Posted on 11/07/2019 8:54:34 PM PST by bobsunshine
There is an important granular aspect to the validity of the House impeachment process that few are paying attention to. If the HJC loses this case in the DC Appellate Court, it means there is no constitutional foundation recognized to the “impeachment inquiry.”
Without the constitutional recognition of the judicial branch then: (a) Pelosi/Lawfare have to restart the process with a genuine House vote; or (b) the ongoing impeachment process will have no recognized constitutional standing; and (c) the Senate could ignore any House impeachment vote, cast without recognized constitutional standing.
On October 25th DC Judge Beryl Howell granted the House Judiciary Committee (HJC) request for legal authority to receive 6e grand jury material underlying the Mueller report.
Additionally, and most importantly, within the Howell decision she officially recognized the HJC effort was predicated on a constitutional impeachment process. In essence Howell’s opinion granted the HJC with “judicial enforcement authority.”
The DOJ moved to appeal the decision and requested a “stay” pending appeal. Judge Howell rejected the DOJ “stay” motion.
The DOJ then appealed to the DC Court of Appeals. A panel of three judges issued an “administrative stay”, blocking enforcement of the Howell ruling while the appeal was reviewed. The DC Appellate Court has now scheduled the arguments within the appeal.
(Excerpt) Read more at theconservativetreehouse.com ...
This is what I’ve been wanting and waiting for.
Well that and a million dollars cash and a hot blond and a magic Jack Daniels bottle that never gets empty.
But this is ONE of the things i’ve been wanting and waiting for.
Tyrants in black robes can never be trusted at any level.
Democrat Beryl Howell sides with the US House Democrats...
“There is an important granular aspect to the validity of the House impeachment process that few are paying attention to. If the HJC loses this case in the DC Appellate Court, it means there is no constitutional foundation recognized to the “impeachment inquiry.”
Without the constitutional recognition of the judicial branch then: (a) Pelosi/Lawfare have to restart the process with a genuine House vote; or (b) the ongoing impeachment process will have no recognized constitutional standing; and (c) the Senate could ignore any House impeachment vote, cast without recognized constitutional standing. “
Such mental gyrations are ludicrous.
The Courts have no constitutional role whatsoever in the impeachment process, or whatever process the House chooses to use for any purpose.
None.
And if the House musters 218 votes, after whatever process or non-process they choose to employ, the Senate has no choice but to hold a trial.
That much is Constitutionally mandated.
The flip side is the Courts have no authority whatsoever over the Executive and whether he cooperates with Congressional demands.
Congress can impeach and remove with sufficient votes. Without them, nothing can stop a POTUS from doing whatever he pleases.
“It’s not illegal if the President does it.”
—Richard Nixon—
Yeah. I just read her profile on Wikipedia. This has NO chance.
“...Tyrants in black robes can never be trusted at any level....”
Exactly...especially when they identify as communist RATs.
DC court. I am not holding my breath. The outcome is obvious. Law, precedent, protocol, rights,and rules must be crushed to advance the war on our President.
If I looked up the correct judges, the 3 judges on this appeals panel to hear oral arguments Tuesday, Nov 12 are Judith Rogers (appointed by Clinton), Thomas Griffith (appointed by George W Bush) and Neomi Rao (appointed by Trump).
Then why did the House Democrats file this lawsuit to enforce their subpoenas?
Rogers and Griffith are veterans of the D.C. Circuit. Rogers has served since the Clinton administration, and Griffith since the George W. Bush administration. Rao is a PDJT appointee and voted no on the Trump accountant case last month.
I’m hoping for a 2-1 or 3-0 in the DOJ’s favor.
Well I agree but was this post to me meant for the effort against impeachment on this thread?
If not, i still agree.
Gays say “well it’s in our genes and we desire it”.
Well it’s in my genes to desire hot women walking around and to even fool around with them but I can’t because it’s God’s law.
So you pray and you abstain.
“Then why did the House Democrats file this lawsuit to enforce their subpoenas? “
They hope to find a judge to help them make the admin look “lawless”.
Like all things impeachment, they have a political objective.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.