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To: Kaslin
There is a name for the committee's “let's see what you've done then we’ll make up the rules” approach: ex post facto.

This ex post facto version of impeachment is objectionable for at least three reasons.

This author misses the point entirely. By its very nature, and by design of the founding fathers, "High Crimes and Misdemeanors" was supposed to be determined on a case-by-case basis, because impeachment is a political, not a legal, process. Ex post facto determination of a high crime is baked into

The check on unwarranted impeachment is the high bar of a 2/3 majority in the Senate for removal from office, and the fact that the Representatives have to face their voting constituents every two years.

The same approach can be found in the Uniform Code of Military Justice article 133, which is a catch-all "conduct unbecoming an Officer" that is determined ex post facto" what constitutes such offending conduct.

7 posted on 12/09/2019 5:54:29 AM PST by Yo-Yo ( is the /sarc tag really necessary?)
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To: Yo-Yo

The 22nd Amendment to the Constitution says that no person shall be elected to the office of president more than twice. However, it doesn’t state that a person can’t “run” for the office of president more than twice.

Donald J. Trump, the master, could have a lot of fun with that one.


10 posted on 12/09/2019 6:20:27 AM PST by M.T. Helmets (All the news that fits.)
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To: Yo-Yo
Exactly - excellent summary. Impeachment is a purely political process not bound by any legal standards with respect to due process, rules of evidence, etc.

So, that sounds like a pretty powerful (political) weapon, right? Maybe on the order of what the executive possesses, including the nuclear launch codes. Technically, Trump has the ability to declare a national emergency - and all that entails - in order to "defend" the country.

In other words, with great power comes great responsibility. One would think that after 225 years or so, that mature consideration, measured response and an eye towards preserving a legacy would serve as motivation for Congress to moderate its behavior.

That of course is the real danger here - tit-for-tat responses as the political center gyroscopically spins out of control. However, once a bully begins those in the right have no option but to respond.

17 posted on 12/09/2019 7:24:42 AM PST by semantic
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