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Leghorn21

(13,524 posts)
Thu Dec 19, 2019, 04:23 PM Dec 2019

"...could mean that the president hasn't actually been impeached." - Bloomberg WH reporter

Scoop: Lawyers close to Trump are exploring whether
Pelosi’s decision to temporarily withhold articles of
impeachment from the Senate could mean that the
president hasn’t actually been impeached.

The case is largely rhetorical, but could provide WH and
Senate Republicans leverage





yeah okay
59 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
"...could mean that the president hasn't actually been impeached." - Bloomberg WH reporter (Original Post) Leghorn21 Dec 2019 OP
Cool. So if they keep investigating and add new articles, he hasn't been "impeached." Tiggeroshii Dec 2019 #1
This message was self-deleted by its author Tiggeroshii Dec 2019 #24
LOL W_HAMILTON Dec 2019 #2
According to the version of the Constitution in their heads. DavidDvorkin Dec 2019 #3
"lawyers close to Trump" eShirl Dec 2019 #4
"Lawyers close to Trump" don't have a good track record of staying close jberryhill Dec 2019 #13
Or of having a clue about the law. n/t Ms. Toad Dec 2019 #14
Oh, I dunno jberryhill Dec 2019 #17
That's true. Ms. Toad Dec 2019 #25
True jberryhill Dec 2019 #26
I see what you did there. 2naSalit Dec 2019 #54
Because they all received their degrees SoCalNative Dec 2019 #33
David Dennison, John Barron and John Miller all of law degrees NewJeffCT Dec 2019 #27
That could be referring to similar diagnoses in the DSM-5. NT mahatmakanejeeves Dec 2019 #32
The more Trump fights it, the worse it gets. For him. C_U_L8R Dec 2019 #5
"Please proceed" KentuckyWoman Dec 2019 #11
In other news, trumps legal team is also searching for Atlantis. NoMoreRepugs Dec 2019 #6
And Judge Crater SoCalNative Dec 2019 #34
From the same team that said impeachment was unconstitutional nt Fiendish Thingy Dec 2019 #7
Yeah, rethugs - you go with that Leith Dec 2019 #8
Jesus Christ! jayfish Dec 2019 #9
Two words: shanti Dec 2019 #16
Heck, no! They've got a whole Justice Department full of 'em. lastlib Dec 2019 #35
Uh Huh. gibraltar72 Dec 2019 #10
LOL jberryhill Dec 2019 #12
Rubber levers won't work. marble falls Dec 2019 #15
"He's not really impeached. As long as we say he's not." Tommy_Carcetti Dec 2019 #18
Getting trump off the hook seems to be Turbineguy Dec 2019 #19
Ordinary criminals have an advantage: Roody's not their lawyer. Buns_of_Fire Dec 2019 #58
lolo, whatever beachbumbob Dec 2019 #20
Umm NO. He has been impeached by majority vote in the House. Claritie Pixie Dec 2019 #21
Nancy SAID: his ass is IMPEACHED! lastlib Dec 2019 #36
They are masters at messaging BS that people lap up like pudding. It's crazy. nt Doremus Dec 2019 #22
Talk about "desperate." GoCubsGo Dec 2019 #23
However, Bill Clinton is still impeached. klook Dec 2019 #28
(the land they inhabit, I don't think they have nice critters like unicorns....) lastlib Dec 2019 #38
Well, Chump has referred to his impeachment as Totally Tunsie Dec 2019 #29
Dinitely impeached tirebiter Dec 2019 #30
A lawyer said this. Okay, it was Jacob Wohl's father, but still.... mahatmakanejeeves Dec 2019 #31
ITS NOT FAIR! ITS NOT FAIR! That's what I yelled at the tv louis-t Dec 2019 #37
They need a TRUCKload of binkies over there in the GOPherHole! lastlib Dec 2019 #39
Wow Lindsey graham demands that Donnie be formally impeached! unblock Dec 2019 #52
No. Corrupt Buzzards. Cha Dec 2019 #40
Lawyers close to Trump are by definition bad lawyers. onenote Dec 2019 #41
What does it meant that a case is "largely rhetorical"? onenote Dec 2019 #42
What about Noah Feldman that testified 4Dec for us in front of Judicary? AncientGeezer Dec 2019 #43
His argument is among the worst I've ever seen onenote Dec 2019 #45
Just saying..we apparently have a bad lawyer that testifed for us...right? AncientGeezer Dec 2019 #46
Your 'us' isn't the same as ours. nt UniteFightBack Dec 2019 #47
He was an expert witness on 4Dec for the Democratic side of Judiciary. AncientGeezer Dec 2019 #59
Noah Feldman who testified for us 4Dec seems to hold a similar position AncientGeezer Dec 2019 #44
Where exactly does the Constitution refer to managers. Or the House sending articles? onenote Dec 2019 #49
As I said to you above...I know what it says...re: Senate trials. AncientGeezer Dec 2019 #50
I didn't know that Trump U had a law school. n/t Yavin4 Dec 2019 #48
From the fevered melon of Rudolph Jailiani? Hassler Dec 2019 #51
WHAT??!!? 2naSalit Dec 2019 #53
Lol..."The case is largely rhetorical." Mersky Dec 2019 #55
History will not be kind to Shitler BlueIdaho Dec 2019 #56
He's definitely impeached. honest.abe Dec 2019 #57

Response to Tiggeroshii (Reply #1)

 

jberryhill

(62,444 posts)
17. Oh, I dunno
Thu Dec 19, 2019, 04:56 PM
Dec 2019

I find that criminals frequently have a pretty good idea what the law is.

I mean I'd hate to engage in what I thought was a corrupt conspiracy and find out it was legal.

Ms. Toad

(34,060 posts)
25. That's true.
Thu Dec 19, 2019, 05:36 PM
Dec 2019

But, based on public comments made by Giuliani and Barr . . . I'm skeptical that they actually know the law.

 

jberryhill

(62,444 posts)
26. True
Thu Dec 19, 2019, 05:38 PM
Dec 2019

Giuliani's defense to "You robbed a bank" does frequently seem to be "Of course, I robbed a bank!"

KentuckyWoman

(6,679 posts)
11. "Please proceed"
Thu Dec 19, 2019, 04:47 PM
Dec 2019

I wish the whole media and Twit world would do the Republicans like we do that 2 yr year old having a slap out fit in the store because Mom refuses to buy Fruit Loops. Completely ignore the fit and go on with life.

jayfish

(10,039 posts)
9. Jesus Christ!
Thu Dec 19, 2019, 04:42 PM
Dec 2019

Not only will these people try anything but they come up with methodologies I would never even dream of. Do they have a boiler-room somewhere filled with people who just invent nonsense?

lastlib

(23,208 posts)
35. Heck, no! They've got a whole Justice Department full of 'em.
Thu Dec 19, 2019, 06:00 PM
Dec 2019

And the schnozzles* get paid wi/ taxpayer $$ to boot!


(*truncated form of "douche-nozzles&quot

 

jberryhill

(62,444 posts)
12. LOL
Thu Dec 19, 2019, 04:48 PM
Dec 2019

That's funny.

Yeah, okay, tell Trump he's not really impeached. That's fine. Let him go around insisting that.

Tommy_Carcetti

(43,172 posts)
18. "He's not really impeached. As long as we say he's not."
Thu Dec 19, 2019, 04:58 PM
Dec 2019

Star Trek II: The Wrath of Khan.

Or something like that.

Buns_of_Fire

(17,174 posts)
58. Ordinary criminals have an advantage: Roody's not their lawyer.
Fri Dec 20, 2019, 02:51 AM
Dec 2019

And it's not true that Roody managed to get his last client the death penalty for a parking ticket, so stop saying that.

Claritie Pixie

(2,199 posts)
21. Umm NO. He has been impeached by majority vote in the House.
Thu Dec 19, 2019, 05:05 PM
Dec 2019

The Constitution gives the House the sole power to impeach, regardless of if he's convicted in the Senate.

There's nothing to "explore".

They may make stuff up as usual but impeachment has happened and it's permanent.

lastlib

(23,208 posts)
36. Nancy SAID: his ass is IMPEACHED!
Thu Dec 19, 2019, 06:04 PM
Dec 2019

Her word is final! If you don't accept it, don't blame me if you get **The Look**.........

klook

(12,154 posts)
28. However, Bill Clinton is still impeached.
Thu Dec 19, 2019, 05:40 PM
Dec 2019

And we’re gonna retroactively impeach Obama, and pre-emptively impeach Biden. And Hillary too, while we’re at it. Lock ‘em up!!1!

All is well in the land of unicorns and rainbow fairy dust!

lastlib

(23,208 posts)
38. (the land they inhabit, I don't think they have nice critters like unicorns....)
Thu Dec 19, 2019, 06:07 PM
Dec 2019

More like Nasty-wasties like Gorgons and Gryphons and all those Hell-beasts.....

Totally Tunsie

(10,885 posts)
29. Well, Chump has referred to his impeachment as
Thu Dec 19, 2019, 05:41 PM
Dec 2019

"Impeachment Lite". Just wait 'til he discovers how heavy it really is!

mahatmakanejeeves

(57,389 posts)
31. A lawyer said this. Okay, it was Jacob Wohl's father, but still....
Thu Dec 19, 2019, 05:43 PM
Dec 2019
The next step in dealing with this OBSTRUCTION and denial of DUE PROCESS is to go to the U.S. Supreme Court and move to have the entire impeachment VACATED.


louis-t

(23,288 posts)
37. ITS NOT FAIR! ITS NOT FAIR! That's what I yelled at the tv
Thu Dec 19, 2019, 06:05 PM
Dec 2019

every time Collins or Senseless Brenner or any other repug asshole stepped up to the podium to whine before the vote.

lastlib

(23,208 posts)
39. They need a TRUCKload of binkies over there in the GOPherHole!
Thu Dec 19, 2019, 06:11 PM
Dec 2019

I never saw "a more wretched hive of scum and villainy" and whiny cry-babies as their caucus!

(Is Mos Eisley home of GOP headquarters?)

onenote

(42,688 posts)
42. What does it meant that a case is "largely rhetorical"?
Thu Dec 19, 2019, 06:22 PM
Dec 2019

Or is that just another way of saying that the case is utterly without merit?

 

AncientGeezer

(2,146 posts)
43. What about Noah Feldman that testified 4Dec for us in front of Judicary?
Thu Dec 19, 2019, 10:42 PM
Dec 2019
https://www.bloomberg.com/opinion/articles/2019-12-19/trump-impeachment-delay-could-be-serious-problem-for-democrats

"If the House does not communicate its impeachment to the Senate, it hasn’t actually impeached the president. If the articles are not transmitted, Trump could legitimately say that he wasn’t truly impeached at all."

"That’s because “impeachment” under the Constitution means the House sending its approved articles of to the Senate, with House managers standing up in the Senate and saying the president is impeached."

onenote

(42,688 posts)
45. His argument is among the worst I've ever seen
Fri Dec 20, 2019, 12:08 AM
Dec 2019

No, impeachment is not a process that doesn't occur until it is completed by the Senate. Bill Clinton was acquitted, but he still was impeached. The Constitution gives the House sole power of "impeachment" not the sole power to recommend or propose that the Senate impeach. Indeed, the Constitution also says that the President "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”. If the sole power of impeachment belongs to the House, it is plain that impeachment and conviction are separate acts.

Particularly egregious:Feldman's statement that "'impeachment' under the Constitution means the House sending its approved articles of to the Senate, with House managers standing up in the Senate and saying the president is impeached." No such command exists in the Constitution. There is no reference anywhere in the Constitution to "managers" let alone "managers standing up" in the Senate. Yes.that is the way it has been done, but not because the Constitution commands that particular procedure.

The analogy to an indictment is not perfect, but in this instance, it is appropriate. A grand jury indicts someone. It doesn't become an indictment only when the trial starts.

 

AncientGeezer

(2,146 posts)
46. Just saying..we apparently have a bad lawyer that testifed for us...right?
Fri Dec 20, 2019, 12:25 AM
Dec 2019

To me that seems to be a judiciary cmt. faux pas.
"There is no reference anywhere in the Constitution to "managers" let alone "managers standing up" in the Senate. "
I know what the Constitution says.....like the Senate will make their rules Should there be a trial

 

AncientGeezer

(2,146 posts)
59. He was an expert witness on 4Dec for the Democratic side of Judiciary.
Fri Dec 20, 2019, 02:45 PM
Dec 2019

What does you post mean?
Say it out loud.

 

AncientGeezer

(2,146 posts)
44. Noah Feldman who testified for us 4Dec seems to hold a similar position
Thu Dec 19, 2019, 10:46 PM
Dec 2019

He testified to Judiciary.

"If the House does not communicate its impeachment to the Senate, it hasn’t actually impeached the president. If the articles are not transmitted, Trump could legitimately say that he wasn’t truly impeached at all."

"That’s because “impeachment” under the Constitution means the House sending its approved articles of to the Senate, with House managers standing up in the Senate and saying the president is impeached."
https://www.bloomberg.com/opinion/articles/2019-12-19/trump-impeachment-delay-could-be-serious-problem-for-democrats

onenote

(42,688 posts)
49. Where exactly does the Constitution refer to managers. Or the House sending articles?
Fri Dec 20, 2019, 12:42 AM
Dec 2019

Feldman must have a different copy of the Constitution than the one I have.

 

AncientGeezer

(2,146 posts)
50. As I said to you above...I know what it says...re: Senate trials.
Fri Dec 20, 2019, 12:49 AM
Dec 2019

Point is lawyers of all stripes can hold odd opinions..even the ones we call as expert witnesses.

BlueIdaho

(13,582 posts)
56. History will not be kind to Shitler
Fri Dec 20, 2019, 02:01 AM
Dec 2019

Or to his enablers. They are in quicksand so maybe they should stop struggling so hard.

honest.abe

(8,668 posts)
57. He's definitely impeached.
Fri Dec 20, 2019, 02:31 AM
Dec 2019

The Senate trial, and removal from office if convicted, is separate from the act of impeachment itself.

Therefore a delay in presenting the articles of impeachment to the Senate has no impact on the act of impeachment.

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