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February 09, 2021 06:54 AM UTC

Tuesday Open Thread

  • 20 Comments
  • by: Colorado Pols

“What is a cynic? A man who knows the price of everything and the value of nothing.”

–Oscar Wilde

Comments

20 thoughts on “Tuesday Open Thread

  1. An old friend asked me last night if I thought the congress should go through with this impeachment or not.

    The answer is yes. Emphatically, yes.

    Senator Susan Collins of Maine gets my vote for "Most Loathsome". Are you ready to teach him another lesson, Susan? The first time you taught him he could get away with extortion, fraud, and lying to Congress.

    Now do you want to teach him he can get away with treason?

    Hm.

  2. I have two questions about this impeachment: can it be delayed while the constitutionality question is referred to scotus; and can he be tried in federal court on charges of sedition, incitement, treason or whatever whether he's convicted of impeachment charges or not?

    1. There's no way SCOTUS is going to weigh in on the constitutionality.  There's no procedural mechanism that would get it there, and the justices are going to view impeachment and the trial of the impeachment to be within Congress' exclusive purview.  SCOTUS would be more likely to address it on the backend, say, if trump were convicted and barred from future office, and then tries to run for something again.  Then there'd be a viable claim (e.g., ballot access) that could make the issue justiciable.  Otherwise, I see virtually zero chance of SCOTUS weighing in.  This was illustrated by CJ Roberts declining to preside at this second impeachment trial.  He was required to preside over the first trial as the president was on trial then.  Not so now. 

        1. Thank you for responding.

          I had a devil of a time finding the language in the constitution that wasn't annotated or "interpreted", but the chief justice is the only designated presider in the wording of the Constitution. 

          It seems to me that Roberts has already weighed in by not presiding.  If I were [*]'s attorneys, I would have found some way to get the question before the scotUS before the trial began. Perhaps they knew it was baloney…but wait…baloney lawsuits haven't stopped [*] and his attorneys before.

    2. Constitutional question isn't going to be referred to SCOTUS, by my guess.  Neither side sees benefit in delay that could cause.

      And yes, impeachment is only a "political" issue … there is no "double jeopardy" to prevent a prosecutor from following up (or an impeachment to follow a criminal process).  You can read the fascinating tale of Judge Alcee Hastings (now Rep. Alcee Hastings) to see some interesting elements of the various processes.

  3. I am already tired of talking heads saying T***p was already out of office when he was impeached. He was impeached on Jan. 13th.

    Tell the "process" mavens to STFU.

          1. And they repeatedly ignore their beloved Scalia's language from DC v. Heller, "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."

      1. Agreed, V.  We know agriculture has a significant role in combatting climate change; we've finally hit a tipping point with some of the major farm groups like AFBF.  That's been a very 'Trump-like' scenario:  they spent so many years demonizing Al Gore and the left over climate that when they finally understood they had to do something, they had the initial meeting behind closed doors so as not to agitate the very political mob they had created).  

        On nutrition, we've been having this conversation for over a decade: stop subsidizing the things that compromise our health (and as it turns out those commodities have a significant impact on the environment. I'll give Jerry's cow farts belches a pass today given we already have ways to fix that problem. 

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