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originally posted by: Irishhaf
a reply to: Gryphon66
I agree, I just don't see it happening with either of the big 2.
Trump's not even claiming that with the House, he's just trampling the Constitution
A House subpoena is a direct result of the powers granted to the Congress in the Constitution.
The President is limited to the powers granted to him.
What's the reason the President would want to do that again? Oh, that's right, to hide crimes.
Yes, they have.
The power to investigate and issue supoenas was agreed upon by the whole House with the adoption of the Rules at the beginning of the Session.
Mueller gave ten instances in which obstruction could have occured.
He specificaly was prevented from making a determination as to the crime committed because of DOJ policy.
You're hand-waving through the rest of your post.
First, a traditional prosecution or declination decision entails a binary determination to initiate or decline a prosecution, but we determined not to make a traditional prosecutorial judgment. The Office of Legal Counsel (OLC) has issued an opinion finding that “the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions” in violation of “the constitutional separation of powers.”1 Given the role of the Special Counsel as an attorney in the Department of Justice and the framework of the Special Counsel regulations, see 28 U.S.C. § 515; 28 C.F.R. § 600.7(a), this Office accepted OLC’s legal conclusion for the purpose of exercising prosecutorial jurisdiction.
Now you're cherry picking quotes? Link me saying they voted on impeachment.
No, a subpoena doesn't have to be for a "legislative purpose"
the House has oversight and impeachment powers... either one is legitimate use of investigation and subpoena.
The power of the Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes. It includes surveys of defects in our social, economic or political system for the purpose of enabling the Congress to remedy them. It comprehends probes into departments of the Federal Government to expose corruption, inefficiency or waste. But, broad as is this power of inquiry, it is not unlimited. There is no general authority to expose the private affairs of individuals without justification in terms of the functions of the Congress. … Nor is the Congress a law enforcement or trial agency. … No inquiry is an end in itself; it must be related to, and in furtherance of, a legitimate task of the Congress
I've been told what ardent Trump supporters want to believe. Do you need me to quote from the Mueller Report?
“I want to add one correction to my testimony this morning," Mueller said. "I want to go back to one thing that was said this morning by Mr. Lieu, who said and I quote, ‘You didn’t charge the President because of the OLC opinion. That is not the correct way to say it. As we say in the report and as I said at the opening, we did not reach a determination as to whether the President committed a crime.”
I am glad to see the SCOTUS rule to restore the Constitution.
And yet, a justice dept that argues in a court of law that exalts the executive to the point where he cant be investigated, cant be indicted, cant be arrested in the criminal system and cant be forced to cooperate in a congressional inquiry either, regardless of the crime probably would cause that judge to look at all of the laws and policies at play and decide to overturn something.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
...since even if illegalities have been found, the justice dept's hands are tied because of the policy that a sitting president cant be indicted and Congress' hands are tied because the justice dept is blocked from handing the information over to Congress so they can impeach.
originally posted by: Dfairlite
The constitution implies this very strongly. It's not really even an arguable thing. It's something we have all known and accepted for a long time. The president must be removed via impeachment before he is subject to any criminal investigation or indictment.
Absolutely not true.
The only document that establishes the concept of Presidential immunity is the DOJ procedural memos.
No one is above the law.