Posted on 01/25/2020 10:12:39 PM PST by bitt
Several days ago we anticipated a potentially important point we hoped would start the impeachment defense for President Donald Trump. Today, attorney Patrick Philbin delivered. The issue is a critical constitutional component that needed emphasis, and it is good to see pundits finally starting to realize the significance.
White House Counsel Patrick Philbin explains why House subpoenas were illegitimate: the subpoena power was never authorized; the initiating subpoena power was never voted on.
Additionally, and specifically by design, absent a penalty for non-compliance, which factually makes a subpoena a ‘subpoena’, the Executive Branch had no constitutional pathway or process to engage an appellate review by federal courts. Make no mistake, this was a pre-planned purposeful trick within the Pelosi, Schiff and Lawfare road-map.
The House motive here, the forethought within their design, is very important now because it explains why they are vociferously demanding witnesses in the Senate. The House plan was to work around the ability of the executive branch to go to court. The managers are now attempting to execute that plan, along with a manufactured political talking point, in the Senate trial.
The House intended for this to unfold exactly as it is happening.
(Excerpt) Read more at theconservativetreehouse.com ...
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Starting Mondays hearing, I’m thinking Mr Dershowitz lays this out. Mitch should then call a vote to dismiss and kill this rabid dog. The Iowa caucus is nearly here and mini-mike, Buttplug, and Crazy Joe are running amok. The Dems can cry technicality and coverup and run for the tall grass. IMHO.
IIRC, several brilliant FReepers repeatedly made that exact point. No vote, no subpoenas. Merely requests which can be handled with a simple “NO”.
So, the Executive branch can now prosecute the House for Abuse of Power (for trying to impeach without authority), and Obstruction of Administration (for wasting so much time, thus interfering with President’s efforts).
Ping!
Based on this, it would be a huge mistake to let this fiasco continue. Dismiss the case. No subpoenas, no witnesses. Don’t let the Democrats go around the procedures which they should have followed.
The House didn’t vote, therefore no subpoenas could be issued. Therefore, the Trump Administration could not contest the requests in court. Don’t let the Democrats access the requested information in the Senate. The House was the place for it, but they knew the courts would not support it.
They’re trying to make the Senate cave and bypass the proper procedures which would have given Trump’s team their day in court. Dismiss the case. No further discussion is necessary.
Finally someone gets it and spells it out in relatively plain English.
HOW, the follow-up to this article HAS TO BE a Republican counterattack on the Media, their legal analysts (affectionally known to sane people as “anal analysts”.
During their presentation next week, the Sen. Republicans should take about 20 of the worst MSM legal pundits/legal reporters/congresspersonthings and related leftist corrupt academic/media scum’s “best lies of the impeachment effort” and lay them down side by side with the real truth for each one.
That would be a powerful tool for those on the internet, twitter, facebook, podcasts, etc. to SHOW and READ to their listeners/followers, and KEEP showing them as a sidebar every day for till the end of this whole Soviet-style Marxist clown court inquisition.
The same for the FISA warrant fiasco and deliberately corrupt procedures Comey, Rosenstein, etc., aided by McCabe, possibly Sally Yates, Loretta Lynch and even Obama, to illegally create a “crime to investigate” when there never was any crime. THAT IS THEIR CRIME and they must be exposed before Congress, a grand jury, convicted and jailed. Even Obama is NOT ABOVE THE LAW though he and Hillary think they are.
Time for our real justice system to kick into overdrive. I hope that AG Barr and Special Prosecutor/Attorney John Durham do just that. Issue supoenas by the pound to everyone identified as having anything to do with the Steele Dossier (GPS Fusion and people), DNC, Hillary’s campaign, Coie Perkins criminally corrupt law firm, the writers at Yahoo, The Nation, Newsweek, TIME, NYT , Wash. Post, and Mother Jones, as well as the other govt officials from the DNI (Brennan the traitor), Clapper the Bell-brained fool at the CIA, anyone from the NSA who supplied false information for the FISA warrants, the State Department from Nuland down to John Kerry’s aide Jonathan Winer and Kerry himself.
If I’ve left out anyone I apologize, but there are lots of lists with your names on it on the internet. Vidman, Yovanovitch, the BIDENS, and anyone else involved with Burisma/Ukraine should also be subpoenaed if it can be proven that they deliberately lied about any facet of the Ukraine/Trump impeachment issue, no matter who they are and where they were.
The long arm of the law needs to be stretched to its legal and geographical limits in order to put the Deep State in jail for many years.
Right on. The best defense is to go on offense, 100%!
When asked about this yesterday, Sen. Ted Cruz told Judge Jeanine Piro, “Well, that’s a legal argument the President’s lawyers are making...”
This sh*t is not real nor Constitutional.
Bump!!!
They're grasping at straws...they're desperate.
You are absolutely correct. Everything you mention should be happening. Why isn’t it? When are we going to start asking that question? What Schiff has done here is perpetrate a fraud and everyone knows it. Why isn’t he in jail?
Kupperman initially went to court with one of those fsux subpoenas to challenge the validity and the dimmies rescinded the subpoenas before the court could rule.
Here’s my dumb question: If Pelosi had the votes to impeach President Trump, why didn’t she have them vote to authorize the impeachment inquiry?
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