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Title: Dershowitz: Come On, You Can’t Charge Trump With Obstruction
Source: Hot Air
URL Source: https://hotair.com/archives/2017/12 ... witter.com&utm_campaign=buffer
Published: Dec 4, 2017
Author: ED MORRISSEY
Post Date: 2017-12-04 17:23:24 by Gatlin
Keywords: None
Views: 1102
Comments: 13

Can Congress impeach Donald Trump for obstruction of justice in the firing of James Comey? Sen. Dianne Feinstein (D-CA) made that argument yesterday on NBC’s Meet the Press, telling Chuck Todd that the Senate Judiciary Committee has nearly completed its review of the matter. Feinstein argued that Trump’s action in firing Comey for his refusal to “lift the cloud” by stating publicly that Trump was not a target of the FBI investigation amounts to obstruction of justice.

Nonsense, constitutional law expert Alan Dershowitz told Fox News this morning. Presidents cannot obstruct justice by exercising legitimate authority under Article II of the US Constitution, Dershowitz argues, and that includes the authority to direct the Department of Justice and the FBI, as well as replacing its political appointees (via Townhall’s Leah Barkoukis):

Click HERE to read the remainder of the article.

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#1. To: Gatlin (#0)

Fine, but it's also true that Congress could impeach a president for eating a ham sandwich. Impeachment is as much a constitutional perogative of Congress as is firing an FBI director is for a president.

Pinguinite  posted on  2017-12-04   18:46:27 ET  Reply   Trace   Private Reply  


#2. To: Pinguinite (#1)

Fine, but it's also true that Congress could impeach a president for eating a ham sandwich.

They can, but removing a President is tough. And if you don't succeed in removing him, he can use the full power of his office to investigate, disclose and destroy those who seek to destroy him.

So, if they really want to impeach, let them.

Recall what happened to all of the leaders of the effort to impeach Clinton.

Most of the Republican leadership had their own sexual affairs exposed and were driven from office or disgraced.

Vicomte13  posted on  2017-12-04   22:41:00 ET  Reply   Trace   Private Reply  


#3. To: Vicomte13 (#2)

They can, but removing a President is tough. And if you don't succeed in removing him, he can use the full power of his office to investigate, disclose and destroy those who seek to destroy him.

Yes. My point was it all comes down to politics, not law, for both president & congress. The technicalities about whether Trump did or did not actually break the law with obstruction are not important.

And an R congress would have no chance in hell of actually impeaching or convicting Trump, even if they wanted to, as public backlash would nail them to the wall on it. Even if Dems won every Senate seat up for reelection next year, they still couldn't get a conviction, I'd wager. The people who put Trump in office are still there and still smell the swamp.

It's all politics, politics, politics.

Pinguinite  posted on  2017-12-05   11:21:51 ET  Reply   Trace   Private Reply  


#4. To: Pinguinite (#3)

I agree with your assessment.

Vicomte13  posted on  2017-12-06   7:12:15 ET  Reply   Trace   Private Reply  


#5. To: Vicomte13 (#2)

Most of the Republican leadership had their own sexual affairs exposed and were driven from office or disgraced.

Your just making stuff up. Name these folks in leadership duri g impeachment that were driven out. There weren't any except maybe Newt.

A K A Stone  posted on  2017-12-06   7:16:55 ET  Reply   Trace   Private Reply  


#6. To: A K A Stone (#5)

You don’t remember Vitter, or Barr, or the bathroom foot-nudging cruiser from the Northwest. You’re a partisan, and you overlook the sins of your side. Democrats do the same.

Vicomte13  posted on  2017-12-06   7:24:51 ET  Reply   Trace   Private Reply  


#7. To: Vicomte13 (#6)

I don't look the other way. I despise all globalist.

You threw out a couple of names. But they weren't the leadership. It doesn't matter it was a minor issue I brought up. Have a good day.

A K A Stone  posted on  2017-12-06   8:01:28 ET  Reply   Trace   Private Reply  


#8. To: Vicomte13, Pinguinite, A K A Stone (#2)

Most of the Republican leadership had their own sexual affairs exposed and were driven from office or disgraced.

If we isolate "Republican leaders," we've found our foxes in the henhouse. As we've noted, they all lack any principles -- personally or politically.

In NO way do McStain, McConnell, Ryan, Murkowski, Flake, GOPe puppets etal honestly represent the true GOP or their constituency.

I wouldn't even be at all surprised if they ALL won their respective elections fraudulently -- with help from the Dems. (think about it.)

Liberator  posted on  2017-12-06   10:42:12 ET  Reply   Trace   Private Reply  


#9. To: A K A Stone (#7)

Vitter was elected Speaker of the House! He stepped down because his affairs were exposed. Legalism is not your friend. Democrats and Republicans play that game on each other. Independents hold each party responsible for what the scumbags in their ranks do. Barr led the House prosecution. Vitter was to be Speaker. "Not leadership" is a legalistic defense. Democrats do that, and look ridiculous, and Republicans rightly take the Mickey out of them for doing it.

When Republicans do the same thing, they don't see their own hypocrisy, Democrats scream like Republicans did when the shoe was on the other foot.

And Independents like me look at both parties as fundamentally dishonest and unrepresentative of our beliefs or interests.

Republicans and Democrats don't seem to care about this, until election time, when both sides court us for our votes. The side that just behaved in a straightforward, honest way and that always represented, as first priority, the interests of the working middle class (and did not privilege the interests of the the welfare poor, or the rich) would win every election.

That's why Trump won. The Democrats hate him for being a Democratic. And Republican insiders despise him because he doesn't represent their interests, but the working middle class, which they call "populism" and disdain (because it's money out of their pockets).

Vicomte13  posted on  2017-12-06   10:53:18 ET  Reply   Trace   Private Reply  


#10. To: Vicomte13, hondo68, Deckard, sneakypete (#9) (Edited)

Vitter was elected Speaker of the House! He stepped down because his affairs were exposed. Legalism is not your friend. Democrats and Republicans play that game on each other.

Hold on Vic...Vitter is the exception.

You mean The DEMS play that game. And win ALL the time. Their games, their rules. And why? Because they own and use the media as a PR sledgehammer against Republicans. (NOTE: I'm NOT saying Pubbies aren't guilty of their own shenanigans.)

Start with Uncle Teddy. Bubba Clinton. Hillary. Look at Conyers. Or now Liz Warren (now busted for using a secret “Slush Fund” To Funnel Billions Into Left-Wing Causes through the Consumer Financial Protection Bureau [CFPB]). ALL HAVED SKATED AND WILL SKATE.

Pubbies get busted - even for Jaywalking. Or in Trent Lott's case, for merely celebrating the birthday of a Senator in the 1950s.

Democrats are a TOTALLY DIFFERENT story, held to an exclusive ethical standard. They play "Kangaroo Court" in the arena of public opinion when it comes to Republicans, twisted and warped by a colluding media.

Liberator  posted on  2017-12-06   11:11:39 ET  Reply   Trace   Private Reply  


#11. To: Vicomte13, A K A Stone (#9)

The Democrats hate him for being a Democratic. And Republican insiders despise him because he doesn't represent their interests, but the working middle class, which they call "populism" and disdain (because it's money out of their pockets).

Pretty spot on.

Liberator  posted on  2017-12-06   11:12:34 ET  Reply   Trace   Private Reply  


#12. To: Liberator (#10)

Democrats are a TOTALLY DIFFERENT story,

That's true. But it's no excuse.

Remember, please, I really am an Independent. I don't carry the water for the Republicans.

Here is the problem with Republicans and their protests about the Democrats: the Republicans act as though they are powerless to do anything about it. This is not true. When Democrats hold various offices, they use their power to advance their agenda. What that MEANS is that when Republicans win elections and take those same offices, they can reverse those Democrat gains and impose their OWN policies. But they don't do it.

Now, I've said elsewhere, and I'll repeat here: the REASON the Republicans never use their power that way is because they SAY they are for certain policies, in order to get elected, but they REALLY are moving to advance a different set of policies completely - policies that benefit only a small group of wealthy and powerful donors. But Republicans can't get elected by so few people. They need broad appeal, so they campaign on conservatism and nationalism, but they never really GOVERN that way. They don't like those policies. So they EXCUSE (for that is all it is) themselves for not acting because they say "We don't have enough power". When they have a Republican President, a Republican House, a Republican Senate, a Republican Supreme Court, and control the legislature and governorships of 32 states, they still "don't have enough" to do anything conservative - but they DO have enough to ram through a tax cut for corporations.

Consider the Mueller investigation.

Trump wins the White House. He appoints Sessions. He fires Comey. Comey recuses himself and immediately the Deputy, a guy named Rod Rosenstein, without consulting the President, marches out and appoints a special counsel, and names Mueller to the job.

Mueller hires a bunch of Democrat hacks, and they go after Trump and his appointees, and do so based on things in a fake dossier created by the Clinton campaign.

I listen to conservative Republicans such a Mark Levin say angrily: "There's nothing we can do about it!" And go after the Democrats.

That is not true. Sessions could un-recuse himself, because things have gotten unjust. "But he won't" is not an answer. IF he won't, Trump can fire him.

Trump can fire Rosenstein and replace him with somebody who will fire Mueller.

The Congress could subpoena Mueller and the crooked investigators. Or it could cut off the funding of Mueller's office. The Republicans, in fact, have all of the power to end this investigation and stop the nonsense RIGHT NOW< and they could launch an investigation of Clinton.

And if Trump wanted to, he could demand all of the secret files regarding Obama's birthplace.

The Democrats lost. They do not hold power. They don't hold any branch of government. There is literally NOTHING stopping the Republicans from ramming through everything, prosecuting Hillary, exonerating Trump, collapsing Democrat funding. There is nothing that can stop them except themselves. And they ARE stopping themselves, cold, but then loudly BLAMING the Democrats.

Why? Because the deep Republican Party are crony capitalists and Trump's a populist, so they want to keep the pressure on Trump to give them what they want.

But there the Republicans are, bellowing and pointing at Democrats.

Just stop it, guys, we can all see right through you.

So yes, Democrats and Republicans behave differently, but this is by choice of the Republicans, and it isn't because they are PRINCIPLED, it's because they represent special interests.

Vicomte13  posted on  2017-12-06   13:30:05 ET  Reply   Trace   Private Reply  


#13. To: Liberator (#10)

Democrats are a TOTALLY DIFFERENT story, held to an exclusive ethical standard. They play "Kangaroo Court" in the arena of public opinion when it comes to Republicans, twisted and warped by a colluding media.

IMHO,this makes the alleged Republicans even more evil than their Dim masters. Anyone that won't even defend themselves deserves everything bad that happens to them.

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2017-12-06   19:05:22 ET  Reply   Trace   Private Reply  


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