Should Dems Impeach?

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_Gunnar
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Re: Should Democrats Impeach?

Post by _Gunnar »

SPG wrote:All these things you have mentioned are disparate attempts to find something.

dis·pa·rate (dĭs′pər-ĭt, dĭ-spăr′ĭt)
adj.
1. Fundamentally distinct or different in kind; entirely dissimilar: "This mixture of apparently disparate materials—scandal and spiritualism, current events and eternal recurrences—is not promising on the face of it" (Garry Wills).
2. Containing or composed of dissimilar or opposing elements: a disparate group of people who represented a cross section of the city.

[Latin disparātus, past participle of disparāre, to separate : dis-, apart; see dis- + parāre, to prepare; see perə- in Indo-European roots.]

dis′pa·rate·ly adv.
dis′pa·rate·ness n.
American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

Is this what you meant to say? If not, the deficiency of your basic education is showing again. :wink:

If it is what you meant, there is indeed some justice in using that word to describe the various approaches to investigating Trump. There are, after all, a lot of disparate offenses of which he has been accused, and valid disparate approaches to investigating his misdeeds and corruption.
No precept or claim is more likely to be false than one that can only be supported by invoking the claim of Divine authority for it--no matter who or what claims such authority.

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_Some Schmo
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Re: Should Democrats Impeach?

Post by _Some Schmo »

Gunnar wrote:If it is what you meant, there is indeed some justice in using that word to describe the various approaches to investigating Trump. There are, after all, a lot of disparate offenses of which he has been accused, and valid disparate approaches to investigating his misdeeds and corruption.

LOL - This was where I was going to go when I read that. You beat me to it.

My guess is that's it's hard to spell when you head is up Trump's ass licking the inside of his sphincter. Makes you wonder what SPG stands for.

Some Putin Guy?
Spreading Propaganda Guy?
Silly Petulant Guy?
Sorry Pouting Guy?

Whatever the case, he's Seriously Pwned Guy.
God belief is for people who don't want to live life on the universe's terms.
_Kevin Graham
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Re: Should Democrats Impeach?

Post by _Kevin Graham »

honorentheos wrote:Pretty sure that didn't make it into Article 1, but let's check.

ARTICLE 1
Section 8.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court;To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Section 9.
The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

No bill of attainder or ex post facto Law shall be passed.

No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

No tax or duty shall be laid on articles exported from any state.

No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

Section 10.
No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.


Nope.

It's under Article 2 and it is not exactly spelled out what the Congress should consider high crimes and misdemeanors. But they do have an obligation to govern. I think impeachment proceedings interfer with that. This close to the election, it would be politically smart to make sure the public knows that this is about democracy and getting out to make sure their voices are heard because it matters.


Why did you start with Section 8?

Article 1 lists the powers of the Legislature and while it doesn't specifically state a "duty" to impeach (nor to govern for that matter) that is obviously implied, since impeachment is the only mechanism by which the bedrock principle of "checks and balances" can be accomplished.

And I disagree that it is merely political now. It is very much about law and Trump's illegal behavior. The Judicial branch doesn't indict as a matter of policy that the dept adopted many decades ago, not as a matter of Constitutional restraint. We know from the Mueller report that Trump has broken the law by obstructing justice. It makes this very clear when it said he was "mostly unsuccessful" at accomplishing it because his people disobeyed him. This means he was at least sometimes successful at accomplishing the goal, but obstruction doesn't require you to be successful anyway. Simply trying to obstruct justice is a crime and an abuse of power. For the same reason attempted murder is a crime, you don't get a pass because the bullet you fired at someone's head happened to miss. By not impeaching Congress is sending a very dangerous message.

For years they've been telling us how dangerous and destructive Trump is as a sitting President. He makes enemies of our allies, he destroys necessary governing norms, he appoints radical judges at a record pace, he's kidnapping children at the border and stalling constitutional intervention with dubious legal maneuvers. And after all this, now they're willing to just throw their hands up and say we'll let him sit there and do more damage for another 2 years.... because?

Oh yeah, because they think impeaching is going to ruin their own chances at re-election!

Yeah, very honorable. If they do this and Trump wins reelection why would anyone ever vote Democrat again? They're effectively useless. They were put in office to be a CHECK against this horrible President and now that they control the House they're acting scared like they have no leverage at all. Impeach this useless piece of crap and make a statement to America and the world as a whole that Trump's behavior is not acceptable. We know he has committed multiple impeachable offenses and we know he has committed crimes for which he will answer for once he is out of office. There is absolutely no good reason NOT to impeach. None.
_honorentheos
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Re: Should Democrats Impeach?

Post by _honorentheos »

Kevin Graham wrote:Why did you start with Section 8?

Because its where their responsibilities other than organizational/hierarchal stuff begin. You wanted me to quote how the original 13 states divided out their reps?

Anyway, you asked for, and I quote, "their basic Constitutional duty" among which impeachment isn't listed. Like you said, it's implied in the constitution, but it isn't this fundamental demand on them that means they are neglecting their duties if they don't go around impeaching presidents as first order business every session.

And I disagree that it is merely political now. It is very much about law and Trump's illegal behavior.

The Mueller report doesn't say this, and whatever you and I both may think about Trump's behavior, the US criminal justice system did not draw the clear conclusion Trump should be charged with a crime. It left the question of whether or not his behavior should be subject to Congressional action up to Congress, making it clear its a matter of politics rather than a legal question. And, again, I think politics says that's a road that makes little sense and working towards winning in 2020 will be a much more effective means of removing Trump from office.

You really, REALLY want to see the nation go pop? How many people really didn't give two "F"s about the Mueller report or thought Democrats were too focused on the Russian probe last year? Leading up to 2018, it was a common polling result and while you may not realize it, the number was sizeable to the point it could turn an election. People like SPG and Ajax already see everything going on as an illegal attempt to remove an elected president. They're nuts, but it wouldn't take much for the same people who didn't give a damn about the Russia investigation to see Democrats as circumventing democracy to try and get their way if the House moves on impeachment with the evidence that is available now.

Letting the election in 2020 remove him is the right call on many, many levels.

Plus, I think the investigations that are ongoing that spun off of this are more meaningful. And who knows, maybe the House will successfully get Trump's tax filings and the evidence for criminal conduct will cross the threshold where even Mitch McConnell can't turn a blind eye to it anymore. But that's not where we are right now.
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_canpakes
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Re: Should Democrats Impeach?

Post by _canpakes »

SPG wrote:The only damage done to the country is that half of it didn't accept the vote. Why have a vote if it isn't honored?

The voting majority who did not cast their votes for Trump just might be asking that very question. : )
_MeDotOrg
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Re: Should Democrats Impeach?

Post by _MeDotOrg »

canpakes wrote:
SPG wrote:The only damage done to the country is that half of it didn't accept the vote. Why have a vote if it isn't honored?

The voting majority who did not cast their votes for Trump just might be asking that very question. : )

We had an election in 2018, which moved control of the House back to the Democrats. The House has a legitimate oversight authority, as has been verified by the Supreme Court.

I always hate the line that the American voters 'litigated' the election. The law does not change. If you want to 'litigate', go to court. The election was the election. The law is the law. The authority given to Congress is not 'litigated' by a Presidential election.
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_Kevin Graham
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Re: Should Democrats Impeach?

Post by _Kevin Graham »

honorentheos wrote:Because its where their responsibilities other than organizational/hierarchal stuff begin. You wanted me to quote how the original 13 states divided out their reps?


Section 8 covers Congressional Powers in general but Article 1 Section 2 discusses the House of Representatives specifically, along with their "sole Power of Impeachment." I just didn't understand why you were trying to prove what Article 1 didn't say about impeachment without going over the section that actually talks about it.

Anyway, you asked for, and I quote, "their basic Constitutional duty" among which impeachment isn't listed.


Neither is governing or legislating described as a "duty." But you've described it as a duty and responsibility even though that isn't the wording anywhere in Article 1. That's just not the terminology used, but it is obviously implied.

Like you said, it's implied in the constitution, but it isn't this fundamental demand on them that means they are neglecting their duties if they don't go around impeaching presidents as first order business every session.


I mean following this logic the VP has no responsibility or duty to cast a tie-breaking Senate vote since Article 1 doesn't literally say that. And I didn't say they should go around impeaching presidents as a "first order of business every session." But when the President has committed obviously impeachable offenses, it is a dereliction of duty and an insult to the Founder's concept of "checks and balances" and that "no man is above the law" for them to forgo that process simply because political strategists say it may weigh against them in the elections.

The Mueller report doesn't say this, and whatever you and I both may think about Trump's behavior, the US criminal justice system did not draw the clear conclusion Trump should be charged with a crime.


Irrelevant to the fact that he did commit crimes and Mueller basically drew us a map saying XYZ is a crime, and then he describes what XYZ is. Then he goes on to note several of Trump's actions that fit XYZ's definitions perfectly. Mueller didn't draw that conclusion because he wanted it left up to Congress as he was obligated not to indict. Mueller could have recommended charges but he didn't for three reasons:

1. The OLC's 1973 decision that a sitting president cannot be indicted.
2. He believed that if their report suggested Trump could face federal charges without actually bringing them, it would not be fair because there would be no trial, and he wouldn't have an opportunity to clear himself.
3. He feared that a sealed indictment could be leaked and significantly impede his ability to govern.

So he would have basically said the same exact thing had Trump been caught on video blowing someone's head off. Moving that hypothetical case into the hands of Congress wouldn't make that any less a legal issue because murder is still a crime and as Mueller said, no man is above the law. Mueller also said if he believed Trump were innocent of any crimes he would have said so. He also lays out a clear intended path for Congress to do what he has already stated he cannot do, which is to take the investigation to the next level:

"The OLC opinion also recognizes that a President does not have immunity after he leaves office ... Given those considerations, the facts known to us, and the strong public interest in safeguarding the integrity of the criminal justice system, we conducted a thorough factual investigation in order to preserve the evidence when memories were fresh and documentary materials were available."

Clearly, contrary to Bob Barr, Mueller intended for Congress to use the evidence he accumulated to finish what he started and he did not intend to leave it up to the AG to determine if Trump was innocent or guilty.

It left the question of whether or not his behavior should be subject to Congressional action up to Congress, making it clear its a matter of politics rather than a legal question.


I guess we're using the word politics differently. Typically it is used in a negative way as to suggest it is all about partisanship and nothing else. But this is clearly based on a legal premise about laws that have been broken.

And, again, I think politics says that's a road that makes little sense and working towards winning in 2020 will be a much more effective means of removing Trump from office.


One that makes little sense and rests solely on bad assumptions about past impeachments of entirely different Presidents for entirely different reasons. Lying about a sex act is hardly on the same level as being a threat to National Security or intentionally trying to obstruct justice on a dozen occasions within the first two years. Trump has already amped up his contempt for the law by engaging in even more obstruction by trying to prevent White House aides from testifying against him. He does this because the longer he keeps getting away with it the more he intends to do it.

You really, REALLY want to see the nation go pop?


I really, REALLY reject your premise that the nation goes "pop" with an impeachment of the most corrupt President in US history. I really, REALLY would like to see some evidence that politicians in Congress take their office serious enough to put country first over their own political ambitions.

How many people really didn't give two ____ about the Mueller report or thought Democrats were too focused on the Russian probe last year? Leading up to 2018, it was a common polling result and while you may not realize it, the number was sizeable to the point it could turn an election. People like SPG and Ajax already see everything going on as an illegal attempt to remove an elected president. They're nuts, but it wouldn't take much for the same people who didn't give a ____ about the Russia investigation to see Democrats as circumventing democracy to try and get their way if the House moves on impeachment with the evidence that is available now.


Trump's approval numbers just dropped again after the Mueller report's redaction was released. He has the lowest approval numbers of any President in history half way through his first term with a good economy.

Letting the election in 2020 remove him is the right call on many, many levels.


And what happens if he gets reelected because more and more people see Dems as the party of DO NOTHING and more and more people start to give Trump a pass because despite his bad behavior, he's still "winning" against the Media and the Dems he has demonized? You're seriously willing to risk another Trump Presidency by leaving it up to the people? How'd that work out last time?

I guess you and I just differ on how big a threat this guy really is. I don't think we can wait another 18 months. With every passing day his presence poisons the office. Even though it could take at least 18 months, the process of impeachment would involve public hearings of Trump aides over the next 18 months and we all know that's going to be an absolute nightmare for him and his chances. I'd rather that be what the media focuses on leading up to the election as opposed to his BS red herrings.

Plus, I think the investigations that are ongoing that spun off of this are more meaningful.


They probably are, but they're impotent while he's still President. If he wins a second term, he'll likely never serve time because he'll be 80 if he isn't already dead. He'll then go down in the minds of his followers, not as the convict President who broke laws, but as the guy who swindled everyone on the Left and got his way up until the very end. They'll probably nominate Don Jr. in his honor.

And who knows, maybe the House will successfully get Trump's tax filings and the evidence for criminal conduct will cross the threshold where even Mitch McConnell can't turn a blind eye to it anymore. But that's not where we are right now.


Trump has lived his entire life damned with the legal system and using teams of lawyers to delay and/or suspend legal proceedings. Even if the House does get his tax returns it isn't likely to happen anytime soon.
_Some Schmo
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Re: Should Dems Impeach?

Post by _Some Schmo »

This thread is actually successful for having caused the kind of discussion I wanted to see.

While I still understand the points against, I'm coming down on the side of impeachment. At this point, it's about setting the correct example, doing the right thing, and making congress stand up and be counted. Not attempting impeachment is sinking to the despot's level. If we don't impeach, it lets every future President off the hook for thuggery. We'll be encouraging asshole candidates looking for criminal cover.

If we don't care about integrity or the rule of law, sure... let's wait for next November, and hope the election actually takes place.
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_Gunnar
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Re: Should Democrats Impeach?

Post by _Gunnar »

Perfume on my Mind wrote:
Gunnar wrote:If it is what you meant, there is indeed some justice in using that word to describe the various approaches to investigating Trump. There are, after all, a lot of disparate offenses of which he has been accused, and valid disparate approaches to investigating his misdeeds and corruption.

LOL - This was where I was going to go when I read that. You beat me to it.

My guess is that's it's hard to spell when you head is up Trump's ass licking the inside of his sphincter. Makes you wonder what SPG stands for.

Some Putin Guy?
Spreading Propaganda Guy?
Silly Petulant Guy?
Sorry Pouting Guy?

Whatever the case, he's Seriously Pwned Guy.

Perhaps this is a confirmation of the old adage that great minds think alike? :wink:
No precept or claim is more likely to be false than one that can only be supported by invoking the claim of Divine authority for it--no matter who or what claims such authority.

“If you make people think they're thinking, they'll love you; but if you really make them think, they'll hate you.”
― Harlan Ellison
_honorentheos
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Re: Should Democrats Impeach?

Post by _honorentheos »

Kevin Graham wrote:
honorentheos wrote:Because its where their responsibilities other than organizational/hierarchal stuff begin. You wanted me to quote how the original 13 states divided out their reps?


Section 8 covers Congressional Powers in general but Article 1 Section 2 discusses the House of Representatives specifically, along with their "sole Power of Impeachment." I just didn't understand why you were trying to prove what Article 1 didn't say about impeachment without going over the section that actually talks about it.

Hi Kevin,

You're right, I messed that up.

Overall, I think you made a few points that have caused me to reconsider. Most notably, that the Mueller report sets up Congress to formalize the investigation of whether or not Trump should be impeached which is their role. In many ways, I was jumping too quickly over the process of investigating and going right to the implications of the House voting for impeachment rather than thinking over the question of whether or not the process itself served a necessary purpose that the Mueller report supported. You gave me reason to reconsider my position.
The world is always full of the sound of waves..but who knows the heart of the sea, a hundred feet down? Who knows it's depth?
~ Eiji Yoshikawa
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