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***Official Donald J. Trump Impeachment (Whistleblower) Thread*** (4 Viewers)

He was using the power of his office to help get himself reelected.  Seems like an all day everyday type of action by politicians.

I would call it a nothing burger because you would then have to point this gun at our entire political system.

 eta - obviously isn't right, but that is how it works.
Except people actually reading this are saying it’s unprecedented.  This isn't normal or like all in the political system.  This isn't politics as usual.

 
If it crosses into foreign relations, there is no reason the president can not assist.  And since the DOJ is part of the executive branch, it makes it his concern.  
I think your argument would be very persuasive if biden was currently a senator or congressman. In fact, i would probably support that argument. 

Because he isnt, it is simply too much of a reach to make this a story about protecting our national interest. 

 
The actual question was "37. Do you think that President Trump should be impeached and removed from office, or don't you think so?"

The "and" kind of loads the question.  It's like asking if someone should be tried for murder AND executed.  That shouldn't be one question. 
Does anyone think he should be impeached but not removed from office?  That would be strange.  ( An impeachment inquiry, on the other hand, is different. Hopefully we get polling on that.)

 
Mods, suddenly I’m seeing posts from Don’t Noonan. He’s on my ignore list and checked that all posts, replies and mentions should be blocked. Most are, but today I’m getting some, and it reminds me why I took the action. Is this a bug?
It takes a second for the ignore feature to work.   If someone is flooding the board with posts and you're active in the thread, you'll see their most recent posts.   If you refresh the page after 30 seconds or so, they'll disappear.   

 
Morning consult did an impeachment poll from September 20-22, and another one from September 24-26. Overall, there was a 13-point net swing in favor of impeachment.

Code:
As you may know, the first step toward removing a president from office is impeachment. Do you believe Congress should begin 
impeachment proceedings to remove President Trump from office?

September 24-26

Total:
Yes 43% (+7 since Sep 20-22)
No 43% (-6)
Unsure 13% (-2)

Democrats:
Yes 79% (+13)
No 12% (-5)
Unsure 10% (-6)

Republicans:
Yes 10% (+5)
No 85% (-4)
Unsure 5% (-1)
 
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Does anyone think he should be impeached but not removed from office?  That would be strange.  ( An impeachment inquiry, on the other hand, is different. Hopefully we get polling on that.)
Impeachment is basically an indictment.  Being impeached, doesn't make one guilty or presume any punishment.  Bill Clinton was impeached but not removed from office.  

 
After reading the "transcript" of the call and the Whistleblower complaint, my only question is what high crime(s) and/or misdemeanors have Trump, Barr and others committed to frame the impeachment inquiry?  I understand that using the Office of the Presidency and leveraging financial aid to strong arm a foreign leader into gathering dirt on a political rival is awful, awful behavior that is blatantly un-Presidential and should never be condoned, but what law or Constitutional provision is being broken?  In other words, taking everything that has been reported as true, are there grounds (high crimes and misdemeanors) to impeach?  

If carried out and not reported, could this ask for Ukranian assistance be deemed a campaign finance violation?  To me, it seems that the Stormy Daniels stuff is far more compelling and easier to prove since it was completed and the fixer who organized it has already been convicted.  Trump's delay of aid, by itself, doesn't seem to be criminal, and just asking for dirt and a sham, politically-motivated investigation doesn't seem to raise a campaign finance issue. 

Is it the cover-up, which included reclassifying and destruction of the actual transcript of the call, and possible violations of the Whistleblower Act?  Seems like the ever expanding claims of executive privilege would need to be litigated before this claim gets fully vetted, as those are the purported justifications for delaying disclosure.  Now that it's mostly been disclosed and the Whistleblower has been protected, is there a violation?

Is it more general, loyalty to office and allegiance to the Constitution stuff?  I get that these factual allegations, which have essentially been admitted to by the White House, are repulsive on their face, but such esoteric reliance upon basic ethical principles and official duty went out the window a long time ago with this band of grifters.  Is using your office for private political gain expressly prohibited in the Constitution/Code?  

Is there something more specific?  If not, it seems that a more methodical approach that includes obstruction of justice, emoluments, campaign finance, and other misdeeds would close the door on Republicans arguing "Even if he did it.  What's the crime?"  It would take more time to flesh all of this out, but wouldn't that be a safer and more effective route?
Not sure anyone really answered your question so I will go ahead and do so.  It is a crime to solicit the assistance of a foreign government in a federal election.  Asking the President of Ukraine to open an investigation of a political rival is just that.  The allegations  in the compliant go even further than that (cover up, witholding money, etc..).  This of course doesn't even go to things that aren't crimes such as abuse of power.  

I know this isn't a legal reason but the stupidity of it is shocking.  This is a man who has spent the last 3 years dogged by the Russian investigation and he goes ahead and does exactly what was alleged in that investigation (working with a foreign government to win an election) on a phone call with dozens of people listening.  The man is a ####### idiot.   

 
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No, prominent attorneys have agreed.
They're wrong- and they're right.

They're wrong legally, because the basis of their argument is that a high crime and misdemeanor has to involve some sort of actual LEGAL crime. But the Constitution doesn't say that, and James Madison in his papers made it clear that this was deliberate because a President could commit a high crime without committing a legal crime. So you can impeach and remove the President based on abuse of power. However, if that happened, once he was out of office you can't indict him on abuse of power.

They're right in terms of reality, because the lack of a quid pro quo would give Republican senators the reason they need to acquit Trump. Practically speaking the only way you're ever going to get a conviction is if you have clear cut proof of an actual, serious crime against the interests of the United States. (In the case of Bill Clinton, the crime of lying under oath about a sexual matter was seen as not acting against the interests of the United States, and this was ultimately why Clinton was not convicted.)

 
Here's another datapoint, this from NPR/PBS/Marist. This poll was conducted yesterday, before the whistleblower complaint was released:

Code:
Do you approve or disapprove of the House of Representatives formally starting an impeachment inquiry into President Trump?

Total:
Approve 49%
Disapprove 46%
Unsure 5%

Democrats:
Approve 88%
Disapprove 10%
Unsure 2%

Republicans:
Approve 6%
Disapprove 93%
Unsure 1%

Independents:
Approve 44%
Disapprove 50%
Unsure 7%

 
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Does anyone think he should be impeached but not removed from office?  That would be strange.  ( An impeachment inquiry, on the other hand, is different. Hopefully we get polling on that.)
No. If you believe he should be impeached, then you believe he should be removed- this is based on the modern day practice in which all of the testimony takes place before the House votes on impeachment. In the old days, ala Andrew Johnson, you could vote to impeach him while withholding judgment on his actual guilt, because in the case of Johnson no testimony came before the House. Johnson fired Edward Stanton, Secretary of War, and this violated the Tenure of Office Act (which was later deemed unconstitutional), a law passed by Congress as an attempt to protect Lincoln's cabinet. So they impeached him right after Stanton was fired without public hearings beforehand. Congress also added all kinds of other spurious charges- public drunkenness, lewd behavior, etc. But almost all of the debate in the Senate involved Stanton.

This is why I was opposed to the impeachment of Bill Clinton, because I didn't believe his crime warranted removal. I would have been in favor of a censure of Clinton.

 
They're wrong- and they're right.

They're wrong legally, because the basis of their argument is that a high crime and misdemeanor has to involve some sort of actual LEGAL crime. But the Constitution doesn't say that, and James Madison in his papers made it clear that this was deliberate because a President could commit a high crime without committing a legal crime. So you can impeach and remove the President based on abuse of power. However, if that happened, once he was out of office you can't indict him on abuse of power.

They're right in terms of reality, because the lack of a quid pro quo would give Republican senators the reason they need to acquit Trump. Practically speaking the only way you're ever going to get a conviction is if you have clear cut proof of an actual, serious crime against the interests of the United States. (In the case of Bill Clinton, the crime of lying under oath about a sexual matter was seen as not acting against the interests of the United States, and this was ultimately why Clinton was not convicted.)
It goes to show this isn't black or white and illustrates why the public will not support impeachment unless further proof comes.  As it stands now this is just noise that will be gone soon.

 
It goes to show this isn't black or white and illustrates why the public will not support impeachment unless further proof comes.  As it stands now this is just noise that will be gone soon.
Actually I disagree with all of this. Both the transcript, and even more the whistleblower report, are pretty damning. Enough so that I believe we're going to get testimony within the next couple of weeks that back up both the charges of quid pro quo and cover up. And I further believe the public, other than diehard Trump supporters, is getting this as well, which is why even now the public already supports impeachment- the polls just don't show it yet. As it stands now, this is anything BUT noise- it will become noise if the witnesses don't match what the report says- but that seems very unlikely at this point.

 
Here’s a Rhodes scholar with a forthcoming book on whistleblowing, praised by Ellsberg and the NYT, drawing comparison between the Ukraine whistleblower and other whistleblowers (saying “stupid ####” about “subjects he doesn’t understand” in other words).  People interested in the rights and protections of whistleblowers don’t find a huge operative difference between whistleblowers that go through official channels and whistleblowers that don’t.
Well the difference is in the damage that’s done along the way. Here Trump has destroyed the process and turned the WB in this situation as facing the same dangers as Manning & Snowden. How the ‘system’ protects them is key. Likewise if Manning & Snowden has used the WB system they’d likely be free men (er people) in America today.

 
It goes to show this isn't black or white and illustrates why the public will not support impeachment unless further proof comes.  As it stands now this is just noise that will be gone soon.
I like to think I'm part of that public. Tim likes to point out the importance of Independent voters such as myself.

I didn't care about Trumps actions so much until I read about the McGahn testimony and now this Ukraine call. 

In the past few months, I've moved from "meh" to "impeach him". 

If I feel that way now, and for some reason Trump is not impeached, I would strongly consider holding my nose and voting for whatever candidate Trump faces. 

 
I like to think I'm part of that public. Tim likes to point out the importance of Independent voters such as myself.

I didn't care about Trumps actions so much until I read about the McGahn testimony and now this Ukraine call. 

In the past few months, I've moved from "meh" to "impeach him". 

If I feel that way now, and for some reason Trump is not impeached, I would strongly consider holding my nose and voting for whatever candidate Trump faces. 
Even Warren?

I ask because you strike me as a fiscal conservative (apologies if I'm incorrect about that) and I remain curious (and somewhat skeptical) that most fiscal conservatives, even those that have come to detest Trump, could bring themselves to vote for Warren. Biden or Buttigieg, sure. Harris maybe. But Warren or Sanders, never. That's my assumption.

 
Any not representing current or recent subjects of the Russia investigation?
Yes, former U.S. attorney Joe DiGenova stated nothing Trump said on the call constitutes a crime, contrary to Judge Nap.  Here is what he said yesterday.   "The President of the United States is the executive branch under article 2, he is the chief law enforcement officer of the United States.  He can ask anyone, any citizen or foreign leader a question.  He can make a suggestion on an investigation because he runs them.  And by the way, in the latest set to with the whistle blower, the office of legal council has said that requesting information from a foreign government is not a thing of value, it is not a foreign contribution.  I must say this, I have been a U.S. attorney, an independant council, an investigative council on capital hill and house and senate.  Judge Napolitano has never been a U.S. Attorney, he has never been a federal prosecutor, he has never conducted a federal grand jury.  I have done all of those things."

 
I like to think I'm part of that public. Tim likes to point out the importance of Independent voters such as myself.

I didn't care about Trumps actions so much until I read about the McGahn testimony and now this Ukraine call. 

In the past few months, I've moved from "meh" to "impeach him". 

If I feel that way now, and for some reason Trump is not impeached, I would strongly consider holding my nose and voting for whatever candidate Trump faces. 
The call was nothing, I assume you believe the whistleblower?

 
The call was nothing, I assume you believe the whistleblower?
Who else should I believe? The other side wasn't/isn't being transparent at this time.

Moving a conversation that's appears Trump tried to get a foreign government to help him in the upcoming election to a different server is damning. Why hide something, if you have nothing to hide?

 
Yes, former U.S. attorney Joe DiGenova stated nothing Trump said on the call constitutes a crime, contrary to Judge Nap.  Here is what he said yesterday.   "The President of the United States is the executive branch under article 2, he is the chief law enforcement officer of the United States.  He can ask anyone, any citizen or foreign leader a question.  He can make a suggestion on an investigation because he runs them.  And by the way, in the latest set to with the whistle blower, the office of legal council has said that requesting information from a foreign government is not a thing of value, it is not a foreign contribution.  I must say this, I have been a U.S. attorney, an independant council, an investigative council on capital hill and house and senate.  Judge Napolitano has never been a U.S. Attorney, he has never been a federal prosecutor, he has never conducted a federal grand jury.  I have done all of those things."
:own3d:

 
Yes, former U.S. attorney Joe DiGenova stated nothing Trump said on the call constitutes a crime, contrary to Judge Nap.  Here is what he said yesterday.   "The President of the United States is the executive branch under article 2, he is the chief law enforcement officer of the United States.  He can ask anyone, any citizen or foreign leader a question.  He can make a suggestion on an investigation because he runs them.  And by the way, in the latest set to with the whistle blower, the office of legal council has said that requesting information from a foreign government is not a thing of value, it is not a foreign contribution.  I must say this, I have been a U.S. attorney, an independant council, an investigative council on capital hill and house and senate.  Judge Napolitano has never been a U.S. Attorney, he has never been a federal prosecutor, he has never conducted a federal grand jury.  I have done all of those things."
Just on the substance of what you have here, my original point was that Fox had a panel of ‘experts’ who weren’t experts clamoring about The Man (aka Deep State) keeping them down, while Napolitano was not invited. He was a state Supreme Court Justice, and a State Judge:

>>While on the bench from 1987 to 1995, Judge Napolitano tried more than 150 jury trials, and sat in all parts of the Superior Court – -Criminal, Civil, Equity, and Family. He has handled thousands of sentencings, motions, hearings, and divorces.<<

- He’s also regularly steadfastly defended Trump and attacked the Clintons & Obama on Fox.

I wasn’t pointing to Nap for veracity, just highlighting how Fox viewers will turn out anyone who they’re told to when it suits them.

 
Yes, former U.S. attorney Joe DiGenova stated nothing Trump said on the call constitutes a crime, contrary to Judge Nap.  Here is what he said yesterday.   "The President of the United States is the executive branch under article 2, he is the chief law enforcement officer of the United States.  He can ask anyone, any citizen or foreign leader a question.  He can make a suggestion on an investigation because he runs them.  And by the way, in the latest set to with the whistle blower, the office of legal council has said that requesting information from a foreign government is not a thing of value, it is not a foreign contribution.  I must say this, I have been a U.S. attorney, an independant council, an investigative council on capital hill and house and senate.  Judge Napolitano has never been a U.S. Attorney, he has never been a federal prosecutor, he has never conducted a federal grand jury.  I have done all of those things."
Yeah, this argument has also been made by Dershowitz. Putting aside the fact that both of them have defended Trump at every instance, it certainly doesn't gibe with the vast majority of legal thinking on the issue.

I've been listening to DiGenova for years. When the President is a Republican, the Constitution seems to grant him almost unlimited authority. When the President is a Democrat, the Constitution severely restricts his powers. This inconsistency is the definition of the hyperpartisan. 

 
Yes, former U.S. attorney Joe DiGenova stated nothing Trump said on the call constitutes a crime, contrary to Judge Nap.  Here is what he said yesterday.   "The President of the United States is the executive branch under article 2, he is the chief law enforcement officer of the United States.  He can ask anyone, any citizen or foreign leader a question.  He can make a suggestion on an investigation because he runs them.  And by the way, in the latest set to with the whistle blower, the office of legal council has said that requesting information from a foreign government is not a thing of value, it is not a foreign contribution.  I must say this, I have been a U.S. attorney, an independant council, an investigative council on capital hill and house and senate.  Judge Napolitano has never been a U.S. Attorney, he has never been a federal prosecutor, he has never conducted a federal grand jury.  I have done all of those things."
Where did you pull that quote from?  Because there are a whole bunch of spelling errors.  Was that from a news publication?

 
Even Warren?

I ask because you strike me as a fiscal conservative (apologies if I'm incorrect about that) and I remain curious (and somewhat skeptical) that most fiscal conservatives, even those that have come to detest Trump, could bring themselves to vote for Warren. Biden or Buttigieg, sure. Harris maybe. But Warren or Sanders, never. That's my assumption.
I'm a lot of things. Depending on the state of our country. However, I like to think I'm a Patriot. (not to be confused with a Patriot's fan, yuck)

As a Patriot, above everything, I believe in our laws. You and I have had conversations about this. Whether it's coming into this country illegally, harsher penalties for drunk drivers, or support the death penalty. I expect people to be held accountable when they do something wrong. Our elected officials are not above the law. I believe this is a significant factor when it comes to the downfall of America. If for some reason, the impeachment process is unable to remove Trump from office, in my mind, it won''t mean that I think he's not guilty. Voting for anyone that would allow Trump to remain in office for another term would be fundamentally wrong in my book. Voting for Gary Johnson in the last election served a secondary purpose.

To be honest, living in a red state, I don't know if my vote will matter regardless. But, I will be able to sleep at night knowing I tried to be part of the solution. 

I mentioned after the August debate that I like Pete and Yang. But, it's less about what I like and more about what I don't like. I can hope that the GOP learns from it and presents better candidates in 2024.

 
I'm a lot of things. Depending on the state of our country. However, I like to think I'm a Patriot. (not to be confused with a Patriot's fan, yuck)

As a Patriot, above everything, I believe in our laws. You and I have had conversations about this. Whether it's coming into this country illegally, harsher penalties for drunk drivers, or support the death penalty. I expect people to be held accountable when they do something wrong. Our elected officials are not above the law. I believe this is a significant factor when it comes to the downfall of America. If for some reason, the impeachment process is unable to remove Trump from office, in my mind, it won''t mean that I think he's not guilty. Voting for anyone that would allow Trump to remain in office for another term would be fundamentally wrong in my book. Voting for Gary Johnson in the last election served a secondary purpose.

To be honest, living in a red state, I don't know if my vote will matter regardless. But, I will be able to sleep at night knowing I tried to be part of the solution. 

I mentioned after the August debate that I like Pete and Yang. But, it's less about what I like and more about what I don't like. I can hope that the GOP learns from it and presents better candidates in 2024.
Thanks

 
Weebs210 said:

When you already think he's guilty before even reading the text I could see why you could think that.

I didn't think he was guilty until I saw the part where he said "Do us a favor..."

Once he made the request, he committed a crime. The quid is the crime, not the quo.
 
I thought Elissa Slotkin's comments on CNN a bit ago were pretty good. Very narrow in scope. I think that is the way to go. Otherwise the weeds start to get real tall. 
The fact that things have to be parsed and so carefully crafted should be your first clue that this doesn't rise to level Dems WANT it to.

 

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