Sundance delivers a WOW!
https://theconservativetreehouse.com/2020/01/25/opening-argument-patrick-philbin-explains-an-unconstitutional-origin-to-the-house-impeachment-and-why-it-matters/
Opening Argument Patrick Philbin Explains an Unconstitutional Origin to The House Impeachment, And Why It Matters
FTA:
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.
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This point deserves an repeat post—As was discussed previously (stated slightly differently)—this was an end run around the constitutional balance of power/judicial review.
House actions with respect to oversight and subpoena vs Executive Privilege is subject to judicial review. When some of their desired witnesses stated they were going to court -the house withdrew—knowing they would likely lose.
Senate has sole power to try impeachment. Some scholars have stated that is not subject to judicial review. Thus, if the Senate falls for the House’s gambit, witnesses might have to appear that the court would never have allowed.
Such a process would again deprive POTUS and his lawyers of due process-yet another violation and unfair practice.
It also allows the DemocRATS -if Senators don’t cave-to cast the Senators in a bad light—as trying to cover up something bad. Typical ALINSKY MARXIST actions.
When JUSTICE draws NEAR
And the GUILTY show FEAR
Liars Deny FACTS you may HEAR
And then Deploy the SMEAR
> White House Counsel Patrick Philbin explains why House subpoenas were illegitimate
I’m listening to this part right now.
-SB
https://www.freerepublic.com/focus/news/3811023/posts?page=1
Opening Argument Patrick Philbin Explains an Unconstitutional Origin to The House Impeachment, And Why It Matters
Great post. Needs to go viral, doesn’t it.