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U.S. Constitution
See other U.S. Constitution Articles

Title: House Judiciary Committee Majority Report on Constitutional Grounds for Presidential Impeachment (Dec 2019)
Source: House Judiciary Committee
URL Source: https://www.scribd.com/document/438 ... sidential-Impeachment-Dec-2019
Published: Dec 7, 2019
Author: Judiciary Committee Staff
Post Date: 2019-12-07 21:08:07 by nolu chan
Keywords: None
Views: 4622
Comments: 20

House Judiciary Committee Majority Report on Constitutional Grounds for Presidential Impeachment (Dec 2019)

The Foreward by Mr. Nadler contains the following disclaimer:

The views and conclusions contained in the report are staff views and do not necessarily reflect those of the Committee on the Judiciary or any of its members.

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Begin Trace Mode for Comment # 1.

#1. To: All (#0)

House Report at 50-51:

It is inconceivable that our Framers authorized the removal of Presidents who engage in treason or bribery, but disallowed the removal of Presidents who attempt such offenses and are caught before they succeed. Moreover, a President who takes concrete steps toward engaging in impeachable conduct is not entitled to any benefit of the doubt. As one scholar remarks in the context of attempts to manipulate elections, “when a substantial attempt is made by a candidate to procure the presidency by corrupt means, we may presume that he at least thought this would make a difference in the outcome, and thus we should resolve any doubts as to the effects of his efforts against him.”270

[...]

270 Black & Bobbitt, Impeachment, at 93.

By a stroke of good fortune I just happen to have a copy of Black and Bobbitt's Impeachment, and I am able to complete the quote.

The sensible rule ought to be that

when a substantial attempt is made by a candidate to procure the presidency by corrupt means, we may presume that he at least thought this would make a difference in the outcome, and thus we should resolve any doubts as to the effects of his efforts against him.

Yet we must confine the operation of such a rule to truly substantial constitutional crimes, lest we ensnare every successful campaign in an unending postmortem in search of nonconstitutional misdeeds.

That was sure some fine editing by the Majority staff.

As a note for those not acquainted with the "authors" of this book, it was not jointly authored.

Charles L. Black Jr. was a preeminent legal scholar whose short work on impeachment is considered a classic. Part I of this book and ends at page 61. That copyright is from 1974.

Phillip Bobbitt, a nephew of LBJ, is a less eminent legal scholar. He wrote Part II of this book, which is appended to the classic work of Charles Black, and goes from page 65 to page 162, copyright 2018.

Phillip Bobbitt is known for being the then 63 year old Columbia law school professor who married a young lady (Justice Kagan presiding at SCOTUS) who stopped being one of his 3-L students when the relationship became known.

The Bobbitt maid/nanny (Sophia Samuels) sued the Bobbitts this year for violations of minimum and overtime wages, spread-of-hours pay, untimely payment of wages, and notice and record-keeping requirements.

https://www.courtlistener.com/docket/13585162/1/samuels-v-bobbitt/

Samuels v. Bobbitt, SDNY 1:19-cv-00576 (20 Jan 2019) Doc 1 COMPLAINT

https://www.pacermonitor.com/public/case/26774329/Samuels_v_Bobbitt_et_al

The Docket Report indicates the case was settled on 31 May 2019.

nolu chan  posted on  2019-12-07   21:15:06 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 1.

#2. To: nolu chan, Impeach and Remove, *The Two Parties ARE the Same* (#1)

President Trump’s evidentiary challenges are misplaced as a matter of constitutional law and common sense.

The Constitution does not prescribe rules of evidence for impeachment proceedings in the House or Senate. Consistent with its sole powers to impeach and to determine the rules of its proceedings, the House is constitutionally authorized to consider any evidence that it believes may illuminate the issues before it. At this fact- finding stage, “no technical ‘rules of evidence’ apply,” and “ [e]vidence may come from investigations by committee staff, from grand jury matter made available to the committee, or from any other source.” 228 The House may thus “ subpoena documents, call witnesses, hold hearings, make legal de-terminations, and undertake any other activities necessary to fulfill [its] mandate.” 229 When deciding whether to bring charges against the President, the House is not restricted by the Constitution in deciding which evidence to consider or how much weight to afford it.

President Donnell prefers to ignore the Constitution and spin some shuck 'n jive on the Sean Hannity show.

Hondo68  posted on  2019-12-07 22:01:41 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 1.

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