Impeachment in The Courts – HJC vs DOJ Appellate Arguments Scheduled for November 12th…
sundance, November 7, 2019

https://theconservativetreehouse.com/2019/11/07/impeachment-in-the-courts-hjc-vs-doj-appellate-arguments-scheduled-for-november-12th/

There is an important granular aspect to the validity of the House impeachment process that few are paying attention to. If the HJC loses this case in the DC Appellate Court, it means there is no constitutional foundation recognized to the “impeachment inquiry.”

Without the constitutional recognition of the judicial branch then: (a) Pelosi/Lawfare have to restart the process with a genuine House vote; or (b) the ongoing impeachment process will have no recognized constitutional standing; and (c) the Senate could ignore any House impeachment vote, cast without recognized constitutional standing.

BACKSTORY: On October 25th DC Judge Beryl Howell granted the House Judiciary Committee (HJC) request for legal authority to receive 6e grand jury material underlying the Mueller report.

Additionally, and most importantly, within the Howell decision she officially recognized the HJC effort was predicated on a constitutional impeachment process. In essence Howell’s opinion granted the HJC with “judicial enforcement authority.”

The DOJ moved to appeal the decision and requested a “stay” pending appeal. Judge Howell rejected the DOJ “stay” motion.

The DOJ then appealed to the DC Court of Appeals. A panel of three judges issued an “administrative stay”, blocking enforcement of the Howell ruling while the appeal was reviewed. The DC Appellate Court has now scheduled the arguments within the appeal.

Right now; and considering the House voted on a ‘resolution’ to support Nancy Pelosi’s unilaterally decreed “impeachment inquiry”; and due to the lack of structural specifics within the constitution surrounding the impeachment process; I would put the odds at 50/50 the House Judiciary Committee could win this case.

It is critical that AG Bill Barr sends his best constitutional lawyers to defend the interests of the executive branch in this appeal. The DOJ has a solid constitutional argument to make; and if they end up losing the decision the verbal arguments will be a key factor in whether the Supreme Court would take up the issue (after en banc appeal exhausted).

The HJC objective is simple. They seek judicial enforcement authority for their subpoenas so their targets cannot legally refuse to give testimony; and by extension the constitutional premise of the House process is affirmed.

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Good analogy!

Quote: truth_seeker wrote in post #6

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Heard part of a Reagan speech in Berlin, where he said "Mr. Gorbachev, tear down this wall."

It is claimed that advisors urged Reagan, to NOT say that.

The current attempt by the democrats, is incredible.

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I heard the same story - the speechwriters took that line out several times and Reagan insisted on keeping it. Small things like that can become big things. And this one did.

Quote: Tinker wrote in post #10

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"It is critical that AG Bill Barr sends his best constitutional lawyers to defend the interests of the executive branch in this appeal. The DOJ has a solid constitutional argument to make; and if they end up losing the decision the verbal arguments will be a key factor in whether the Supreme Court would take up the issue (after en banc appeal exhausted).

The HJC objective is simple. They seek judicial enforcement authority for their subpoenas so their targets cannot legally refuse to give testimony; and by extension the constitutional premise of the House process is affirmed."

I could not agree more with this. This current fiasco MUST NOT be given any legitimacy!

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