Wednesday, May 18, 2022

Are Republicans Allowed In The Impeachment Inquiry

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What Does The Constitution Say About Impeachment

Under pressure to defend Trump, GOP lawmakers decry House impeachment inquiry

Not a lot. There are four sections of;the Constitution;that chiefly address impeachment:

Article I, Section 2: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Article I, Section 3: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Article I, Section 5: Each House may determine the Rules of its Proceedings.

Article II, Section 4: The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

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Wednesdays opening argument exposed a president who gleefully ratcheted up his acid rhetoric to the point of violent insurrection, and a Republican Party mostly unwilling to face the terrible cost of their attempts to undermine the integrity of our recent election. The GOPs blindness isnt merely symbolic: When footage was played of rioters reading Trumps tweets through a megaphone, multiple Republicans turned away rather than accept what their party enabled. The impeachment prosecution means GOP senators can no longer feign ignorance.

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Opinionthe Unfortunate Reason Republicans Like Rand Paul Are Already Attacking Biden

The callousness of lawmakers like Hawley is now a distressing image that stands beside the shouts of rioters calling for the lynching of then-Vice President Mike Pence as testaments to how far the GOP has fallen.

Republicans like Hawley may flee to the gallery when our nation needs leadership, but they wont be able to outrun their complicity in supporting the far-right radicals who raided their workplace. If they arent held accountable by voters at the ballot box, the impeachment trial will forever serve as a testament to their dark role in American history.

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The Current House Impeachment Inquiry Began Without A Vote By The Entire House Is That Illegal

No. There is no law or rule requiring a vote to commence an impeachment investigation.

In addition, there is no court precedent to require a vote. In fact, on October 25, 2019, in an order compelling the Department of Justice to turn over grand jury materials relative to the Mueller investigation to Congress as part of its impeachment inquiry, U.S. District Judge Beryl Howell;flatly rejected;the administrations assertion that the House impeachment investigation is not legitimate without an authorizing resolution.

Why Republicans Are Complaining About The Impeachment Process

Republican response to impeachment inquiry announcement ...

And why their complaints are finding an audience

About the author: David A. Graham is a staff writer at The Atlantic.

Theres a reason Republicans have been making a great fuss about the process of the impeachment inquiry over the past few days. Unwilling, or more likely unable, to mount any substantive defenses of President Donald Trumps behavior with regard to Ukraine, members have instead assailed the way Democrats are conducting the inquiry.

You may doubt the sincerity of these complaintsmore on that in a momentbut they have grabbed attention because they are intuitively persuasive. Thus far, the inquiry has taken place behind closed doors, with only opening statements and secondhand accounts of interviews reaching the public. It would be both a miscarriage of justice and political malpractice for Democrats to vote to impeach without public proceedings. The trick is that Democrats have said all along that they intend to have a public process.

On Wednesday, GOP House members staged an odd maneuver in which they occupied the roomthe Sensitive Compartmented Information Facility, or SCIF, in acronym-obsessed D.C. jargon where Deputy Assistant Secretary of Defense Laura Cooper was to be interviewed under subpoena as part of the inquiry, delaying her testimony. On Thursday, Senator Lindsey Graham of South Carolina, a steadfast Trump shield, announced that he would introduce a statement criticizing the House Democratic process.

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Heres How Little Republicans Were Allowed To Participate In The Closed

When a group of Republican legislators barged into a secure facility on Capitol Hill last month to register their opposition to impeachment inquiry depositions taking place behind closed doors, we couldnt help but register an unusual aspect of the stunt.

Of the 197 Republicans in the House, 48 had authorization to attend the hearings, either by virtue of their positions or their membership on relevant committees. Of the 41 who signed on to the protest, led by Rep. Matt Gaetz, nearly a third could have just gone in and observed the hearing itself.

Part of the point of the camera-friendly effort was to raise broader questions about the extent to which Republicans were given a role in the deposition hearings. The impeachment inquiry was a function of Democrats holding a majority in the House, and Republicans argued that they were not being given a chance to interview witnesses or generally guide the outcome.

Fox Newss Sean Hannity summarized the line of argument on his Oct. 29 show.

Another day of secret meetings, secret hearings, secret transcripts, a secret whistleblower, non-whistleblower, hearsay whistleblower, all because of a phone call between President Trump and the president of Ukraine, he said. House Intelligence Committee Chairman Adam B. Schiff was calling in witness after witness but only behind closed doors, without real Republican due process at all to speculate on the presidents intentions.

The result looked like this.

Republican Lawmakers Disrupt Democratic

By Richard Cowan, , Patricia Zengerle

6 Min Read

WASHINGTON – Republican lawmakers, encouraged by President Donald Trump to get tougher in fighting Democrats attempts to impeach him, on Wednesday disrupted the U.S. House of Representatives impeachment inquiry and prevented a Pentagon official from testifying.

The Republicans stormed into a hearing room where Laura Cooper, the U.S. defense official who oversees Ukraine and Russia matters, was due to testify behind closed doors and began yelling, lawmakers and aides said.

The impeachment inquiry focuses on Trumps request for Ukraine to investigate a domestic rival – Democrat Joe Biden – for his personal political benefit.

In a dramatic confrontation during an escalating probe that threatens Trumps presidency even as he seeks re-election next year, Capitol police were called in to clear the room and bring order, a Republican congressional aide said.

A witness inside the room said the Republicans brought cellphones into the high-security facility where electronic devices are forbidden.

Theyre freaked out. Theyre trying to stop this investigation, Democratic Representative Ted Lieu said. They dont want to hear from witness Cooper today. They know more facts are going to be delivered which are absolutely damning to the president of the United States.

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Deadline: Jerry Nadler Gives Republicans One Week To Participate In Impeachment Inquiry

Rep. Jerry Nadler has given Republicans and President Donald Trump a deadline of December 6th to participate in the House impeachment inquiry or the inquiry will move into an impeachment vote without them even though Republicans submitted a list of witnesses and requested time for questioning but were denied.

The Daily Caller reports that Nadler has sent a letter ot House Republicans demanding they comply with the House impeachment inquiry and pressuring the White House to decide one way or the other whether President Donald Trump will testify either in person or answering interrogatories under oath.

BREAKING: House Judiciary Chair Jerry Nadler sends letter to Pres. Trump, reminding him he and his lawyers have a right to attend the hearing.

ABC News

The Democratic-led House Judiciary Committee, which is due to begin weighing possible articles of impeachment against Trump next week, sent a two-page letter to the president setting a deadline of 5 p.m. EDT on Dec. 6 for the presidents counsel to specify intended actions under the committees impeachment procedures, the Caller reported the letter as saying.

The first House Judiciary Committee hearings are set to take place December 4th, though the House Intelligence Committee has yet to officially conclude their own investigation. They claim a report will be circulated Monday, but on Friday, Rep. Schiff was telling staffers that he plans on calling more witnesses.

South Carolina Rep Tom Rice

Trump impeachment inquiry enters new phase l ABC News

Rices vote for impeachment stunned those familiar with the South Carolina lawmakers record as a staunch Trump defender, especially during his first impeachment.;

I have backed this President through thick and thin for four years. I campaigned for him and voted for him twice, Rice;said in a statement;Wednesday evening. But, this utter failure is inexcusable.

Rice voted for motions to object to certifying Bidens Electoral College victories in Arizona and Pennsylvania last week, votes that came after security teams cleared the building of rioters and members returned from a secure location. Rice told local media he waited until the last minute to cast those votes because he was extremely disappointed in the president after the riots and that Trump needed to concede the election. He also said last week that he did not support impeaching the president or invoking the 25th Amendment to remove him from office.;

Rice, a member of the Ways and Means Committee, has supported the Trump administrations position 94 percent of the time over the past four years. He represents a solidly Republican district in the Myrtle Beach area that Trump carried by 19 points in November. Rice, who has had little difficulty holding his seat since his first 2012 victory, won his race by 24 points in November.;

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Can Senators Ask Questions During The Impeachment Trial

Under the 1986 impeachment rules, senators do not directly question witnesses. Instead, witnesses are examined by representatives of the prosecution and defense . If senators wish to ask a question, they are instructed to put it in writing and submit it to the presiding officer. Before a witness answers a senators questions, the prosecution and defense have the opportunity to raise objections, which are ruled on by the presiding officer or by a vote of the full Senate.

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This band of Republicans who stormed the hearings this week seemed to be demanding that the testimony of these witnesses be made public but that is the last thing that they should want, which is probably why their efforts did more to disrupt the process than show why they should be allowed to participate. These witnesses have reportedly already presented damning evidence that President Donald Trump engaged in an effort to withhold congressionally authorized military aid to Ukraine unless the president of Ukraine publicly announced an investigation of Trumps political rival, Joe Biden.

The public testimony theyre nominally demanding will happen, though. And when these witnesses testify in televised public hearings, support for impeachment will soar.

Michael Conway was counsel for the House Judiciary Committee in the impeachment inquiry of President Richard Nixon in 1974. In that role, he assisted in drafting the committee’s final report to the House in support of the three articles of impeachment adopted by the committee. Conway is a graduate of Yale Law School, a fellow of the American College of Trial Lawyers and a retired partner of Foley & Lardner LLP in Chicago.

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Led By Cheney 10 House Republicans Back Trump Impeachment

WASHINGTON Ten Republicans including Wyoming Rep. Liz Cheney, the No. 3 House GOP leader voted to impeach President Donald Trump Wednesday over the deadly insurrection at the Capitol. The GOP votes were in sharp contrast to the unanimous support for Trump among House Republicans when he was impeached by Democrats in December 2019.

Cheney, whose decision to buck Trump sparked an immediate backlash within the GOP, was the only member of her partys leadership to support impeachment, which was opposed by 197 Republicans.

There has never been a greater betrayal by a president of the United States of his office and his oath to the Constitution, said Cheney, whose father, Dick Cheney, served as vice president under George W. Bush. The younger Cheney has been more critical of Trump than other GOP leaders, but her announcement hours before Wednesdays vote nonetheless shook Congress.

Katko, a former federal prosecutor who represents the Syracuse area, said allowing Trump to incite this attack without consequence would be a direct threat to the future of our democracy.

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House Manager Uses The Words Of Republicans Against Trump

Republican lawmaker slams

The House impeachment managers presented senators with videos of their colleagues fleeing a pro-Trump mob, which breached the US Capitol shouting stop the steal. They showed the rioters searching for then-Vice President Mike Pence and House Speaker Nancy Pelosi, and rummaging through the senators desks on the chamber floor.

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What Happens If The President Is Convicted

If the Senate votes by a two-thirds majority to convict the president, he is removed from office. But a conviction and removal from office do not automatically mean he can never again hold public officeincluding as president. Article I, Section 3 of the Constitution also provides that the Senate may vote to disqualify the impeached individual from serving in federal office in the future. Since the Constitution does not specify a vote requirement for disqualification, a simple majority vote has been used to disqualify individuals, but only on three occasions.

Heres What The Gop Believes

Cynicism comes easy in an era of maximal polarization. Different parties embrace different ideologies, agendas, and sometimes even entirely distinct constellations of facts and truths. From inside either closed world, the other one appears shot through with delusion with its leaders blamed for actively encouraging deception for the sake of political gain.

Thats what Ive accused Republicans of doing in a pair of recent columns. Ive called them cynics who manipulate voters by intentionally deceiving them with lies and sometimes even by eliding the distinction between truth and falsehood altogether for the sake of winning political advantage. But there is something more than a little cynical about this very accusation itself. Some, like President Trump and his most loyal minions in Congress , may well be comfortable spreading a miasma of epistemological confusion out of political expediency. But thats not all thats going on on the Republican side of the debate about impeachment.

There is at least one story that Republicans are telling themselves about impeachment that rises above cynicism. I find it largely unconvincing, but it is not reducible to a clamoring for power at all costs or an indifference to the distinction between truth and lies. Many on the right actually believe it to be true and defensible. And its worth making an effort to understand it from the inside, so that we can better understand our fellow citizens.

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What Have Presidents Been Impeached For

Two presidentsAndrew Johnson and Bill Clintonhave been impeached in the House, but no president has ever been removed from office.Fifteen federal judges and one cabinet official;have been impeached.

  • The House impeached;Andrew Johnson;in 1868 for removing the secretary of war in violation of a federal statute that prohibited the president from firing a cabinet official without the consent of Congress.
  • In 1974, the House Judiciary Committee approved three articles of impeachment for;Richard Nixon;for obstructing the investigation of the Watergate burglary inquiry, misusing law enforcement and intelligence services for political purposes, and refusing to comply with the Judiciary Committees subpoenas.
  • In 1998, the House impeached;Bill Clinton;for providing perjured testimony to a grand jury investigation and for obstruction of justice.

Whistleblowers And Their Lawyers

WATCH: After Kupperman defies House subpoena, Republicans call impeachment inquiry charade

Andrew P. Bakaj, the lead attorney representing the whistleblowers, sent a joint letter to Maguire on September 28, made public on September 29, in which they raised concerns about the language used by Trump, amongst other things. In the letter, the lawyers state “The events of the past week have heightened our concerns that our client’s identity will be disclosed publicly and that, as a result, our client will be put in harm’s way.” The letter also mentioned the $50,000 “bounty” that two conservative Trump supporters have offered as a reward for information about the whistleblower.

, co-counsel for the whistleblower, said in a statement in September 2019 that whistleblowers’ identities are protected by law and cited testimony by Maguire which drew upon the Whistleblower Protection Act. The statement was released after Trump questioned on Twitter the validity of the whistleblower’s statements. Bakaj took to Twitter to issue a warning on September 30 that the whistleblower is entitled to anonymity, is protected by laws and policies, and is not to be retaliated against; to do so would violate federal law. Bakaj argued in an October 25 Washington Post op-ed that the identity of his client is no longer pertinent after further events corroborated his client’s account of the matter.

For impeachment inquiry

Against impeachment inquiry

Senator Lindsey Graham criticized the whistleblower, calling the complaint hearsay and a sham.

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