Philbin isn't a dynamic speaker, but he is very clear and moves at a measured pace. It's well worth the listen for anyone who wants a clear exposition of the legal and constitutional issues at stake.
Basically, Philbin points out:
1) The Constitution grants the power of impeachment to the House as a body--not to an individual (the Speaker) or to any committee. That means that a vote must be taken by the House as a whole, since a legislature acts by vote.
2) Since no vote authorizing an impeachment inquiry was taken by the House, purported "subpoenas" issued by the House in this matter are simply invalid. Those "subpoenas" were rightfully rejected by the President, whose duty it is to defend the constitutional powers and prerogatives of his office.
3) The refusal by the President to make his officials available goes beyond "executive privilege" and gets to the heart of the Constitution--separation of powers. As such, the president is asserting not merely a privilege but an absolute immunity from compelled testimony, as a defense against a tyrannical Legislative Branch. Philbin cites AG Janet Reno to that effect.
4) The Constitution divides the duties of the re impeachment. The House investigates and votes on impeachment, while the Senate, acting as a court, conducts a trial on the evidence presented. Pelosi is attempting to unconstitutionally bend the Senate to the will of her Dem House by demanding that the Senate conduct the investigation that the Dem House didn't see fit to conduct. The Senate must reject this attempted coup against the Constitution.
Schiff and the other House types kept the drumbeat going on “subpoenas” when all the time they knew that, without a formal impeachment inquiry authorized by the full body, they were not able to obtain legal subpoenas with the penalties that accompany them. Instead they sent “request letters” which apparently threatened subpoenas. It was up to the recipients to determine whather they’d comply or not. No penalties. And only the Judicial Committee could have gone to court for subpoenas.
ReplyDeleteSchiff is many bad things. Among them he is a flagrant bluffer. Those who have followed him into this morass are showing their own unbelievable ignorance. Some have been in the Congress for many years so have no excuse. His trumpeting about subpoenas was a bluff.
The arrogance is really amazing. It's not as if Trump and McConnell don't have world class legal advice. Maybe it comes from living inside a liberal echo chamber.
DeleteGreat presentation.
ReplyDeleteDare we hope that she might do the unexpected:
ReplyDeleteFor those reading Murkowski tea leaves, just asked her about witnesses and exec privilege: "The House made a decision that they didn't want to slow things down by having to go through the courts. And yet now they're basically saying you guys gotta go through the courts…" 1/2
— Jeremy Herb (@jeremyherb) January 23, 2020
Murkowski continued: "We didn't, but we need you to." 2/2
— Jeremy Herb (@jeremyherb) January 23, 2020
https://www.breitbart.com/politics/2020/01/23/live-updates-trump-impeachment-trial-dems-to-focus-on-abuse-of-power/
She needs the cover of appearing to act on well considered principles. Fortunately the Dems are making it very easy for her.
DeleteSchiff is a horribly evil and contemptible man who knows that his base is composed of sheep who believe fake news.
ReplyDeleteHe'd be at home in the old Soviet Union as Minister of Disinformation.
A quick thought about the MSM slobbering over Schiff's "dazzling" performance and recitation of "the facts."
DeleteIf Schiff had any actual evidence, the MSM would talking about it non-stop, instead of continuous swooning and babbling of hagiographical twaddle about his "performance."
An impeachment bereft of a crime, a prosecution argument starved of evidence.
It's like listening to a sportscaster droning on about the dazzling talent of the baseball player's ability to swing a bat.... ignoring the fact he struck out 5 times in the game.
Ted Cruz or somebody said the other day: If you have the law, you hammer the law, if you have the facts, you hammer the facts, if you have neither you hammer the table.
DeleteSadly as we have seen so many times of late... the Constitution serves as little guidance to a maniacal delusional leftist politician and their financial sources. I pray that our voting population corrects the behavior of the Socialist Democrats by tossing them out of office!
ReplyDelete