Of Impeachment and Accountability

 

Never Trump Republicans and their Democratic co-conspirators have another trick up their sleeves. Knowing that they probably do not have the votes to convict and remove the President in the Senate, they are desperately searching for a way to pull it off and they think they’ve found it: A secret vote and/or a generous reading of the two-thirds rule.

Pushed by people like lobbyist Juleanna Glover (formerly of the Bush 43 Administration and Bill Kristol acolyte), Laurence Tribe and former Sen. Jeff Flake, the operating theory is that if Senators were freed from accountability to their voters there would be 30 to 35 Republicans in the Senate ready to vote “yes” on conviction.

The other pipe dream is that the Constitution only demands a two-thirds majority of the Senators present. For every Senator that refuses to attend it brings that two-thirds number lower. But staying away is the same as a yes vote.

Jim Geraghty points out at National Review, “If Trump really is an unconstitutional menace who is abusing the power of the presidency for his personal interests, stopping him ought to be worth losing a Senate seat. And if this action isn’t worth losing a Senate seat over, then it’s hard to see how it is worth removing a president.”

A secret ballot after secret proceedings in the House sounds like a recipe for disaster. How do you think the public would react?

 

 

 

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  1. danok1 Member
    danok1
    @danok1

    DrewInWisconsin, Type Monkey (View Comment):

    EJHill: A secret ballot after secret proceedings in the House sounds like a recipe for disaster. How do you think the public would react?

    Torches and pitchforks.

    I’d like to think so, but I think there will be some online shouting and that will be the extent of it.

    • #61
  2. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Songwriter (View Comment):

    Gary Robbins (View Comment):
    No one is above the law.

    Gary, that statement will never be true until the Clintons are first brought to justice.

    I don’t have a problem with the Clinton Foundation being fully investigated.  The Trump Foundation was shut down.  I wouldn’t object to the same about the Clinton Foundation.

    • #62
  3. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    danok1 (View Comment):

    Gary Robbins (View Comment):

    Miffed White Male (View Comment):

    Gary Robbins (View Comment):

    Miffed White Male (View Comment):

    Gary Robbins (View Comment):
    he is going to face prosecution by the State of New York and maybe the federal government for tax fraud,

    Also, you are aware that both the State of New York taxing authorities and the Federal Government taxing authorities already have Donald Trump’s tax returns, aren’t you? And have never found a reason to prosecute him?

    Right now Trump has immunity while holding the term of President. That ends under the 22nd Amendment no later than Noon on January 20, 2025. (Hopefully that will end at Noon on January 20, 2021.)

    He’s been filing taxes since (at least) the 1970s. Unless you think this alleged fraud only started in the last three years, what’s your point?

     

    danok1 (View Comment):

    Gary Robbins (View Comment):

    Of note, I would far rather talk about C.J. Box’s exceptional Joe Pickett series that I wrote a post about instead of Trump and Impeachment.

    So go ahead and do so. No one’s stopping you.

    I welcome you going over to that post.

    I did when you posted it.

    Thank you.  What a great series of books!

    • #63
  4. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    The Reticulator (View Comment):

    Gary Robbins (View Comment):

    Miffed White Male (View Comment):

    Gary Robbins (View Comment):
    I anticipate that once Trump leaves office be that by conviction by the Senate or defeat at the polls, he is going to face prosecution by the State of New York and maybe the federal government for tax fraud, and that other fraudulent schemes such as Trump University will come to light.

    I was reliably informed by all the right-thinking people in late 2016 that only banana republics prosecute defeated politicians.

    No Presidential Candidate before Trump had ever encouraged his followers to “Lock Her Up.” Trump will reap that whirlwind.

    I don’t think that’s true. There were people in the U.S. who were wanting to prosecute W Bush for war crimes.

    However, did any Democrats support chants against W?

    If memory serves, when Democrats started to chant “Lock him up!” they were shut down.

    • #64
  5. The Reticulator Member
    The Reticulator
    @TheReticulator

    Gary Robbins (View Comment):

    The Reticulator (View Comment):

    Gary Robbins (View Comment):

    Miffed White Male (View Comment):

    Gary Robbins (View Comment):
    I anticipate that once Trump leaves office be that by conviction by the Senate or defeat at the polls, he is going to face prosecution by the State of New York and maybe the federal government for tax fraud, and that other fraudulent schemes such as Trump University will come to light.

    I was reliably informed by all the right-thinking people in late 2016 that only banana republics prosecute defeated politicians.

    No Presidential Candidate before Trump had ever encouraged his followers to “Lock Her Up.” Trump will reap that whirlwind.

    I don’t think that’s true. There were people in the U.S. who were wanting to prosecute W Bush for war crimes.

    However, did any Democrats support chants against W?

    If memory serves, when Democrats started to chant “Lock him up!” they were shut down.

    That would have been a miscarriage of justice. And let’s not forget those who wanted Reagan locked up.   

    • #65
  6. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    The Reticulator (View Comment):

    Gary Robbins (View Comment):

    The Reticulator (View Comment):

    Gary Robbins (View Comment):

    Miffed White Male (View Comment):

    Gary Robbins (View Comment):
    I anticipate that once Trump leaves office be that by conviction by the Senate or defeat at the polls, he is going to face prosecution by the State of New York and maybe the federal government for tax fraud, and that other fraudulent schemes such as Trump University will come to light.

    I was reliably informed by all the right-thinking people in late 2016 that only banana republics prosecute defeated politicians.

    No Presidential Candidate before Trump had ever encouraged his followers to “Lock Her Up.” Trump will reap that whirlwind.

    I don’t think that’s true. There were people in the U.S. who were wanting to prosecute W Bush for war crimes.

    However, did any Democrats support chants against W?

    If memory serves, when Democrats started to chant “Lock him up!” they were shut down.

    That would have been a miscarriage of justice. And let’s not forget those who wanted Reagan locked up.

    Until Trump, Presidents and Senators were magnanimous to former Presidents.  

    • #66
  7. Stad Coolidge
    Stad
    @Stad


    EJHill
    : A secret ballot after secret proceedings in the House sounds like a recipe for disaster. How do you think the public would react?

    I think if Trump were removed this way, he’d win in the Supreme Court.  I also think voters would turn the House and Senate upside-down regardless of party . . .

    • #67
  8. Stad Coolidge
    Stad
    @Stad

    Gary Robbins (View Comment):
    There is a massive difference between “lying” and “making a mistake.”

    I agree.  Democrat for the first, and Republican for the second . . .

    • #68
  9. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Stad (View Comment):


    EJHill
    : A secret ballot after secret proceedings in the House sounds like a recipe for disaster. How do you think the public would react?

    I think if Trump were removed this way, he’d win in the Supreme Court. I also think voters would turn the House and Senate upside-down regardless of party . . .

    The Senate is the sole judge of impeachment so the Courts would not intervene.  But, the vote to have a secret ballot would be a public vote, and heaven help anyone who votes for the secret ballot.

    • #69
  10. Percival Thatcher
    Percival
    @Percival

    The Venona intelligence being received by the FBI would have had to have been known by J. Edgar Hoover. It is my theory, based on no evidence, that JEH was feeding McCarthy with the distilled results of that intelligence in such a way as to prevent the Soviets from figuring out the source. Every so often, Tailgunner Joe went off the beaten path, but a whole lot of his accusations were borne out eventually. Alger Hiss was KGB|

    • #70
  11. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    There is another alternative that has come up.  Impeachment in the House is a two step procedure.  First the voting of Articles of Impeachment, and second the referral to the Senate.  The second step is 99.9% automatic.  But Lindsey Graham has said that his mind is made up despite his oath, and McConnell has said that he will defer wholly to the White House.  Pelosi could withhold the vote to refer the Articles to the Senate until a majority of the Senate agrees in writing that a fair trial will take place.

    • #71
  12. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Stad (View Comment):

    Gary Robbins (View Comment):
    There is a massive difference between “lying” and “making a mistake.”

    I agree. Democrat for the first, and Republican for the second . . .

    😊

    • #72
  13. EJHill Podcaster
    EJHill
    @EJHill

    Gary Robbins: But Lindsey Graham has said that his mind is made up despite his oath, and McConnell has said that he will defer wholly to the White House. Pelosi could withhold the vote to refer the Articles to the Senate until a majority of the Senate agrees in writing that a fair trial will take place.

    This is absurd. Where do you get this crap about “despite his oath?” In a criminal trial you’d move this to another jurisdiction because the jury pool has been tainted. But the jury is set by the Constitution and they’ve been watching this farce for three years! Again, you’re playing the Democrats game here. “Graham and McConnell have opinions! RECUSE! RECUSE!!”

    Secondly, Pelosi has no say whatsoever about how the Senate wishes to conduct its own business. Me thinks that your idea of a “fair” trial is one that is preordained to go your way.

    • #73
  14. Stad Coolidge
    Stad
    @Stad

    Gary Robbins (View Comment):
    The Senate is the sole judge of impeachment so the Courts would not intervene.

    I think they would.  The Dems actions against Trump are already unprecedented (Secret votes?  Really?), so it wouldn’t surprise me if more unprecedented events took place . . .

    • #74
  15. Stad Coolidge
    Stad
    @Stad

    EJHill (View Comment):

    Gary Robbins: But Lindsey Graham has said that his mind is made up despite his oath, and McConnell has said that he will defer wholly to the White House. Pelosi could withhold the vote to refer the Articles to the Senate until a majority of the Senate agrees in writing that a fair trial will take place.

    This is absurd. Where do you get this crap about “despite his oath?” In a criminal trial you’d move this to another jurisdiction because the jury pool has been tainted. But the jury is set by the Constitution and they’ve been watching this farce for three years! Again, you’re playing the Democrats game here. “Graham and McConnell have opinions! RECUSE! RECUSE!!”

    Secondly, Pelosi has no say whatsoever about how the Senate wishes to conduct its own business. Me thinks that your idea of a “fair” trial is one that is preordained to go your way.

    I like to think the majority of Amercians (even ordinary Democrat voters) have a sense of fairness, and an understanding that allowing an outrageous, unfair attack on Trump along with secret ballots could easily be applied to them in a “woke” future . . .

    • #75
  16. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    EJHill (View Comment):

    Gary Robbins: But Lindsey Graham has said that his mind is made up despite his oath, and McConnell has said that he will defer wholly to the White House. Pelosi could withhold the vote to refer the Articles to the Senate until a majority of the Senate agrees in writing that a fair trial will take place.

    This is absurd. Where do you get this crap about “despite his oath?” In a criminal trial you’d move this to another jurisdiction because the jury pool has been tainted. But the jury is set by the Constitution and they’ve been watching this farce for three years! Again, you’re playing the Democrats game here. “Graham and McConnell have opinions! RECUSE! RECUSE!!”

    Secondly, Pelosi has no say whatsoever about how the Senate wishes to conduct its own business. Me thinks that your idea of a “fair” trial is one that is preordained to go your way.

    Whoa!  What the heck would happen if the Dems refused to immediately refer the Articles to the Senate?  

    You asked what would happen with the if there was a secret ballot in the Senate.  I am being topical by asking what would happen if the Democrats voted for impeachment, but held back on referring the articles.

    • #76
  17. philo Member
    philo
    @philo

    DrewInWisconsin, Type Monkey (View Comment):

    EJHill: A secret ballot after secret proceedings in the House sounds like a recipe for disaster. How do you think the public would react?

    Torches and pitchforks.

    Somewhere this morning I saw the term “powder keg” used.  Seems about right. I’ll throw in “tar and feathers” too…in the very real sense.  Very painful. 

    • #77
  18. danok1 Member
    danok1
    @danok1

    Stad (View Comment):

    Gary Robbins (View Comment):
    The Senate is the sole judge of impeachment so the Courts would not intervene.

    I think they would. The Dems actions against Trump are already unprecedented (Secret votes? Really?), so it wouldn’t surprise me if more unprecedented events took place . . .

    Gary’s correct on this. The courts have no jurisdiction on impeachment. The Senate has a set of rules for impeachment trials; I don’t anticipate them voting new rules for DJT. The Constitution states that “Each House may determine the rules of its proceedings…” 

    • #78
  19. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    The extent of anger for and against the Trump Administration is far beyond what I ever remembered of any other administration.  Are we the most conflicted country since 1968?  Or since 1861?  Or since 1776?  This all does not feel right or normal.

    • #79
  20. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    philo (View Comment):

    DrewInWisconsin, Type Monkey (View Comment):

    EJHill: A secret ballot after secret proceedings in the House sounds like a recipe for disaster. How do you think the public would react?

    Torches and pitchforks.

    Somewhere this morning I saw the term “powder keg” used. Seems about right. I’ll throw in “tar and feathers” too…in the very real sense. Very painful.

    Powder keg seems right.  Like 1968, 1861 and 1776.   

    • #80
  21. DrewInWisconsin, Type Monkey Member
    DrewInWisconsin, Type Monkey
    @DrewInWisconsin

    Gary Robbins (View Comment):
    The extent of anger for and against the Trump Administration is far beyond what I ever remembered of any other administration. Are we the most conflicted country since 1968? Or since 1861? Or since 1776? This all does not feel right or normal.

    Change begins with you.

    • #81
  22. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    DrewInWisconsin, Type Monkey (View Comment):

    Gary Robbins (View Comment):
    The extent of anger for and against the Trump Administration is far beyond what I ever remembered of any other administration. Are we the most conflicted country since 1968? Or since 1861? Or since 1776? This all does not feel right or normal.

    Change begins with you.

    Perhaps all of us, instead of just Gary or Drew.

    • #82
  23. JamesSalerno Inactive
    JamesSalerno
    @JamesSalerno

    We have several full-blown Communists in our Legislature and roughly half the country sees them as “thought leaders.” I wouldn’t mind a little 2019 McCarthyism.

    And calling yourself a “Country-First Republican” is narcissism at it’s finest. 

    • #83
  24. HeavyWater Inactive
    HeavyWater
    @HeavyWater

    Gary Robbins (View Comment):

    In the late 1980’s and early 1990’s there was a brilliant, but unethical and unhinged family law attorney in Phoenix. He was unreasonable, and lawyers hated having cases with him. The was a bully. Here is how he was taken down. There wasn’t any sort of conspiracy. But in my couple of cases with him, I simply refused to settle with him. I took all of his cases to trial. Most cases settle. Few clients have the money for full-scale trials. If a case goes to a full case trial, there is a very good chance that one or both of the lawyers is taking a financial loss. Despite suffering financial losses, I took all of my cases against him to trial. I would be damned before I would let that [CoC][CoC] force a settlement from me. I did not go to law school to take a knee to that bully. What I noticed was that almost every other lawyer stiffened and refused to negotiate with him. He was losing money due to everyone taking him to trial. He started to emotionally unravel. After one trial, he was so angry, he tracked down the other party in the Courthouse, put his hands on her and threatened her. He was prosecuted for assault in the Courthouse. A bar complaint followed. Unlike most other bar complaints hearings that have no one watch them, a bunch of family law attorneys attended, and all sat on the side of the room with the Bar Counsel. He was put on probation, but thereafter blew his probation, and was disbarred.

    I predict that when Trump leaves office, he will face a full court press in most of his lawsuits. After Nixon resigned, people felt sorry for him. Hell, even I forgave Nixon and wrote him a letter forgiving him; he had suffered enough. As Clinton finished up his term, I was okay that he had to pay Paula Jones a bunch of money, and had to resign his law license, but otherwise was able to get on with his life.

    But I doubt that I will be so forgiving of Trump. Nixon apologized. Clinton apologized. Trump will likely never apologize. And for that I think he will be hounded in Court for the rest of his life. I predict that people will freely contribute money to fund lawyers who are suing Trump. While Trump will be contributed money for his lawyers, he will be stuck in courtrooms and depositions for the rest of his life. He will die a broken man.

    Gary, I think this is the way things will turn out.  Donald Trump’s father isn’t around to loan him money this time.  

     

     

    • #84
  25. danok1 Member
    danok1
    @danok1

    Gary Robbins (View Comment):

    namlliT noD (View Comment):

    Gary Robbins (View Comment):

    Judge Mental (View Comment):

    Gary Robbins (View Comment):

    Judge Mental (View Comment):

    He’ll just have to stay in office until he dies then.

    I think that that is his goal. Once he is out of office, his life will be in and out of courtrooms, and depositions.

    Don’t worry. It won’t be more than four or five terms.

    For better or worse, the 22nd Amendment applies to even Trump.

    I can imagine an exception to the 22nd Amendment due to the Democrat’s attempted coup and overthrow of the 2016 election with a sham impeachment.


    Please name one member of the Supreme Court who would not vote to remove Trump as President after two terms if Trump were elected in 2020 and 2024. Please name one Judge of the Circuit Court of Appeals. Please name one Federal District Judge. Please name one Federal Magistrate. Just one.

    The answer is that not one of the 1,000 or so Federal Judges would agree with such an absurd argument.

    Way off-topic, but I don’t think DJT could even appear on a ballot in 2024 if he were the incumbent. The COTUS specifies the requirements for President. Courts have struck down any ballot-access requirements that stray from the COTUS. A recent example is California’s attempt to make the release of tax returns a requirement for appearing on a primary ballot. A district court struck that down. So if there were an attempt to list DJT for a 3rd terms, a court challenge would remove him from the ballot would succeed.

    • #85
  26. Stad Coolidge
    Stad
    @Stad

    Gary Robbins (View Comment):

    Stad (View Comment):


    EJHill
    : A secret ballot after secret proceedings in the House sounds like a recipe for disaster. How do you think the public would react?

    I think if Trump were removed this way, he’d win in the Supreme Court. I also think voters would turn the House and Senate upside-down regardless of party . . .

    The Senate is the sole judge of impeachment so the Courts would not intervene. But, the vote to have a secret ballot would be a public vote, and heaven help anyone who votes for the secret ballot.

    Update: Alcee Hastings was a Federal judge who was impeached and removed from office.  The courts did take up his case, all the way up to the Supreme Court (where the conviction was upheld).  Hastings still got elected to the House of Representatives, and I believe is still there.

    Yes, the courts will take up Trump’s case because it is so important.  Unlike Hstings, I believe Trump will prevail, the remedy being returned to office.

    • #86
  27. WilliamDean Coolidge
    WilliamDean
    @WilliamDean

     

    namlliT noD (View Comment):

    etter or worse, the 22nd Amendment applies to even Trump.

    I can imagine an exception to the 22nd Amendment due to the Democrat’s attempted coup and overthrow of the 2016 election with a sham impeachment.


     

    I’ve been wondering how long it would be for the zealots (Or activists. Or bots. whatever they are anyway) to start talking about Trump the forever president. Looks like that insanity has started.

    • #87
  28. WilliamDean Coolidge
    WilliamDean
    @WilliamDean

    Gary Robbins (View Comment):

    The extent of anger for and against the Trump Administration is far beyond what I ever remembered of any other administration. Are we the most conflicted country since 1968? Or since 1861? Or since 1776? This all does not feel right or normal.

    I think people were angrier in the 60s. It’s just today we have the internet and 24/7 news acting as an amplifier and feedback loop for the anger currently on the ground.

    • #88
  29. WilliamDean Coolidge
    WilliamDean
    @WilliamDean

    Gary Robbins (View Comment):

    E. Kent Golding (View Comment):

    I think the one thing that both Anti Trump and Pro Trump Republicans have in common is that they both believe they are putting America First. It would be beneficial if both groups accepted the good faith of the other. “Country First” has little value as a differentiator — it is mostly used to insult ones opponents.

    Agreed. But the tiresome invocation of the invective “NeverTrump” becomes a bit tiresome.

    Like someone said in regard to the Left losing on Brexit (paraphrasing):

    “Sneering at people who disagree with you is not how you win the argument.”

    • #89
  30. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    WilliamDean (View Comment):

    Gary Robbins (View Comment):

    The extent of anger for and against the Trump Administration is far beyond what I ever remembered of any other administration. Are we the most conflicted country since 1968? Or since 1861? Or since 1776? This all does not feel right or normal.

    I think people were angrier in the 60s. It’s just today we have the internet and 24/7 news acting as an amplifier and feedback loop for the anger currently on the ground.

    I think that you are right.

    • #90
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