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Here are some key quotes (with emphasis added), from Washington’s Cabinet (whose advice he had requested) and several others: Secretary of State Timothy Pickering (in an early draft of what would become Washington’s Message to the House): “[I]n the case of a treaty, if there be any grounds for an impeachment, they will probably be found in the instrument itself. If at any time a treaty should present such grounds; and it should have been so pronounced by the House of Representatives; and a further enquiry should be necessary to discover the culpable person, or the degree of his offence; there being then a declared and ascertained object; I should deem it to be the duty of the President to furnish all the evidence which could be derived from the papers in his possession.” Treasury Secretary Oliver Wolcott (in a letter to Washington on March 26, 1796): “Except when an Impeachment is proposed & a formal enquiry instituted, I am of opinion that the House of Representatives has no right to demand papers relating to foreign negociations [sic] either pending or compleated [sic].” Secretary of War James McHenry (in a letter to Washington of March 26, 1796): “But as the house of representatives are vested with ‘the sole power of impeachment’ has it not a right as an incident of that power to call for papers respecting a treaty when the object is impeachment? I would presume that it has; but to legitimate such a call the object ought to be explicitly and formally announced. Where it is not, it is not to be presumed.” Attorney General Charles Lee (in a letter to Washington of March 26, 1796): “The house of representatives has generally from the nature of its functions a right to demand from the President such statements of the transactions in any of the executive departments as they shall conceive necessary or useful in forming their laws, and there may be occasions when the books and original papers should be produced: for instance to sustain an impeachment commenced or to discover whether there be any malversation in office which might require impeachment—But it does not therefore follow that this branch of Congress possesses a right to demand and possess without the consent of the President copies of all the instructions and documents in his custody relative to any subject whatsoever, whenever they shall be pleased to require them.” It will surprise no one that, in addition to asking his Cabinet for advice, Washington also asked Alexander Hamilton for his thoughts. In response, on March 29, 1796, Hamilton sent back a draft message for Washington’s consideration. It included the following language: “Even with reference to an animadversion on the conduct of the Agents who made the Treaty—the presumption of a criminal mismanagement of the interests of the U [sic] States ought first it is conceived to be deduced from the intrinsic nature of the Treaty & ought to be pronounced to exist previous to a further inquiry to ascertain the guilt or the guilty. Whenever the House of Representatives, proceeding upon any Treaty, shall have taken the ground that such a presumption exists in order to such an inquiry, their request to the Executive to cause to be laid before them papers which may contain information on the subject will rest on a foundation that cannot fail to secure to it due efficacy.” In addition to all this, at some point in time, Washington’s papers came to contain a letter sent by the Chief Justice of the United States, Oliver Ellsworth, on March 13, 1796, to Jonathan Trumbull, a member of the Senate and a former aid-de-camp of Washington’s. In this letter, Ellsworth wrote: “[N]or does it appear from [the pending House resolution] that [the House has] before them any legitimate object of enquiry to which the papers can apply. They have indeed a right to impeach or to originate a declaration of war, and might for those purposes have possible use for some of the papers in the late negociation [sic], but neither of those objects are avowed by the House nor are they to be presumed.” It bears emphasizing that this mulling over the possibility of impeachment was not theoretical. The Jay Treaty was a controversy that roiled the new Republic. It created a rift that would never close between James Madison and Washington. There had been popular outcry that Washington was a traitor or at best senile. And some had spoken openly of impeachment. This backdrop makes the unity of opinion regarding the House’s entitlement to documents in an impeachment proceeding all the more impressive. These writings do not address the question of how the House is to initiate an official impeachment inquiry. We will leave that issue to others. But these writings do make plain that Washington’s line about impeachment in the Jay Treaty was a deliberate concession, a seed planted in history that only now has full occasion to blossom. The above is quoted from Just Security |
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But, if that is the case, then Trump cannot be charged with a crime that has not officially been defined as a crime. And any decision by the Court to say that Executive Privilege cannot be claimed in such situations, that would be a clarification from now on. But cannot fairly be applied ex post facto. |
I think we will find out what SCOTUS thinks.
It looks to me that after Graham and the Turtle promised a sham trial with a guaranteed aquittal, Pelosi just might wait and let Floridaman play with his checkers. The Igor and Lev show is starting to make it’s way into the news along with all the Rubles and who got them. Plenty of Trumplicans don’t want to be stained with that. Floridaman’s Russian money will show up. His taxes will come out in this SCOTUS term. The walls are closing in on him and soon it will be time to retire to Mar a Lago, aka the southern swamp Posted from my iPhone/Mobile device |
Ask Lindsey, Floridaman doesn’t need to be charged with a crime to be impeached or is that only Dems?
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Pete I applaud your zeal, but you are involved in a debate that can’t be won, there is NOTHING you can post that will change anyone’s mind.
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Campaign Finance Law Bribery Honest Services Fraud Foreign Corrupt Practices Act Hatch Act Contempt of Congress Impoundment Act |
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“A partisan process,fueled by tribalism”
Tulsi Gabbard on why she voted present. Please explain Posted from my iPhone/Mobile device |
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I think she'd like to kick Nikki to the street and replace Pence, I wonder how Hinduism would sit with the evangelicals?
They're not driven by lust like you guys:lasso: |
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My wife would say I'm a little better than Trump, I'm faithful to my family. Lighten up, Francis. |
yes, being faithful is a little better than Trump.
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She never stops shrieking about the sinister nature of banks lending money to homeowners. But she make a pile flipping foreclosed properties with her husband. It's fine when she profits from the misery of others, everyone else who does so is a vulture. She never stops shrieking about the evils of business. Yet she took huge money defending Travelers from liability claims of workers who died of asbestos exposure, and made a pile shielding companies from lawsuits filed by women who got sick from silicone breast implants. So it's OK for HER to profit from the risky nature of commerce, but evil when anyone else does it. Any of that wrong? |
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Or do you believe that she enabled and abetted Travelers in defrauding the claimants? That she misrepresented something to the court? She has made a couple million in the last 30 years in private practice. That's not a very good salary for any category leading attorney. She claims to be a capitalist, but she certainly gets under your skin and makes you shriek. Take a Midol. |
“A partisan process,fueled by tribalism”
Please explain Could she be a plant or just honest? Posted from my iPhone/Mobile device |
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It was reported she made $400k for teaching one, single class. That's a good gig. Good enough where she wanted it bad enough, to commit fraud on her application, and exploit the atrocities against Native Americans, to get it. "Oh, I forgot, education is a calling and you should work for free" You missed the point COMPLETELY. If she wants to get paid $400k to teach one class, and students want to pay the massive tuition to fund that, that's their business, it's a free country. But she has no right to then claim that it's wrong to profit from student debt. That's the point. If she can get rich from students going into debt, so can anyone else. Sorry if that went over your head. Unless you're saying, as she is saying, that she has a right to get rich off of student loans, but no one else does? Why does she have a right to live differently than anyone else? Your response was a weak dodge. |
You sound like Trump. Ha ha
More than anything it’s a wake up call to anybody who thought this had something to do with the constitution. These are just party tricks being exposed by one of the offenders loyalists. My guess is that PeteF has a little more insight than the democrat from Hawaii who answers to Putin along with Trump. 🤡🤡🤡 Sleep tight cupcakes Posted from my iPhone/Mobile device |
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Someone funded it specifically. It doesn't cost students money and is a big plus to them to be in her class. Your response is ignorant of the facts, but those silly things are inconvenient to Floridaman and Trumplicans. |
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