The McConnell rules seem to be designed by President Trump for President Trump. It asks the Senate to rush through as fast as possible and makes getting evidence as hard as possible. The McConnell resolution will result in a rushed trial with little evidence in the dark of night.
Pelosi Challenges McConnell’s Integrity
Separate, but Hardly Equal
Men hate each other because they fear each other; they fear each other because they don’t know each other; they don’t know each other because they can’t communicate with each other; they can’t communicate with each other because they are separated from each other.Martin Luther King , from Steve Luxenberg’s “Separate: The Story of Plessy V. Ferguson, And America’s Journey From Slavery To Segregation“
Something You Don’t See Every Day
When you’re reading that the President of the United States is fighting to have rape charges dismissed, you know the country is in trouble.
See The Hill.
Delusional, or Insane in the Membrane?
Senate’s Impeachment Role
- The Senate’s Impeachment Role
- Historical Development
- Influential Impeachment Cases
- Senate Impeachment Trials
All links point to official pages of the U.S. Senate.
Congress’s Contempt Power
Article II of the Articles of Impeachment approved by the House of Representatives against Donald John Trump includes the following:
The Constitution provides that the House of Representatives “shall have the sole Power of Impeachment” and that the President “shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”. In his conduct of the office of President of the United States — and in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed — Donald J. Trump has directed the unprecedented, categorical, and indiscriminate defiance of subpoenas issued by the House of Representatives pursuant to its “sole Power of Impeachment”…Impeachment of Donald John Trump, President of the United States
With Mick Mulvaney, President Trump’s acting chief of staff, and John Bolton, the president’s former national security advisor — and likely several more, including Rudy Giuliani, the president’s personal attorney — apparently possessing documents and knowledge of the allegations which led to the impeachment of the president, it seems reasonable that Congress would consider a subpoena for their testimony.
A May 12, 2017 report by the Congressional Research Service (CRS), Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure, provides that:
Congress’s contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, to punish the contemnor, and/or to remove the obstruction.
However, as usual, things aren’t always as simple as they might otherwise seem. Further from the CRS report:
A number of obstacles face Congress in any attempt to enforce a subpoena issued against an executive branch official. Although the courts have reaffirmed Congress’s constitutional authority to issue and enforce subpoenas, efforts to punish an executive branch official for non-compliance with a subpoena through criminal contempt will likely prove unavailing in many, if not most, circumstances. Where the official refuses to disclose information pursuant to the President’s decision that such information is protected under executive privilege, past practice suggests that the Department of Justice (DOJ) will not pursue a prosecution for criminal contempt.
So, there you have it. Attorney General Bill Barr, who is in charge of the Department of Justice, would be the person to determine whether a criminal contempt charge would be prosecuted. I think we all know how that would turn out.