A Calm Glimpse Into the Kerfuffle

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While some CATs are law enthusiasts, all are historians (professional and amateur), so we found the following interesting. If you’ll indulge us this small detour…

We found the following piece calm and cogent, someone one rarely encounters in these days of emotional knee-jerk. While this does smack of The Illusion, extra-planetary law and planetary rights will one day be part of eventual NE lives, so surface skirmishes like these may one day be relevant… if we remember them. Apart from that, it makes good theater.

This Impeachment Subverts the Constitution

It’s nakedly political and procedurally defective, and so far there’s no public evidence of high crimes.

By

David B. Rivkin Jr. and
Elizabeth Price Foley

Oct. 25, 2019 5:59 pm ET

Speaker Nancy Pelosi has directed committees investigating President Trump to “proceed under that umbrella of impeachment inquiry,” but the House has never authorized such an inquiry. Democrats have been seeking to impeach Mr. Trump since the party took control of the House, though it isn’t clear for what offense. Lawmakers and commentators have suggested various possibilities, but none amount to an impeachable offense. The effort is akin to a constitutionally proscribed bill of attainder—a legislative effort to punish a disfavored person. The Senate should treat it accordingly.

The impeachment power is quasi-judicial and differs fundamentally from Congress’s legislative authority. The Constitution assigns “the sole power of impeachment” to the House—the full chamber, which acts by majority vote, not by a press conference called by the Speaker. Once the House begins an impeachment inquiry, it may refer the matter to a committee to gather evidence with the aid of subpoenas. Such a process ensures the House’s political accountability, which is the key check on the use of impeachment power.

The House has followed this process every time it has tried to impeach a president. Andrew Johnson’s 1868 impeachment was predicated on formal House authorization, which passed 126-47. In 1974 the Judiciary Committee determined it needed authorization from the full House to begin an inquiry into Richard Nixon’s impeachment, which came by a 410-4 vote. The House followed the same procedure with Bill Clinton in 1998, approving a resolution 258-176, after receiving independent counsel Kenneth Starr’s report.

Mrs. Pelosi discarded this process in favor of a Trump-specific procedure without precedent in Anglo-American law. Rep. Adam Schiff’s Intelligence Committee and several other panels are questioning witnesses in secret. Mr. Schiff has defended this process by likening it to a grand jury considering whether to hand up an indictment. But while grand-jury secrecy is mandatory, House Democrats are selectively leaking information to the media, and House Republicans, who are part of the jury, are being denied subpoena authority and full access to transcripts of testimony and even impeachment-related committee documents. No grand jury has a second class of jurors excluded from full participation.

Unlike other impeachable officials, such as federal judges and executive-branch officers, the president and vice president are elected by, and accountable to, the people. The executive is also a coequal branch of government. Thus any attempt to remove the president by impeachment creates unique risks to democracy not present in any other impeachment context. Adhering to constitutional text, tradition and basic procedural guarantees of fairness is critical. These processes are indispensable bulwarks against abuse of the impeachment power, designed to preserve the separation of powers by preventing Congress from improperly removing an elected president.

House Democrats have discarded the Constitution, tradition and basic fairness merely because they hate Mr. Trump. Because the House has not properly begun impeachment proceedings, the president has no obligation to cooperate. The courts also should not enforce any purportedly impeachment-related document requests from the House. (A federal district judge held Friday that the Judiciary Committee is engaged in an impeachment inquiry and therefore must see grand-jury materials from special counsel Robert Mueller’s investigation, but that ruling will likely be overturned on appeal.) And the House cannot cure this problem simply by voting on articles of impeachment at the end of a flawed process.

The Senate’s power—and obligation—to “try all impeachments” presupposes that the House has followed a proper impeachment process and that it has assembled a reliable evidentiary basis to support its accusations. The House has conspicuously failed to do so. Fifty Republican senators have endorsed a resolution sponsored by Judiciary Committee Chairman Lindsey Graham urging the House to “vote to open a formal impeachment inquiry and provide President Trump with fundamental constitutional protections” before proceeding further. If the House fails to heed this call immediately, the Senate would be fully justified in summarily rejecting articles produced by the Pelosi-Schiff inquiry on grounds that without a lawful impeachment in the House, it has no jurisdiction to proceed.

The effort has another problem: There is no evidence on the public record that Mr. Trump has committed an impeachable offense. The Constitution permits impeachment only for “treason, bribery, or other high crimes and misdemeanors.” The Founders considered allowing impeachment on the broader grounds of “maladministration,” “neglect of duty” and “mal-practice,” but they rejected these reasons for fear of giving too much power to Congress. The phrase “high crimes and misdemeanors” includes abuses of power that do not constitute violations of criminal statutes. But its scope is limited.

Abuse of power encompasses two distinct types of behavior. First, the president can abuse his power by purporting to exercise authority not given to him by the Constitution or properly delegated by Congress—say, by imposing a new tax without congressional approval or establishing a presidential “court” to punish his opponents. Second, the president can abuse power by failing to carry out a constitutional duty—such as systematically refusing to enforce laws he disfavors. The president cannot legitimately be impeached for lawfully exercising his constitutional power.

Applying these standards to the behavior triggering current calls for impeachment, it is apparent that Mr. Trump has neither committed a crime nor abused his power. One theory is that by asking Ukrainian President Volodymyr Zelensky to investigate Kyiv’s involvement in the 2016 U.S. presidential election and potential corruption by Joe Biden and his son Hunter was unlawful “interference with an election.” There is no such crime in the federal criminal code (the same is true of “collusion”). Election-related offenses involve specific actions such as voting by aliens, fraudulent voting, buying votes and interfering with access to the polls. None of these apply here.

Nor would asking Ukraine to investigate a political rival violate campaign-finance laws, because receiving information from Ukraine did not constitute a prohibited foreign contribution. The Mueller report noted that no court has ever concluded that information is a “thing of value,” and the Justice Department has concluded that it is not. Such an interpretation would raise serious First Amendment concerns.

Equally untenable is the argument that Mr. Trump committed bribery. Federal bribery statutes require proof of a corrupt intent in the form of a quid pro quo—defined by the Supreme Court in U.S. v. Sun-Diamond Growers (1999), as a “specific intent to give or receive something of value in exchange for an official act.” There was no quid pro quo in the call. Mr. Zelensky has said he felt no pressure, and the purported quid (military aid to Ukraine) was not contingent on the alleged quo (opening an investigation), because the former materialized within weeks, while the latter—not “something of value” in any case—never did.

More fundamentally, the Constitution gives the president plenary authority to conduct foreign affairs and diplomacy, including broad discretion over the timing and release of appropriated funds. Many presidents have refused to spend appropriated money for military or other purposes, on grounds that it was unnecessary, unwise or incompatible with their priorities.

Thomas Jefferson impounded funds appropriated for gunboat purchases, Dwight Eisenhower impounded funds for antiballistic-missile production, John F. Kennedy impounded money for the B-70 bomber, and Richard Nixon impounded billions for highways and urban programs. Congress attempted to curtail this power with the Impoundment Control Act of 1974, but it authorizes the president to defer spending until the expiration of the fiscal year or until budgetary authority lapses, neither of which had occurred in the Ukraine case.

Presidents often delay or refuse foreign aid as diplomatic leverage, even when Congress has authorized the funds. Disbursing foreign aid—and withholding it—has historically been one of the president’s most potent foreign-policy tools, and Congress cannot impair it. Lyndon B. Johnson used the promise of financial aid to strong-arm the Philippines, Thailand and South Korea to send troops to Vietnam. The General Accounting Office (now called the Government Accountability Office) concluded that this constituted “quid pro quo assistance.” In 2013, Barack Obama, in a phone conversation with Egyptian President Abdel Fattah Al Sisi, said he would slash hundreds of millions of dollars in military and economic assistance until Cairo cooperated with U.S. counterterrorism goals. The Obama administration also withheld millions in foreign aid and imposed visa restrictions on African countries, including Uganda and Nigeria, that failed to protect gay rights.

Further, there is credible evidence that Ukraine interfered in the 2016 presidential election at the request of senior Obama administration officials. The Justice Department is investigating this as part of its broader inquiry—now a criminal investigation—into efforts to target the Trump campaign in 2016 and beyond. It is certainly legitimate for the president to ask Ukraine to cooperate.

In addition, the president’s constitutional duty to “take care that the laws be faithfully executed” implies broad discretion to investigate and prosecute crimes, even if they involve his political rivals. Investigating Americans or Ukrainians who might have violated domestic or foreign law—and seeking the assistance of other nations with such probes, pursuant to mutual legal-assistance treaties—cannot form a legitimate basis for impeachment of a president.

It’s legally irrelevant that a criminal investigation may be politically beneficial to the president. Virtually all exercises of constitutional discretion by a president affect his political interests. It would be absurd to suggest that a president’s pursuit of arms-control agreements, trade deals or climate treaties are impeachable offenses because they benefit the president or his party in an upcoming election.

Using a private party such as Rudy Giuliani to carry out diplomatic missions is neither a crime nor an abuse of power. While the State Department’s mandarins have always lamented intrusions on their bureaucratic turf, numerous U.S. presidents have tapped people to conduct foreign-policy initiatives whose job—whether in the government or private sectors—did not include foreign-policy experience or responsibility. George Washington sent Chief Justice John Jay to negotiate the “Jay Treaty” with Britain. Woodrow Wilson used American journalist Lincoln Steffens and Swedish Communist Karl Kilbom as special envoys to negotiate diplomatic relations with the Soviet Union. A close Wilson friend, Edward House, held no office but effectively served as chief U.S. negotiator at the Paris Peace Conference after World War I.

Nor is it illegal or abusive to give a diplomatic assignment to a government official whose formal institutional responsibilities do not include foreign affairs, such as the energy secretary. JFK relied on Attorney General Robert F. Kennedy to negotiate with Moscow during the Cuban missile crisis.

Although the impeachment inquiry has been conducted in secret, what we know suggests it has become a free-ranging exploration of Mr. Trump’s foreign-policy substance and process, with the committees summoning numerous State Department witnesses. Congress could properly undertake such an inquiry using its oversight authority, but by claiming that it is proceeding with an impeachment inquiry, it has forfeited this option.

If the House impeaches Mr. Trump because it disapproves of a lawful exercise of his presidential authority, it will in effect have accused him of maladministration. The Framers rejected that amorphous concept because it would have allowed impeachment for mere political disagreements, rendering the president a ward of Congress and destroying the executive’s status as an independent, coequal branch of government. If the House impeaches on such grounds and the Senate concludes it has jurisdiction to conduct an impeachment trial, it should focus first and foremost not on the details of Mr. Trump’s foreign policy, but on the legal question of whether the conduct alleged is an impeachable offense.

Alexis de Tocqueville observed in 1835: “A decline of public morals in the United States will probably be marked by the abuse of the power of impeachment as a means of crushing political adversaries or ejecting them from office.” What House Democrats are doing is not only unfair to Mr. Trump and a threat to all his successors. It is an attempt to overrule the constitutional process for selecting the president and thus subvert American democracy itself. For the sake of the Constitution, it must be decisively rejected. If Mr. Trump’s policies are unpopular or offensive, the remedy is up to the people, not Congress.

Mr. Rivkin and Ms. Foley practice appellate and constitutional law in Washington. He served at the Justice Department and the White House Counsel’s Office during the Reagan and George H.W. Bush Administrations. She is a professor of constitutional law at Florida International University College of Law.

judge-not-happy

 

 

Assistant Secretary Of State For European And Eurasian Affairs Philip Reeker Is Deposed In Fake Impeachment Inquiry

47 thoughts on “A Calm Glimpse Into the Kerfuffle

    1. Blossom’s new post is the best one yet! At least we now have an unmistakable temporal marker for the Event.

      Also, since it is Oct. 31, happy Expensive Costumes & Tooth Decay Festival to everyone on the forum!

      Liked by 5 people

    2. Brilliant essay and I would love more! This faux impeachment is ridiculous but how does it unravel? I read our government Will be totally different in the future after Trump…true? I would say it has to be bc of this bastardizing of constitution done by the dems and some reps let’s face it, both parties r corrupt.

      Like

  1. Over time, just by the process of Darwinian natural selection favoring the strongest campaign in recurring elections, political parties become pure machines for seizing political power, nothing else. All other considerations such as morality or even just proper legal procedure fall by the wayside, and gaining office by any means possible is their only activity and their only goal.

    This devolutionary result usually marks the end of the road for either the political party or the nation hosting it. Let’s hope it’s the former in this case.

    Liked by 5 people

    1. No, it made a wide hole, it didn’t go through 15 feet of concrete. Lightning can easily do this. Telluric currents are enormous. Remember those photos of the giant crystals in caves? HUGE energy running through those conduits.

      -CAT Eds.

      Liked by 5 people

  2. Here’s the “real” deal. The rat bastards in D.C. are simply paid lobbyists for corporations. D.C. is an independent corporate headquarters for the 3rd arm of the control mechanism of the planet. Vatican (religion), City of London(financial), and D.C. (military) If one does due diligence, one discovers that what we assume to be Our government is simply a “government services provider” The real government of The United States of America is currently being re-formed by the people. This b.s. subderfuge has been going on since the 1860’s. All part of waking up. (whatta movie)

    Liked by 5 people

        1. I guess I understand what
          @ -CAT Eds
          intended to say.

          We should not throw our compassionate hearts in this desperate war.
          Surely our Victory is won, for in SOURCE cannot be otherwise.
          And in Spirit, our Victory is accomplished.
          It only needs manifest in our physical world.

          According to ArchAngel (of) Michael,
          at the helm of the Pleiadian Light Forces,
          The EVENT manifests at 11:11 UTC, on 11/11/2020.
          So, in this – LAST – cruel, ferocious, dirty war with the dark,
          we’d better stand strong and let our brains lead us.

          Like

  3. Isn’t the USofA a corporation, with a court system acting under Maritime law? Which is why Presidents time and time again over the years were allowed to commit acts of war without Congressional approval? Making all talk of Constitution a moot point?

    Mostly rhetorical questions 🙂 I’m hoping a group like the National Liberty Alliance will use this opportunity to bring all they’ve found out into the spotlight somehow. That would be…cool.

    Liked by 2 people

  4. A huge Thank-you to all the CATS andM’s for keeping up this blog when comma have been compromised. Enormous gratitude to you all, and may all that are being affected by the power outages and fires be safe 💕

    Liked by 9 people

  5. An excellent read…thank you! Still chuckling from the photos 🤣😂😃
    Got ten hours of sleep last night after not sleeping the previous night …so feeling pretty good today. Kind of zoned out actually.
    Also noted a calmness pervading my workplace yesterday. Goodwill was radiating off of staff and clients!
    Home today, waiting for trick-or-treaters to come calling.
    Has the power been turned back on? Infinite Love and gratitude for All here. ❤️❤️❤️
    -jane

    Liked by 7 people

      1. The Democratic “leadership” (and a good share of the Republicans) — and lots of politicians in other countries — have forgotten that they represent all of US, not a handful of the insane super-rich. They have also forgotten that the Founding Fathers of virtually every country saw this kind of thing way in advance and created legal mechanisms to handle it. Once people calm down and use their heads for something other than a hat rack, then they might see it. Or they won’t, and they’ll drag their jaws around right at the time of what Blossom’s Guides call, “The Slip.” We’ll have a post on this, shortly.

        ~M5

        Liked by 13 people

        1. No. They called it the “Switch”. They said there would be a “Slip” that would occur though, that would trigger the “Switch”.

          Like

  6. “What we have here is a failure to communicate”, quote by Paul Newman as Cool Hand Luke (for those old enough to remember).
    The Democratic House of Representatives had become a circus. It is obvious that the lunatics are running the asylum. Cay

    Liked by 7 people

  7. Happy Halloween, everyone. Here’s some actual creepiness for spookday:

    https://www.dailymail.co.uk/news/article-7588927/Father-fears-creepy-ventriloquist-doll-given-gift-haunted-filming-puppet-BLINKING.html

    You can see the spirits in the video. It’s really no big deal, just spirits messing around. Did people think they’re not real? THEY’RE EVERYWHERE, especially today and tomorrow. All CAT houses are “haunted” houses because of the portals; spirits mill around our houses all the time, but the ones with big boots tend to walk around most on Halloween. Seriously.

    -CAT Eds.

    Liked by 7 people

  8. I always feel uneasy to find anything mainstream political on here, particularly a copy and pasted Wall Street Journal opinion piece. I read the news from many different sources daily because I believe there are direct correlations between what is happening and ascension, however, beyond that I choose not to give my mental space to any of it because I can see the 3D (games)manship and know that none of it really matters.

    I’m quite curious what the intentions are behind such a post, and I wonder if I can be convinced of its value in relation to the amazing topics usually shared and discussed here.

    Like

    1. When Constitutional Law professors write something cogent, we feel the need to read and present it. There’s just too much junk out there right now. We’re not political. We’re trying to wake people up before it’s too late. We are almost at the homestretch. This is an indication of where we are in the process. We bring up items that are signposts on the way to The SHIFT.

      Out intentions? Are you serious? We have never posted anything that showed anything but the highest intentions for all.

      -CAT Eds.

      Liked by 16 people

        1. Sheesh. Maybe that wasn’t the best word, but I was surprised by the post and wondered why y’all thought it was valid to share because it felt out of the norm. That’s it. I was merely asking why.

          Like

            1. Thank Heavens for you, AM! This is much more than a blog to me …this is where I come to feel the energy of Home and enjoy the company of my spiritual family… old and new. Words are much too dense to communicate the depths of gratitude
              and respect I have for all of you Cats and M’s that provide this space for us to connect with one another – even if it is just to hit the like button.
              -jane

              Liked by 12 people

            2. I can’t imagine any mission more important right now than providing an internet meeting place for Event watchers. Please keep this blog and its comment section!

              Liked by 2 people

          1. Well, someone needs to be the sweet, gooey center inside the hardened cat-like candy shell… so thanks AM! 😀😀😀

            Y’all have really been a guiding light that I’m sincerely grateful for, I sure hope it’s understood how much I appreciate all you do.

            Liked by 8 people

    2. Ummm … Has anyone noted yet that Mercury Retrograde began TODAY?

      Sure evident in communication here. .. 😱

      So…

      Eric of course you should always question motives and let your heart and intuition be your guide and NO other …

      Since none besides brother J i know to be beyond and above question.. though i think you’ll find most of us here REALLY do strive to be 💓

      And some have been AT this “work” for a REALLY long time and without much compensation in return for effort given

      Hence exhaustion
      We can surely understand 💓

      Best evidence is always actions..

      See
      Evaluate

      It is your Divine Right
      And kinda obligation to do just that

      With everyone
      About everything…

      Doing otherwise is a CLEAR relinquishing of Power and major set back on evolutionary path…
      (Big No No)

      Sigh…

      I think you’ll find your heart will find peace in most of what you discover here

      But YOUR intuition (YOUR Higher “knowing”) ALONE must be your guide

      That goes for all of us and doesn’t even need to be said any more than what options are available if we find otherwise actually need to be stated right?

      Mercury Retrograde is a time i prefer to lie UNDER my bed with comfy blankets and if i MUST communicate? Nod or shake my head and peer out to see if coast is clear yet! 😱

      So I’ll sign off for a while and send everyone as much love as i can from the gentle folds of comfy blankets!

      Illusions just FEEL so darned REAL sometimes don’t they? 😻

      Liked by 2 people

  9. This is all well and good, but if there is nobody to actually ENFORCE these laws they might as well not exsist. We’ve known about all of this for a while now but pointing it out has done nothing so far. WE NEED A REAL PHYSICAL FORCE TO UP HOLD ALL THIS. Otherwise they’ll just keep doing what they want.

    Like

    1. @ Lore
      There is tremendous work done behind the scene, dear Lore.

      Just as the huge, active, day & night energy-work done by our (so modest) CATs
      all around us and the planet, there are AMAZING groups of Host of God from above and below, Angels & ArchAngels, Masters ascended & descended as well as Lady-Masters,
      Brothers of us from Andromeda, Sirius, Pleiades and Arcturus, our actual ancestors and their mighty fleets, working feverishly to liberate Earth.

      There is the one they call The Trumpeter, who engaged each and every one of his family per conscious consent, to dedicate all their efforts and life for our liberation!!! Together with that kind, kind and beautiful soul, JFK Jr, having the mighty support of the Military, they made a plan of action, started in fact in 1999, when JFK Jr was ‘killed’.
      They work together, step for step, in this, again, AMAZING Love & devotion, for Liberating all our planet and us, from the rule of the dark.

      The task is tremendous and goes far beyond our little planet, for we alone, as humans, would never have managed without the help of our Space Brothers. Which Space Brothers are mightily guided by no other than Brother J,
      many people call Jesus the Christ!

      There are ca. 130,000 sealed indictments, and there will come a purge, for sure.
      The tremendous work done behind the scenes is not yet to go public, for there are actual monsters, traitors, pedophiles, sex-slavers, baby killers, blood drinkers, satanist rituals, then monster-bankers, monster-churches, monster politicians and monster-monarchs and families…omg! who are exploiting our human, vital, life energy and thriving on it!!!

      There is a Masterpiece, this Plan for Salvation of SOURCE Itself – and trump is doing it slowly but diligently, to first drain the dark out, and then gently prepare the folk.

      A task not for the faint of heart, as they say, for that tremendous cowardice and the deceitful ways of the monsters are NOT OF GOD – so they just learn how to handle the dangerous monsters!

      If you read every day tweets put out by trump, you’ll get a glimpse into that immense activity.

      No human would manage, without divine help.

      Liked by 3 people

  10. I was feeling quite sick, body-wise today – might have something to do with the red-y/white splotch in Schumann today?-
    I was asking this morning for more help than usual, esp from different AAs I haven’t much in my life – feeling for which resonate as relevant to me, AA Micheal has been called upon FOR me a few times in my life – I resonated with a few others today – I’ve had challenges asking for help or support in my life, so I view this as progress…

    Yaahooo, they (whatever guides & HS, I presume) let me remember a snippet of dream this morning – I hope the Cats, etc get a kick out of it –

    After some busy vagueness there came a grey tabby cat, the stripes were more faded than bold, so looked more grey than striped and a bit rotund… 🙂 there was a feeling of sneaky nonchalance as if known to be watched and putting on a false show while doing or beginning something else. He – there was a male feeling – began to do yoga, sitting cross legged (picture a rotund – I had thought Buddha like, but more like a more muscle strength, not fatty, Sumo wrestler cat – there was a feeling of strength and humor- so, a big grey cat sitting cross-legged 🙂 ) then stretched arms out from shoulders and ripple stretching the arms out to each side alternately then lying on back supine like a human and there was a feeling that he was going to do the plough or somethings similar to casually make way toward something/somewhere else to do/work on something – Not sure if before that move or time skip, but there was a lamp in front of him with a pull chain to turn it on – there was a sense of a significant LOOK – going to turn the light back on – but there was a screen there suddenly – like a cell ph screen and I said ‘ but the power is already on – then there were two screens one ‘they’ thought was back on, I think so they didn’t realize this OTHER power was coming on, too, to supplant it.
    Wasn’t sure whether to share in case you have something going on, but haven’t been stopped in typing –
    I read the Blossom blog from link this morning – I wonder if there is a correlation to something mention/alluded to, there.

    May your days be sunny and bright – seems like a song there…

    Much love,

    Kg

    Liked by 6 people

  11. Ummm … Has anyone noted yet that Mercury Retrograde began TODAY?

    Sure evident in communication here. .. 😱

    So…

    Eric of course you should always question motives and let your heart and intuition be your guide and NO other …

    Since none besides brother J i know to be beyond and above question.. though i think you’ll find most of us here REALLY do strive to be 💓

    And some have been AT this “work” for a REALLY long time and without much compensation in return for effort given

    Hence exhaustion
    We can surely understand 💓

    Best evidence is always actions..

    See
    Evaluate

    It is your Divine Right
    And kinda obligation to do just that

    With everyone
    About everything…

    Doing otherwise is a CLEAR relinquishing of Power and major set back on evolutionary path…
    As anyone who ever followed a “guru” blindly eventually discovered
    (Big No No)

    Sigh…

    I think you’ll find your heart will find peace in most of what you discover here

    But YOUR intuition (YOUR Higher “knowing”) ALONE must be your guide

    That goes for all of us and doesn’t even need to be said any more than what options are available if we find otherwise actually need to be stated right?

    Mercury Retrograde is a time i prefer to lie UNDER my bed with comfy blankets and if i MUST communicate? Nod or shake my head and peer out to see if coast is clear yet! 😱

    So I’ll sign off for a while and send everyone as much love as i can from the gentle folds of comfy blankets!

    Illusions just FEEL so darned REAL sometimes don’t they? 😻

    Like

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