Rudy Publishes Huge Op-Ed Exposing Pelosi & Her Sham Impeachment: Supreme Court Should Dismiss Articles of Impeachment Because They Fail to Charge Constitutional Crimes

Lawrence David| Rudy Giuliani has authored an op-ed that makes too much sense for the anti-Trump media to address/refute.  So they have ignored it.  

By Rudy Giuliani

Democrats’ obsession from day one to impeach President Donald J. Trump, without regard to substance or process, led them to change the grounds for impeachment every couple of months. In doing so they have gone from Russian collusion to obstruction of justice, to quid pro quo, to bribery.

House Democrats have put our constitutional government in grave danger by attempting to rewrite the carefully calibrated separation of powers under our Constitution and usurping powers not granted to the House. They have brought Alexander Hamilton’s nightmare of an entirely partisan impeachment to fruition and are making a mockery of fair proceedings.

While the Constitution does give the House broad discretion in impeachments, there are limits. The most explicit of these is that impeachment can only be for, “Treason, Bribery, or other high Crimes and Misdemeanors.” (Art. II, Sec. 4, U.S. Constitution) However, the articles for impeachment voted on by this entirely partisan Democratic Congress, which are currently being unconstitutionally withheld from the Senate, charge no such offenses. In fact, abuse of power and obstruction of Congress are not crimes of any kind, high or low. Therein lies the real reason why House Speaker Nancy Pelosi has refused to send the two articles of impeachment to the Senate.

Let’s examine the charges.

The first article of impeachment is based on “abuse of power,” which is not a crime of any kind, high or low. The basis for this claim was Trump asking Ukrainian President Volodymyr Zelensky to investigate substantiated allegations of Ukrainians illegally supplying information to officials of the Democratic Party to, in the words of one of the Ukrainian co-conspirators, “destroy the Trump campaign.”

Trump also asked Zelensky to investigate allegations of bribery, extortion and money laundering at the highest levels of both governments, all of which are substantiated by a taped admission, four witnesses and numerous documents. These pending allegations of very serious joint American-Ukrainian corruption, not addressed and properly investigated, make it impossible to address the long-standing problem of Ukrainian corruption and how Americans are profiting from it.

The “abuse of power” claim seeks to undermine the president in exercising his constitutional power and duty to conduct the foreign policy of the United States and derives from a disagreement by the House Democrats in how this administration conducted foreign policy. As laid out in Article II, Section 3 of the U.S. Constitution, the president must exercise his law-execution power to “take Care that the Laws are faithfully executed.” The limited congressional power in this area does not include the ability to remove a president based on a partisan disagreement. If it did, this would give the House veto power over the way in which a president conducts foreign relations, which indeed it does not.

The second article, “obstruction of Congress,” is based on the executive branch challenging the validity of the numerous overlapping House hearings and a multitude of subpoenas. The challenges to these proceedings and subpoenas were based on recognized legal privileges that were being violated, as laid out by the law.

Awaiting proper judicial review, no documents were destroyed, cell phones were not smashed with hammers, and servers were not bleached. They were preserved for a proper judicial review and decision of legality and constitutionality, hardly an impeachable offense.

The chairmen who conducted the hearings were like a rogue judge who announced in advance Trump will be executed, but they will still grant him a trial of some kind. Their proceedings made a mockery of due process, violating almost every right granted to an accused. They threatened the president’s lawyers, including the attorney general, with contempt, arrest and criminal investigation. They even went so far as to hold secret proceedings, which they leaked selectively to a fawning press.

Indeed, the Constitution is silent on the Supreme Court’s role in an impeachment except to provide that it is presided over by the chief justice. However, the Constitution is also silent on the court’s power to declare federal and state laws and government action unconstitutional. It was determined by former Chief Justice John Marshall that judicial review is implicit as the only logical answer to constitutional standoffs between the legislative and executive branches or between the federal and state governments. The reasoning of Marbury v. Madison certainly supports the court having the power to declare an impeachment as unconstitutional if it is an overreach of the carefully balanced separation of powers.

If this impeachment is not declared illegal it would remove the constitutional limitation of crimes on the power to impeach. It would allow the House to impeach for policy differences or political leverage. It would prevent a future president to raise any challenge to the most illegal, overbroad subpoena from any of the multitude of congressional committees and sub-committees. Congress would also create for itself a veto over a president’s conduct of foreign policy. Anytime it disagrees, it could charge abuse of power.

Although there would be an immense amount of political benefit for Trump if there were to be a lengthy Senate trial, proving the vast crimes committed by Democrats during this baseless inquiry, it would be far better for the Supreme Court to reestablish the 229-year constitutional balance between our branches of government.

Then, once again, we can be a government of laws.

10 COMMENTS

  1. Of course the main stream media will ignore this, it shows what a sham this whole thing has been. Insane Queen Pelosi wants to control how the Senate runs their end of this impeachment hoax because she knows she and her cohorts are going to look like fools. Kudos to McConnell for holding his position on all this.

    • I call the two key Demoncrats; King Ahab and Queen Jezebel! You will find their story and evil agenda in the Old Testament! I’d tell you which Book, Chapter, etc., but it will spoil the FUN and correlation between then and NOW! The HUMAN “Mind of Man” never changes! The ONLY thing that “changes” us, or, our attitude us is our relationship with Jesus Christ! Some people will NEVER change from the sinful creature they were BORN as Read about this carnal, reprobated and degenerate couple with your HEART, not just your MIND! God will give you a discernment that will shock the britches off of you! Just as an aside: God had as much trouble with the Israelies back THEN as Jesus had’is having with the Scribes and Pharisee’s and right up to this DAY! Arrogant, egotistical, pompous, self-centered and greedy people RULE the EARTH!! Sound familiar? Just remember; God is still in control and NOTHING will change that! Paupers/ Principalities; it matters not a whit to God Almighty! He loves us ALL the same!

  2. The Democrats planned a coup against a duly elected President immediately, actually 19 minutes after he was sworn in before he had even reported to work for the first time. They were aided by the FBI, CIA, NSA, DOJ and the Department of State and even with the collusion of foreign powers who are supposed to be allies. A Million Dollars and four investigations totally exonerated Trump but the Stalinist Democrats found him guilty anyway on accusations that do not qualify as empeachable offenses. The Meuller investigation and the IG of the DOJ found him not guilty even when it can be argued that Meuller would have liked to have found him guilty. It’s bad enough that his report stated that Trump could not be exonerated which is saying that they could find no fault but he may without any evidence be guilty anyway. Democrats have no understand of one of the cornerstones of a free society which is the presumption of innocence. Stalin, Hitler, Mao and the English medieval Star Chamber court were Democrats. Even the American mass media supports this treason. They are no different than Pravda and Isvestia of the now dead totalitarian Soviet Union. The fact that half of the American population supports this corruption is a reflection of the leftist take over of Academia that has brainwashed and dumbded down the country since the 1930s which was planned by the U.S.S.R. When it reaches this stage the country is hanging by it’s finger nails and may well be doomed. The founders warned the new republic that if it was lucky it would only last 250 years and would fall from within. Like my Canada which has fallen with the election and re-election Of the politically correct moron Justin Trudeau, son of his Marxist father Pierre Trudeau the U.S. my well be doomed. It’s the same as the expression that the Muscovites were partying when Napoleon was at the gates. They’re actually talking about the total moron AOC as a future Presidential candidate. Say goodnight America.

  3. Pres. Clinton signed a law in 1998 or 1999, allowing a Pres. to SEEK LEGAL HELP from other countries in CRIMINAL MATTERS.

  4. I agree
    Leave the PRESIDENT do his job and stop this Democratic harrassment now. Dismiss these fraudulent charges immediately.

  5. We need a Senate investigation into all matters relative thereby exposing the Democratic unconstitutional activities which have led us to this point to prove the Dems have no proof of any wrongdoing by Mr. Trump but by thorough investigation bring out all the lies being committed by the Dems UNDER OATH so they can be prosecuted. Rudy will have great fun putting them all in jail!

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