Tags

, , , , , , , , , ,

Excerpted from VOA News:
Trump Threatens to Go to Supreme Court on Impeachment
April 24, 2019 4:53 PM UPDATE April 24, 2019 5:33 PM by Steve Herman
WHITE HOUSE — 
U.S. President Donald Trump, in his latest bucking of constitutional norms, is threatening to proactively take his case to the Supreme Court if the House of Representatives considers impeaching him….

Since the redacted report’s release, Democrats, who control the House, have been debating whether to commence impeachment proceedings against the president. House Speaker Nancy Pelosi is urging caution, although some members of her party worry Democrats will pay a political price with liberal voters if they do not begin impeachment.

Roles of House, Senate, Supreme Court

Trump’s threat to approach the Supreme Court puzzles three constitutional scholars, contacted Wednesday by VOA, who do not see the high court intervening.

“Giving the Supreme Court a role in the impeachment process was considered but deliberately discarded by the framers [of the U.S. Constitution] in 1787,” Harvard Law School professor Laurence Tribe told VOA. “The only [Supreme Court] justice who has a role is the chief justice, who presides at the impeachment trial of the president.”

Robert Pushaw, a law professor at Pepperdine University, agrees.

“The Supreme Court has held — correctly, in my view — that impeachment is a political question committed by the Constitution to Congress, not a ‘justiciable’ legal issue for courts. Therefore, any such request by President Trump would almost certainly be rejected,” he said.

“The Constitution says that the House shall have the sole power of impeachment, and has authority to determine its own rules of proceeding. On its face, that appears to shut out the courts,” Heritage Foundation senior legal fellow Thomas Jipping, a former chief counsel on the Senate Judiciary Committee, told VOA….

The Supreme Court also ruled in 1993 that courts would have no role in the impeachment process.

After any such proceeding in the House, under the law, the Senate, which is controlled by Trump’s Republican Party, would be responsible for determining whether to convict the president.

Only twice in American history has the Senate voted on whether to convict a president. Both Andrew Johnson in 1868 and Bill Clinton in 1999 were acquitted on all charges.

‘Fighting all the subpoenas’

Trump, since launching his presidential campaign in 2015 as a political novice, has broken with convention, both in rhetoric and action — delighting his supporters and infuriating detractors….

Trump is clearly indicating his administration will defy requests from Democratic lawmakers for information and testimony….

Trump told reporters Wednesday on the White House South Lawn, before he boarded the Marine One helicopter. “We’re fighting all the subpoenas.”….

The House Judiciary Committee has issued a subpoena for former White House counsel Don McGahn, while the House Oversight Committee is moving to hold former White House personnel security director Carl Kline in contempt for failing to appear at a hearing.

Oversight Committee Chairman Elijah Cummings said in a statement Tuesday, “it appears that the President believes that the Constitution does not apply to his White House, that he may order officials at will to violate their legal obligation, and that he may obstruct attempts by Congress to conduct oversight.”

A second demand from House Democrats for Trump’s tax returns spanning a six-year period has been defied by the Treasury Department.

Treasury Secretary Steven Mnuchin sent a letter Tuesday to the House Ways and Means Committee saying he would give a final response on May 6, noting that the request raises “serious constitutional questions” and his department is continuing to consult with the Justice Department.” The article was edited/redacted to focus attention more on the important facts. The missing parts have been replaced by “….” The entire original article is found here: https://www.voanews.com/a/defying-congress-trump-vows-supreme-court-fight-over-any-impeachment/4890046.html

it appears that the President believes that the Constitution does not apply to his White House, that he may order officials at will to violate their legal obligations, and that he may obstruct attempts by Congress to conduct oversight.  It also appears that the White House believes that it may dictate to Congress—an independent and co-equal branch of government—the scope of its investigations and even the rules by which it conducts them.  To date, the White House has refused to produce a single piece of paper or a single witness in any of the Committee’s investigations this entire year.” (US House Oversight Chair Elijah Cummings, Apr. 23, 2019)

Malachi 4:5, KJV: “Behold, I will send you Elijah the prophet before the coming of the great and dreadful day of the Lord…