FLOTSAM & JETSAM: How to handle the impeachment issue

Tuesday, May 21, 2019

How to handle the impeachment issue

Sam Smith - The issue is not whether to impeach or not, but how to reach a conclusion on the matter. The happy middle ground between  Nancy Pelosi and her critics would be to announce a full investigation of matters that might result in an impeachment. If the evidence is strong enough, the politics of the issue will take care of itself.

One problem is the refusal of Trump regime officials to testify before Congress. According to Wikipedia this is handled like this:
 In 1857, Congress enacted a law that made "contempt of Congress" a criminal offense against the United States.The last time Congress arrested and detained a witness was in 1935. Since then, it has instead referred cases to the United States Department of Justice.

Since then, it has instead referred cases to the United States Department of Justice.The Office of Legal Counsel has asserted that the President of the United States is protected from contempt by executive privilege.
The criminal offense of "contempt of Congress" sets the penalty at not less than one month nor more than twelve months in jail and a fine of not more than $100,000.
Following a contempt citation, the presiding officer of the chamber is instructed to refer the matter to the U.S. Attorney for the District of Columbia; according to the law it is the "duty" of the U.S. Attorney to refer the matter to a grand jury for action.
The argument that the Justice Department can ignore matters of law on grounds of executive privilege, essentially gives the Presidenet and the executive branch dictatorial status. The President can not fairly enforce federal law and simulatanously be exempt from it.

The proper next step is for the House to find Don McGahn in contempt and refer the matter to the US Attorney in DC.