illiniowl
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RE: Texas Senate Race
(09-23-2018 11:03 AM)tanqtonic Wrote: (09-23-2018 10:38 AM)illiniowl Wrote: (09-23-2018 09:16 AM)Owl 69/70/75 Wrote: (09-23-2018 08:50 AM)tanqtonic Wrote: As an additional 'on its own' show stopper for Robert:
his explicit support and indication that he would vote for impeachment of Trump right now.
Not saying I wouldnt be unhappy if an impeachment or impeachment trial occurred, DJT is a creep and perhaps unprepared for the job. Unfortunately the Constitutional requirement is for "high crimes and misdemeanors", *not* that I have my panties in a wad at the level Robert seems to be at on the issue.
Further, if one can show the prerequisite, one could make the argument that it would be improper not to vote for a conviction on impeachment in the Senate. But again, at the present time that evidence just seems to be unicorn breaths and bunny farts in terms of tangible evidence.
Arguably, the impeachment power is *the* most important power of the Senate, bar none. If Robert wants to flippantly pre-judge an outcome of this most important power, so be it. His choice.
But, if Robert shows a pre-judgement on this matter of this importance, or for that matter if any Senate candidate showed a pre-judgement for either position on this, it is a show-stopper. It is also damn near proof positive to me that such a candidate who makes that leap to justice is absolutely and fundamentally unfit for the job of United States Senator.
I think that is evidenced by his views on the Dallas police officer shooting. Let the justice system work. Or you can go down Robert's path and pre-judge. Again, stepping out any sort of judgement on the issue, whether the viewpoint that the officer should be tried and convicted of murder, or whether she is lily-white innocent, shows to me an individual with character traits who is fundamentally unfit to hold the office of a United States Senator.
Add to my list.
For the record, I would also disqualify anyone who said he/she was automatically going to vote against impeachment (if a candidate for the house) or conviction and removal (if a candidate for the senate). We don't need to be electing those with prejudiced views before facts are available on such serious matters.
Well, but the difference between an impeachment trial and a criminal prosecution is that the former is really an inherently political proceeding, right? The fundamental question of whether the defendant actually "did it" that demands that the factfinder keep an open mind to go where the evidence leads is not always really present in impeachment. Rather, the judgment to be made is (usually) whether admitted or otherwise established acts warrant removal from office - a political question if there ever was one.
So I guess it might not bother me as much if a candidate says he's already made what ultimately would turn out to be a political call anyway.
But I definitely do think a candidate can be judged on the strength of the grounds for his prejudgment, if you want to call it that. What is O'Rourke saying the president should be impeached for? Because at this point I really don't think there's a serious, nonpartisan case to be made - not yet, anyway. All there is is just a lot of partisan hyperventilating - and so I do think that to prejudge impeachment *now* should be disqualifying.
While impeachment is in inherent political act, its prerequisites are "high [crimes] and [misdemeanors]".
Every impeachment (and referral and trial, since one was only referred) contained specific criminal charges in them against the President. Ostensibly since it might not be possible to bring criminal charges against a sitting President without the act of him being impeached (at least that is what is taught up to about 8 years ago in law school as being pretty much black letter law).
Johnsons contained one bull**** count, and 4 other not-so-solid counts. The remaining 6 were reciting supposed violations of law that he could be tried for.
Nixon's contained nothing but items that were actionable criminal events. And Clinton's did as well, iirc.
To judge that 'I would vote to convict for impeachment', while ostensibly a political act, is a de facto statement that the prerequisite crimes have been committed.
Yes, I stand by my statement that to state that one would or would not vote to impeach, or vote to convict in an impeachment, with no predicate facts, probably would render whomever stated either of those as unfit for the office in my view. My opinion of course.
And no, anyone who exhibited the lack of control of such prejudgement, or of being unable to control the urge to proclaim that lack of objectivity in that particular matter, I dont think I could ever vote for. No more than I could support a nomination of a Federal judge who said 'gd it I dont give a fk, Im always going to rule against abortions'. The Senate's role in the proceeding is the exact role that any judge should have in any court, and they should be expected to act in that role. And if not, they should have the self-control not to broadcast that they cannot.
As to the first bolded, I of course don't disagree that there must be predicate facts for impeachment (and that they must equal high crimes or misdemeanors), my point is that in practice, when it gets all the way to impeachment, we usually know what the facts are before the proceedings even get underway. There are no issues of do we have the right guy, is that his DNA at the scene, is that his voice on the tape, etc., that in the regular criminal context we deem it vital to subject to the crucible of adversarial testing in the presence of an impartial factfinder before there can legitimately be judgment (and sentencing if guilty).
So as to the second bolded, again, perhaps that's the theoretical structure, but in practice the whole show is generally going to be about whether the facts, which are generally not in dispute, warrant impeachment, which is a political judgment. If you asked O'Rourke, I'm sure he would say there *are* predicate facts to justify his prejudgment . . . but I also think that when pressed to name them, there wouldn't be anywhere near a high crime and misdemeanor in the bunch* -- and *that* to me is more revealing of his unfitness.
*I do think the president committed some campaign finance "crimes" (the porn star payments), which I would not characterize as a high crime and misdemeanor, and in any event before becoming president. I think he's also lied about it as president but not while under oath, which also is not an impeachable offense IMO.
(This post was last modified: 09-23-2018 01:13 PM by illiniowl.)
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