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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWith no formal announcement of impeachment
And wording on a court filing indicating impeachment, I feel we are trying to have it "both ways".
I don't like how this appears.
Just announce it already.
hlthe2b
(102,297 posts)Last edited Tue Jul 30, 2019, 07:38 PM - Edit history (3)
Every legal scholar who has spoken out has said the semantics reflect a distinction without a difference. The courts WILL see it for what it is--an impeachment inquiry that obligates all deference be given to providing subpoenaed evidence. Whether some wish to dance around the semantics, so as not to cause a RW freak out (especially in the WH), it matters not.
Pelosi is being cautious for reasons that should be obvious to us all, given the unstable "genius" hovering over the nuclear button in the WH.
Igel
(35,320 posts)The court filing claims impeachment inquiry.
It does so because there's a (1, single, solitary) precedent for turning over a lot of grand jury testimony, and that was because the House' impeachment inquiry at the time could be considered to serve a "judicial" function. (Note that there's a contrast buried in there. I suspect the contrast is with "political" or "legislative".)
So the terminology is taken to matter.
However, the courts in the last couple of years have decided that motivation matters. If you want to do something that's perfectly Constitutional but for which a bad motivation can be adduced or suspected, then you're not allowed to. What you *say* your intent is matters not a whit. Of course, one judge's "that's a good motive" is another judge's "how horrible!", but we'll leave that kind of subjective, whimsical interpretation of the laws aside.
If a court decides to follow *that* particular type of precedent, then saying in a court filing "impeachment" but saying elsewhere, "nah, not really, perhaps later" would be a bad thing for the case's success.
hlthe2b
(102,297 posts)what is needed for the courts. That some Reps, including Pelosi are dancing around the issue-- unwilling to call it specifically an impeachment inquiry-- does not change the fact that that is exactly what it is. Just read Laurence Tribe, Neal Katyal, Joshua Matz, John Dean, Glen Kirschner, Bruce Ackerman, Erwin Chemerinsky, Cass Sunstein--even George Conway.
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