Why didn’t the Democrats try to lawfully get the judicial branch to resolve executive privilege

Discussion in 'Political Opinions & Beliefs' started by Lee_Wang_Tran, Dec 23, 2019.

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Why didn’t Democrat’s allow the courts to resolve this issue?

Poll closed Dec 30, 2019.
  1. No legitimate reason

    9 vote(s)
    69.2%
  2. There is a legitimate reason

    4 vote(s)
    30.8%
  1. Lee_Wang_Tran

    Lee_Wang_Tran Newly Registered

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    So Liberals, Democrats rushed this impeachment process. Didn’t go to the courts resolve the issue of executive privilege preventing certain witnesses from testifying.

    The Democrats now want to hold up the articles of impeachment, so the Senate will subpoena witnesses that will again be blocked by executive privilege? What in the blue blazes does all of this accomplish?

    Democrats failed to go to the courts and now their impeachment case should be dead. Everyone knows why the Democrats didn’t go to the courts because the courts would have shot down their subpoenas for lack of a legislative purpose.

    The Democrats are disgusting, and committing treason and now they are chickening out on impeachment.
     
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  2. StillBlue

    StillBlue Well-Known Member

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    It's up to Trump to go to court to block like he did with his tax returns. There already been 2 Supreme Court rulings on what the house was subpeonaing and in both cases ruled 9-0 against Nixon and Clinton both. The house has in the past gone to the courts to enforce their subpeonas because they lack facilities to jail those for non-compliance. The last time they did it on their own was during the teapot dome scandal and the then Supreme Court ruled their physically seizing the dept dir of the DoJ perfectly correct..
    Going through the courts to enforce their subpeonas this time would have caused unnecessary delay, Trump was already Obtructing Congress by not honoring the subpeonas.
    You should be asking why Trump didn't go to court if he felt they were illegal subpeonas.
     
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  3. cd8ed

    cd8ed Well-Known Member Past Donor

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    The same reason he has refused to release his tax returns: it would hurt him in some way.
     
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  4. Dayton3

    Dayton3 Well-Known Member

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    He isn't obligated to.
     
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  5. squidward

    squidward Well-Known Member

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    Nobody compelled him. Why would he?
    Now you guys will look stupid for not compelling him. Too bad, so sad.
     
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  6. Lee_Wang_Tran

    Lee_Wang_Tran Newly Registered

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    so the reason democrats didn’t go to the courts is because of “unnecessary delay”?

    isn’t the Democrats delaying right now to get those very witnesses?

    so precedent established you go to the court to resolve these issues. This isn’t Nixon or Clinton, just because the court ruled in those cases does not mean they ruled in this one.

    Congress is afraid to go to the courts it has nothing to do with “unnecessary delay”. Trump doesn’t have to go to the courts, it’s up to the Democrats to enforce the subpoenas through a court order.

    this is all a political hoax by the democratics
     
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  7. btthegreat

    btthegreat Well-Known Member

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    Soooo what is the constitutional limit on impeachment articles or hearings? Is it one per administration, two or 25? What is the timetable according to the constitution for appointing managers and transferring the articles to the Senate. Is it one week, one year, or three years. Is there some limit to the number, length, frequency for congressional investigations? What is the timetable to sue in the courts for enforcement of subpoenas? Is it one week, one month or three years? Now tell me exactly what has Pelosi done to close a single window or door of opportunity to her judiciary committee, her intelligence committee, or her caucus in this process?
     
    Last edited: Dec 23, 2019
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  8. therooster

    therooster Banned

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    Or its none of your business!
     
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  9. Dayton3

    Dayton3 Well-Known Member

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    I'm pretty sure there is no limit on the number of times that impeachment proceedings and votes can be taken against a sitting president.

    As for the timetable, I seem to remember someone saying that in order for the currently passed articles of impeachment to be considered by the Senate that they have to be transmitted to the Senate within one year of the House vote though I'll admit its just what I've heard. I don't remember reading it in the constitution or other documents. I'll try to look it up and see
     
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  10. btthegreat

    btthegreat Well-Known Member

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    Actually, my best guess is that the articles die when Congress adjourns sine die because that wis when all pending bills and business dies for a particular legislative session. https://www.congressionalinstitute.org/2015/01/05/what-is-a-sine-die-adjournment/
     
    Last edited: Dec 23, 2019
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  11. Sanskrit

    Sanskrit Well-Known Member

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    They wanted the in peach mint without the chance that the court mint would mess that up for them.

    Now they need a breath mint and there isn't one in existence large enough to purify the abcess that has ruptured in full view of the American people.
     
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  12. cd8ed

    cd8ed Well-Known Member Past Donor

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    Delete
     
    Last edited: Dec 23, 2019
  13. btthegreat

    btthegreat Well-Known Member

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    Sorry I wasn't clear. At the end of the 116th congressional session sine die which means January 2021 before the new elected congress takes over. If she sends them over the day before the adjournment, then it hits the senate with no time for them to hold a trial and acquit before inaugural day for the next administration.
     
    Last edited: Dec 23, 2019
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  14. Lee Atwater

    Lee Atwater Well-Known Member Past Donor

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    Here's why.

    House Judiciary Committee issues subpoena to former White House counsel Don McGahn
    https://www.cnbc.com/2019/04/22/hou...to-former-white-house-counsel-don-mcgahn.html

    Judge rules former WH counsel McGahn must testify under subpoena

    https://thehill.com/regulation/cour...wh-counsel-mcgahn-must-testify-under-subpoena

    McGahn's lawyer William Burck said in a statement that his client would comply unless there is a stay.

    “Don McGahn will comply with Judge Jackson’s decision unless it is stayed pending appeal. The [Department of Justice] is handling this case, so you will need to ask them whether they intend to seek a stay,” said Burck.

    The White House, though, has already said it would appeal the decision.
    ...........................................................................................................................
    McGahn was subpoenaed on April 22. He was ordered to testify on Nov. 25.....................seven months later. Goodness knows how long the delay tactic.........sorry..............appeal will take.

    In a similar scenario any ruling to enforce the House subpoenas for witness testimony or documents wouldn't be settled until after the election......................which is a delaying strategy being employed by Team Orange Messiah. During that time how many more countries could Big Fat Don extort to announce (without merit) a Dem candidate is going to be investigated over some BS accusation? Since, you know, Don cheats at everything.

    Is there ample evidence to impeach without the extra testimony Dems want? Unequivocally, yes. Would it make it all the more obvious Senate Repubs have no regard for the evidence if Pompeo, Giuliani, Mulvaney, etc., testified truthfully about their role in the extortion scheme regarding what they knew when if Repubs still voted to acquit? Yes. Do Repubs or Trump want all the evidence to come out? No.

    Got it?
     
    Last edited: Dec 23, 2019
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  15. Lee_Wang_Tran

    Lee_Wang_Tran Newly Registered

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    https://www.google.com/amp/s/thehill.com/regulation/court-battles/472270-judge-temporarily-stays-mcgahn-subpoena?amp

    The House judiciary committee did not oppose the stay. The Democrats allowed the subpoena issue to be halted, and then impeached on the very fact the subpoena was not obeyed.

    That is bad faith, you shouldn’t accept the fact the issue of the subpoena legitimacy will be stayed, then turn around and impeach on the issue.

    If the matter was truly so urgent you can petition the SCOTUS to hear the matter immediately, like they did for Bush v. Gore.

    The Democrats are doing this whole thing in bad faith. They can speed up the process, but they don’t want to and they don’t want the courts to resolve this issue.
     
    Last edited: Dec 23, 2019
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  16. ronv

    ronv Well-Known Member

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    They did go to the courts. Still are.
     
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  17. btthegreat

    btthegreat Well-Known Member

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    You realize that they can still go to court and on current precedent and accomplish the same goals. They just keep investigating based on a new potential article drafted after the new testimony. As your side would put it. They don't have to put away the fishing tackle just because they have two fish in their box already. The constitution does not have a weight or number limit.
     
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  18. Lee_Wang_Tran

    Lee_Wang_Tran Newly Registered

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    Sure, the Democrats can bring unlimited impeachment inquiries, they can do again and again.

    Bringing non-stop impeachment’s show 100% legitimacy and good faith. Am I right? Fail to remove Trump? TRY TRY AND TRY AGAIN. The new motto of the Democratic Party, endless impeachment.
     
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  19. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    Let’s impeach the next Democrat President. Not for any real reason. Just for fun.

    That’s the new standard.
     
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  20. Texas Republican

    Texas Republican Well-Known Member Past Donor

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    I don't know why the Dems rushed impeachment. But it's not up to the Senate to clean up the House's mess. No new witnesses will be called.
     
  21. Lee_Wang_Tran

    Lee_Wang_Tran Newly Registered

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    BS, the courts ain’t reached a decision and Congress reached it for them.

    Congress already determined themselves that executive privilege doesn’t apply and moved forward
     
  22. Texas Republican

    Texas Republican Well-Known Member Past Donor

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    If the Dems lose control of the House, that will end impeachments.
     
  23. opion8d

    opion8d Well-Known Member Past Donor

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    Good man.
     
  24. opion8d

    opion8d Well-Known Member Past Donor

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    Jeez, first they were going too fast, now they're going too slow. You just can't please some folks.
     
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  25. ronv

    ronv Well-Known Member

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    Bad news Bucky.
    Impeachment hasn't changed anything about the subpoenas or any of the investigations that go with them.
     

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