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Impeachment of Trump would be an unconstitutional attainder
Fredericksburg.com ^ | Sep 30, 2019 | Victor Williams

Posted on 11/02/2019 4:14:21 PM PDT by xzins

HOUSE Speaker Nancy Pelosi has now formally stamped an institutional imprimatur on the continued House harassment intended to punish and harm President Donald Trump.

Following another deep-state assault against Trump, six House committees are operating under Speaker Pelosi’s recycled 2016 “resistance” umbrella for impeachment inquiries.

Speaker Pelosi needs to be reminded that the U.S. Constitution’s Article II, Section 4 has an exacting “high crimes” evidence standard for a valid House impeachment.

President Trump did absolutely nothing wrong in his telephone call with the Ukrainian leader.

Just as the Mueller investigation yielded no collusion and no obstruction, here there is no abuse of power or cover-up.

There is no quid, no pro, and no quo.

The media reports that this latest deep-state move against Trump comes from a CIA officer who was granted high-level security access in the White House.

However, the federal whistleblower statute’s protection is not applicable to illegal leaks of presidential communication by an intelligence official. Any reasoned legal analysis shows the CIA officer is not a whistleblower.

Regardless, the so-called “whistleblower complaint” evidences no wrongdoing by Trump. But its exacting legal form does indicate a coordinated intelligence operation against the 45th president.

Any collusion to mask the leak as a “whistleblower complaint” would itself be a gross betray of trust. And the so-called White House “cover up” was an appropriate attempt to plug and prevent illegal leaks.

The full House needs to be reminded that the U.S. Constitution explicitly forbids legislative harassment—that is, punishment that causes direct harm or even reputational harm—such as those of a fake, partisan impeachment.

Article I, Section 9 of the U.S. Constitution states that “[n]o bill of attainder…shall be passed.”

The House may not punish or harm any individual, including Donald John Trump.

Whether using a de facto (by fact) or de jure (by law) paradigm, the House’s punitive harassment, and the evolving fake impeachment against Trump, should be analyzed as an attainder.

Like attainders of old, the only purpose of the House’s fake impeachment of Trump, without any credible evidence of a high crime and without any possible chance of Senate conviction, is to punish, taint, and stain the president.

English jurist William Blackstone described “attainder” as any legislative harm, taint, stains, or blackening.

According to Blackstone, the prohibited “attintus” may come in any form or fashion. The attainder may constitute an actual penalty or it may be purposed solely to damage a targeted individual’s reputation and credibility.

The U.S. Constitution’s attainder restriction was a disruptive 18th century human rights advancement.

Harvard Law professor Zechariah Chaffee Jr. described the legislative punishment ban as “one of the three most important human rights” in the U.S. Constitution’s 1787 main (unamended) text.

The Constitution’s textual prohibition against attainder provides a solid, human-rights argument against the House moving forward with its fake impeachment of our duly elected president.


TOPICS: Editorial; Front Page News; News/Current Events
KEYWORDS: attainder; cointelpro; coup; couppeachment; impeachmenthoax; inquiryhoax; shampeachment; trump
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To: xzins

Thank God I am not the only one who believes that President Trump is a victim.

A VICTIM OF HARASSMENT.

It is so obvious. Every day they come up with a new accusation.

This has got to stop and our beloved Country and Constitution were made for times like this.
I am going to relish the time when justice comes to those who have been attacking ONE MAN, to the disgrace of a major political party both standing by and actively participating.


41 posted on 11/02/2019 5:53:29 PM PDT by Maris Crane
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To: Singermom

Swamp was never drained. Even if President Trump is re-elected,I doubt much will change. It’s just the new normal. In reality,we probably need a bloody revolution. The left wants it;keep the powder dry because the decision will be by others.


42 posted on 11/02/2019 5:56:46 PM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: xzins

Ahh legal stuff. Yeah, the House doesn’t do that.


43 posted on 11/02/2019 6:04:00 PM PDT by lastchance (Credo.)
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To: xzins
Speaker Pelosi needs to be reminded that the U.S. Constitution’s Article II, Section 4 has an exacting “high crimes” evidence standard for a valid House impeachment.

Oh please, the Democrats routinely wipe their festering bottoms with the Constitution. When is our side going to realize that the Democrats are nothing but lawless creeps that couldn't give a rat's behind about laws or regulations?

44 posted on 11/02/2019 6:05:08 PM PDT by Major Matt Mason (Barr is DS until he proves otherwise.)
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To: shanover

Dems are pulling this crap to cover their own tails and for no real other reason. If the truth ever had a chance to get out from the smoke a lot of the dems would be hanging from lampposts or in Gitmo.


45 posted on 11/02/2019 6:06:24 PM PDT by oldasrocks (Heavily Medicated for your Protection.)
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To: oldasrocks

bumpty bumpty bump


46 posted on 11/02/2019 7:07:03 PM PDT by Glad2bnuts (“If there are no absolutes by which to judge society, then society is absolute.” Francis Schaeffer)
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To: xzins

I’m curious if the Supreme Court could overturn an impeachment conviction if they found it didn’t meet the requirements of the Constitution.


47 posted on 11/02/2019 8:30:12 PM PDT by aimhigh (THIS is His commandment . . . . 1 John 3:23)
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To: aimhigh

Good question. I’ve also wondered if the presiding judge, the chief justice, could just throw the case out.


48 posted on 11/03/2019 5:17:08 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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To: Logical me

Well, is there really a need for a Senate trial?

If McConnell makes a presentation of a vote on a Senate committee resolution declaring the House impeachment indictment to be an actual bill of attainder. He then can throw out the House case in summary judgement


49 posted on 11/03/2019 5:28:23 AM PST by bert ( (KE. NP. N.C. +12) Progressives are existential American enemies)
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To: Dilbert San Diego
True on both counts. Mad Maxine Waters stated that 'impeachment is whatever we say it is' (paraphrasing). Call that a blind squirrel quote as she is correct on that point (as we are learning today).

As to the Nixon impeachment, you may be referring to the 'endeavoring to use the IRS" charge, written by a young and still corrupt Hillary Rodham. Keep in mind, the meaning of endeavoring: He didn't really do it, but he wanted to and asked about it.

50 posted on 11/03/2019 6:24:24 AM PST by Michael.SF. (Youth, speed and energy can always be overcome with experience and treachery.)
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To: goldstategop

Interesting. The Constitution makes no such distinction, does it? It just says all ex post facto laws.


51 posted on 11/03/2019 5:40:58 PM PST by caddie (We must all become Trump, starting now!)
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To: xzins

I think anyone who is HARASSED like this should be able to seek relief through the courts.

I hope President Trump does that exactly.


52 posted on 11/03/2019 6:01:08 PM PST by Maris Crane
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To: bert

I agree with you. With zero high crimes and accompanying misdemeanors, such an impeachment would be a bill of attainder which has the sole purpose of tainting the president. McConnell could declare it illegal and throw it out.


53 posted on 11/04/2019 5:31:24 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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To: P-Marlowe

Analysis please


54 posted on 11/04/2019 5:42:14 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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To: xzins

This we know.

Why would the now radicalized Democratic Party care?


55 posted on 11/04/2019 4:13:23 PM PST by Vaden (First they came for the Confederates... Next they came for Washington... Then they came...)
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To: wilmore

Heh...


56 posted on 11/04/2019 5:52:06 PM PST by Syncro (Facts is Facts)
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To: nikos1121

Trump needs to stump for this guy bigly time.

Good one to replace Sen. Mark Warner.


57 posted on 11/04/2019 6:09:33 PM PST by Syncro (Facts is Facts)
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To: caddie; All
...the open borders policy and its sequelae where illegal invaders from other countries come here, work and practice professionally, get elected to office, and whose felony entries are ignored by the millions...

As in all these things, the problem with the country is not

the law or the Constitution, but the total lack of law enforcement.

And beneath that, and perhaps the graver lesion, is the lack of concern among everyone that this situation is fatal.

If we allow the lawless Democrats to act with impunity, then, the Unites States eventually falls apart.

We have a lot of work to do.
58 posted on 11/04/2019 6:26:55 PM PST by Syncro (Facts is Facts)
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To: caddie
RE: If not bribery, what?

My thoughts exactly. If Pelosi’s stated net worth is only $100 million, I think there's a big bank account offshore somewhere. And why is it that she can get every Democrat to vote with her on blatantly ridiculous measures unless her party members are compelled in some way to back her??

59 posted on 11/05/2019 3:27:33 AM PST by Missouri gal
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To: Logical me

It doesn’t matter what the Constitution says>>>>>>>>>>>>>

Oyez it does.

The Senate can declare the Articles of Impeachment sent to them by the House of Representatives a bill of attainder
prohibited by Article 1 clause 9 of the constitution.

Game over.


60 posted on 11/05/2019 7:37:47 PM PST by Candor7 ((Obama Fascism)http://www.americanthinker.com/articles/2009/05/barack_obam_the_quintessentia_1.html)
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