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Thread: Supreme Court pulls the rug out of part two of the impeachment, says Alan Dershowitz

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    Supreme Court pulls the rug out of part two of the impeachment, says Alan Dershowitz

    Alan Dershowitz is an amazing defense attorney that helped get OJ Simpson off. He recently said that the Supreme Court pulled the rug out of part two of the impeachment. https://www.theblaze.com/news/alan-d...of-impeachment

    "Look, the most important development happened today," Dershowitz said. "The Supreme Court of the United States absolutely pulled the rug out of part two of the impeachment referral by granting certiorari, by granting review in a case where Trump challenged a congressional subpoena. And the Supreme Court said we're going to hear this case."

    "Think of what that message is: It's Trump was right," he continued. "You don't have to comply with a subpoena of Congress unless a court tells you you have to comply."

    "Now, we don't know how the court is going to come out. But they made it clear that's a viable issue," Dershowitz went on to say. "So, that charge, that ground of impeachment, should be immediately removed by the House and not sent to the Senate. There's nothing to it anymore after the Supreme Court today said you're entitled to a review on an issue when the president challenges the subpoena power of Congress."

    "It's all done. It's over," Dershowitz said.

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    I heard this. I knew this. I never tied the two together. He is absolutely correct. Just hearing it says that Congress has no absolute authority or they would not even hear it. I guess that is why he is on FOX and I am here. LOL

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    Dershowitz didn’t have a big role in the OJ defense.

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    Dershowitz is a smart guy -- it'll be interesting to see if he called this one correctly.
    ""A government which robs Peter to pay Paul can always depend on the support of Paul" ~George Bernard Shaw

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    Dershowitz has morphed into the Right's pet Jewish lawyer and an unashamed attention wh*re. The high court will hear the case because it's an important issue that needs to be settled, once and for all. The notion that the court's having granted certiorari means "Trump has won" is beyond ridiculous. Dershowitz no doubt just hadn't seen his name in the media for a week and needed a fix.
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    Quote Originally Posted by atheist4thecause View Post
    Alan Dershowitz is an amazing defense attorney that helped get OJ Simpson off. He recently said that the Supreme Court pulled the rug out of part two of the impeachment. https://www.theblaze.com/news/alan-d...of-impeachment
    The courts have no say in an impeachment or the trial. Trump will be impeached for contempt of Congress. The Supreme Court can't say otherwise.They can rule anyway they want and it still has no effect on impeachment. Sole power means sole power.
    Liberals are a clear and present danger to our nation
    Pick your enemies carefully.






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    Quote Originally Posted by Standing Wolf View Post
    Dershowitz has morphed into the Right's pet Jewish lawyer and an unashamed attention wh*re. The high court will hear the case because it's an important issue that needs to be settled, once and for all. The notion that the court's having granted certiorari means "Trump has won" is beyond ridiculous. Dershowitz no doubt just hadn't seen his name in the media for a week and needed a fix.
    Lol, Dershowitz is an unabashed liberal who voted for Hillary, and will be voting Democrat in 2020, nice try though. The mere fact that SCOTUS has agreed to hear the case, destroys the "Obstruction of Congress" charge.
    Cutesy Time is OVER

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    Quote Originally Posted by Captdon View Post
    The courts have no say in an impeachment or the trial. Trump will be impeached for contempt of Congress. The Supreme Court can't say otherwise.They can rule anyway they want and it still has no effect on impeachment. Sole power means sole power.
    Nonsense, this demonstrates that the "Obstruction of Congress" charge is bogus. Yes, the Dims can proceed with their bogus charge, but will pay a heavy penalty in political capital.
    Cutesy Time is OVER

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    Quote Originally Posted by Captdon View Post
    The courts have no say in an impeachment or the trial. Trump will be impeached for contempt of Congress. The Supreme Court can't say otherwise.They can rule anyway they want and it still has no effect on impeachment. Sole power means sole power.
    I get this argument exists, but I disagree with it, and there are legal scholars and former Supreme Court Justices on my side. It's true that the Constitution says the House has the sole power of impeachment, however, it's referring to initiating the impeachment. The Constitution itself offers restrains on what qualifies as impeachable. Now whose job is it to interpret the Constitution? That goes to the Supreme Court. So when there is a complaint by the Executive Branch that the Congress didn't follow the Constitution, it's up to the Supreme Court to rule whether Congress (in this case the House) or the Executive Branch (in this case the President) is correct. It is not the job of the House or Senate to interpret the Constitution. Here is a very good article about why the Supreme Court has a place in impeachment: https://thehill.com/opinion/white-ho...al-impeachment

    Were Congress to try to impeach and remove a president without alleging and proving any such crime, and were the president to refuse to leave office on the ground that Congress had acted unconstitutionally, there would indeed be such a constitutional crisis. And Supreme Court precedent going back to Marbury v. Madison empowers the justices to resolve conflicts between the executive and legislative branches by applying the Constitution as the supreme law of the land.

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    "We are not final because we are infallible, but we are infallible only because we are final."
    - Associate Justice Robert H. Jackson, Brown v. Allen, 344 U.S. 443 (1953).

    The federal question jurisdiction relates to the separation of powers under the Constitution, which has become something of what the British would refer to as a "sticky wicket." Given that the Constitution provides for three coequal branches of government, it will be interesting to see how the court decides this issue. As noted by Justice Jackson, the Supreme Court is the final arbiter; and one should be wary of invoking its jurisdiction as its decisions are binding as law. In the 1970's, I attended a seminar given by Professor Laurence Tribe, the foremost exponent on constitutional law, who, in answer to a question on constitutional interpretation, told me that the Constitution doesn't mean what it says. I thought that he was jesting at the time; but after the Supreme Court decision in Bush v. Gore, I have come to think that he meant what he said. In fact, I would go so far as to say that the Constitution says what the Supreme Court says it says.

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