Brett Kavanaugh Wrote That Hiding Evidence From Congress Is An Impeachable Offense

[Shabibilicious]

Politics

Brett Kavanaugh Wrote That Hiding Evidence From Congress Is an Impeachable Offense

December 5, 2019, 4:52 AM EST

 

 

Photo Illustration by Kristen Hazzard/The Daily Beast/Photo by Chip Somodevilla/Getty

Law Professor Jonathan Turley, who was called before Congress this week by Republicans, argues that Donald Trump should not be impeached for using the courts to prevent Congress from obtaining evidence of his misconduct. Turley said this despite the fact that Trump has categorically instructed current and former government employees not to comply with requests for testimony and documents, having unilaterally declared Congress’ impeachment investigation to be constitutionally “illegitimate,” One former Republican prosecutor now sitting on the nation’s highest court long ago was far less tolerant of efforts to stymie the disclosure of evidence of presidential misconduct.

Trump has proffered supposed legal arguments for some, but by no means all, of his rejections of Congress’s requests for witnesses and information, including that his closest White House advisers are “absolutely immune” from testifying about even the most serious presidential crimes. It is also all but certain that Trump will broadly assert the executive privilege in an effort to bar the now absent witnesses from answering key questions, even if they do ultimately appear before Congress, likely leading to yet another round of litigation. 

Trump’s Shameless Plan to Disqualify Every Impeachment Witness

Apart from the impeachment proceedings, Trump has been litigating for months against virtually all demands for documents and information related to various types of potential presidential misconduct. Trump has also suffered a remarkable series of courtroom losses, often accompanied by emphatic judicial repudiations of his typically weak and overreaching arguments, and the lower court losses are now piling up before the Supreme Court. 

Now, like a mafia don who attempts to win a racketeering trial by knocking off his crew before they cooperate against him, Trump is arguing that his to-date successful efforts to prevent Congress from questioning potentially significant witnesses should allow him to avoid impeachment.

Based on his past work as a member of Ken Starr’s team during the investigation of Bill Clinton, it is clear that Supreme Court Justice Brett Kavanaugh would emphatically disagree with Trump’s efforts to benefit from this obstruction of Congress.

During Starr’s grand jury inquiry, Bill Clinton initially invoked the executive privilege in response to demands for the testimony of several witnesses. The matter went before a trial court, which ruled in Starr’s favor. Clinton initially filed a notice of appeal, but—after Starr asked the Supreme Court to hear the case on an emergency basis—Clinton withdrew his effort to quash the subpoenas. And although Clinton made certain additional, more limited, privilege assertions in connection with the testimony of White House attorneys, Starr once again ultimately obtained the testimony he was seeking.

Starr assigned Kavanaugh to play a key role in authoring Starr’s report to Congress, which included a section setting forth potential bases for impeaching the president; among them was a claim that Clinton should be impeached for going to court to assert the executive privilege in the first place. According to Starr and Kavanaugh, the privilege assertion was itself impeachable, because it was purportedly meritless and Clinton had managed to use the privilege litigation to delay Starr’s investigation. As the Starr Report put it, the temporary delay amounted to an illicit “conceal[ment]” by Clinton of his “personal misconduct.” Starr and Kavanaugh also argued that Clinton should be impeached because he refused to voluntarily testify himself, despite the fact that (unlike Trump) Clinton ultimately testified after receiving a subpoena; once again, mere delay was deemed potentially impeachable.

The House did not ultimately include the Starr/Kavanaugh theory of obstruction by litigation delay in its articles of impeachment, but then, Trump’s stonewalling scheme is far more comprehensive than anything Clinton ever attempted. 

Clinton voluntarily dropped his litigation challenges, thus allowing Starr to obtain the evidence he sought in more than sufficient time to complete his report. All of the relevant evidence was ultimately made available to Congress in connection with its impeachment inquiry. By contrast, Trump has managed to employ litigation—and outright obstinacy—to keep potentially important documents and witnesses relating to the Ukraine investigation wholly out of the hands of Congress. Furthermore, Trump has gone to court in an effort to prevent Congress from reviewing the testimony and documents underlying Robert Mueller’s investigation as well. 

It is not hard to imagine what a young Brett Kavanaugh would say about Trump’s bad-faith use of the courts to stonewall Congress’ investigation. He would say it amounts to “unlawful” presidential obstruction of Congress.

 

https://www.yahoo.com/news/brett-kavanaugh-wrote-hiding-evidence-095214318.html

 

GO RV, then BV

[jaybake]

Oh please, really?  Can the demonrats prove any wrong dong the President has done?  Wow, the demonrats didn't have any problem with what Obama did, but have an audacity to write something about Trump.  Shush. 

[MyLadiesDaddy]

Now Kavanaugh is your hero 

Hypocrisy at it's best 

[Indraman]

So let me get this straight, any President who withholds evidence or has withheld evidence from Congress can be an "Impeachable Offense"?

 

Where was this article and this rage when Obama was in office?

 

As Obama used Executive Privilege to withhold Executive Branch information from Congress during the "Fast & Furious" investigations, so is Trump using his Executive Branch authority to do the same. We have three co-equal branches of government..the Democrat controlled House is not the Prosecutor, Judge, and Jury of the Executive Branch. If there was some Constitutional Amendment that I missed recently, please inform me and the rest of the public.

 

Indy

[Pitcher]

It has become very obvious that we have a double standard when it comes to the Rule of Law.  If the Dems get away with this charade then our Country will never be the same.  It appears we have a dual Judiciary where the Dems can say and do whatever they want using the Intel Comunity, the Media, and Co conspirators in other countries to Impeach a President because they don’t like him.  They basically have their criminal and are just looking for a Crime to pin on him.  

 

Pelosi can give all the news conferences she wants but she and her Treasonous Dems have not come up with an Impeachable offense, at least not from that sham of an inquiry that the Liar Schiff held.  They withheld evidence and paraded Dem hacks to pontificate about NOTHING!!!  Schiff did not produce one FACT based witness except the Ambassador and he said “ Trump didn’t want anything”.  No Quid, no Pro, and no Quo!!!!  

 

Please hold your vote Nancy.  Let us see which Dems in Red territory are traitors to their constituents so we can vote them out.  Let’s have a trial so we can bring Nancy, Schiff, Joe and Hunter Biden to testify before the Senate.  You Dems and your supporters are going to pay a terrible price for your unlawful and one sided application of our Laws.  Talk about impeding and disrupting an election, the Dems have been doing everything in their power to keep President Trump from being elected again in 2020.  They have trashed the electoral process more than the Russians could ever have dreamed up.  I’m sure they are laughing at our Democracy even as the Dems try to RUIN it!!!!

 

Now after writing all of the above you need to know I’m no huge Trump supporter.  I am a supporter of the Rule of Law and our Constitution. If the Dems don’t like President Trump do something positive for the people of the USA, put up a real Presidential Candidate (and vote that person into office).   You Dems haven’t done Jack Squat for the American people and your last Presidential Candidate was horrible.  You Dems have weaponized and corrupted the CIA, the FBI, the NSA, the Media, and the House of Congress all in an attempt to tarnish this “illegitimate ( their words) President.  You have wasted 3 years and millions of tax dollars on your folly.  The Work you took an oath to do for the American People is being held hostage and the people will vote you out come November.  I am anxiously waiting for the Truth to be revealed starting Monday and cannot wait for the criminal referrals that are coming from Dunlap.  

[Pitcher]

I hope this finds its way to the Supreme Court. Judge Kavanaugh will come down so hard on the Dems their eyes will pop out.  

 

 

Edited December 6, 2019 by Pitcher

[Shabibilicious]

 

GO RV, then BV  

[Shabibilicious]

49 minutes ago, jaybake said:

Oh please, really?  Can the demonrats prove any wrong dong the President has done?  Wow, the demonrats didn't have any problem with what Obama did, but have an audacity to write something about Trump.  Shush. 

 

Tell us more of the "wrong dong" Trump may have done.  

 

GO RV, then BV

[Pitcher]

I’ll leave that to you but if you want I can tell you what Biden, Obama, HRC, Brennan, Strzok, McCabe, Comey, the Dem Media the Liberal elites and many more did wrong.  We’ve heard the Dems accusations, had your Gestapo Mueller Investigation, and your Hysterical Schiff one sided Impeachment Trial.   I believe it’s time to hear the other side of the story.  Let’s see what the IG report and Dunlaps reports say.  

[Pitcher]

I gave you a laugh since your last post gave me a chuckle.  

[Shabibilicious]

3 minutes ago, Pitcher said:

I’ll leave that to you but if you want I can tell you what Biden, Obama, HRC, Brennan, Strzok, McCabe, Comey, the Dem Media the Liberal elites and many more did wrong.  We’ve heard the Dems accusations, had your Gestapo Mueller Investigation, and your Hysterical Schiff one sided Impeachment Trial.   I believe it’s time to hear the other side of the story.  Let’s see what the IG report and Dunlaps reports say.  

 

What happened to that equal justice guy we've all come to know?  

 

GO RV, then BV

[Pitcher]

If Trump is found guilty with real evidence and a real trial where he is allowed to defend himself under a fair and unbiased judge that adheres to the Rule of Law then I will be happy to say he got what he deserved. I haven’t seen any of the mentioned above,  YET!!!!!

 

Every American should be very alert to the whimsical attempt by the Dems to Impeach a President.  If he is Impeached from the Schiff Inquiry which was conducted in secrecy, without true cross examination or the right to call rebuttal witnesses then the Dems have weakened the Presidency with their political hack job on Trump.   What will keep any future President from being Impeached with such flimsy, biased, and unethical political abuse.  Find a real crime and bring forth real evidence, and be prepared to be cross examined like any other person who has been accused of wrongdoing.  

[Shabibilicious]

9 minutes ago, Pitcher said:

If Trump is found guilty with real evidence and a real trial where he is allowed to defend himself under a fair and unbiased judge that adheres to the Rule of Law then I will be happy to say he got what he deserved. I haven’t seen any of the mentioned above,  YET!!!!!

 

Every American should be very alert to the whimsical attempt by the Dems to Impeach a President.  If he is Impeached from the Schiff Inquiry which was conducted in secrecy, without true cross examination or the right to call rebuttal witnesses then the Dems have weakened the Presidency with their political hack job on Trump.   What will keep any future President from being Impeached with such flimsy, biased, and unethical political abuse.  Find a real crime and bring forth real evidence, and be prepared to be cross examined like any other person who has been accused of wrongdoing.  

 

Darn near impossible to cross examine a witness that refuses to appear, thanks to Donald.  Real American patriots stepped to the plate and did their civic duty by appearing and testifying truthfully and transparently, knowing full well their credibility would be assaulted by the Right.  As always, just my opinion.

 

GO RV, then BV

Edited December 6, 2019 by Shabibilicious

[Pitcher]

Kind of like Flynn right.  Why would anyone put themselves before a Congress that has lied and tried to manipulate the facts to meet their agenda to impeach Trump.  They should have showed up and did the same thing the lady from the IRS did when asked to testify about the Obama Administration!!  

[Pitcher]

12 minutes ago, Shabibilicious said:

Real American patriots stepped to the plate and did their civic duty by appearing and testifying truthfully and transparently, knowing full well their credibility would be assaulted by the Right.  As always, just my opinion.

 

 

Real American Patriots know a con job, a frame up, and a one sided application of our Laws and have every right to be critical of the perpetrators of hate. The Professor from Stanford who just had to be cute and bring President Trump’s son into the Inquiry. She was a true Patriot all right.  Another political hack who HATES and thinks she knows it all.  Not

[Pitcher]

By the way I believe you have stated many times your hatred of our President Shabbs.  You are so blind with rage you are willing to trash the Rule of Law and the Constitution in order to be rid of him.  Very short sighted my friend. 

[Pitcher]

You think you are so right you feel a need to cross examine everything I write.  Your judgement is skewed Shabbs.  I’m not your enemy.  

[MyLadiesDaddy]

Just now, Pitcher said:

You think you are so right you feel a need to cross examine everything I write.  Your judgement is skewed Shabbs.  I’m not your enemy.  

I've been trying to convince him that for years. 

[jaybake]

33 minutes ago, Shabibilicious said:

 

Darn near impossible to cross examine a witness that refuses to appear, thanks to Donald.  Real American patriots stepped to the plate and did their civic duty by appearing and testifying truthfully and transparently, knowing full well their credibility would be assaulted by the Right.  As always, just my opinion.

 

GO RV, then BV

I bet you didn't have a problem with Obama administration when they did the same thing. lol 

[A.M.]

Shabs, you drinking Pelosis kool-aid?

[Shabibilicious]

On 12/6/2019 at 3:01 PM, Pitcher said:

By the way I believe you have stated many times your hatred of our President Shabbs.  You are so blind with rage you are willing to trash the Rule of Law and the Constitution in order to be rid of him.  Very short sighted my friend. 

 

Wrong....never one time have I said I "hate" Trump....I'm merely a never Trumper because my moral compass still works.  

 

GO RV, then BV

Edited December 9, 2019 by Shabibilicious

[Shabibilicious]

 

On 12/6/2019 at 3:19 PM, jaybake said:

I bet you didn't have a problem with Obama administration when they did the same thing. lol 

 

What situation are you speaking of.....Hils testifying to congress for 10 plus hours over Benghazi?

 

GO RV, then BV

[Shabibilicious]

On 12/6/2019 at 8:47 PM, A.M. said:

Shabs, you drinking Pelosis kool-aid?

 

Nope, Trump's on video are enough for me.  

 

GO RV, then BV

[coorslite21]

On 12/6/2019 at 2:42 PM, Shabibilicious said:

 

Darn near impossible to cross examine a witness that refuses to appear, thanks to Donald.  Real American patriots stepped to the plate and did their civic duty by appearing and testifying truthfully and transparently, knowing full well their credibility would be assaulted by the Right.  As always, just my opinion.

 

GO RV, then BV

 

Your statement here is pure BS.         CL

[Shabibilicious]

Just now, coorslite21 said:

 

Your statement here is pure BS.         CL

 

By BS you mean spot on, right?    My original opinion was absolutely right, as that's exactly what happened....not one witness went unattacked by the Right.

 

GO RV, then BV