Pelosi should block impeachment trial until White House is forced to reveal all

CNN ^ | Updated 9:20 AM ET, Sat December 21, 2019 | Joseph J. Ellis

[conservative98]

(CNN)Let's call it the Pelosi Pause. There are no written rules governing the timetable for delivery of the House decision impeaching Donald Trump to the Senate, only custom. But then there were no written rules governing the timetable for a Senate decision on Barack Obama's nomination of Merrick Garland, only custom. If Speaker Nancy Pelosi follows Senator Mitch McConnell's playbook, Donald Trump will never stand trial in the Senate.

Joseph Ellis Joseph Ellis From a Democratic perspective that outcome would be preferable to a show trial, where the conclusion is not just foreordained, but announced beforehand by the Majority Leader after consulting with White House counsel. It's perfect: a rigged trial of a President accused of plotting a rigged election. We can only assume that Senator McConnell will be winking at the camera when he takes the oath of impartiality, "so help me God." Pelosi need not wink, she only needs to wait. How long? Until November 2020, if necessary. McConnell claims that he has all the leverage because he has the votes in the Senate, and that, not the evidence described in the impeachment report, is all that counts. But it counts for nothing until the Senate receives the impeachment recommendation from the House. Dean: Pelosi has leverage over Senate impeachment trial

This is what Speaker Pelosi knows, and that could be why she is waiting

[windsorknot]

Let's call it the Pelosi Pause.

Let’s call a half-baked cake that nobody wants to eat, and the Senate decides to throw it out.

[bigred44]

As CNN and MSNBC continue to say: Trump’s days in office are numbered!

1491 days to be exact. :)

[The Antiyuppie]

This is a great idea. They should do it!.

[Bratch]

Don't sell SanFranNan short.

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Impeachment as a Means to An End, and Not The End Itself…

Posted on December 19, 2019 by sundance

It does not seem accidental the hastily defined two articles of impeachment mirror the  arguments needed in two lower court cases brought by the House Judiciary Committee.

[Go DEEP HERE]

It is likely both articles of impeachment, “Abuse of Power” and “Obstruction“, are designed to support pending HJC court cases seeking: (1) former White House Counsel Don McGahn testimony; and (2) grand jury evidence from the Mueller investigation.

Because the full House did not originally vote to authorize articles of impeachment the House Judiciary Committee never gained ‘judicial enforcement authority‘.  The absence of judicial enforcement authority was evident in the lack of enforcement authority in House subpoenas.

The House could not hold anyone in contempt of congress for not appearing because they did not carry recognized judicial enforcement authority. Additionally downstream consequences from that original flaw have surfaced in cases working through courts.

There is an argument to be made the rushed House articles are a means to an end. That is – a way for House lawyers to argue in court all of the constitutionally contended material is required as evidence for pending judicial proceedings, a trial in the Senate.

This would explain why all the prior evidence debated for inclusion and legal additions to “articles of impeachment” were dropped.  Instead the House focused only on quickly framing two articles that can facilitate pending court cases.

If accurate, that perspective means the grand jury material is the unspoken goal and impeachment is simply the enhanced means to obtain it.

The 6(e) material relates to evidence gathered by the Mueller team for grand jury proceedings in their two-year effort to construct a case against President Trump.

Remember, the Mueller evidence was gathered during a counterintelligence investigation, which means all things Trump -including his family and business interests- were subject to unbridled surveillance for two years; and a host of intelligence gathering going back in time indefinitely.  A goldmine of political opposition research.

Obviously if Jerry Nadler could get his hands on this material it would quickly find its way into the DNC, and ultimately to the 2020 democrat candidate for president.  This material would also be fuel for a year of leaks to DC media who could exploit rumor, supposition, and drops of information that Andrew Weissmann and team left to be discovered.

We know from the alignment of interests it is likely Jerry Nadler and his legal Lawfare contractors are well aware of exactly what Weissmann and Co. created for them to discover.  The problem for the House team(s) is they need legal authority to obtain it and then utilize it to frame and attack President Trump.

With the impeachment articles now approved – the DC Appeals Court is asking Nadler’s team if the purpose of their lawsuit is now moot.  Essentially the court believes the prior lawsuit was based on gathering evidence for the impeachment articles:

 

If my suspicions are correct [SEE HERE] then Jerry Nadler will respond to the court by saying the HJC needs the 6(e) material to support the obstruction article in a Senate Trial. Per the court deadline, we will know by Monday December 23rd.   The obstruction article will then become disposable; it will have fulfilled its purpose.

The original lower court ruling approved the HJC request but limited the scope of the material to only that which Mueller included in his final report.  So it’s not accidental that Nadler’s crew shaped an “obstruction” article considering two-thirds of Mueller’s report was structured around… wait for it…. yep, obstruction.

Conveniently a pending Senate Trial against President Trump for obstruction paves the way for the DC appeals court to rule in favor of the HJC need for supportive evidence.

While twisted, this approach screams Lawfare…. that is, to make an indictment and then go fishing for the evidence to support that indictment.   Evidence that, not accidentally, carries more political usefulness than the indictment it is intended to support.

Also, it is worth remembering HJC Chairman Jerry Nadler hired Mary McCord as part of his contracted team effort.  McCord was the DOJ-NatSec Division head who accompanied Sally Yates to the White House to confront Don McGhan about Lt. Gen. Flynn.

“I think people do see that this is a critical time in our history,” said Mary McCord, a former DOJ official who helped oversee the FBI’s probe into Russian interference in the 2016 presidential election and now is listed as a top outside counsel for the House in key legal fights tied to impeachment. “We see the breakdown of the whole rule of law. We see the breakdown in adherence to the Constitution and also constitutional values.”

“That’s why you’re seeing lawyers come out and being very willing to put in extraordinary amounts of time and effort to litigate these cases,” she added.  (link)

My suspicion is the articles of impeachment are a means to an end, and not the end itself.

Defeating and destroying President Trump is the goal, by any means necessary.

This severe type of goal is not guaranteed by relying on a republican Senate to remove him.   More extreme Lawfare measures are needed…

 

 

[bigred44]

1492 days. 2024 is also a leap year.

[Sacajaweau]

Me thinks....The Senate can present the rules and order the date of the trial.

The impeachment of course stands as written. The Dems must (or maybe not) appoint their managers and the solemneties will begin on the date appointed.

[noexcuses]

When the Senate reconvenes in January, amend the impeachment rules to read that if the articles are not transmitted by the House within 21 calendar days of their vote, then there will be no trial and acquittal is automatic.

[ransomnote]

Joseph Ellis

False claims of combat service and anti-war leadership
~~~~~~~~~~~~~~~~~~~~

Thank you for posting that. Isn’t it fitting that THIS is the kind of person CNN holds up as authoritative? A man who lies about himself, steals the valor of others? Way to go, CNN.

[Gumdrop]

I do swear that these idiots never passed the 10th grade, They remain eternal sophomores.

[teletech]

Nancy can hold the articles until the cows come home. It won’t change the outcome.

[CIB-173RDABN]

I don’t think the President cares.

As someone else pointed out, he is still the President. The vote last week changed nothing.

[windsorknot]

It’s an Impeachment if you can keep it.
-Nancy Pelosi

[jospehm20]

Rats are as likely to lose the house as they are to win the Senate. They won’t get 2/3 of the Senate in any case so if that is the plan, it is a stupid plan.

[Trump.Deplorable]

too risky, having impeached the popular president, she may lose the house.

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And possibly lose even more seats in the Senate

Even though they have an advantage there in 2020, they could lose seats if Repubs run the right candidates in purplish states where Trump won or did well and they still have a dem senator.

It is a possibility

I think a lot of people who are not political junkies and are not infected with TDS about 5-15% has this infection, I think the dems are making those people feel sorry for Trump, sure they maybe didn’t vote for him in 2016 and they don’t like the things he tweets but overall, they like the economy, they like seeing things getting accomplished, overall they are happy. I don’t see that group voting for Quid Pro Joe or Pocahantas or Butt Guy in 2020. I see them as moderate Trump supporters and they might give Trump back the house and keep and make a couple gains in the senate.

The 2020 senate map is tough for us but I think Nancy made it easier. Of course we need run the right candidates.

[mjp]

leftards cherish the delusions that make them happy

[Vendome]

“If Speaker Nancy Pelosi follows Senator Mitch McConnell’s playbook, Donald Trump will never stand trial in the Senate.”

LOL!

Fine by me...

[puppypusher]

These Rats are preventing the start of the impeachment trial because they have No evidence.

If that says the case the impeachment should be null and void since all the rays are doing is wasting the time of the Senate and the money of the Tax payers.

McConnell should not even accept this fraudulent paperwork.Turn it back to Nancy and tell her it’s garbage.

[Ingtar]

She could be simply waiting for Schiff to finish making up something about Pence

[Inspectorette]

Looks like some serious denture slipping on Nanzi.

[manc]

So she can wait till Nov 2020. There they go again assuming they are going to win. How about if we get control of the house, and keep control of the Senate, and the White House.
Now the left are really screwed, does she want to take that chance in this booming economy, and nothing is sticking from what they are throwing.?