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

Title: House Judiciary Committee Majority Report on Constitutional Grounds for Presidential Impeachment (Dec 2019)
Source: House Judiciary Committee
URL Source: https://www.scribd.com/document/438 ... sidential-Impeachment-Dec-2019
Published: Dec 7, 2019
Author: Judiciary Committee Staff
Post Date: 2019-12-07 21:08:07 by nolu chan
Keywords: None
Views: 3986
Comments: 20

House Judiciary Committee Majority Report on Constitutional Grounds for Presidential Impeachment (Dec 2019)

The Foreward by Mr. Nadler contains the following disclaimer:

The views and conclusions contained in the report are staff views and do not necessarily reflect those of the Committee on the Judiciary or any of its members.

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Begin Trace Mode for Comment # 9.

#8. To: All (#0)

During the campaign, Trump famously stated, "I could stand in the middle of Fifth Avenue and shoot someone, and not lose any voters." The issue arose again whie Trump was President, in the context of his tax records before the 2nd Circuit Court when Judge Chin asked, "What's your view on the Fifth Avenue example?"

At page 36, the majority gives footnote 198 as follows:

198 In the alternative, one might say that “high Crimes and Misdemeanors” occur when the president violates state criminal law. But that turns federalism upside down: invoking state criminal codes to supply the content of the federal Impeachment Clause would grant states a bizarre and incongruous primacy in the constitutional system. Especially given that impeachment is crucial to checks and balances within the federal government, it would be nonsensical for states to effectively control when this power may be wielded by Congress.

I guess Trump's somewhat jesting remark was correct. We know that a sitting president can't be indicted. If one believes this footnote, neither can he be impeached for violating a state criminal law. It would appear that if Trump ran into Shifty Schiff in Virginia or Maryland, or maybe Sloppy Jerry on Fifth Avenue in NYC, and shot him in the head, causing anal failure and death, he could neither be indicted nor impeached. Who knew?

nolu chan  posted on  2019-12-08   13:50:31 ET  Reply   Untrace   Trace   Private Reply  


#9. To: nolu chan (#8)

If one believes this footnote, neither can he be impeached for violating a state criminal law.

Oh, well that must be why impeachment is a political process - not a criminal prosecution.

Criminal prosecution can come later, though.

Do you think Firtash will get Epstiened before he gets extradited?

Judas Goat  posted on  2019-12-08   13:54:05 ET  Reply   Untrace   Trace   Private Reply  


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