Posted on 10/20/2019 8:50:18 AM PDT by raptor22
Fox News legal analyst Judge Andrew Napolitano, who of late has been the poster child for the increasingly leftward tilt of the network touted as "fair and balanced," and who believes that President Trump is guilty of colluding with the Russians to affect the 2016 election and of pressuring Ukraine to investigate a political opponent, insists that the inquiry by Rep. Adam Schiff is perfectly legal because there is no requirement in law that a vote to conduct such an inquiry be taken. As he states in an article in the Daily Herald:
The due process Trump seeks — notice, hearing, fairness, counsel, cross-examination, confrontation, neutral judges — is only relevant during a trial. The House does not conduct trials; the Senate does. There and only there — if we get there — will the president have his due process rights.
(Excerpt) Read more at americanthinker.com ...
Night Court Judge doesn’t care about being correct. He, like all Never-Trumper’s just take every opportunity available to bash the president. Simple as that.
Never been a fan of him, or Eddie Munster.
Napolitano also getting money from Ukraine?
I think the lefties on foxnews started to get bold after the dnc snubbed the network in the debate. The network is trying to placate the Dems.
More like he is getting money from Soros, who is sparing no expense to get rid of president Trump.
He is a fat 69 year old stuffed shirt who wants to be loved by the left. His opinions have always been shaped by his ego more than reason. But we have to give him credit for his role in helping to cause homosexual Shepard Smith to quit FOX after Tucker made fun of him and Judge Andy.
The Legislative Branch is expressing their “impeachment authority” as part of the Legislative Branch purpose.
So that raises the issue of an entirely different type of subpoena:
A demand from congress that penetrates the constitutional separation of powers
and further penetrates the legal authority of Executive Branch executive privilege.
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POINTS TO PONDER
It was separately established by SCOTUS during the Nixon impeachment investigation that
*IF* the full House votes to have the Judiciary Committee commence an impeachment investigation,
then the Judiciary Committee has subpoena power that can overcome executive privilege claims.
<><> There has been NO VOTE to create that level of subpoena power.
<><> ergo, the House has not created a process to penetrate the constitutionally inherent separation of powers,
<><> nor the legally recognized firewall known as ‘executive privilege’.
<><> a House vote authorizes the committee impeachment investigation,
<><> only then does the committee gains judicial enforcement authority.
<><> thus creating the penalty for non-compliance with an impeachment subpoena.
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A demand letter only becomes a “subpoena” (technically ‘a request for the production of documents with a penalty for non-compliance’) when the committee has judicial enforcement authority.
Only then does that process establish an enforcement penalty.
The current demand letters cannot carry a penalty because the demands do not contain judicial enforcement authority....simply because the impeachment investigation was not authorized by the chamber.
The reason judicial enforcement authority is constitutionally required is because creating Judicial enforcement authority, creating the penalty for non-compliance, gives the Executive Branch a process to appeal any legislative demand via the Judicial Branch (federal courts).
Absent a penalty for non-compliance, which factually makes a subpoena a ‘subpoena’, the Executive Branch has no process to engage an appellate review by federal courts.
This, then, is the purposeful trick within the Pelosi/Lawfare road-map.
Bitter old man.
naPOlitano is a joke- his hatred of trump has clouded his mind- TDS is a terrible disease- Nap no longer has any credibility-
You can pick the correct consonant.
R or B or P or... keep going, you'll get there.
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