Stating the hard truth . Documented Encouragement by Trump of his staff to refuse to co operate with 2020 Congressional summons also impeachable
This is a counter narrative to legal fiction which if left unchallenged would permit Donald Trump to murder people at will with no consequences for him, if he defines such actions as acting in "the national interest".
Dershowitz is proposing giving Trump life and death powers over billions of people with no consequences for Trump if mayhem ensues. It is time to read the following pieces with the 2nd being a well written CNN article.
The reason for the push back is this. Establishing the Dersowitz "doctrine" would allow Trump to murder perceived "opponents" at will. This is an abomination.
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DOJ lawyer argues that ignoring subpoenas is in itself an impeachable offense
Published 7 mins ago on January 30, 2020
By Sky Palma
In federal court this Thursday, a Justice Department lawyer said that ignoring subpoenas is an impeachable offense — an opinion that directly contradicts arguments put forth by President Trump’s lawyers at his Senate trial this week, CNN reports.
As CNN points out, the topic came up during a court hearing over the unsuccessful attempt by the Trump administration to add a citizenship question to the 2020 census. The House Oversight Committee sued the Justice Department and Commerce Department in November in a effort to have its subpoenas for documents enforced.
According to CNN, Justice Department lawyer James Burnham was asked by a federal judge what the House can do to enforce its subpoenas, to which Burnham replied that the House can use its impeachment powers, among other options.
Trump is charged with abusing his power and obstructing Congress by ordering his aides to defy subpoenas. According to Trump’s lawyers, the obstruction charge is without merit because Trump was lawfully protecting the executive branch from Congress’s requests for documents and testimony.
Read the full report over at CNN.
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Now here is the CNN report
https://www.cnn.com/2020/01/30/politics/trump-impeachment-subpoena-hearing/index.html
quote
In contrast with Trump legal team, Justice Department lawyer says House can impeach over defied subpoenas
By Marshall Cohen, CNN
Updated 2:16 PM ET, Thu January 30, 2020
Washington (CNN)A Justice Department lawyer said Thursday in federal court that the House can impeach a president over ignored subpoenas, a noted contrast to what lawyers for President Donald Trump are arguing at his Senate impeachment trial this week.
Asked by a federal judge what the House can do to enforce its subpoenas, Justice Department lawyer James Burnham said without hesitation that the House can use its impeachment powers, among other options, like withholding appropriations.
Trump is fighting charges of abuse of power and obstructing Congress for ordering his aides to defy subpoenas. They've argued in the Senate that the obstruction charge is preposterous, because Trump was lawfully protecting the executive branch in a dispute with Congress over documents and testimony.
In response to Burnham's suggestion about impeachment, Judge Randolph Moss responded, "that is really not a great state of affairs for this country," if the House should impeach the President over every subpoena that his administration ignores.
The topic came up in a court hearing about the 2020 census. The House Oversight Committee sued the Justice Department and Commerce Department in November, asking a judge to enforce its subpoenas for documents. The case revolves around the controversial and ultimately unsuccessful attempt by the Trump administration to add a citizenship question to the census.
Even though the case isn't about impeachment, the judge's actions could influence other impeachment-related cases. Several cases on related issues are currently being litigated.
Moss repeatedly pressed Burnham to explain what the House can do if a subpoena is ignored -- and if they don't have many options, the subpoenas are more like voluntary requests. The Justice Department has argued that the House can't ask the courts to enforce subpoenas.
Throughout the impeachment inquiry, Trump's lawyers urged senators to acquit Trump on the obstruction charge, which House Democrats approved after Trump told senior aides not to testify, even those with firsthand knowledge in the Ukraine affair. He also directed the State Department and Pentagon, and other agencies, not to hand over subpoenaed documents.
"Mere assertion of a privilege or objection in a legitimate interbranch dispute is a constitutional prerogative," Trump lawyer Robert Ray said Monday. "It should never result in an impeachable offense for abuse of power or obstruction of Congress."
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The prerogative being claimed would allow Trump to have life and death power over billions of people in the world today, which would not be subject to review.
If you think this is a stretch, read carefully this passage in the CNN article, i.e. the Trump lawyer claim
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"Mere assertion of a privilege or objection in a legitimate interbranch dispute is a constitutional prerogative," Trump lawyer Robert Ray said Monday. "It should never result in an impeachable offense for abuse of power or obstruction of Congress."
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This idiot doctrine would allow Trump to incarcerate those whom he disliked at will, to kill those he wants to die at will, and to terrorize CONUS by Austrowitz style death camps, with impunity.
Anyone whom thinks this is what Trump should get this power should read the following book
https://www.amazon.com/Rise-Fall-Third-Reich-History/dp/1451651686
Quote?
The Rise and Fall of the Third Reich: A History of Nazi Germany Reissue Edition
by William L. Shirer (Author), Ron Rosenbaum (Introduction)
4.7 out of 5 stars
ISBN-13: 978-1451651683
ISBN-10: 1451651686
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Andrew Beckwith, PhD