Feb. 7, 2020 Original Publish Date
Apr. 1, 2020 Full Congressional Record, Impeachment Trial Transcripts (page bottom).
written by Net Advisor™
WASHINGTON, D.C. On February, 5, 2020, the U.S. Senates Acquitted the 45th U.S. President, Donald J. Trump on both impeachment charges brought by House Democrats. Some have asked, was a fair trial held by the Senate? There have been some interesting findings, and we have discussed them here.
House Legal Issues:
[1] Invalid Subpoenas.
According to Politifact, Democrats in the House issued 24 subpoenas for testimony as part of the impeachment inquiry, with 47 subpoenas in total to President Trump/ and or to his attorneys. President Trump’s lawyers refused to cooperate with the House subpoenas because the defense claimed the subpoenas in question were unlawful at the time of service.
“We advised that the committees lacked such authority because, at the time the subpoenas were issued, the House had not adopted any resolution authorizing the committees to conduct an impeachment inquiry.”
— Steven A. Engel, Assistant Attorney General in re: OLC Opinion Re House Committees Authority to Investigate for Impeachment, 01/19/2020 (39 pps PDF).
Additional examples subpoena legal issues:
- 10/25/2019 Letter from White House Counsel Pat Cipollone;
- 11/07/2019 OLC Letter Opinion to POTUS Re Absolute Immunity of the Acting Chief of Staff.
As pointed out by the Assistant Attorney General and further discussed in public media statements by former Deputy Independent Council/ former U.S. Attorney, Solomon L. Wisenberg, the House legally erred by submitting subpoenas via a House Committee without the prior authorization (vote) by the full House as required by law.
Wisenberg stated there is legal precedent in the U.S. Supreme Court whereby a congressional committee can’t just issues subpoenas without the authorization from the full House.
Once Democrats in the House realized their legal error, they went back to the full House and officially passed resolution to begin an impeachment inquiry.
The House made a second legal error by failing to go back to Trump’s attorneys’ et al, and said those prior subpoenas we issued are now legal.
Nor did the House re-issue those same subpoenas (reprint them with a new date) after a majority in the full House authorized the impeachment inquiry. This would help make a better argument that the subsequent subpoenas in question were now lawfully issued.
In any Court of Law, if one fails to issue valid subpoena(s), such related documents or testimony demanded by invalid subpoenas may not be used in court.
The House could have corrected their repeated errors, but they did not. This is why we argue that the House Impeachment Managers and other Democrats lied to the public and used ‘it sounds reasonable,’ but legally incorrect statements.
The Dems demanded (in from of the TV cameras), that in order to have a “fair trial” the Senate should call witnesses, and produce documents (because of the House failed to follow very basic legal procedures).
Even if the House corrected their errors, and resubmitted the subpoenas, the Trump Admin et al, could still assert Executive Privilege (history) as an affirmative defense for non-compliance.
At this point, it could be up to the authorized House Committee(s) on Impeachment to go to court and argue why documents and or testimony from any other alleged witnesses should be heard. This is not the Senate’s job, but rather the House was in-charge of the impeachment inquiry. The Senate simply tries the case that is presented to them.
[2] Remember it’s ‘Separate, but Co-Equal Branches of Government.’
If the House or Senate had the unlimited power to force subpoenas (including but not limited to demand for documents, compel Executive Branch testimony, including but not limited to any classified, national security or other information where such are not afforded, but to a limited number of duly authorized members of respective bipartisan Congressional Committees or as permitted by law; then that would give Congress more power over the Executive Branch. Thus such power would weaken the Office of the Presidency for current and all future presidents of any political party.
The Constitution was set up to have three co-equal Branches of Government, not one or two branches controlling another.
The U.S. gov is not like England, were the English House can simply call for a ‘vote of no confidence,’ and get rid of the Member of Parliament (MP), in a Parliamentary Government. For those who have not followed our history lessons on U.S. government, the United States is a Constitutional Republic – not a Parliament, and not a Democracy.
The Legislative Branch (Congress), or the Executive Branch (President et al) do not have the authority to force at will demands onto the other. Anyone who publishes or states otherwise, has either not read the Constitution, nor understands the purpose of why this is the case. They are probably political hacks not interested in law, truth or justice – let alone the U.S. Constitution.
The United States government would have failed well over 200 years ago if one Branch could over-power another Branch. We’d end up like an English monarchy or Kingdom. If there are unmitigated disputes, henceforth the Judicial Branch to be the ultimate referee. The Judicial Branch MUST follow and interpret its decisions from the U.S. Constitution – the Supreme Law of the Land (Article VI, Clause 2).
[3] Schiff et al Withdraws Court Subpoena for Bolton Aid Testimony.
In 2019, Chairman Adam Schiff (D-CA) went to Court demanding to compel testimony from the aide of Trump’s former National Security Advisor, John Bolton. Just before the judge was about to rule on the case one way or another, on November 6, 2019, Schiff had the Bolton aid subpoena WITHDRAWN (vacated), effectively invalidating Schiff’s own subpoena.
Schiff then asked for voluntary compliance to testify before the House Committee after suing for forced testimony, then withdrawing the lawsuit to compel testimony, then asking: we’ll, will you testify anyway? Only Schiff or those close to him knows the answer why he had the subpoena vacated.
[4] Dems: We Can’t Wait for the Courts – Really?
Didn’t we hear on TV 24-7 that Dems wanted testimony of (new) witnesses? You probably didn’t hear about Schiff canceling (vacating) a supposed important witness. Nor did we hear on TV 24-7 that Schiff et al., didn’t bother to go to court and seek a motion to compel.
“Democrats have said they don’t have the time or interest to play “rope-a-dope” with the administration, as Schiff has phrased it.”
— Source: Roll Call, Dec. 9, 2019.
Other Democrats said we don’t have time for the courts, we just have to impeach Trump (before the Nov. 2020 Election).
“We’re not going to wait until the courts decide,” Speaker Pelosi said to reporters at her weekly briefing.
— House Speaker Nancy Pelosi (D-CA), Fortune (PDF), Nov. 21, 2019.
So the Dems were not interested in the Courts. Just do it our way: We are judge, jury, and executioner? That sounds more like totalitarianism.
“Within totalitarian regimes, the leadership controls nearly all aspects of the state from economical to political to social and cultural.
Totalitarian regimes control science, education, art and private lives of residents to the degree of dictation proper morality (or lack thereof). The reach of the government is limitless.”
Is there any party or individuals in government who are seeking more control over healthcare (Medicare For All), education (“Free College“), and unlimited reach into people’s lives (Green New Deal)?
You get the idea? Next, Schiff blocked (refused) whistleblower testimony and IG transcript.
[5] Schiff BLOCKS Witness Transcript. Blocks Whistleblower.
The public was repeated lied to by Dems and certain media claiming there were no witnesses called.
Democrats called 17 (seventeen) “witnesses” with over 100 hours of testimony before House Committees on the impeachment of President Trump.
Chairman Schiff BLOCKED (refused) to release the transcript of the 18th witness of the Intelligence Committee Inspector General (ICIG); nor would Schiff or other Democrats permit the so called “whistleblower” to testify.
Democrats released the transcripts of their own (again – 17) hand-picked witnesses. Then why would they refuse to release the transcript of the 18th witness – the one who performed an investigation over the whistleblower? And why block the whistleblower from testifying even in secret?
One could reasonably argue if the whistleblower testimony or ICIG report had any compelling evidence that supported Democrats impeachment case, of course that would have been released to the public.
Did the ICIG have findings that showed inherent and politically-motivated conflicts of the whistleblower? Could such findings legally invalidate Democrats impeachment case?
Several media outlets reported political conflicts with the whistleblower.
- “Whistleblower had ‘professional’ tie to 2020 Democratic candidate” (Washington Examiner).
- Whistleblower had “prior working relationship” with current 2020 Democrat (CBS News).
After all the political rhetoric, the House finally votes on impeachment.
[6] House Votes on Impeachment.
Democrats insisted that they had to rush through impeachment because Trump was a “national security threat” and needed to be removed immediately.
On the “Abuse of Power” Claim, House vote was:
- Democrats “Yea”: 230
- Republicans “Nea:” 194; Democrats “Nea:” 2; Democrats “Present:” (effective no vote): 1
On the “Obstruction of Congress” Claim, House vote was:
- Democrats “Yea”: 229
- Republicans “Nea:” 194; Democrats “Nea:” 3; Democrats “Present:” (effective no vote): 1
Once the entire House voted on impeaching Trump (on party lines) and for the fourth time, Democrats went home – for vacation – again.
When Democrats got back from vacation, they said there is ‘no rush‘ to turn over the impeachment articles to the Senate. Technically speaking, a president is not impeached until the Articles of Impeachment is turned over to the Senate. Yet, Dems continued to say Trump was a “National Security Risk.”
[7] Senate Votes on Impeachment.
After In order to remove a president from office, the Senate needs two-thirds (67) votes in the Senate in favor of impeachment.
On the “Abuse of Power” Claim, Senate vote was:
- Democrats “Yea”: 48; Republicans “Yea”: 1 [Mitt Romney (R-UT)]
- Republicans “Nea:” 52
- Result: FAIL (19 votes shy for impeachment & removal).
On the “Obstruction of Congress” Claim, Senate vote was:
- Democrats “Yea”: 47
- Republicans “Nea:” 53
- Result: FAIL (20 votes shy for impeachment & removal).
There were three Democrats who claimed they were on the fence and considered voting to acquit Trump. In the end, every Democrat voted with the party.
[8] History Facts.
The number of U.S. presidents impeached and removed in U.S. history: ZERO.
- Andrew Johnson (R) (Impeached Feb. 1868, Acquitted May 1868).
- Bill Clinton (D) (Impeached Dec. 1998, Acquitted Feb. 1999).
- Donald Trump (R) (Impeached Dec. 2019, Acquitted Feb. 2020).
If history is an indication, the next president who should be impeached is a Democrat. Of course it doesn’t matter what one may do in the future or does in office; it matters only what political party they are of right?
Almost Impeached.
- Richard Nixon (R) (Initiated Oct. 1973, Resigned Aug. 1974).
The odds of impeaching and removing Trump was failed from the start. We discussed this last September 25, 2019 in this report.
[9] So, Was This a “Fair” Trial?
Democrats made false accusation that Trump was someone linked to Russia, ‘a puppet of Russia,’ was accused of bribery, treason, etc. None of those allegations were actually in the Articles of Impeachment. These allegations were made up (public lies) with no facts to support the claims.
Imagine being in court because someone damaged your property. Without evidence, the other party just accused you as an ‘axe murderer,’ a ‘child molester’ and a ‘communist spy.’ The judge will have some words for you on that, and they will not very positive.
A prosecutor can’t make allegations during trial that are were not actually charged.
Some Democrats like Senator Chuck Schumer (D-NY), insisted that the Senate Trial, which they have no legal or political control, was an unfair trial. The Senate voted 51-49 (PDF) against calling witnesses or further documents. Schumer, nor any single Democrat ever questioned that the actions by the House were fair or unfair.
This really was political grandstanding. Schumer knows that it is not the Senate’s job to do what the House refused to do – investigate, call witnesses, documents, go to court to obtain them if legally permitted, and prepare the case before the Senate.
The House rushed their case, making legal errors both inadvertently and deliberately as discussed in this report. The House blocked Trump and his lawyers from not only cross examining any of the Witness in the House, but the House BLOCKED ALL defense witnesses during the House impeachment hearings. Democrats also BLOCKED Trump’s lawyers from even appearing during the House impeachment hearings (cited in this report).
Pretend you are accused of a crime. Your attorneys are not allowed to cross examine any witnesses against you. In fact, you can’t even know or cross examine the leading witness (whistleblower) that led to the charges.
Further, your attorneys are not even allowed to appear in court. This is exactly what House Democrats did. They violated the most basic Due Process Rights including the 14th Amendment (General Due Process, Equal Protection Rights; the right to certain Privileges and or Immunities afforded to U.S. Citizens) as stated in the U.S. Constitution.
Other Due Process Rights that can apply here are stated within the 4th Amendment (unreasonable searches and seizes), 5th Amendment (including testifying against self in court), 6th Amendment (right to have council and present for defense; Defense right to a speedy trial, the right to confront ALL witnesses against you (in court); the right to obtain witnesses in Defendant’s favor). If this impeachment case was tried in a real court, it would have been thrown out for massively and repeatedly violating the Trump’s Due Process Rights.
Senator Lindsey Graham (R-SC) had some words for Adam Schiff’s comments about ‘trial fairness’ and ‘due process:’
The U.S. Constitution is not to be exempted from any trial. We, or Congress can’t just throw out and ignore the Constitution because there is an impeachment trial.
Everything that took place from the beginning that led to the case, to the end of the trial – the Constitution still applies. Democrats had no interest in following any laws. Graham also chastised House Impeachment Managers for deliberately ignoring the Courts.
Stunning admission by the House Managers.
The House Managers on the floor admitted that going to federal court would get in the way of impeaching the President before the election. And in that case — the Court be damned!
— Lindsey Graham (@LindseyGrahamSC) January 22, 2020
As we cited in this original report, Dems thought they were above the law, could make up laws and powers as they saw fit.
[10] Post Acquittal – The Aftermath.
Some Democrats now claim that Trump’s acquittal ‘isn’t real,’ doesn’t count, or whatever, is just rhetoric. The result was a vote by duly the elected House and Senate. One Branch doesn’t control the other, nor can they demand what the Branch can and can’t do.
Democrats abused their political powers.
If it were not for a Republican-Controlled Senate voting against impeachment, Democrats or any party with 67 Senate votes could have removed a President with no legal cause; ignoring all legal and Constitutional Due Process rights.
That should be the scary message: If government can try to bypass all laws, make up laws on their own unchecked by anybody, and ignore the U.S. Constitution to prosecute an elected U.S. President, what do you think they could do to the average American citizen?
Official Congressional Records: U.S. Senate Transcripts – Trump Impeachment Trial.
2020-01-16 Day 1- Congressional Record Transcript (Senate)(29pps).
2020-01-21 Day 2 – Congressional Record Transcript (Senate)(155pps).
2020-01-22 Day 3 – Congressional Record Transcript (Senate)(43pps).
2020-01-23 Day 4 – Congressional Record Transcript (Senate)(43pps).
2020-01-24 Day 5 – Congressional Record Transcript (Senate)(35pps).
2020-01-25 Day 6 – Congressional Record Transcript (Senate)(12pps).
2020-01-27 Day 7 – Congressional Record Transcript (Senate)(39pps).
2020-01-28 Day 8 – Congressional Record Transcript (Senate)(26pps).
2020-01-29 Day 9 – Congressional Record Transcript (Senate)(47pps).
2020-01-30 Day 10 – Congressional Record Transcript (Senate)(59pps).
2020-01-31 Day 11 – Congressional Record Transcript (Senate)(20pps).
2020-02-03 Day 12 – Congressional Record Transcript (Senate)(40pps).
2020-02-04 Floor Speeches – Congressional Record Transcript (Senate)(58pps).
2020-02-05 Floor Speeches – Congressional Record Transcript (Senate)(75pps).
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