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Old 12-19-2019, 12:44 PM   #62
detbuch
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Join Date: Feb 2009
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Quote:
Originally Posted by Pete F. View Post
Ukraine needs the help and support now and in the foreseeable future. Your isolationist viewpoint will result in the spread of the corrupt Putin administration, quite interesting that you express concern about corruption.

Ukraine got the money. And more aid, as well, than the previous administration gave it. Nor did the previous administration do anything substantial to correct Putin's spread of his power when he invaded Ukraine--which was the cause of it needing aid in the first place.

Floridaman's actions at the meeting at the UN, in words afterwards and meeting Lavrov at the same time as Zelensky's meeting Putin for peace negotiations are very detrimental to the survival of Ukraine as an independent nation. To claim that Zelensky's statements are made freely and without duress is obtuse, but it is the only defense Floridaman has.

That's an opinion, not a fact. As for opinions, this: the survival of Ukraine depends first on Ukraine, then on all of its allies not just the US. The US is doing its share. Putin's annexation of the Crimea is a fact that can only be undone by war or negotiation. If the US is supposed to be responsible for the survival of Ukraine, then we were derelict during the past administration in reversing that annexation. To blame the current administration for not correcting that dereliction is political fodder. Putin tested us and Europe, and we all failed. And it will remain a failure unless we are all willing to militarily take back and return Crimea to Ukraine, or can, as Trump leans toward, negotiate a satisfactory resolution.

At this point, Putin doesn't seem willing to test a further expansion as we expect he would if he thought it was feasible. Perhaps you think that he is just doing Trump a favor. More likely, he recognizes that Trump would actually do more than the previous administration to push back against further Russian expansion. Trump offers negotiation, as well as military aid to Ukraine, as well as strengthening NATO by asking its European constituents to spending more on defense. As well Trump has strengthened our military and opened up our economy at the detriment of Russia's (especially in opening up our oil exploration and production). If you have a better way, put up or shut up.


(resulting in 34 indictments and 7 convictions with more expected) as well as many so called "mistakes" (all against Trump and no "mistakes" in his favor) (except Comeys "mistake" in announcing more info on Clintons emails days before the election, while not announcing the investigation into Russia and Floridaman)

Those indictments were peripheral, not germane to the "collusion" investigation. And the majority were of Russians who nothing can be tried without Russia's consent.

And Comey's announcement re Clinton was not a mistake. Did Horowitz say it was?


You state quite simply, every mobsters defense against a RICO case.

It is also and has many times been, quite correctly, the defense of many innocent defendants. It isn't a mobster defense. It is a valuable legal defense against prosecutorial misconduct.


You could be correct, but Floridaman blocked ALL testimony and evidence with the exception of a memcon of a conversation. Everything that the administration does is not subject to executive privilege and no reasonable person would think so. But once he is impeached it is likely null and void. Since you are a great fan of the Founding Fathers, here is some timely correspondence for you to consider. SCOTUS certainly will. Perhaps the House should wait to send the articles of impeachment to the Senate till it wades it's way thru the courts and SCOTUS decides.


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
Those were selected opinions with selected passages. Were there any rebuttals or contraries during those original discussions? I don't have the energy to research that. But, if you read carefully even in some of those of those selected above, there seem to be some reservations. The "unity of opinion" called for does not exist in this current case. The opinion is divided strictly on party lines. And the notion that these opinions are "a seed planted in history that only now has full occasion to blossom" is an acknowledgement that the question of Executive Privilege has not been formally, judicially acknowledged. That the Court may have to decide that.

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.
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