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U.S. Constitution
See other U.S. Constitution Articles

Title: Napolitano Wrong Again: Schiff Inquiry a Kangaroo Court
Source: [None]
URL Source: https://www.americanthinker.com/art ... _inquiry_a_kangaroo_court.html
Published: Oct 21, 2019
Author: Daniel John Sobieski
Post Date: 2019-10-21 03:39:18 by WWG1WWA
Keywords: Napolitano, Schiff, Kangeroo Court
Views: 107
Comments: 7

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.

But, as Napolitano himself notes, the House has rules, and one of those rules says that in the absence of a clear legal guideline, House precedent should be honored. The House may not have trials, but it is capable of witch hunts and inquisitions. President Trump is entitled under House precedent to the same process, including due process, that Richard Nixon and Bill Clinton got. Until the impeachment inquiry against President Trump, the House honored the tradition of relying on precedent as a guarantor of fairness:

Little has changed in the House in terms of the process for impeachment. A guide to the process is House Practice: A Guide to the Rules, Precedents and Procedures of the House. As this guide explains, "Under the modern practice, an impeachment is normally instituted by the House by the adoption of a resolution calling for a committee investigation of charges against the officer in question." (p. 614)

Although the Senate is more known for precedent, the House also relies on precedent to conduct business. There are different sources for precedent. One of those sources is Deschler's Precedents, authored by the first House parliamentarian, Lewis Deschler. In Chapter 14, Section 6, Deschler's Precedents discusses the impeachment process in great detail, including the precedent for an authorizing resolution for an impeachment proceeding.

The Constitution gives the power of impeachment to the House of Representatives as a body and not just to the House Intelligence Committee of Adam Schiff, who has colluded with an alleged Ukraine whistleblower. Also in violation of House precedent is the fact that the House Judiciary Committee, which should have jurisdiction, has been written out of the process. Schiff's record of manipulation and deceit in this impeachment discussion and its purely political motivation has been well documented.

And at least in the cases of Nixon and Clinton, we had real crimes as a predicate: the Watergate break-in and cover-up and Clinton's lying under oath in a legal proceedings. This inquiry is based on no actual crime despite Napolitano's false claim in the Daily Herald:

The president refused to deliver congressionally authorized and ordered military and financial aid to an ally threatened with Russian invasion until the ally's government performed a presidentially requested favor for his reelection campaign — a favor that is unlawful to ask for. Is it an impeachable offense?

Under the Constitution, it is if the House says it is.

Except the president did no such thing. Both President Trump and Ukrainian president Zelensky say there was no pressure and no quid pro quo. We have only the hearsay and public source "evidence" from a whistleblower who was not in the room or on the call, coupled with the Schiff lie told on national television — the made-up version of the call that Napolitano apparently has swallowed whole.

The Founding Fathers intended impeachment for real high crimes and misdemeanors — not for policy differences or whatever the House says it is. And we have here the rankest of hypocrisy, with the House demanding public release of an unredacted Mueller report and even grand jury testimony in the Russia "collusion delusion" probe while claiming the right to secrecy regarding Ukraine testimony. Schiff says he doesn't want witnesses to be able to compare notes or make things up. As he has?

Articles of impeachment must be voted on by the full House. The Senate cannot conduct an impeachment trial based on the secret proceedings of Schiff's House Intelligence Committee. Even Schiff's inquiry was not authorized by the House. It was decreed by one person — House Speaker Nancy Pelosi. In fact, impeachment has twice been considered by the House and rejected or tabled by the House. As noted by FreedomWorks:

On July 17, Rep. Al Green (D-Texas) introduced articles of impeachment, H.Res. 498. A motion could have been made to refer H.Res 498 to the Judiciary Committee rather than it be tabled by the House. Such a motion, however, was not made. Instead, the resolution, on the same day, was tabled by a vote of 332 to 95.

Rep. Rashida Tlaib (D-Mich.) has introduced a resolution, H.Res. 257, to authorize an impeachment inquiry. H.Res. 257 is not privileged and has been referred to the House Rules Committee.

So concerned are the Democrats about our democracy, our Constitution, and alleged presidential "abuse of power" that they are unwilling to vote on anything that requires accountability to the voters. The Democrats are saying to the voters who elected Trump that their votes are illegitimate. They are to be disenfranchised and the president they elected removed.

Twice in modern times, the House has voted to authorize impeachment inquiries, as noted, once for President Nixon and once for President Clinton. Both votes ensured that the president had full due process with the right to subpoena and call witnesses and the right to cross-examine:

In February 1974, the House passed H.Res. 803, which authorized the committee to investigate whether there were grounds to impeach President Richard Nixon. H.Res. 803 established the parameters for the impeachment inquiry, such as subpoenas of information and the examination of witnesses. ...

In October 1998, the House passed H.Res. 581 to authorize an impeachment inquiry against President Bill Clinton. Like the resolution passed in 1974, H.Res. 581 established the process by which the committee would carry out the inquiry and authorized the committee to produce articles of impeachment.

This has been the precedent established by the House, precedent being ignored as President Trump is, in effect, being impeached by just two people — Speaker Pelosi and Rep. Schiff.

If nothing else, the Schiff inquiry is a violation of the 6th Amendment guarantee to all Americans, including President Trump, of the right to confront one's accuser.

Get real, Judge. This impeachment process began even before President Trump took the oath of office.

Napolitano, like Schiff and Pelosi, embraces the Mad Hatter standard of justice: sentence first, trial later.

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#1. To: WWG1WWA (#0)

Fire him and send him off into retirement.

Vicomte13  posted on  2019-10-21   8:24:23 ET  Reply   Trace   Private Reply  


#2. To: Vicomte13 (#1)

He's way past his sell-by date.

Tooconservative  posted on  2019-10-21   9:41:54 ET  Reply   Trace   Private Reply  


#3. To: Tooconservative (#2)

I'm tired of people piling on Trump.

The Syria pullout was EXACTLY what I voted Trump to do.

Look at what a brilliant thing it is.

FIRST: It establishes great relations with Russia. The Russians CAN'T lose their only Mediterranean base. Can't. So Syria was always going to end up Russian. But after all of the wrangling, Syria was a bargaining chip. "Look, you need Syria - we get that. Here's what WE need:

(A) No more attacks on Israel - and that's even though Israel keeps the Golan Heights forever and annexes them. To keep the part of Syria that Russia needs, that's a cheap deal. Russia likes good relations with Israel, and Russia is a lot more predictable, stable and cautious than ANY Middle Eastern regime.

(B) No more ISIS. ISIS threatens Assad, and the Kurds, and US, in Iraq. The Russians have no more incentive to let ISIS live than we do. Now that ISIS is crushed out, I'll guarantee Russia ain't going to let them stand back up in Syria.

(C) Control of Hezbollah. Hezbollah is financed by Iran, but Iran desperately needs Russia to provide the phantom of safety against US. Hezbollah operates in Syria, but you can bet your sweet bippy that the days of Iranian-proxy rockets landing on Iran from Syrian Hezbollah are over. The Russians will never let that happen. THAT is part of the deal. A Russian protectorate in Syria is a far greater restraint on Iranian ambitions than anything we could do from afar.

(D) Relative safety for the Kurds. The Turks were chomping at the bit to get at those Kurds. And we had to alienate our ally, Turkey, protecting them. We turned over our bases to the Russians. Now the Turks would have to literally fight the Russians if they invaded. So, those Kurds are now safer than they have been. Their ambitions of making some sort of Kurdish superstate are curbed, Turkish Muslim imperialism is curbed, and Assad can't butcher the Kurds either. The price of Russian Syria was that RUSSIA now has to juggle all of these sorry messes...and everybody (Turks, Kurds, Syrians, Iranians, Hezbollah) is more afraid of the Russians than they are of us.

(E) Those ISIS warriors don't "go free". That won't happen. EITHER the Kurds will kill them outright. OR the Russians will imprison them forever. OR the Russians will hand them over to the Assad regime, and Assad will kill them outright. WE could never slaughter prisoners. Russians will. Kurds will. Assad will. And that is precisely what ISIS deserves. Under our watch, those ISIS prisoners would have EVENTUALLY been let go. Handing it over to the Russians guarantees that they will all be put to death, and nobody will ever know a thing about it.

(F) Syria establishes the model for controlling Iran. Tensions with the US and UK are bad. Russia is the "protector"...and Iran becomes, essentially, a protectorate, of Russia. Putin ain't going to let the Iranians engage in terror against Israel, or against the West, because, of course, that's the deal: Russia gets Syria and Iran, and Russia CONTROLS Syria and Iran - something WE are never going to be able to do without a war. The Iranians and Syrians, SO enraged and fearful of the USA, accept Russian domination and, ilico presto, OUR problems are solved. Why, we can even open the places back up to trade.

(G) The Russians say nothing when, quid pro quo, we topple the shambolic government of Venezuela. And the Russians don't encourage or arm or fund any more Cuban adventures. Of course, we don't INVADE Cuba, but there's no need to do that anyway. Cuba's spent.

(H) The Ukrainian misadventure ends with both sides ceasing fighting. The place reverts to being the Russian quasi-puppet it always was, the crazy dream of Ukraine in NATO or the EU is abandoned. The situation improves for Ukrainians, and Putin and Trump agree on one more thing. Tensions? WHAT tensions?

(I) Trump does with Russia what Nixon did with China - brings it in as the counterpoise. Russia, of course, is China's oil supply and raw material supplier. With Iran a Russian protectorate, the US and Russia, and all of the nations China has antagonized, have China in a box. They opt for reasonable trade agreements (not perfect).

And suddenly the world looks a whole lot tamer. And the US can start to gradually reduce its military forces, leading to a balanced budget, then a surplus and either a gradual reduction of the national debt, or the improvement of national health care.

That's the way you make the US fiscally and financially stable: you make peace with Russia. Trump has aimed at that all along, Putin wants it. The right wing nutjobs go ballistic, and the left wing screams Trump's a Russian puppet.

Nope. Making peace and friendship with Russia is THE best thing for the long term stability and prosperity of the USA. And peace and friendship with the USA are good for Russia too.

I voted for this, and I see it happening. Trump is doing what I elected him to do. I am VERY pleased.

Of course that means that private negotiations with Putin, and with Ukraine, etc., are all on the plate. That's how you settle things out. That gives ammo to the forever-cold-warriors who define Russia as the enemy, and lets them scream treason over and over again. But no, it's not treason. Permanent enmity with Russia is not in the Constitution. Enmity with the USSR was good policy. Friendship with Russia is now good policy, for America. Trump is the only President who has seen that, like I did.

And he's DOING it. Syria is a perfect example, the "first domino". Trump and Putin DO work well together, and that is PRECISELY what America needs.

Now let all of the idiot righties who don't understand the real world get their panties in a wad and start screaming in defense of policies that will bankrupt us all.

Vicomte13  posted on  2019-10-21   16:34:27 ET  Reply   Trace   Private Reply  


#4. To: Vicomte13 (#3)

If only there was a coherent plan to accomplish all those things.

The Pentagon and the intel agencies and Congress all seem to want to go in conflicting directions to the WH agenda. Of course, only Trump has the authority to conduct foreign policy but they wish to inject themselves into his official duties by various means.

Tooconservative  posted on  2019-10-21   16:39:34 ET  Reply   Trace   Private Reply  


#5. To: Tooconservative (#4)

They wish it, and they whine, but he has the power, and he uses it.

Vicomte13  posted on  2019-10-22   6:31:19 ET  Reply   Trace   Private Reply  


#6. To: Vicomte13 (#5) (Edited)

They wish it, and they whine, but he has the power, and he uses it.

The real truth is that Trump isn't all that aggressive. I'm sure he sees it that way.

Much as Trump was surprised how little substance and staying power the field of 16 GOP candidates (the GOP Dream Team of 2016), I think he has likely been surprised at how weak, ineffective, and corrupt both parties actually are. And how dangerous the entrenched bureaucracy has become, effectively the most powerful institution in the country, more powerful than the three elected branches of government. He would have to be a dolt to think otherwise, given what they've tried to do to him. And for all his bluster, Trump doesn't actually seem to think all that highly of himself. Once you get past the trash talk, Trump is far less fixated on ideas of self-righteous rectitude or venial corruption than any of the pols or bureaucrats he is forced to deal with.

The greater danger to Trump is being hamstrung by those who want to remove him to maintain the sacred illusions of American democracy, to keep the childlike voters in ignorance. The pols hate Trump because he is ruining the illusions that keep them in power.

Tooconservative  posted on  2019-10-22   10:03:55 ET  Reply   Trace   Private Reply  


#7. To: Tooconservative (#6)

The greatest danger is that Trump will be foiled in his efforts at reform, so that the status quo become entrenched in such a way that it can never be reformed. Then the country slowly comes apart and dies because of that fixed and uncorrectable error.

Vicomte13  posted on  2019-10-22   15:22:48 ET  Reply   Trace   Private Reply  


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