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On October 11 2019 09:29 JimmiC wrote:Show nested quote +On October 11 2019 09:11 Introvert wrote:On October 11 2019 09:01 crms wrote:On October 11 2019 08:54 Introvert wrote:On October 11 2019 08:23 Sermokala wrote: I don't know what you're expecting from politics modoo. You're loyal to the leader, when that leader leaves and is no longer the leader what is there to be loyal to or for? When the next leader is chosen you are then loyal to them as long as they're the leader. On the other hand they refuse to take a vote and spent weeks sending angry letters that didn't have any actual force. I'm still not 100% sure they have started sending actual subpoenas instead of those documents they called subpoenas but weren't. Can you explain this? Everything I've read has stated a vote is not required. A lot of right wing people keep claiming she needs to do a vote, but why? What does that change when the house already has the power to investigate/subpoena etc? Whether or not it's required doesn't matter to what I'm saying. There is normal, historical procedure for an inquiry. They aren't following it. And all their changes make it look more like a partisan witch hunt than the serious matter they all say it is. Combine that with the fact that people like Nadler have been claiming their work is impeachment related for months, or that they want the "whistleblower" to be permanently anonymous, and it stinks even more. Do you not feel the hypocrisy as you ask for "normal, historical procedure"? When someone has done away with all of this you can't do what is normal historical procedure because his lap dog in the Senate already said how he would deal with it, not that he would look seriously into it. It is clear that partisanship rules both parties and the Reps even more. So they are doing the only thing they logically can which is make it so irrefutable that Trump loses his partisan support before sending it on. Any republican who even remotely supports Trump at this point asking for normal historical procedure with a straight face is either beyond the reach of logic or completely uninformed on how their president has been operating.
And what norm are they persevering by breaking the ones they are? There is so much Democratic hypocrisy on this front, but I'm sticking to impeachment. How can Nancy Pelosi go out and sanctimoniously lecture us on her constitutional duty while her and her party are trying to avoid responsibility and accountability for it at all costs?
Moreover, as I said, it's bad strategy, even with the media on her side. The more you make it look like a partisan abuse of constitutional power the more Trump is going to tell them off, and the more justified he will look doing it. We can tell how they think impeachment would actually go because we see them avoiding it for as long as possible.
Moreover, if this continues and they pass the articles under their current process, McConnell and the GOP in the senate will see it as justification to dismiss them right out of the gate, or at least clear Trump quickly.
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On October 11 2019 10:49 micronesia wrote:Show nested quote +On October 11 2019 09:53 Introvert wrote:On October 11 2019 09:15 micronesia wrote: What is the problem with a whistle-blower remaining anonymous? If it turns out their write-up was inaccurate, then it should be discounted. If it turns out they lied through their teeth, then they should be quietly disciplined such as by termination. It's important that people be able to blow the whistle without fear of reprisal. Right now I know I wouldn't blow the whistle because I don't trust that I would be defended, and the corruption or other illegal activities within the government would persist. Given the obvious tilt of the bureaucracy, I'm sure you'd be fine. No? I could discover illegal activity that benefits the executive branch leadership; I could discover illegal activity that benefits congress' current impeachment hearing. I could discover illegal activity that exposes the evils of establishment politicians on both sides of the aisle. There is no way to say how much of a target I would have on my back unless you assume I am blowing the whistle for partisan rather than ethical reasons... which is insulting. Show nested quote +But we aren't going to impeach and maybe remove a president based on someone we will never get to meet. True. The point is that once the whistle is blown, the accusations are confirmed through independent verification. Any evidence discovered as a result of a whistle-blower is still relevant, even if we find out tomorrow that the whistle-blower is actually hillary, putin, pence, or hitler. Attacking the whistle-blower's anonymity, in addition to being horrible for encouraging ethical governing, is completely illogical from a perspective of making a legitimate defense. It only makes sense for partisan reasons. Arguments are not amusing simply because they are embraced by both sides of the aisle. This idea that democrats and republicans have to disagree on everything is grotesque. This was not my argument. Learn to read instead of blindly spread propaganda. Show nested quote +Which causes one to ask why the Democrats want to talk to him still... for one thing we still have no smoking gun, as it were, so this person's interpretation is very important, as is the info he supposedly has from others. We will never have a smoking gun. Somehow, Trump has made that impossible no matter what he does or what high crime he actually commits. This is going to be a battle of inches on the field and Pelosi knows it.
Goodness, so serious. I happen to find that fact highly amusing.
The lack of a smoking gun is one of the biggest reasons we need to hear from him. If there is no iron-clad poof of anything, then we need to know about the trustworthiness of the concerned parties, and we can't do that if we don't even know who they are. We need to know his history, potential biases, contacts, events that may have shaped view, etc. He needs to be questioned. And the information needs to be public for the citizenry, whose decision this ultimately is.* If you think the American people are going to accept the words of an anonymous CIA agent filtered through politicians in Congress then I don't know what to tell you.
*maybe
edit: was speed reading on my phone and I see now calling that your argument was reductive, you were talking about the info in the complaint not just the transcript. I apologize. Nonetheless still funny.
edit2: and in response to your first point about being a whistle blower, I was thinking about specifically the scenario we have now, involving something like a president and a phone call. Lots of other whistleblowers at the lower levels come out of it pretty hard, no debating that.
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On October 11 2019 09:22 plated.rawr wrote:Show nested quote +On October 11 2019 08:12 ZerOCoolSC2 wrote:On October 11 2019 08:01 Mohdoo wrote:On October 11 2019 06:29 Lmui wrote: The US is shitting away any chance of co-operation in the middle east. It's caused shitshows in Iraq, Afghanistan and Syria. Having the Kurds assist is the most politically sensible decision. It involves a group which is trusted by the local populace, shares the same values as the foreign power (US), and a common goal (fight ISIS). It's the cheapest investment to achieve power in the region.If this doesn't get reversed in the next few days, I'd expect the GOP to fully break with Trump on Syria.
It was just a braindead decision by Trump I still firmly believe that if Democrats win in 2020, the world will be like: "So, that was fucked, but if you make systematic changes to make your system less volatile, we're cool", everyone will move on and clean up the pieces. Some damage can't be undone, but Trump is so unique that I don't think it is difficult for people to understand Warren/Biden/Sanders would immediately cancel tariffs and stuff like that. Trump is weird. No one else is. If we are able to show the world we learned from our mistakes, I really think we'll be welcomed back. But have we? Or will we? I mean, c'mon. It's America. We'll apologize, fix some things, but at the end of the day, we'll elect another trumpian person that'll isolate us and we'll have to start all over again. The real thing to consider here is that while Trump is testing the boundaries of American democracy, he's a bumbling fool, hopefully unable to really break anything. However, he's showing the weaknesses of the system clear as day, and smarter people than him are watching. If Trump is able to get away with what he's doing because of how those with the checks and balances to his power are unwilling to act, imagine then if the position was beset by someone with political connections, above-average intelligence, and ambition to power. If post-Trump America does not go through major revisions of its system to patch some of the obvious errors which has been shown the last few years, the suspension of its democracy is only a whisper away. I mean I don't think we've really gotten that bad. Andrew Jackson literally told the judicial branch that he didn't care what it said and he faced no consequences from that, neither did the country.
The weaknesses of democracy have always been like this, its why the greek democracies were always a failure and the pirate republics were abject failures. The only way to "patch some of the obvious errors" is to remove democracy itself or to actively marginalize people.
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United States24680 Posts
Introvert, the American public doesn't need to accept the words of an anonymous CIA agent. They can just accept the evidence that is discovered when the whistle-blower causes investigators to take a look at the incidents in question. For example, the transcript of the Ukraine call was released after and at least partly as a result of the whistle-blower blowing the whistle. Who the whistle-blower is doesn't change the content of the Ukraine transcript, regardless of your opinion of the transcript itself. To out this whistle-blower without his consent is to all but eliminate whistle-blowing.
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United States42691 Posts
It’s like any other tip-off. The tip tells the investigation where to find evidence, the investigators are the ones who subsequently bring charges of they’re warranted.
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On October 11 2019 11:08 micronesia wrote: Introvert, the American public doesn't need to accept the words of an anonymous CIA agent. They can just accept the evidence that is discovered when the whistle-blower causes investigators to take a look at the incidents in question. For example, the transcript of the Ukraine call was released after and at least partly as a result of the whistle-blower blowing the whistle. Who the whistle-blower is doesn't change the content of the Ukraine transcript, regardless of your opinion of the transcript itself. To out this whistle-blower without his consent is to all but eliminate whistle-blowing.
yes, if we are going to use them to remove duly elected presidents, we are going to have find out who they are. Absolutely. The whistle blower is the source of much of this, his supposed concern and consternation is the impetus. This is an inherently political process, used in political ways, for political ends. Therefore, we ought to see as much of it as possible. You are treating this as some criminal trial, but as we have all been reminded ad nauseum the past few weeks, this is not a criminal proceeding. The investigators are not to have their credibility assumed.
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United States24680 Posts
On October 11 2019 11:16 Introvert wrote:Show nested quote +On October 11 2019 11:08 micronesia wrote: Introvert, the American public doesn't need to accept the words of an anonymous CIA agent. They can just accept the evidence that is discovered when the whistle-blower causes investigators to take a look at the incidents in question. For example, the transcript of the Ukraine call was released after and at least partly as a result of the whistle-blower blowing the whistle. Who the whistle-blower is doesn't change the content of the Ukraine transcript, regardless of your opinion of the transcript itself. To out this whistle-blower without his consent is to all but eliminate whistle-blowing. yes, if we are going to use them to remove duly elected presidents, we are going to have find out who they are. Absolutely. The whistle blower is the source of much of this, his supposed concern and consternation is the impetus. This is an inherently political process, used in political ways, for political ends. Therefore, we ought to see as much of it as possible. You are treating this as some criminal trial, but as we have all been reminded ad nauseum the past few weeks, this is not a criminal proceeding. The investigators are not to have their credibility assumed. No, we are not "using them." As Kwark said, they are tipping investigators off to where evidence can be found. Whether Trump should be impeached/removed or not depends on what the investigators found, not the transcript written by a whistle-blower. You can make a legitimate argument that the transcripts contents, especially the parts that are not independently verified, are being used in a partisan way. That does not warrant outing the whistle-blower. The main motivation for outing the whistle-blower is to provide a new target to discredit and then claim that all the evidence found as a result of the blown whistle is invalid even though, as you said, this is not a criminal proceeding.
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On October 11 2019 11:19 micronesia wrote:Show nested quote +On October 11 2019 11:16 Introvert wrote:On October 11 2019 11:08 micronesia wrote: Introvert, the American public doesn't need to accept the words of an anonymous CIA agent. They can just accept the evidence that is discovered when the whistle-blower causes investigators to take a look at the incidents in question. For example, the transcript of the Ukraine call was released after and at least partly as a result of the whistle-blower blowing the whistle. Who the whistle-blower is doesn't change the content of the Ukraine transcript, regardless of your opinion of the transcript itself. To out this whistle-blower without his consent is to all but eliminate whistle-blowing. yes, if we are going to use them to remove duly elected presidents, we are going to have find out who they are. Absolutely. The whistle blower is the source of much of this, his supposed concern and consternation is the impetus. This is an inherently political process, used in political ways, for political ends. Therefore, we ought to see as much of it as possible. You are treating this as some criminal trial, but as we have all been reminded ad nauseum the past few weeks, this is not a criminal proceeding. The investigators are not to have their credibility assumed. No, we are not "using them." As Kwark said, they are tipping investigators off to where evidence can be found. Whether Trump should be impeached/removed or not depends on what the investigators found, not the transcript written by a whistle-blower. You can make a legitimate argument that the transcripts contents, especially the parts that are not independently verified, are being used in a partisan way. That does not warrant outing the whistle-blower. The main motivation for outing the whistle-blower is to provide a new target to discredit and then claim that all the evidence found as a result of the blown whistle is invalid even though, as you said, this is not a criminal proceeding.
The whistleblower didn't even see the transcript, much less write it. That's part of the problem. Why did he interpret the call that way? Why did the people he talked to see it that way? What about others? did he talk to anyone who had a different opinion?
Remember when Barr released his summary of the Mueller report and people said that even though the report itself was released shortly thereafter, that he had poisoned the well? Same thing applies here, too. I understand the concerns here, but given the consequences we need to hear from everyone. In public.
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On October 11 2019 11:40 JimmiC wrote:Show nested quote +On October 11 2019 10:50 Introvert wrote:On October 11 2019 09:29 JimmiC wrote:On October 11 2019 09:11 Introvert wrote:On October 11 2019 09:01 crms wrote:On October 11 2019 08:54 Introvert wrote:On October 11 2019 08:23 Sermokala wrote: I don't know what you're expecting from politics modoo. You're loyal to the leader, when that leader leaves and is no longer the leader what is there to be loyal to or for? When the next leader is chosen you are then loyal to them as long as they're the leader. On the other hand they refuse to take a vote and spent weeks sending angry letters that didn't have any actual force. I'm still not 100% sure they have started sending actual subpoenas instead of those documents they called subpoenas but weren't. Can you explain this? Everything I've read has stated a vote is not required. A lot of right wing people keep claiming she needs to do a vote, but why? What does that change when the house already has the power to investigate/subpoena etc? Whether or not it's required doesn't matter to what I'm saying. There is normal, historical procedure for an inquiry. They aren't following it. And all their changes make it look more like a partisan witch hunt than the serious matter they all say it is. Combine that with the fact that people like Nadler have been claiming their work is impeachment related for months, or that they want the "whistleblower" to be permanently anonymous, and it stinks even more. Do you not feel the hypocrisy as you ask for "normal, historical procedure"? When someone has done away with all of this you can't do what is normal historical procedure because his lap dog in the Senate already said how he would deal with it, not that he would look seriously into it. It is clear that partisanship rules both parties and the Reps even more. So they are doing the only thing they logically can which is make it so irrefutable that Trump loses his partisan support before sending it on. Any republican who even remotely supports Trump at this point asking for normal historical procedure with a straight face is either beyond the reach of logic or completely uninformed on how their president has been operating. And what norm are they persevering by breaking the ones they are? There is so much Democratic hypocrisy on this front, but I'm sticking to impeachment. How can Nancy Pelosi go out and sanctimoniously lecture us on her constitutional duty while her and her party are trying to avoid responsibility and accountability for it at all costs? Moreover, as I said, it's bad strategy, even with the media on her side. The more you make it look like a partisan abuse of constitutional power the more Trump is going to tell them off, and the more justified he will look doing it. We can tell how they think impeachment would actually go because we see them avoiding it for as long as possible. Moreover, if this continues and they pass the articles under their current process, McConnell and the GOP in the senate will see it as justification to dismiss them right out of the gate, or at least clear Trump quickly. They have already said they will do that anyway. So this does not come off as paritsan it comes off as prudent. Anyone who sees it otherwise is so partisan themselves that there is no point. Had McConnell been sensible and said he would look at the evidence you may have a point, sadly he gave his verdict before he saw it.
You skipped straight to end. So it's prudent to do something you know will fail, and make it look more partisan in the process? This undercuts the whole reason they doing this, supposedly.
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United States24680 Posts
Sorry I used the word transcript to mean two different things. There's the Ukraine call transcript, and then there's the document the whistle-blower wrote up in the act of blowing the whistle. Anyway, aside from that clarification, I completely reject your thesis due to it being wrong and you making almost zero effort to reconcile the obvious incompatibility between our cases.
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Put it this way: the consequences of this process are weighted more heavily than the benefits of the WB's anonymity.
edit: I think I have some sort of a case here because the Democrats in the House want him to testify. Clearly they think they need more than the report.
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United States24680 Posts
The consequences of the "process" are irrelevant. The evidence speaks for itself. The fact that someone pointed their finger in a given direction resulting in evidence being found does not necessitate digging into who they are publicly. Again, this does not defend those who have inappropriately used what the whistle-blower wrote for partisan reasons.
edit: If they actually do testify, even in a private hearing, that could change the circumstances, but I have not been arguing about that.
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On October 11 2019 11:55 micronesia wrote: The consequences of the "process" are irrelevant. The evidence speaks for itself. The fact that someone pointed their finger in a given direction resulting in evidence being found does not necessitate digging into who they are publicly. Again, this does not defend those who have inappropriately used what the whistle-blower wrote for partisan reasons.
edit: If they actually do testify, even in a private hearing, that could change the circumstances, but I have not been arguing about that.
ok, my last word and I'll leave you alone.
His testimony is part of the evidence, and to evaluate it is another reason we need to know who he is and a lot about him (and the people he talked to who had a similar interpretation of the call).
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On October 11 2019 12:05 JimmiC wrote:Show nested quote +On October 11 2019 11:50 Introvert wrote:On October 11 2019 11:40 JimmiC wrote:On October 11 2019 10:50 Introvert wrote:On October 11 2019 09:29 JimmiC wrote:On October 11 2019 09:11 Introvert wrote:On October 11 2019 09:01 crms wrote:On October 11 2019 08:54 Introvert wrote:On October 11 2019 08:23 Sermokala wrote: I don't know what you're expecting from politics modoo. You're loyal to the leader, when that leader leaves and is no longer the leader what is there to be loyal to or for? When the next leader is chosen you are then loyal to them as long as they're the leader. On the other hand they refuse to take a vote and spent weeks sending angry letters that didn't have any actual force. I'm still not 100% sure they have started sending actual subpoenas instead of those documents they called subpoenas but weren't. Can you explain this? Everything I've read has stated a vote is not required. A lot of right wing people keep claiming she needs to do a vote, but why? What does that change when the house already has the power to investigate/subpoena etc? Whether or not it's required doesn't matter to what I'm saying. There is normal, historical procedure for an inquiry. They aren't following it. And all their changes make it look more like a partisan witch hunt than the serious matter they all say it is. Combine that with the fact that people like Nadler have been claiming their work is impeachment related for months, or that they want the "whistleblower" to be permanently anonymous, and it stinks even more. Do you not feel the hypocrisy as you ask for "normal, historical procedure"? When someone has done away with all of this you can't do what is normal historical procedure because his lap dog in the Senate already said how he would deal with it, not that he would look seriously into it. It is clear that partisanship rules both parties and the Reps even more. So they are doing the only thing they logically can which is make it so irrefutable that Trump loses his partisan support before sending it on. Any republican who even remotely supports Trump at this point asking for normal historical procedure with a straight face is either beyond the reach of logic or completely uninformed on how their president has been operating. And what norm are they persevering by breaking the ones they are? There is so much Democratic hypocrisy on this front, but I'm sticking to impeachment. How can Nancy Pelosi go out and sanctimoniously lecture us on her constitutional duty while her and her party are trying to avoid responsibility and accountability for it at all costs? Moreover, as I said, it's bad strategy, even with the media on her side. The more you make it look like a partisan abuse of constitutional power the more Trump is going to tell them off, and the more justified he will look doing it. We can tell how they think impeachment would actually go because we see them avoiding it for as long as possible. Moreover, if this continues and they pass the articles under their current process, McConnell and the GOP in the senate will see it as justification to dismiss them right out of the gate, or at least clear Trump quickly. They have already said they will do that anyway. So this does not come off as paritsan it comes off as prudent. Anyone who sees it otherwise is so partisan themselves that there is no point. Had McConnell been sensible and said he would look at the evidence you may have a point, sadly he gave his verdict before he saw it. You skipped straight to end. So it's prudent to do something you know will fail, and make it look more partisan in the process? This undercuts the whole reason they doing this, supposedly. No they need to make it irrefutable so that the public turns or the GOP does. Otherwise there is no point.
Removing a president should always be based on something irrefutable, or almost irrefutable. But the waters get pretty muddy when it looks like the opposition majority in the House refuses to follow tradition or be transparent while talking about their solemn constitutional duty.
There are only two reasons I can see for doing it the way they are:
1. Count on the media to back them up and not question them about it, allowing their own spin on events.
2. believing that it would be even worse politically to straight up hold the vote and have an open process.
Neither are inspiring.
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On October 11 2019 12:29 JimmiC wrote:Show nested quote +On October 11 2019 12:23 Introvert wrote:On October 11 2019 12:05 JimmiC wrote:On October 11 2019 11:50 Introvert wrote:On October 11 2019 11:40 JimmiC wrote:On October 11 2019 10:50 Introvert wrote:On October 11 2019 09:29 JimmiC wrote:On October 11 2019 09:11 Introvert wrote:On October 11 2019 09:01 crms wrote:On October 11 2019 08:54 Introvert wrote: [quote] On the other hand they refuse to take a vote and spent weeks sending angry letters that didn't have any actual force. I'm still not 100% sure they have started sending actual subpoenas instead of those documents they called subpoenas but weren't.
Can you explain this? Everything I've read has stated a vote is not required. A lot of right wing people keep claiming she needs to do a vote, but why? What does that change when the house already has the power to investigate/subpoena etc? Whether or not it's required doesn't matter to what I'm saying. There is normal, historical procedure for an inquiry. They aren't following it. And all their changes make it look more like a partisan witch hunt than the serious matter they all say it is. Combine that with the fact that people like Nadler have been claiming their work is impeachment related for months, or that they want the "whistleblower" to be permanently anonymous, and it stinks even more. Do you not feel the hypocrisy as you ask for "normal, historical procedure"? When someone has done away with all of this you can't do what is normal historical procedure because his lap dog in the Senate already said how he would deal with it, not that he would look seriously into it. It is clear that partisanship rules both parties and the Reps even more. So they are doing the only thing they logically can which is make it so irrefutable that Trump loses his partisan support before sending it on. Any republican who even remotely supports Trump at this point asking for normal historical procedure with a straight face is either beyond the reach of logic or completely uninformed on how their president has been operating. And what norm are they persevering by breaking the ones they are? There is so much Democratic hypocrisy on this front, but I'm sticking to impeachment. How can Nancy Pelosi go out and sanctimoniously lecture us on her constitutional duty while her and her party are trying to avoid responsibility and accountability for it at all costs? Moreover, as I said, it's bad strategy, even with the media on her side. The more you make it look like a partisan abuse of constitutional power the more Trump is going to tell them off, and the more justified he will look doing it. We can tell how they think impeachment would actually go because we see them avoiding it for as long as possible. Moreover, if this continues and they pass the articles under their current process, McConnell and the GOP in the senate will see it as justification to dismiss them right out of the gate, or at least clear Trump quickly. They have already said they will do that anyway. So this does not come off as paritsan it comes off as prudent. Anyone who sees it otherwise is so partisan themselves that there is no point. Had McConnell been sensible and said he would look at the evidence you may have a point, sadly he gave his verdict before he saw it. You skipped straight to end. So it's prudent to do something you know will fail, and make it look more partisan in the process? This undercuts the whole reason they doing this, supposedly. No they need to make it irrefutable so that the public turns or the GOP does. Otherwise there is no point. Removing a president should always be based on something irrefutable, or almost irrefutable. But the waters get pretty muddy when it looks like the opposition majority in the House refuses to follow tradition or be transparent while talking about their solemn constitutional duty. There are only two reasons I can see for doing it the way they are: 1. Count on the media to back them up and not question them about it, allowing their own spin on events. 2. believing that it would be even worse politically to straight up hold the vote and have an open process. Neither are inspiring. As mentioned early each of the four impeachments was different. The Democrats are not being hypocrites by playing within the rules. You are just frustrated that it is working and have now created a honorable tradition or some BS to create hypocrisy. It is amazing to me that you can't see how partisan this line of thinking is. Especially when it the leader of your party who is actually breaking actual rules on a daily basis. And would not know what was honorable or how to follow tradition if it hit him square in the face. He is quite literally famous for doing the opposite.
IIRC in each case there was a formal vote by the entire House, and also I think in each case the minority party was allowed to call witnesses and issue subpoenas. Maybe in the 19th century things were a little more up in the air.
I like Jonthan Turley's phrase (he was involved in the Clinton impeachment) "immaculate impeachment." He also brings up a good point: this is Congress once again, refusing responsibility and making itself impotent.
Casual or cowardly? Pelosi takes dangerous road to impeachment
Members of Congress have long been defined by two contradictory attributes of the constitutional power of voting and the consistent effort to avoid using it. Voting means being accountable, and politicians are not big on personal accountability. That is why members have effectively removed the requirement for a legislative declaration of war from the Constitution. Instead, in all except a handful of wars, Congress has used open-ended resolutions to start wars in places such as Afghanistan and Iraq, preserving later denials of responsibility while supporting popular wars.
Now, the House of Representatives appears on the verge of doing the same with impeachment. If war is the continuation of politics by other means, impeachment may soon follow as the House does away with any need for an initial vote of its members. The change in the process for presidential impeachment is the focus of a planned letter from the White House that will tie demands from Congress for evidence to a vote of the full House. It is a case of passive aggression meets active avoidance.
With great fanfare, House Speaker Nancy Pelosi (D-Calif.) said that an impeachment “inquiry” would begin. For those of us who have practiced in the area of impeachment, it was a curious moment. Reporters immediately called to ask if all it takes is a unilateral announcement of something called an impeachment “inquiry.” The answer is as murky as the motivation to avoid the traditional vote of the House to start an impeachment investigation.
On its face, the Constitution does not require anything other than a majority vote of the House to impeach a president. It is silent on the procedures used to reach that vote, and courts have largely deferred to Congress to create its own internal rules and processes in fulfilling constitutional functions. Historically, a vote of the chamber as a whole was required to commit a matter to the House Judiciary Committee or a select committee for an impeachment investigation of a sitting president.
The reason for that traditional practice is obvious. Before the House takes the momentous step toward impeachment of an American president, all of its members should be on record with that consequential action. Whether it was former President Nixon or former President Clinton, House members felt a responsibility to vote on whether to start the process.
The “impeachment by press conference” action of Pelosi is an entirely new animal. After her press conference, I told The Washington Post that this was not any recognizable process and that the approach taken by Democrats on presidential impeachment was “casual to the point of being conversational.” It would allow a type of immaculate impeachment that suddenly comes to life by the unilateral declaration of the speaker.
That practice would substantially reduce the burden of members in starting this process and make future impeachments all the more easy to commence. That could come at a great cost for the country, which, despite periods of such intense and bitter division, has always treated presidential impeachments as a collective and weighty decision for the entire House. The decision to avoid a full vote robs the House of the legitimacy and substance that comes from a vote of the entire body.
The current impeachment “inquiry” rests on the authority of one person. Until the entire body votes, it remains the Pelosi impeachment effort rather than a House impeachment process. While Democrats are counting on the courts to follow their traditional deference to the House on this question, the abandonment of the traditional vote in the House will undoubtedly give pause to some judges who are asked to override legal barriers to gain access to executive branch and grand jury material.
I testified months ago before the House Judiciary Committee on these very conflicts and encouraged it to secure a vote of the chamber to start an impeachment investigation before fighting these issues in court. While it has oversight authority that can override executive privilege arguments, an impeachment process puts the authority of Congress at its apex under the Constitution. This is important in securing grand jury material, a controversial and uncertain source of evidence for the committee.
There are other overly casual aspects to the Pelosi effort. It rests on the idea that the involved committees already have been given authority to conduct an impeachment inquiry. But they have not. The House Judiciary Committee has oversight authority that has been given to it in Section Two of Article One. However, the impeachment powers and the attendant deference by the courts also rest in Section One of Article One. In demanding grand jury material, a court could find that the only clear authority of the committee is oversight, not impeachment, powers.
The greatest danger, however, is to the process of impeaching the president. This casual unilateral approach will make impeachment more likely to become an extension of politics. The framers worked hard to avoid the use of impeachment as an impulsive or partisan device. That is what is likely to come from this new informal path created by Pelosi.
A majority of Democrats are now on the record supporting impeachment. They should get their votes on the record, and the House should remove the legitimacy questions created by Pelosi. There are valid issues to be investigated in the Ukrainian phone call of President Trump. If proved, these allegations would constitute impeachable offenses. The House, however, should lay a proper unassailable foundation for that process.
If there is any step that warrants formality, it is the impeachment of the president of the United States. That is hardly convenient for members of Congress who want to wait and see if impeachment is popular. But there still comes a point when casual becomes little more than cowardice.
https://thehill.com/opinion/judiciary/464492-casual-or-cowardly-pelosi-takes-dangerous-road-to-impeachment
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On October 11 2019 11:16 Introvert wrote:Show nested quote +On October 11 2019 11:08 micronesia wrote: Introvert, the American public doesn't need to accept the words of an anonymous CIA agent. They can just accept the evidence that is discovered when the whistle-blower causes investigators to take a look at the incidents in question. For example, the transcript of the Ukraine call was released after and at least partly as a result of the whistle-blower blowing the whistle. Who the whistle-blower is doesn't change the content of the Ukraine transcript, regardless of your opinion of the transcript itself. To out this whistle-blower without his consent is to all but eliminate whistle-blowing. yes, if we are going to use them to remove duly elected presidents, we are going to have find out who they are. Absolutely. The whistle blower is the source of much of this, his supposed concern and consternation is the impetus. This is an inherently political process, used in political ways, for political ends. Therefore, we ought to see as much of it as possible. You are treating this as some criminal trial, but as we have all been reminded ad nauseum the past few weeks, this is not a criminal proceeding. The investigators are not to have their credibility assumed.
This is very silly. If someone told you "that chemical plant is poisoning the water," then you went and tested and, yep, the water is poisoned, what possible difference does the identity of the whistleblower make?
It's such an obvious distraction it shouldn't be taken seriously.
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How does someone with a straight face say that exposing the whistleblower, after trump himself made threats against him, after what happened to epstein, is the "right thing to do?" Your guy, the president, literally threatened the whistleblower. What possible good reason could there be to expose him to the public? He said his thing, he pointed in the direction of corruption, it has been found and is being investigated. The republicans are just foaming at the mouth for the whistle blower to get exposed so trump can go and rage about him on twitter and pay off somebody to go silence him.
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