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Author Topic: Impeaching Donald Trump  (Read 324034 times)

faberryman

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Re: Impeaching Donald Trump
« Reply #1880 on: December 06, 2019, 04:44:44 pm »

But, until the refusal is challenged in the courts and the courts says that person must testify, there is nothing illegal about not testifying.
Illegal activity is not inchoate until ruled on by a court.
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JoeKitchen

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Re: Impeaching Donald Trump
« Reply #1881 on: December 06, 2019, 04:50:36 pm »

Illegal activity is not inchoate until ruled on by a court.

It is not obstruction to not testify until you are ordered to by the courts.  You are allowed to challenge subpoenas. 

The illegal activity, is this case, does not begin until there is refusal to follow a court order. 

The courts have not ruled on any challenges to subpoenas by Trump surrogates. 

As of matter of fact, the only subpoena that has been challenged that is now in court is Bolton's.  No other refusals have been brought to the courts by the house.  I don't even think the house brought Bolton's to the courts, but that Bolton went to the courts himself to see if he can testify, admittedly not a good sign if this is the case. 
« Last Edit: December 06, 2019, 05:01:31 pm by JoeKitchen »
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BernardLanguillier

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Re: Impeaching Donald Trump
« Reply #1882 on: December 06, 2019, 06:32:38 pm »

Slobo, The three lawyers did take a position and said the president was guilty and deserved to be impeached.  See my post #1846.

Do you understand the difference btw a lawyer and a professor of law in the world’s top universities?

And no, contrary to what you are saying, they have not formulated any partisan opinion about Trump’s guilt. They have just explained what the law says. And it says that the deeds Trump is accused of are impeachable.

Cheers,
Bernard
« Last Edit: December 06, 2019, 06:38:34 pm by BernardLanguillier »
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BernardLanguillier

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Re: Impeaching Donald Trump
« Reply #1883 on: December 06, 2019, 06:36:34 pm »

It is not obstruction to not testify until you are ordered to by the courts.  You are allowed to challenge subpoenas. 

The illegal activity, is this case, does not begin until there is refusal to follow a court order. 

The courts have not ruled on any challenges to subpoenas by Trump surrogates. 

As of matter of fact, the only subpoena that has been challenged that is now in court is Bolton's.  No other refusals have been brought to the courts by the house.  I don't even think the house brought Bolton's to the courts, but that Bolton went to the courts himself to see if he can testify, admittedly not a good sign if this is the case.

Since common sense seems to be something you value highly, how do you typically judge people who try to escape testimony under oath?

Let me answer that for ya... you see them as having something to hide.

By far the easiest way to debunk a political plot if it were one would have been to accept the requests to testify and to just tell the truth. What’s to be afraid of?

Cheers,
Bernard
« Last Edit: December 06, 2019, 06:40:23 pm by BernardLanguillier »
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Alan Klein

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Re: Impeaching Donald Trump
« Reply #1884 on: December 06, 2019, 06:56:12 pm »

Since common sense seems to be something you value highly, how do you typically judge people who try to escape testimony under oath?

Let me answer that for ya... you see them as having something to hide.

By far the easiest way to debunk a political plot if it were one would have been to accept the requests to testify and to just tell the truth. What’s to be afraid of?

Cheers,
Bernard
You're assuming the impeachment hearing was fair, honest and above board.  Trump or anyone else would be a fool to testify in a hearing where the people in charge are your enemy, who act as prosecutor, judge and jury.  If Democrats in Congress had nothing to fear, then they would let Republicans bring their own witnesses to the impeachment hearing and allow certain cross-examination that they refused the Republicans to have.  Maybe Trump should go to Congress with a rope to make it even easier for the Democrats to hang him. 

Alan Klein

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Re: Impeaching Donald Trump
« Reply #1885 on: December 06, 2019, 06:59:23 pm »

Additionally, in America we understand that the accused, including presidents, don't have to prove themselves innocent.  It's up to the prosecutors to prove people guilty.  And the accused do not have to appear.  If Biden, either one, is called to testify in the Senate, what will be your argument if they refuse to testify?

Alan Klein

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Re: Impeaching Donald Trump
« Reply #1886 on: December 06, 2019, 07:07:01 pm »

Do you understand the difference btw a lawyer and a professor of law in the world’s top universities?

And no, contrary to what you are saying, they have not formulated any partisan opinion about Trump’s guilt. They have just explained what the law says. And it says that the deeds Trump is accused of are impeachable.

Cheers,
Bernard
So Bernard, you agree with me that the professors said that Trump should be impeached.   They defended the Democrats position to impeach and opposed Trump. Would anyone expect these biased professors to say anything different since they were invited by the president's enemies, the Democrats,  to testify??  It's only politics.  Duh!

JoeKitchen

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Re: Impeaching Donald Trump
« Reply #1887 on: December 06, 2019, 08:21:26 pm »

Since common sense seems to be something you value highly, how do you typically judge people who try to escape testimony under oath?

Let me answer that for ya... you see them as having something to hide.

By far the easiest way to debunk a political plot if it were one would have been to accept the requests to testify and to just tell the truth. What’s to be afraid of?

Cheers,
Bernard

Common sense ...... no. 

Logic ... yes. 

Although you could argue that it is common sense that a person who does not want to testify is guilty, it certainly is not logical.  Actually it is referred to as the "presumption of guilt" fallacy, with fallacy being the key word there.  Presuming someone is guilty, especially if they do not choose to testify, is an universally logical fallacy that even the world court upholds. 

The problem is there have been lots of cases where someone does not testify only to be found undeniably innocent later on. 

And lets not forget that the Maranda rights state that everything can and will be used against you.  If it is obvious that a large portion of those coming after you have been seething for this moment, why give them anything?  ???  It is actually considered smart to to shut your mouth and lawyer up. 
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Chris Kern

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Re: Impeaching Donald Trump
« Reply #1888 on: December 06, 2019, 08:41:48 pm »

Hearsay: information received from other people that one cannot adequately substantiate; rumor.

It's not easy to formulate a simple, comprehensive, non-technical definition of the hearsay rule in U.S. federal procedure, but the basic idea is that, by default, the court will not admit as evidence the testimony of a witness regarding a statement the witness heard from a third party if the testimony is offered to prove the truth of the third-party statement.  However, there are numerous exceptions to the hearsay rule.

It is important to remember that an impeachment is not a criminal trial.  It is not judicial proceeding.  It is a legislative process that was designed to provide a check against abuse of power by the president, vice president, and other "civil officers" of the United States (e.g., federal judges, cabinet members and other appointive officials, etc.).

If hearsay evidence is offered during a Senate impeachment trial of President Trump, the presiding officer―U.S. Chief Justice John Roberts―would need to rule on whether the evidence is admissible.  I would expect Justice Roberts to be generally guided by the federal rules of evidence in situations such as this, but also for him to exercise considerable discretion in applying the rules, especially if the White House continues to prevent knowledgeable witnesses from testifying.  And since this would only be the third removal proceeding for a U.S. president, I think any attempt to predict how he would rule on any particular proffer of evidence amounts to pure conjecture.

Slobodan Blagojevic

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Re: Impeaching Donald Trump
« Reply #1889 on: December 06, 2019, 08:59:51 pm »

Seems Biden campaing is done even before it started. The culprit? No, not Ukraine. One word.

Joe Biden’s ‘No Malarkey!’ Tour ☘️

Malarkey...seriously?  Sounds like a word from a 1930s/40s B&W movie.🎥  He must be going after the 90-something Irish-American vote.  ;D ;D ;D

JoeKitchen

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Re: Impeaching Donald Trump
« Reply #1890 on: December 06, 2019, 09:39:46 pm »

Seems Biden campaing is done even before it started. The culprit? No, not Ukraine. One word.

Joe Biden’s ‘No Malarkey!’ Tour ☘️

Malarkey...seriously?  Sounds like a word from a 1930s/40s B&W movie.🎥  He must be going after the 90-something Irish-American vote.  ;D ;D ;D

Biden's Popularity Skyrockets Among Coveted 1920s Working Class Demographic
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BernardLanguillier

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Re: Impeaching Donald Trump
« Reply #1891 on: December 07, 2019, 12:35:38 am »

So Bernard, you agree with me that the professors said that Trump should be impeached.   They defended the Democrats position to impeach and opposed Trump. Would anyone expect these biased professors to say anything different since they were invited by the president's enemies, the Democrats,  to testify??  It's only politics.  Duh!

No.

Cheers,
Bernard

BernardLanguillier

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Re: Impeaching Donald Trump
« Reply #1892 on: December 07, 2019, 12:38:57 am »

Common sense ...... no. 

Logic ... yes. 

Although you could argue that it is common sense that a person who does not want to testify is guilty, it certainly is not logical.  Actually it is referred to as the "presumption of guilt" fallacy, with fallacy being the key word there.  Presuming someone is guilty, especially if they do not choose to testify, is an universally logical fallacy that even the world court upholds. 

The problem is there have been lots of cases where someone does not testify only to be found undeniably innocent later on. 

And lets not forget that the Maranda rights state that everything can and will be used against you.  If it is obvious that a large portion of those coming after you have been seething for this moment, why give them anything?  ???  It is actually considered smart to to shut your mouth and lawyer up.

Why would there be something to give if you have nothing to hide?

Apologies Joe, I fail to see any logic in your statements. You can certainly come up with some sort of unknown falacy to justify just about anything. It doesn’t make it the most likely story.

The plain and simple story is that if they had nothing to hide it would be overwhelmingly in their interest to testify.

I applaud the intellectual effort to try to go around this, that’s good fun, but isn’t it ample time to concede to the obvious truth by now?

Cheers,
Bernard
« Last Edit: December 07, 2019, 02:24:42 am by BernardLanguillier »
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Bart_van_der_Wolf

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Re: Impeaching Donald Trump
« Reply #1893 on: December 07, 2019, 04:07:01 am »

It is not obstruction to not testify until you are ordered to by the courts.  You are allowed to challenge subpoenas.

The illegal activity, is this case, does not begin until there is refusal to follow a court order.

That could be the case, I'll let lawyers decide that, but it's not in line with the oath of office, is it? To support and defend, is not the same as to frustrate the process.

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I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

The Constitution contains an oath of office only for the president. For other officials, including members of Congress, that document specifies only that they "shall be bound by Oath or Affirmation to support this constitution." In 1789, the First Congress reworked this requirement into a simple fourteen-word oath: "I do solemnly swear (or affirm) that I will support the Constitution of the United States."
« Last Edit: December 07, 2019, 04:24:37 am by Bart_van_der_Wolf »
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Bart_van_der_Wolf

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Re: Impeaching Donald Trump
« Reply #1894 on: December 07, 2019, 04:18:59 am »

[...]
The problem is there have been lots of cases where someone does not testify only to be found undeniably innocent later on.

But the witnesses are not being indicted. 
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JoeKitchen

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Re: Impeaching Donald Trump
« Reply #1895 on: December 07, 2019, 08:58:04 am »

Why would there be something to give if you have nothing to hide?

Apologies Joe, I fail to see any logic in your statements. You can certainly come up with some sort of unknown falacy to justify just about anything. It doesn’t make it the most likely story.

The plain and simple story is that if they had nothing to hide it would be overwhelmingly in their interest to testify.

I applaud the intellectual effort to try to go around this, that’s good fun, but isn’t it ample time to concede to the obvious truth by now?

Cheers,
Bernard

That is not how the rule of law works.  You need to prove guilt, not innocents.  As of now, there is not proof of intent, which is necessary for the bribery (or what ever they call it).  And the obstruction charges are completely non-existent since the courts have not ruled on any challenges yet. 

The case is very weak, and even the Dems know it.  That is why you have Schiff saying things like, "we cant afford to wait for the facts to come out!"  Perhaps because the facts dont back up the claims.  And then you have other Dems insisting "hearsay evidence can be much better then direct evidence."  Much better, really, who would have thought. 

Also, let's not forget exactly how unscrupulous Schiff has been.  He made up his version of the phone conversation and read it, with out explaining it was a made up, to the country during congress.  He lied about not knowing the identity of the whistleblower, and if you actually believe him I have a very nice bridge to sell you real cheap too.  He was just caught spying on the phone records of political rivals and reporters who do not cover the impeachment favorably for Dems.  It is obvious how corrupt he is; why even work with him. 

But regardless of how you feel about Trump's guilt or innocents, look at it politically. 

You are a foreigner, so you certainly are not seeing the day to day status of the Democratic party, but it is completely fractured between the progressives and the moderates, and no one has the ability to unite them like Obama did.  I have a lot of Dems in my family, moderates and progressives, and they are at each others throats more then they are with me.  So this issue is only going to break up the party more, which is already evident with moderate Dems showing 2nd thoughts.  Add to that absolutely no republican support; as a matter of fact, unlike the Dems, this issue has completely united the Republicans, even never-Trumpers in the party.  Also, according to recent polling, there is a drop in support in the purple districts, and swing states, amongst independents.  Last, when this moves to the Senate, the Dems will be giving up control to the Republicans, and Cocaine Mitch's house horrors will go into full swing, whom (let's be honest) is a master strategist.  Everyone knows how the Senate will vote at the end of it, which has some Dems out there now saying that there is no limit to how many times you can impeach a president, and they will simply find something else after this is over.  (I can see that quote being quite the effective RNC campaign ad come next year.) 

It is going to be a political disaster, especially considering the Dems have no legislation to campaign on next year.  If you cant see this, then you are simply allowing your ideology to blind your logic.  But the thing is, censure would have accomplished the direct opposite.  It would have united Dems (at least on this), fractured the Republicans, and then given the Dems some time left over to pass legislation. 

Fractured parties don't win national elections, and the rift forming in the Democratic party is immense.  It's making me think of the McGovern campaign. 
« Last Edit: December 07, 2019, 09:40:52 am by JoeKitchen »
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Robert Roaldi

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Re: Impeaching Donald Trump
« Reply #1896 on: December 07, 2019, 09:22:08 am »

What would it say about US democracy if this had not been uncovered and Trump had been able to use the power of office to coerce another nation into causing political harm to one of his opponents? Do you think this is good thing? Do you think he should be allowed to get away with trying to do this? Do you really believe that protecting "your" guy is that important?

Just because you win an election doesn't mean you can do whatever you want.

The impression that is left is that Trump supporters don't actually want democracy. That's how it looks from the outside.
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JoeKitchen

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Re: Impeaching Donald Trump
« Reply #1897 on: December 07, 2019, 09:30:57 am »

What would it say about US democracy if this had not been uncovered and Trump had been able to use the power of office to coerce another nation into causing political harm to one of his opponents? Do you think this is good thing? Do you think he should be allowed to get away with trying to do this? Do you really believe that protecting "your" guy is that important?

Just because you win an election doesn't mean you can do whatever you want.

The impression that is left is that Trump supporters don't actually want democracy. That's how it looks from the outside.

Sure, that would be a problem, but it has not been proven.  Only Sondland has given direct testimony and he did not provide evidence that that was the intent. 

But I'll throw it back at you.  What would you say if it turned out the Dems are doing this just because they do not like Trump or his policies?  Do you think it is appropriate to hold hostage the country with impeachment just because some people are upset with policy changes? 

The reason I ask is because many in congress campaigned solely on impeaching Trump and have been working towards this since day one.  So to say this does not look politically motivated is ridiculous. 

What if it turns out Schiff, and others, acted with malice and fabricated the whole thing in conjunction with the whistleblower?  Would you approve his impeachment or charges of treason against him? 

But you are still missing the point.  Politically the Dems are cutting off their nose to spite their face.  There is no support what so ever on the other side, which tells you this is purely political and will backfire spectacularly.  I only wonder, if Pelosi looses her speakership over this, will she resign like Newt Gingrich did? 

This whole thing is making me think of Gabriel García Márquez's Story of a Death Foretold.  Everyone knew Santiago Nasar was going to be murdered except Santiago Nasar, just like everyone knows the Dems are going to be killed politically over this except for the Dems. 
« Last Edit: December 07, 2019, 09:44:25 am by JoeKitchen »
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Alan Goldhammer

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Re: Impeaching Donald Trump
« Reply #1898 on: December 07, 2019, 10:03:09 am »

Sure, that would be a problem, but it has not been proven.  Only Sondland has given direct testimony and he did not provide evidence that that was the intent. 

While that is true in terms of those who testified before the House Intelligence Committee, you and others cannot ignore the damning statement of Mullvaney who admitted on television to the quid pro quo.  Of course he tried to back track this later on when he realized that he had given the game away.  How this is used in the Articles of Impeachment remains to be seen.  None of us know what the Judiciary Committee will do with this and a lot of other information.  Maybe you and others don't see this as incriminating.  Some of us do and it is clearly not "second hand" information. 

As Speaker Pelosi said the other day, this is all about Russia.  Ukraine is their proxy.  BTW, there is still about $60M of aid to the Ukraine that still has not been delivered.
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JoeKitchen

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Re: Impeaching Donald Trump
« Reply #1899 on: December 07, 2019, 10:14:57 am »

While that is true in terms of those who testified before the House Intelligence Committee, you and others cannot ignore the damning statement of Mullvaney who admitted on television to the quid pro quo.  Of course he tried to back track this later on when he realized that he had given the game away.  How this is used in the Articles of Impeachment remains to be seen.  None of us know what the Judiciary Committee will do with this and a lot of other information.  Maybe you and others don't see this as incriminating.  Some of us do and it is clearly not "second hand" information. 

As Speaker Pelosi said the other day, this is all about Russia.  Ukraine is their proxy.  BTW, there is still about $60M of aid to the Ukraine that still has not been delivered.

No, it was not a damning statement! 

The point Mullvaney was making, which he was pretty clear about in a follow up, was that quid pro quos are part of all foreign policy.  No country does for another without something being done for them.  That is how it works. 

I will admit that this whole strategy of Trump saying there was no QPQ is kind of dubious, but you still have not proven intent to hurt Biden solely for the 2020 election instead of just following up on pre-2016 election corruption.  And pretty much everything that has come out points to Trump being concerned with pre-2016 corruption. 

Insofar as some of you do, it is only democrats that do, and not even all of them.  Turley, a democrat, testified against doing this.  No republicans support this.  Unless you can get Bolton to testify that this was about 2020 election interference only and republicans get on board, this will be politically disastrous for the Dems. 

However, I just don't see how you will do this since the Dems will be basically handing full control of this process to the party that staunchly opposes it and are looking for blood. 

When Cocaine Mitch gets full control of the trial, he is going to make this into a horror show for the Dems, and everyone in his party is cheering him on right now.  Do you really think that is going to bode out well for the Dems?
« Last Edit: December 07, 2019, 10:24:07 am by JoeKitchen »
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