The Perpetual Impeachment: House Democrats Tell The Supreme Court That They Are Preparing For A New Impeachment

HouseofRepSealOn Monday, the House Democrats filed a brief that with the Supreme Court that the House was actively pursuing new articles of impeachment against President Donald Trump including “the possible exercise of improper political influence over recent decisions made in the Roger Stone and Michael Flynn prosecutions, both of which were initiated by the special counsel.” The argument is meant to justify the continued demand for redacted grand-jury material from the now closed Special Counsel investigation into the Russian collusion investigation.

I have long supported the congressional demands for documents withheld by the Trump Administration as well as witnesses, including in my testimony during the House impeachment.  The ability to acquire grand jury material turns on whether an impeachment is a “judicial proceeding” under Federal Rule of Criminal Procedure 6 (e).  The district court and the court of appeals ruled that it does and that the House is entitled to the material. However, the House is arguing that this request is not moot after the acquittal of President Trump at the Senate impeachment trial.

Thus, the House is arguing that

“The [House Judiciary] Committee’s investigation did not cease with the conclusion of the impeachment trial. … The withheld material remains central to the Committee’s ongoing investigation into the President’s conduct. If this material reveals new evidence supporting the conclusion that President Trump committed impeachable offenses that are not covered by the articles adopted by the House, the committee will proceed accordingly — including, if necessary, by considering whether to recommend new articles of impeachment.”

The House specified its continuing impeachment inquiry:

“The Committee’s investigation continues today and has further developed in light of recent events. For example, the Committee is investigating the possible exercise of improper political influence over recent decisions made in the RogerStone and Michael Flynn prosecutions, both of which were initiated by the SpecialCounsel.
See Letter from Jerrold Nadler, Chairman, H. Comm. on the Judiciary, et al. to Michael E. Horowitz, Inspector General, U.S. Dep’t of Justice (May 8, 2020),https://perma.cc/799D-2PNY. The Committee has announced its intention to hold a hearing with the Attorney General—who has failed to appear before the Committee at any point on any topic during his tenure—on these issues as soon as possible.”
The inclusion of the Stone and Flynn cases blurs the line between what is an oversight and an impeachment interest.  It is hard to see a credible impeachment claim arising out of either case.  The Stone case involves a change in a sentencing recommendation while Flynn involves a motion to dismiss the case entirely. However, both cases garnered criticism long before the actions of the Justice Department and fall squarely within the area of prosecutorial discretion.  While the House has strong claims to evidence sought by committees, its claim of a perpetual impeachment are forced and artificial.  It also raises the uncomfortable prospect for the Court of a claim of impeachment authority to trump executive privileges and challenges.  The position of the House seems to be that we are able to claim the ultimate level of deference in such demands simply because we say that we have seeking a possible impeachment.  This concern is magnified by the position of Speaker Nancy Pelosi, in long refusing an impeachment vote, that she could unilaterally trigger such powers in a simple press conference.
I have previously criticized the House for its slipshod and abbreviated impeachmentprocess.  That record could become more relevant in this litigation where justices may generally support the right of the House to such evidence but remain skeptical of the fluid use of impeachment to justify such demands.

Here is the House filing to the Supreme Court

197 thoughts on “The Perpetual Impeachment: House Democrats Tell The Supreme Court That They Are Preparing For A New Impeachment”

  1. America is in a condition of hysteria, incoherence, chaos, anarchy and rebellion.

    President Abraham Lincoln seized power, neutralized the legislative and judicial branches and ruled by executive order and proclamation to “Save the Union.”

    President Donald Trump must now seize power, neutralize the legislative and judicial branches and rule by executive order and proclamation to “Save the Republic.”

    1. No, Lincoln didn’t “neutralize[] the legislative and judicial branches.” Rather, the states that seceded refused to recognize the power of any branch of the federal government.

      And we’re not in the midst of a Civil War. Your desire that Trump carry out a coup is astoundingly unpatriotic.

  2. I think the Dems want Trump elected again. They cannot be so stupid as to continue with these charades aimed at pleasing their base because most people who are not deranged now see the Dems as heavy handed and authoritarian. Funny how that is exactly what they accuse Trump of being. I think I have gone from cringing when Trump speaks to laughing at the reaction. He definitely occupies free space in their minds 24/7.

  3. Given everything that they have done to this moment can anyone truly doubt that the Democrats are tooling up to coomit voter fraud?

    1. “…can anyone truly doubt that the Democrats are tooling up to commit voter fraud?”

      They’ve been practicing for a while with “ballot harvesting.” Fortunately, each state decides for itself how to conduct elections. The blatant criminality in California and in other blue states will not diminish the vote of the citizens in the red states. That’s why the electoral college is so important.

      1. Countless studies have shown infinitesmal voter fraud at voting locations and the commission Trump set up to look into it in his 1st year disbanded with nada, nothing, zilcho, el zero, f….g butkas.

        1. PS It;s a felony with $5,000 fine and jail time for no advantage for the voter. Who does that?

              1. i have reviewed this incident before.

                first of all the allegations were proven and people went to jail.

                secondly they were also proven to have the net effect of favoring obama over hillary in the election. that is court proof of Democrat leadership jerry rigging the outcome in 2008. even if it was just a primary. a subject that some Democrats became very mad at hillary about in 2016, but they perhaps never heard of how Obama aced out Hillary in 2008. so it’s just one of those complicated things that don’t fit with Democrat rah rah people of any faction so you guys just ignore it. as you have before.

                why did the local Dem party official decide to put his thumb on the scales and help Obama stay on the ballot and thus keep his momentum against Hillary?

                Why we will never know, because, the perpetrator who orchestrated it clammed up. it’s not clear why he decided to favor obama. maybe he suddenly decided after decades of service to suddenly commit a heinous extensive voter fraud? i doubt it… rather I suspect that he had orders. from who? i would not know. definitely not from hillary nor even obama; but perhaps whatever powers favored obama. this is obscure.

                i have produced the links before, if you didn’t read them then, why bother now huh. you can look it all up. oh heck, here’s a more recent link, summarizing other more primary source materials i previously connected

                https://www.nationalreview.com/corner/election-fraud-tainted-2008-presidential-race-indiana-hans-von-spakovsky/

        2. 11.6%

          Now you know why the American Founders established a severely restricted-vote republic after severely restricting immigration to “…free white person(s).” The vote was important, sacred – the vote was limited. Voters in 1788 must have been male, European, 21 with 50 lbs. Sterling/50 acres. They must have been capable, ambitious and minimally successful. They must have met minimal criteria.

          The vote has been destroyed. American has been destroyed. The turnout was 11.6% in 1788 and that was precisely the fact of the matter, the “original intent,” the deliberate design of the Founders and was eminently and entirely acceptable to the American Founders.

          Now, the insane, diluted and polluted vote is only acceptable to communists (liberals, progressives, socialists, democrats, RINOs).

          They are “fundamentally transforming” America into a communist wasteland, euphemistically, a “Utopia.”

        3. bookworm:

          “Countless studies have shown infinitesmal voter fraud at voting locations…”
          *******************************

          Of course, that can’t be true because the Crime Party will do everything they can to stop any investigation of it. (Virginia’s crime boss flatly refused to cooperate despite proof of voter fraud). We know the Dims have written off white voters, working class voters and any other voter who understands the naked power grab they are engaged in. That only leaves criminals (restoration of rights campaigns) and illegals (open border) as their voting base. So please, spare us what the Dims say; we’re more interested in what and who they do!

        4. What a lie. There are thousands of confirmed cases of outright intentional voter fraud. One of the most common is dead voters.

          1. Princess Trohar – dead voters is why Judicial Watch is suing for clean voter rolls in several states.

  4. Given everything done to this moment can anyone truly doubt that the Democrats are tooling up to commit voter fraud?

    Mere illegality is never seen as an obstacle in their path to power.

    1. The “absentee ballot” is a valid convention, I used it once myself, but one that they’ve long abused.

      In this book Cooley explains how back when he was working for the Outfit organized crime in Chicago, they used to take a heap of absentee ballots out to the projects and pay people $5 per ballot for signed, incomplete forms. That was on behalf of Part Marcy a made man who was also a key part of Daley’s Cook County Democrat party machine. Decades ago. Maybe they will dust this method off for 2020?

      https://www.abebooks.com/When-Corruption-King-Helped-Mob-Rule/30520412706/bd?cm_mmc=ggl-_-US_Shopp_Trade-_-used-_-naa&gclid=EAIaIQobChMInpmv0r3A6QIVBNvACh1hxAXPEAQYASABEgJZ-_D_BwE

      Wait, did I say organized crime used to round up phony ballots for the Democrat in Chicago?

      No, it was Cooley who said so, and I just repeated it. I don’t know that but Cooley was a FBI witness in a few federal RICO trials against the Outfit in Chicago. He said so. He also swore that he bribed a Democrat judge to fix a felony homicide trial. Yes that guy. He knew quite a bit about the shenanigans of that era.

      https://www.chicagotribune.com/news/ct-xpm-1997-09-24-9709240125-story.html

      1. If we had sensible rules, about 5-6% of the ballots in the eastern United States might be cast by post, and perhaps 11% in the western United States. The obvious thing to do to remove certain impediments to participation would have been to hold elections on Friday evening, Saturday morning, and Saturday afternoon. Which, of course, was never done.

          1. That’s overrestrictive. If there are specific temptations for partisan activists to cajole, browbeat, and arm-twist absentee voting where the citizen isn’t self-motivated, erect prohibitions to 1:1 individual-persuasion campaigns, and use a whistleblower scheme to make sure the pestering organizers are held to account.

            We have anti-electioneering laws pertaining to behaviors on election day, and we need equivalent laws drawn up to protect mail-in voting from partisan manipulation (“harvesting”).

          2. Ivan– Just wait till they start ballot harvesting in prisons where felons have had voting rights restored.

      2. 11.6%

        Now you know why the American Founders established a severely restricted-vote republic after severely restricting immigration to “…free white person(s).” The vote was important, sacred – the vote was limited. Voters in 1788 must have been male, European, 21 with 50 lbs. Sterling/50 acres. They must have been capable, ambitious and minimally successful. They must have met minimal criteria.

        The vote has been destroyed. American has been destroyed. The turnout was 11.6% in 1788 and that was precisely the fact of the matter, the “original intent,” the deliberate design of the Founders and was eminently and entirely acceptable to the American Founders.

        Now, the insane, diluted and polluted vote is only acceptable to communists (liberals, progressives, socialists, democrats, RINOs).

        They are “fundamentally transforming” America into a communist wasteland, euphemistically, a “Utopia.”

  5. The country seems tired of endless political fighting and it would appear a grave miscalculation for the Democrats to start another fruitless impeachment proceeding prior to the November election. I believe this would turn away a large swath of voters and tip the scales towards a trump re-election.

  6. The harassment continues. This illicit and abusive action has only one purpose, to rally the base and provide fodder for the MSM, which seems like the same thing.

  7. The fact that Trump called for every type of investigation on Hillary and every political foe since day one, and wanted them locked up for whatever came to Trump’s incompetent mind, now his cult is upset. How dare anybody look into what Trump is doing. He is the State, he is the law {thanks to Barr} Trump said himself that he is the oversight of spending of billions of dollars in the {small business loans} that of course went to a well heeled private jet company and big oil and gas and coal. Now you know why he is the oversight. But how dare anyone question what Trump is doing or what country or state he is bribing. How dare anyone question that Trump Inc is the seller and buyer on his properties that the taxpayer pays for in rooms and golf carts. How dare anyone question that outside of the RNC, the Saudi’s have rentals of his rooms in DC big time. And now they got a yuge deal on arms. And the IG was fired for looking into that deal, how dare they. Maybe, if we had just one more investigation into Benghazi we could find the truth, so says his cult. But I digress.

    1. “…now his cult is upset. How dare anybody look into what Trump is doing.”

      The Trump base isn’t upset about the Dems doing their usual. This is par for the course. It’s terribly boring but it works in our favor so PLEASE impeach him again and again. Preferably, right before the election so nobody forgets to vote against the psychos. 🙂

      I especially love it when know nothing lefties bring up Benghazi because it shows their ignorance of the news event that lead directly to Hillary’s downfall: it was Judicial Watch’s lawsuit about Benghazi that revealed the fact the Hillary was illegally hiding her emails in a secret server at home. That lawsuit continues to this day with the judge directing JW’s lawyers to keep digging. Last I checked, Hillary was fighting to avoid being directly deposed by JW’s lawyers. 🙂

      1. Hillary’s email treatment was not illegal. It was against State Dept policy and was what Cony Rice and Powell did.

        1. “Hillary’s email treatment was not illegal.”

          And the sky isn’t blue.

          “and was what Cony Rice and Powell did.”

          Not even close. It was similar to what Deutch did and he needed to be pardoned by Bill on his way out the door.

          1. We need to be signing up voters and not just replying to the trolls online. They can make up ten tall tales in the time it takes to correct one.

            Here today I’ve wasted an hour stimulated by book’s usual provocations. I hope there are some people who will be stimulated to think more seriously about our situation by my comments however.

            My theme of the day: we are in a state of civil war that is non-kinetic but waged primary as informational warfare.

            The big lie is that the Russians were guiding Trump. They were not. They gave him a tiny pittance of facebook ads and not much more. No. This is the fig leaf that conceals the massive amount of help and money and opportunities that the Chicoms have given their quislings in the Democrat party over the past 30 years. They own the upper echelons of the Democrat party and this is a trade war between the USA and PRC that is being harried in the backside by informational warfare plied by the saboteurs in the Dem party leadership and their billionaire collaborators in Silicon Valley and mass media who are all intent on destroying Donald from day 1.

            Goes right back to this one:

            https://en.wikipedia.org/wiki/1996_United_States_campaign_finance_controversy

            i have a lot more where that came from. try this one out:

            “democratic-super-pac-hits-jackpot-with-chinese-company-stock”

            $5,402,259: Value of 21,635 shares of Baidu Inc. — a Chinese technology behemoth with reported ties to China’s Communist Party — that California physician Karla Jurvetson donated to Women Vote!, the super PAC branch of abortion rights group Emily’s List.

            Women Vote! sold the Baidu Inc. stock on May 10, according to FEC records. The money Women Vote! earned from the stock sale, which occurred as trade and economic tensions between the United States and China were rapidly escalating, represents more than half the money the Democrat-backing super PAC collected during May.

            “We cleared the donation through our lawyers,” Emily’s List press secretary Alexandra De Luca told the Center for Public Integrity. “They didn’t see a problem as it’s a publicly traded company” on the NASDAQ exchange.

            One elections watchdog doesn’t consider the transaction problematic.

            “The super PAC may feel a debt of gratitude to Karla, not to Baidu,” said Brendan Fischer, director of federal and FEC reform at the Campaign Legal Center. “The timing of the donation and selling of the shares was close….”

            LOL

    1. Did you see that movie about the incompetence, cowardice and treason of Obama and Hillary in the Benghazi affair? I think it was “13 Hours: The Secret Soldiers of Benghazi.” Ambassador John Christopher Stevens was brutally killed. I wonder if he would concur with your prevarication.

        1. Did you see that hospitals bill “COVID” on every death they possibly can because it pays more? Did you know that statics are manipulated just like the democrats have criminally and unsuccessfully manipulated the American constitutional system against President Trump for almost four years?

          Did you know that you can run but you can’t hide?

          Did you know that 35,000 people die on highways every year? And that usual and customary annual “flu” deaths are consistent and roughly the same as COVID-19? The minute the Chinese released the novel coronavirus globally to support their communist allies, the failing democrats, in the 2020 election, a defined number of people around the world were going to die no matter what was done, no matter what steps were taken? That’s the nature of a viral “outbreak” and pandemic.

        2. So did Fauci in late, late Jan. Fauci just repeated what the WHO director said, and he read the Chinese dictator’s script.

          Gov. Cuomo ordered by law elderly care homes to accept COVID-19 patients, which killed over 3k NY elderly, solely to make for more empty hospital beds.

          But that’s OK because Cuomo’s a Demonkraut, right?

    2. Do you know that it was Judicial Watch’s lawsuit over Benghazi that was solely responsible for uncovering Hillary’s secret email server? Obviously not. So laugh like an ignorant idiot about Benghazi, but it was Benghazi that cost Hillary the election. The Dems are dumb and ignorant. LOL.

  8. If Obama had done everything Trump had done while Republicans controlled the House, there would have been 5 or 6 impeachments already.

    1. If AG William “Mr. Deep Deep State” Barr and actors John Huber and John Durham had efficiently and effectively followed the evidence, Obama and all of his Coup co-conspirators would already be in prison or the cemetery – the secondary co-conspirators in the Lincoln assassination were hanged by the neck until dead within three months (the authentic assassin, the real John Wilkes Booth, actually got away).

  9. And we (America) are planning on eradicating the Coup members in our government…That would be most of the Democrats.

  10. Vote Trump 2020 VOTE VOTE VOTE!

    Have you witnessed the fascistic Democrat politicians actually arresting tourists on beaches? Or the authoritarian Michigan governor allowing you to buy alcohol, pot, and get an abortion, but you cannot buy seeds for your garden or get a hip replacement? Vote them ALL out! Get the wackjob authoritarian Democrats the hell out of office everywhere throughout the country.

    Just say No to Senile Corrupt Joe!

  11. “Hillary Clinton calls armed Lansing protests “domestic terrorism”

    – Fox News
    ___________________________________________________

    Hillary Clinton, as omnipotent dictator, nullifies 1st and 2nd Amendments in one fell swoop.

  12. Communists (liberals, progressives, socialists, democrats, RINOs) are conducting a clinic to train republicans in the proper use of elected office, if they would only pay attention. Perhaps the next time republicans hold the House, Senate and Presidency, they will impeach 80% of the judicial branch, impeach all of their opponents out of office and repeal America back to the “original intent” and the “manifest tenor” of the Constitution and Bill of Rights.

    His resolve and determination were amazing; “Crazy Abe” Lincoln backed into the presidency with 38.9% of the vote, seized power and ruled as a dictator until someone changed his mind. You’d think the republicans, also, could actually DO something “American” at some point.

  13. The Trump DOJ has said for months that the courts have no authority to enforce the request for documents made by Congress. As a practical matter this should be obvious. If the executive branch absolutely refuses to recognize the authority of the courts, the courts will be powerless to enforce an order.

    The Trump DOJ has argued in court that impeachment is one of the few tools available to Congress to compel the executive branch to do give up documents.

    https://thehill.com/regulation/court-battles/480730-doj-tells-court-that-congress-cant-sue-to-enforce-subpoenas

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