Tag: trial

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JY had an interesting discussion the other evening and I’d like your thoughts. At the insistence of my hairdresser, we watched a show on 20/20 about the Menendez trial.  As way of background, I did not follow that trial closely. I vaguely remember listening to evening updates on local talk radio. That said, as the […]

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The Trial That Should Not Be

 

Last week, the House of Representatives voted to impeach Donald Trump for “incitement of insurrection,” stemming chiefly from his remarks before a large crowd near the White House on January 6. As I have previously written, serious questions still remain as to whether those charges are valid as a matter of fact and law. But assuming they are, the question is what comes next.

Press coverage is mostly limited to tactical and political issues. On the Democratic side, the chief concerns are the timing and form of the expected trial. Should Speaker Nancy Pelosi delay sending the article of impeachment to the Senate to give House leaders more time to gather evidence to strengthen their case? Or will that delay undercut the perceived public urgency of the trial? If there is an impeachment trial, will that slow down the Senate confirmations of top cabinet officials or the passage of Joe Biden’s legislative agenda? On the Republican side, the question arises of whether individual senators should break ranks with Trump and convict him, even if most Republican voters are as strongly opposed to conviction as Democratic voters are in favor of it.

In an important sense, these questions put the cart before the horse. First, we must ask whether the Senate even has the power to try this impeachment once the president is out of office. As a textual matter, the answer is no. There are two relevant provisions in the Constitution: Article I, Section 3, and Article II, Section 4. Article I, Section 3, gives the sole power of impeachment to the Senate. First, a simple declarative sentence provides that “When the President of the United States is tried, the Chief Justice shall preside.” The key word is “the” as in “the President.” The word “the” is used instead of the word “a.” “The” has a definite reference to the president now sitting in office, which will be Joe Biden on January 20. Once Donald Trump is out of office, he cannot be tried under this provision.

Join Jim and Greg as they comment on the moments from Wednesday’s impeachment votes that stand out to them, including House Speaker Nancy Pelosi having to enforce her no gloating policy. Then they dive into three crazy martinis, starting with Pelosi saying she won’t pass the impeachment articles along to the Senate unless she’s convinced it will be a fair process. They scratch their heads as Tulsi Gabbard votes present on both articles of impeachment and wonder what her political future holds. And they dissect the 5th Circuit Court of Appeals declaring the individual mandate unconstitutional and Jim wonders whether Republicans would have any legislation ready to go if the Supreme Court were to strike down all of Obamacare.

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I’m not surprised that we’ve awakened to a gray, rainy day. Everything feels heavy and burdensome. It mirrors the dark mood that rests beneath the ordinariness of life. As I’ve tried to tune in to the beauty of another day, it is cloaked in sorrow and dread. Today we leave for Daytona Beach. Unfortunately it’s […]

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The Opioid Use Hiding Behind the Alleged Superiority of “Nonopioid” Chronic Pain Treatment

 

The SPACE randomized clinical trial, which 234 veterans with chronic back or knee pain completed, has been touted as demonstrating that opioids are superfluous to chronic pain management. According to JAMA’s summary of the trial,

In the opioid group, the first step was immediate-release morphine, oxycodone, or hydrocodone/acetaminophen. For the nonopioid group, the first step was acetaminophen (paracetamol) or a nonsteroidal anti-inflammatory drug. Medications were changed, added, or adjusted within the assigned treatment group according to individual patient response.