courthousenews.com/past-impeachme…
But, remember: this is as much for them as it is for the public.
Feldman's opening statement in full available here:
documentcloud.org/documents/6567…
He explains; Classically, high crimes and misdemeanors are an abuse of office defined by using the office of the pres. for "personal advantage or gain, not for the public interest."
impeachment trials. They were in common use in impeachments. Indeed, those words emerged in impeaching Warren Hastings.
“high” in the phrase modified both words that followed: “high crimes” and “high misdemeanors.” The
word “high” meant “connected to high political office.”
those offenses which proceed from the misconduct of public men, or, in other words, from the
abuse or violation of some public trust.
itself."
@CourthouseNews
@CourthouseNews
We've had 2 attempts at objections/parliamentary order, shot down already. Off to the races.
- Nixon produced dozens of docs/recordings
- Clinton physically gave his blood when asked
Trump has refused to produce a single document and has directed all witnesses not to testify.
This is a "re-do" on Mueller, he says. Saying Hose Judiciary Cmte did not have ample review period for Mueller Report.
This isn't about new evidence, he adds. It's about "clock and calendar." This is happening because Dems are scared they will lose again in 2020, he adds.
@CourthouseNews
documentcloud.org/documents/6567…
documentcloud.org/documents/6567…
The idea is: POTUS must be subordinate to the law, not above it.
Reelection was not a sufficient security against presidential misconduct or corruption
documentcloud.org/documents/6567…
cc: @realDonaldTrump
"I cannot help to think that this president has attacked every safeguard against establishing a monarchy in this country."
@CourthouseNews
and he became the judge and jury.”
its relevance speaks for itself."
documentcloud.org/documents/6567…
He's mad, his wife is mad, even his Goldendoodle is mad, he jests.
When POTUS does that, separation of powers means nothing. Subpoenas were lawful orders.
In law school, we teach our students, this is easy, straightforward, Gerhardt says of subpoenas - you get one, you need to respond to it by law.
Feldman: Abuse of power, anything done that would put his personal gain ahead of public interest.
"The president did commit an impeachable abuse of office," Feldman says. "Same answer," Karlan says.
Gerhardt: We're all in agreement.
After very brief hedging, Turley concedes, smiling, commends Eisen for his memory of the piece in the Journal
She begins with what Framers were concerned with before bringing it up to date.
"Yes, they did," Karlan responds.
It's important to distinguish this from the current federal criminal code for bribery.
"If you can conclude that he asked for investigations in Biden and Biden's son for his own political benefit, yes, the request to Zelensky was bribery, she adds.
"If what we're talking about isn't impeachable, then nothing is impeachable," Gerhardt says.
@CourthouseNews
Karlan, Feldman, Gerhardt agree, it does not.
Whether he succeeded to get what he wanted doesn't matter.
He also (mercifully) acknowledged that this room is absolutely freezing,
He complained about the discomfort of his chair.
I would sit on a bed of spikes for some warmth now.
In McDonald v. US, SCOTUS looked at a public corruption bribery case, where gifts were actually rec'd and benefits actually extended. There was completion, not a hypothetical, he says.
In jest, says repetition of that citation makes his "hair catch fire"
watergate.info/impeachment/ar…
W/election pending, when facts are in dispute, he says, does the timing bother him?
Fast & narrow is not a good recipe for impeachment, that was the case w/Johnson. Narrow was the case with Clinton.
"They tend not to survive, they collapse in front of Senate."
Turley: "You can't say POTUS is above the law if you say the crimes he's accused of don't have to be established."
"And so did the courts," he adds.
"You need to stick the landing that there was quid pro quo," he adds. "I don't see proof, no matter what my presumptions or bias may be"
Turley: During the Clinton impeachment, there was a Q over how much House had to do because there was a lot of testimony, tapes, etc.
Since they aren't here, we move on.
The framers were clear, Feldman stresses. When you receive something of personal value that influences the office, the Constitution specifies bribery as grounds for impeachment.
A federal statute does not trump the Constitution, Feldman says.
Sent tweet too early.
Disregard.
But again, as we already know - the Pentagon was happy with Ukr. corruption reform efforts, so much so, they certified the funds long before July call.
Regret the error.
No, she would not, Karlan says.
(Strong use of visuals)
Laughter erupted in the chamber.
@CourthouseNews
I'm in the room - and yes, he absolutely is.
(My ears!)
Gerhardt: For acting on his own personal benefit, he crosses a line - a line that is very clear. (Clear because it was written into the Constitution rather unequivocally)
Framers were very worried about this, Feldman said.
Karlan: This is an archetype of abuse of power.
Ratcliffe, totally unironically, commends Turley for the ability to hold opposing views about an idea.
Turley: He doesn't. That's why we keep hearing circumstantial and inferential testimony
If I could ask Turley - would that include Pompeo, Bolton, Mulvaney, Vought, Pence et al who have ignored subpoenas?
Feldman: The evidence does meet that criteria.
Then Karlan reacts and speaks to GOP directly:
founders.archives.gov/documents/Jeff…
Then...
You may recall Fiona Hill's testimony when she said that women are often viewed as unhinged when they merely express anger or strong emotions.
Not only is Gaetz yelling at her, but he's telling her she's mean, for saying Trump may have a son named Barron, but that doesn't mean he can make his son a baron.
A woman telling *This* joke, to Gaetz, is "mean"