House Judiciary Committee: Although President Trump Didn’t Break The Law, He Surely Intended To And Therefore He’s Guilty

(Breitbart) – The House Judiciary Committee released a report Saturday in which it argued that a president may be impeached for “illegitimate motives” even if his actions are “legally permissible.”

The 52-page report, written by 20 members of the staff for the Democratic majority, attempts to provide a legal and constitutional basis for the Democrats’ ongoing effort to impeach the president.

The report states: “The question is not whether the President’s conduct could have resulted from permissible motives. It is whether the President’s real reasons, the ones in his mind at the time, were legitimate.”

That novel theory is only one of several questionable features of the report.

1. The report ignores all of the “expert” legal scholars who testified three days before. The report does not bother to cite any of the testimony from Wednesday’s lengthy hearing, with three witnesses called by Democrats and one called by Republicans. That suggests the report was written well in advance of the hearing. The report does cite published works by one of the witnesses, Micharl Gerhardt, but ignores those of his writings unhelpful to their case.

2. The report uses the same misquote used in the hearing, and by Speaker of the House Nancy Pelosi (D-CA). The Democrat staff cite President Donald Trump as saying Article II of the Constitution means can do whatever I want as president.” As Breitbart News explained Friday, that is a misquote (backed by deceptively-edited video in the hearing), because Trump was talking specifically about his power to fire the Special Counsel (which he did not).

3. The report invents an absurdly broad standard for “bribery.” The report, backed by selective and misleading claims about the Framers’ intent, declares: “Impeachable bribery occurs when the President offers, solicits, or accepts something of personal value to influence his own official actions.” That standard would implicate every elected official in the United States, all of whom accept campaign contributions in return for policy promises.

4. The report cites radical left-wing activists committed to impeaching Trump. The report cites “scholars” such as Zephyr Teachout, who is on the advisory board of a group called “Impeach Trump Now.” It also cites Harvard’s Laurence Tribe, who declared in December 2016 that Trump’s impeachment should “begin on Inauguration Day.” It ignores contrary views, even by left-wing sources like Cass Sunstein, whom it quotes selectively (see below).

5. The report invents an absurdly broad “abuse of power” standard. Sunstein wrote in 2017 that “abuse of power” was, by itself, too vague: “Almost every American president has, on more than one occasion, passed the bounds of his power, in the sense that his administration has done something that it is not lawfully entitled to do.” (They cite his book on impeachment, but ignore that point.) Notably, “abuse of power” is not in the Constitution.

6. The report actually defends the impeachment of President Andrew Johnson and cites it as precedent. The Johnson impeachment is almost universally regarded as an error. Yet the report, after conceding that a president “cannot be removed” simply because of “unpopular policies,” argues that Johnson should have been removed for exactly that, because he had “illegitimate motives.” This astonishing claim, citing Tribe, is worth quoting in full:

Rather than directly target President Johnson’s faithless execution of the laws, and his illegitimate motives in wielding power, the House resorted to charges based on the Tenure of Office Act. But in reality, “the shaky claims prosecuted by [the House] obscured a far more compelling basis for removal: that Johnson’s virulent use of executive power to sabotage Reconstruction posed a mortal threat to the nation—and to civil and political rights—as reconstituted after the Civil War … [T]he country was in the throes of a second founding. Yet Johnson abused the powers of his office and violated the Constitution to preserve institutions and practices that had nearly killed the Union. He could not be allowed to salt the earth as the Republic made itself anew.” Viewed from that perspective, the case for impeaching President Johnson rested on his use of power with illegitimate motives.

7. The report bends over backwards to justify impeachment without any crime being committed. The report spends a great deal of space arguing that a president does not have to commit an actual crime to be impeached — a claim hotly debated among scholars. It notes that previous impeachments have included charges of “non-criminal” acts, but ignores the fact that no presidential impeachment has ever proceeded without any criminal acts alleged.

8. After saying crimes are not necessary, the report cites the criminal grand jury process. Immediately after arguing that impeachment is not a criminal process (see above), the report cites the criminal grand jury, in which the accused has few legal rights or protections, in an attempt to justify the House’s bizarre impeachment process, in which President Trump — unlike Presidents Richard Nixon and Bill Clinton — has been denied basic legal rights.

9. The report claims that Trump has more rights than Nixon and Clinton did. That false claim ignores the fact that unlike his predecessors, Trump has not been allowed legal representation in the key fact-finding stage of the process, which Democrats — for the first time — moved to the secretive Intelligence Committee. Moreover, it ignores that Republicans have been denied the ability to object to witnesses called by the Democrat majority.

10. The report claims that hearsay evidence is sufficient to impeach the president. After noting that the usual rules of evidence do not apply in the House, the report ignores that the only witnesses with direct knowledge of the president’s intentions testified that there was no “quid pro quo” regarding aid to Ukraine. One, Gordon Sondland, said he believed Trump wanted a “quid pro quo” for a White House meeting but had no direct knowledge to show it.

11. The report claims the president is “obstructing” Congress by appealing to the courts. The report claims that Trump can be impeached for denying requests for witnesses and documents, ignoring the fact that the president is raising constitutionally permissible defenses that await adjudication by the courts. Notably, the House itself has decided not to pursue key witnesses, apparently because it wants to rush to impeachment before election season.

The report states its conclusions “do not necessarily reflect those of the Committee on the Judiciary or any of its members.” The committee will hold its first evidentiary hearing toward articles of impeachment on Monday.

breitbart.com/politics/2019/12/07/house-judiciary-committee-report-president-can-be-impeached-for-motives-without-breaking-law/

25 COMMENTS

  1. He was CAUGHT red-handed! If a cop catches someone in the middle of murdering someone, but not succeeding, is he supposed to let him go? F***ing idiots!

  2. PAST TIME FOR TERM LIMITS FOR CONGRESS….BOTH THE HOUSE AND THE SENATE !! CAREER POLITICIANS ULTIMATELY BECOME CORRUPT WITH THEIR POWER !! 8 YEARS IN THE HOUSE AND 12 YEARS IN THE SENTATE ARE LONG ENOUGH !! WAKE UP AMERICA !! IF TERM LIMITS ARE PROPER FOR THE PRESIDENT, THEN THEY ARE PROPER FOR THE CONGRESS. FINALLY, THERE NEEDS TO BE AN AGE LIMIT FOR THE SUPREME COURT…SAY AGE 72 !! ENOUGHT OF THIS LIFE TERM FOR THE SUPREME COURT….ESPECIALLY WHEN JUDGES CAN’T EVEN STAY AWAKE ON THE BENCH !!

  3. Democrats making their own rules and grounds and they are illegal. What they are saying is strictly against the constitution. Then again the Democrats do everything against the Constitution

  4. One thing that got me was it is a crime to want to do something illegal and not do it but it is not crime to do something illegal but not intend to do it. Trump wanted to fire Mueller (which he is legally able to do it) but didn’t while Hillary broke the law by sending classified information over an unsecured servers but didn’t intend to is alright.

  5. The Democrats have intended to kick President Trump out of office from the day he was elected therefore they are guilty of a treasonous coup.

  6. Let us rise up against the Democratics and RINOs and vote all the b’tards out come November.
    If that doesn’t work maybe we should start our own resistance movement in every town, county, state we live. We will invoke MLKs non violent resistance.
    If that doesn’t work we take up arms against this tyranny.

    • I’m with you buddy. To think none of this would be available to the leftist had Hillary followed the law ,had Biden followed the law, had the FBI followed the law, had dems followed the law and their own house rules, had so many filthy hands not been held open for laundered money. And they dare throw stones in their glass house. It’s about to come crashing down.

  7. The entire Dem ‘gestapo heard’ including Nadlers,Schiffs,Pelosis et al, after all this illegal impeachment crap is over, needs to face the law, as they all abuse the power of the office and acted criminally against the people and the administration. Hope DOJ will go after these politicians who are serving not the people but their political goal and who knows, foreign interests? We’ve seen a number of liars, supposedly, witnesses including Amb. Taylor, wow! who reportedly withheld visas of Ukrainians willing to testify in US against the deep corruption, so the cabal’s dirty machination could not be derailed and the list goes on, Amb. Yovanovitch, another….implant lying through her teeth! Amb. Volker etc,etc !!!

  8. So now we have the thought police in force. Now you can be guilty of crimes for what you may or may not be thinking! Please read Orwell’s 1984 if you haven’t already. should be required reading for every high school student. And college required reading should be Ayn Rand’s Atlas Shrugged! After reading those two books, see how many young folks would still want Socialism! I challenge all millennials to read these two books before you vote for the likes of Sanders and Warren, or any Democrat for that matter.

  9. Trump didn’t actually break the law, but he intended too? How freaking stupid is Nadler. Democrats are really reaching at straws now. VOTE TRUMP IN 2020. Show Nadler, Pelosi, Shifty Schiff and the rest of the dumbocrats the door

  10. There is an old saying: “what comes around, goes around”. Some day, whoa-fully, there will be a Democrat occupying the WH and I really pray that the GOP remembers these illegal proceedings by the liberals and “make it go around”. If Crazy Old Joe would be elected, God help us, there are mountains of crap he did to impeach him-“Impeach 46”.

  11. The heart of man is deceitful above all else. Who can know it? I’ve been taught that only God knows the intent of the heart and mind. But apparently like all the rest of what is God’s jurisdiction, the Dems are now judges of the heart of this president. If he’s not safe from the thought police then we little people are toast.

  12. Nadler, Nadler, Nadler by any chance did you list mind reading on your resume when running for congress? That would be should a great asset to have don’t you think? Grow up and join the rest of the human race. I can see it now if anyone could actually read the hearts and minds of others, other than our Lord and savior; the governments of the world would hunt them down and kill them in the most awful way they could think of.
    Maybe if you got your head out of your ass you would realize that you are spouting off bullshite at the top of your lungs.

  13. He didn’t break the law but he is GUILTY? . . . Of WHAT?!? We go by EVIDENCE, no “intention” crimes (so called). These people need to go to prison THEMSELVES, crimes against the POTUS as per the U.S. Constitution, SEDITION and TREASON, not including CORRUPTION and PERJURY. Team Trump and his allies 2020 – KAGA (Keep America Great Again).

  14. Years ago there was a song that said, “You can’t go to jail for what you are thinking”. Evidently under the DIMM’s and Jerry Nadler you can go to jail for what you are thinking.

  15. Nadler, like a child , turns truth and reality inside out and up side down. Now he and the other children need a spanking to straighten them out from a wise parent.

  16. Nadler and his other insane democrats have turned the law and reality inside out and up side down. Schiff , Pelosi and Kerrys sons have reportedly been implicated in the Ukraine scheme but they had no “motives” which clears them. Schiff reportedly receiving foreign campaign money is ok because there is no motive. Hillary leaving her server open for foreign scrutiny is ok, no “motives” .

    Yup , a child will turn truth and reality inside out to have their way. It takes a wise parent to correct such children. Nadler and the others are functioning with a child’s mind and will.

  17. What a stupid Fuuuuukeh this dude is!!! VOTE HIS TIRED ASS OUT OF OFFICE!!! If that can’t be done……well, where are the Oswald’s of this world when they’re really needed?
    I wish no one harm, personally….but these A-wipes gotta go!!!! Let’s all get rid of these Marxist’s, Commie Bastards through the power of the VOTE!!!!

    • Nadler, like a child , turns truth and reality inside out and up side down. Now he and the other children need a spanking to straighten them out from a wise parent.

  18. Lets see if we can figure out the logic behind this one, If you think about committing a crime but dont actually commit it based on this logic you are guilty, I guess based on this kind of thinking i now understand why the Democrats now believe that if you are accused of any crime you must be guilty even if there are no witnesses or evidence, EXCEPT WHEN IT IS ONE OF THEIR OWN, We all remember Judge Kavanaugh, Every democrat accepted his guilt although his accusers could not come with a time or place of his supposed crime, But many of them stated before cameras that he was guilty, This kind of thinking and logic is the very reason why democrats must be voted out of office in 2020, They are a serious threat to our liberty and freedom.

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