Thursday, September 26, 2019

Last Call For Orange Implosion

Morality and history aside, there are plenty of practical reasons to not impeach Trump: the main one being the near-guaranteed failure of a Senate trial to to garner 67 votes to convict him on any count, even if Mitch McConnell allows a Senate trial to even happen, which is no sure thing.

Does the Senate have an obligation to conduct a trial of the president if the House impeaches him? With the increased prospects for an impeachment inquiry now that the Democrats have taken control of the House of Representatives, most discussions of impeachment have assumed that, should the House vote to impeachment, the Senate will then hold a trial. This is the logical construction of the Constitution’s provisions setting out the impeachment process: If the House impeaches, then it would follow that the Senate tries the case. This is what the Senate did on the two occasions, in the cases of Andrew Johnson and Bill Clinton, that the House voted articles of impeachment.

The current Senate rules would further support this view. They contemplate that when the House has voted an impeachment, the Senate will be notified, the House managers will present their case and trial proceedings, which the rules prescribe in some detail, will begin.

But it is also possible that, in this time of disregard and erosion of established institutional practices and norms, the current leadership of the Senate could choose to abrogate them once more. The same Mitch McConnell who blocked the Senate’s exercise of its authority to advise and consent to the Supreme Court nomination of Merrick Garland, could attempt to prevent the trial of a House impeachment of Donald Trump. And he would not have to look far to find the constitutional arguments and the flexibility to revise Senate rules and procedures to accomplish this purpose.

The Constitution does not by its express terms direct the Senate to try an impeachment. In fact, it confers on the Senate "the sole power to try,” which is a conferral of exclusive constitutional authority and not a procedural command. The Constitution couches the power to impeach in the same terms: it is the House’s “sole power.” The House may choose to impeach or not, and one can imagine an argument that the Senate is just as free, in the exercise of its own “sole power,” to decline to try any impeachment that the House elects to vote.

But the practical reason for moving forward with impeachment in order to force Trump out of office is that Donald Trump cannot keep his goddamn mouth shut and will certainly only make things worse for himself, in public, on a daily basis.

President Trump expressed disgust Thursday morning with the explosive whistleblower complaint, slamming the intelligence officer and the White House aides who helped him or her as “almost a spy” and suggested it was treason.
Speaking at a private breakfast in New York, Trump described reporters as “scum” and raged at the Democrats’ new impeachment proceedings, which were spurred by the whistleblower’s complaint alleging that Trump tried to strong-arm Ukraine’s leader to interfere in the 2020 election.

The still-unidentified whistleblower acknowledged that he did not listen to Trump’s July 25 phone call with Ukrainian president Volodymyr Zelensky, but cited information from more than half a dozen U.S. officials over the past four months as part of “official interagency business.”

“Basically, that person never saw the report, never saw the call, he never saw the call — heard something and decided that he or she, or whoever the hell they saw — they’re almost a spy,” Trump said.

“I want to know who’s the person, who’s the person who gave the whistle-blower the information? Because that’s close to a spy,” he continued. “You know what we used to do in the old days when we were smart? Right? The spies and treason, we used to handle it a little differently than we do now.”

Trump openly calling for harm to come to the whistleblower as a "traitor" is basically not going to help his case.  And again, there's a very good chance Trump will just blurt out evidence of guilt in his rage.

Having said that, the NY Times couldn't help themselves either and published a story on the whisteblower, a CIA officer assigned to the White House.

The whistle-blower who revealed that President Trump sought foreign help for his re-election and that the White House sought to cover it up is a C.I.A. officer who was detailed to work at the White House at one point
, according to three people familiar with his identity.

The man has since returned to the C.I.A., the people said. Little else is known about him. His complaint made public Thursday suggested he was an analyst by training and made clear he was steeped in details of American foreign policy toward Europe, demonstrating a sophisticated understanding of Ukrainian politics and at least some knowledge of the law.

The whistle-blower’s expertise will likely add to lawmakers’ confidence about the merits of his complaint, and tamp down allegations that he might have misunderstood what he learned about Mr. Trump. He did not listen directly to a July call between Mr. Trump and President Volodymyr Zelensky of Ukraine that is at the center of the political firestorm over the president’s mixing of diplomacy with personal political gain.

Lawyers for the whistle-blower refused to confirm that he worked for the C.I.A. and said that publishing information about him was dangerous.

But we did it anyway!

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