More of the Impeachment Hearing

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Real Estate Technology with Carmody and Associates LLC

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The House Managers have completed their 24hours (they actually used 21 hours), the Counselors for the President have completed their opening statements (in considerably less time, by the way) and the Senators have had 16 hours to ask questions - submitted to the Chief Justice who read them to the Senate and permitted either the House Managers, the President's team or both to respond to the questions for 16 hours.  

WeathervaneTomorrow (Friday, January 30, 2020) the Senate will vote on the question of new witnesses being subpoenaed or new documents.  Up to this time, the Senate has had to rely on the record submitted by the House of Representatives with the Articles of Impeachment, public records (to include Court Cases and the Mueller report) or news in the public domain.  

The President's team did a particularly good job of answering the question of new witness presentation.  The responsibility to investigate questions of Impeachment of the President can arise in a variety of methods, but ultimately it must be reported to the House Judiciary Committee to complete the investigation and draft the Articles of Impeachment.  The Senate or the House may authorize the appropriate committees to investigate allegations of wrongdoing by the President or an investigation from the Executive branch can be conducted by the Department of Justice or by a Special Prosecutor such as the Mueller report.  In the era of Bill Clinton's Impeachment, an Independent Prosecutor was appointed by the Department of Justice which was required to report to the Congress as did the Ken Starr investigation and report in 1999 involving the investigation of the President and the subsequent Impeachment of Bill Clinton.  The Independent Counsel statute requiring the report to the House of Representatives has expired and been replaced in current law by the Special Counsel which requires a special counsel to be appointed by the Attorney General who is the recipient of the report (for example, the Mueller Report).  It is at the discretion of the Attorney General whether he releases the report to Congress or to the public.  In the most recent example, the Mueller report, the Attorney General released the report both to Congress and to the public.

political partiesWherever the investigation is conducted, the findings are ultimately reported to the House Judiciary Committee to complete the investigation and to draft the Articles of Impeachment, if any.  The President's Team argued that the whole House must authorize the appropriate committee(s) of the House to conduct the final investigation and to provide a record upon which the Senate Hearing will rely in the Senate trial.  It is interesting that Special Prosecutors or Senate or House Committees have staff support and do not prevent business as usual from being conducted.  The Senate Trial uses the entire Senate acting as a committee of the whole and presided over by the Chief Justice of the US Supreme Court for the duration of the trial which would make the process of providing additional investigation in the form of new witness production or the presentation of additional documents during the trial would put an undue burden on the Senate as all Senators must be on the floor of the Senate while the Senators are sitting as jurors in the Impeachment case and the Chief Justice would be removed from his duties in the Supreme Court during the pendency of the proceedings. 

However, it will fall to the Senate to vote on the introduction of new witnesses or documents tomorrow.  And, assuming that the Majority Leader has sufficient votes to stop the presentation of new witnesses or documents, (not a definitive call at this point in time) that may be the sole procedural item to be attended to.  In that event, the Senate will proceed to move to the consideration of the Articles of Impeachment.  After the Senate considers each Article individually, and the votes are tabulated, this example of political theater will be concluded.   

ApplauseThe vote on presentation of new witnesses or documents will require a simple majority vote of Senators present and voting (not a sure thing at this point in time) while the final votes on the Articles of Impeachment require a 2/3 majority of the Senators present and voting (assumed to be 67 votes - a higher bar).  So if the Majority Leader can hold the line on the witness and documents vote, then we will see the final vote late tomorrow.  If additional witnesses and documents are passed, then there will be a longer delay as we decide which witnesses and documents are required.  

It is my personal opinion that the long term good of the country will be better served with an acquittal of the President on all counts.  I do not believe that the Articles of Impeachment, as prepared by the House of Representatives, meet the standards of treason, bribery or other high crimes or misdemeanors as required by the US Constitution.  This does not mean that the House is prevented from filing new Articles of Impeachment in the near future.  It does mean that I believe that these articles fail on evidence, procedure and process to remove a sitting President from office and overturn the votes of nearly 62 million Americans who should be heard.

 

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Rainmaker
231,249
Deepak Chauhan
Versailles Property - Irvine, CA
Irvine, CA ... the place to be

There is nothing political about this whole thing, it is all about, only my way is the right way. How does it matter whether bub is impeached or not, the audience already has their own opinions. Again if things take the turn to their way, they will be contented, otherwise, they will keep scrutinizing the politicians. Who are just instruments of "my way is the right way". Just witness it and not get so immersed, after all, all of us may not be very good swimmers. 

Just thinking aloud! You put in some time on this Ted, thx

Jan 30, 2020 09:56 PM #1
Rainmaker
437,371
Ted Baker
Carmody and Associates LLC - Winter Haven, FL
MidFloridaMediation.com

Thanks for stopping by, Deepak. 

This was my third article on the process of Impeachment - be sure and check my list of recent articles.  I would welcome your comments on the others as well. 

Jan 30, 2020 10:06 PM #2
Rainmaker
231,249
Deepak Chauhan
Versailles Property - Irvine, CA
Irvine, CA ... the place to be

Will do, the situation should not have escalated to this extent.

Jan 30, 2020 10:16 PM #3
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Rainmaker
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Ted Baker

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