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50 STATES AND DC, CONGRESS AND THE PRESIDENT

ANDREW McCARTHY: THE IMPEACHMENT EYE-TEST

https://www.nationalreview.com/2019/12/trump-impeachment-inquiry-democrats-abuse-of-power-standard/

We know an impeachable offense when we see one — or do we?

T o put it mildly, the 1960s were not notorious for juridical modesty. They might compare favorably, though, to Wednesday’s episode of “The Lawyer Left Does Impeachment” at the House Judiciary Committee. Oh, I have no doubt that the three progressive constitutional scholars spotlighted by Democrats yearn in their hearts (and their classrooms) for the Warren Court, that apex of make-it-up-as-you-go-along lawyering. But even those jurists had the occasional convulsion of modesty.

The most instructive one for present purposes belonged to Justice Potter Stewart. The question before the High Court in the 1964 case of Jacobellis v. Ohio was how to define hard-core pornography for purposes of setting the elusive boundary where protected free expression transmogrifies into criminal obscenity. Assessing the terrain, Justice Stewart confessed that he could not “intelligibly” provide a workable definition … “but I know it when I see it.”

Impeachment has an eye-test, too.

You would never know that from listening to the law profs. Not that it matters much: The most memorable moment in the hearing turned out to be the mind-bogglingly moronic decision by Stanford’s Pamela Karlan to use 13-year-old Barron Trump in one of her many snarky jabs at the president. This, naturally, ignited an explosion of indignation from the pro-Trump right, whose sensibilities did not seem quite so tender when the president was tweeting about 16-year-old Greta Thunberg. That, just as naturally, inspired an even more embarrassing performance by Professor Karlan: So advanced is her Trump derangement that she is incapable of apologizing for her own poor judgment without taking another snide shot at the Bad Orange Man, lest we forget how morally superior she is.

REP.MATT GETZ VS. PAMELA KARLAN, JOHN KERRY ON BUS TOUR WITH BIDEN, KAMALA AND GILLIBRAND..

www.americanthinker.com/blog/2019/12/how_can_liberals_of_such_high_stature_stoop_to_such_catty_high_school_girl_insults.html

How can liberals of such high stature stoop to such catty high school girl insults?
Richard Jack Rail

Rep. Matt Gaetz (R-Fla.) has been a real fighter in the charade of an impeachment hearing going on in the House.  He shredded the anti-Trump lib law profs who came before the hearing, getting all three to admit donating to Democrat candidates, and one to writing snarky columns about the president.  When Pamela Karlan tried to interrupt, he cut her off at the knees: “Excuse me, you don’t get to interrupt me during this time” (the limited time he was allowed to question witnesses).

www.thegatewaypundit.com/2019/12/john-kerry-joins-joe-biden-on-iowa-bus-tour-kerry-touts-biden-as-messianic-figure-who-can-save-the-world-video/

John Kerry Joins Joe Biden on Iowa Bus Tour – Kerry Touts Biden as Messianic Figure Who Can ‘Save the World’ (VIDEO) Cristina Laila

https://spectator.org/kamala-and-gillibrand-a-study-in-black-white-of-two-identical-failures/?

Kamala and Gillibrand — A Study in Black & White of Two Identical Failures
Dov Fischer, Spectator.org

Kamala Harris finally threw in the towel the other day, joining an ever-growing congregation in the Church of “Can’t Miss Presidential Winners” and its patron saint, Saint Ludicrous. Like, she was going to be elected president of the United States in 2020? Based on what? Based on news analysts at CNN, MSNBC, CBS, NBC, ABC, PBS, the New York Times, the Washington Post, and the rest of the Corrupt Journalist Corps? Come on.

Impeaching Trump for Obstructing Congress Would Harm Checks and Balances by Alan M. Dershowitz

https://www.gatestoneinstitute.org/15247/trump-congress-checks-balances

The president, as head of the executive branch, is entitled to challenge in court legislative subpoenas that demand material that may be subject to claims of privilege. He is also entitled to insist that the legislature obtain a court order before the executive branch complies. That is how checks and balances work.

Even if the president were wrong in challenging these subpoenas, his being wrong would not come close to being an impeachable offense. What do the Democratic experts claim it is? Treason? Bribery? A high crime? A high misdemeanor? It is none of the above and is, therefore, not a basis for impeachment.

For Congress to impeach President Trump for abuse of Congress would be an abuse of power by Congress. So despite the partisan opinions of the Democratic academic experts, Congress should not include abuse of Congress among its list of impeachable offenses. Nor should it include any counts that do not fit the specified Constitutional criteria. Since the evidence adduced thus far fails to establish treason, bribery or other high crimes and misdemeanors, Congress should not vote to impeach. If it does vote to do so along party lines, it will be acting unconstitutionally and placing itself above the supreme law of the land.

Congress is not above the law. It cannot simply ignore the words of the Constitution even if a majority of its members want to impeach the president. Pictured: Members of the House Judiciary Committee in a hearing on December 4, 2019 in Washington, DC. (Photo by Saul Loeb-Pool/Getty Images)

Among the grounds for impeachment being considered by the House Judiciary Committee is that President Trump obstructed Congress by refusing to have members of the executive branch comply with Congressional subpoenas without orders of the court. This ground was given the imprimatur of the academic experts who testified for the Democrats. These experts, however, were not only wrong; their opinions pose a real danger to civil liberties and checks and balances. Moreover, it is highly questionable that these experts would have said that citizens must always comply with Congressional subpoenas without a judicial order if the political shoe were on the other foot.

The Democratic Party isn’t democratic. Their egalitarian pose helps them take power from the people and serve them up to their real constituents in the administrative state. Thaddeus McCotter

https://amgreatness.com/2019/12/06/the-democratic-party-isnt/

It’s high time American voters lodged a complaint with the Better Business Bureau (“BBB”) against an entity with a sketchy history of bogus claims and broken promises: the Democratic Party.

According to the BBB:

Misleading advertising occurs when, in the promotion of a product or any business interest, a representation is made to the public that is false or materially misleading. If a representation could influence a consumer to buy the product or service advertised, it is material. To determine whether an advertisement is misleading, the courts consider the “general impression” it conveys, as well as its literal meaning.

With that in mind, as both an oxymoron and an exercise in false advertising, the Democratic Party isn’t democratic.

In our constitutional republic, the sovereign citizenry, through elections, must consent to delegate their power to their elected servants. Even when enumerated by the Constitution, the citizenry’s delegation of power to their elected servants is temporary; and may be altered or extinguished by the people through means such as elections or the constitutional amendment process. It is this ultimate power of the citizenry that constitutes the revolutionary foundational principle of and the inviolable right of the people within our free republic.

This is why the Democratic Party isn’t democratic, unless one disingenuously uses the term in its bastardized Soviet iteration.

Trump vs. Schiff Is a Clash of One Titan His committee’s report on impeachment is weak propaganda that doesn’t even try to change minds. By Holman W. Jenkins, Jr.

https://www.wsj.com/articles/trump-vs-schiff-is-a-clash-of-one-titan-11575672861?mod=opinion_lead_pos8

Hearings were hardly necessary to show that Donald Trump, in all too characteristic a fashion, took interest in his administration’s Ukraine policy only when he saw a chance to lard on Ukrainian announcements that he could throw back in the face of domestic critics who questioned his 2016 legitimacy.

So why does Adam Schiff feel the need to stretch every truth beyond the breaking point in a House Intelligence Committee impeachment report released this week?

A media transcript plainly shows that acting White House chief of staff Mick Mulvaney was not referring to a Ukraine quid pro quo when he said politics will influence foreign policy and that critics should “get over it.” Ambassador Gordon Sondland merely “presumed” that Mr. Trump sought a quid pro quo from Ukraine. Why falsely characterize these men’s statements, as the Schiff report does, when doing so is unnecessary to convince anyone that Mr. Trump nevertheless envisioned a quid pro quo?

Mr. Schiff claims Mr. Trump delayed “critical military aid” to Ukraine, but offers no evidence that the aid was critical. (The missiles discussed in Mr. Trump’s supposedly incriminating call with Ukraine’s president were not even part of the holdup.) He insists Mr. Trump’s dealings undermined U.S. national interests, but a president is perfectly entitled to differ with Mr. Schiff over what constitutes the national interest. With a casualness you expect only from the media, he relies on the fallacy that wishing to examine Ukrainian meddling in the 2016 election is tantamount to denying Russian meddling.

Mr. Schiff must gild the few lilies in his possession to distract from a glaring omission in his own proceedings. “Fact witnesses” were called to discuss whether there was a quid pro quo, but none were called to give evidence on whether the “quos” Mr. Trump sought from Ukraine were unfounded or illegal.

Don’t underestimate this sign of Mr. Schiff’s disingenuousness. However much the media lies about it now, a Ukrainian official allied with the then-Poroshenko government spoke openly to the Financial Times in 2016 of his work to ensure Mr. Trump’s defeat.   CONTINUE AT SITE

Rep Tlaib Was Featured Headliner At Anti-Semitic Conspiracy Fest David Krayden

https://dailycaller.com/2019/12/05/rep-rashida-tlaib-headlined-anti-semitic-fest/

Democratic Michigan Rep. Rashida Tlaib was the featured attraction at a Chicago conference last Friday that was congested with anti-Semitic voices and organized by American Muslims for Palestine (AMP).

Tlaib, a member of the Democratic “squad,” known for her inflammatory statements about Israel, was the keynote speaker at the American Muslims for Palestine  summit that focused on her ability to influence the 2020 elections. Anti-Israel activist Linda Sarsour, a supporter of Democratic presidential candidate and Independent Vermont Sen. Bernie Sanders, was also in an attendance, the Washington Free Beacon reported Thursday.

The AMP views Israel as an enemy and its work is well-documented by the Anti-Defamation League (ADL), an organization  that documents groups and individuals who foster and disseminate anti-Semitic propaganda. The ADL describes the AMP as promoting “extreme anti-Israel views” and creating “a platform for anti-Semitism.”

Tlaib is well-acquainted with fringe groups that market an anti-Israel or anti-Semitic agenda. The congresswoman supports the Boycott, Divestment, and Sanctions movement that seeks to undermine Israel. Because of her support for the movement, Israel refused Tlaib entry to the country.

The representative was also an editorial contributor to a Nation of Islam publication run by the notoriously anti-Semitic Louis Farrakhan. Maher Abdel-qader, who peddles conspiracy theories about Jews and Israel, vigorously fundraiser for Tlaib’s congressional campaign and acted as her scheduler in the 2018 midterm elections.

U.S. Jobs Report Breaks Expectations, Unemployment at 50-Year Low By Zachary Evans

https://www.nationalreview.com/news/u-s-jobs-report-breaks-expectations-unemployment-at-50-year-low/

The U.S. Labor Department’s jobs report released on Friday showed accelerated hiring and unemployment at a 50-year low.

Employers added 266,000 jobs for the month of November, surging past expected gains and continuing growth from October, which saw 156,000 new hires.

 

The unemployment rate fell to 3.5%, the same as in September of this year and matching the lowest rate since 1969, according to the Labor Department’s report.

“It’s a significant surprise because economists were ready to go with the idea that payroll growth was slowing down because the job market had gotten tight,” Stephen Stanley, chief economist for broker-dealer Amherst Pierpont, told Bloomberg. “The whole tenor has changed in terms of job growth. We’re back at steady-as-she-goes at a robust pace.”

November was the first full month after the United Auto Workers union called a 40-day strike at General Motors factories. The end of the strike saw over 41,000 workers added to auto manufacturing jobs.

Adam Schiff’s Attack on the Free Press By David Harsanyi

https://www.nationalreview.com/2019/12/adam-schiff-attack-on-free-press/

Even if John Solomon’s reporting on Ukraine was misleading or destructive, it wouldn’t warrant being unmasked by the government.

Where are all the self-styled champions of the free press now that Adam Schiff has used the surveillance powers of the state to smear not only his political rivals but a journalist?

With the release of the House Intelligence Committee’s impeachment report Tuesday came the revelation that Giuliani and his Ukrainian affiliate Lev Parnas, whose metadata Schiff apparently subpoenaed, had exchanged calls with former The Hill columnist John Solomon, ranking Intelligence Republican Devin Nunes, and attorney Jay Sekulow. Even if we allow that the California congressman had genuine national-security concerns when he subpoenaed metadata from AT&T so he could snoop on his political opponents, what possible national-security concerns would justify unmasking them?

This was an impeachment inquiry, not a criminal investigation. If Nunes had conducted himself similarly with Hillary Clinton’s personal lawyers, the D.C. press corps would have exploded into a raging panic. Rest assured, if Schiff had unearthed anything meaningful — and the subpoenas reportedly went out before the impeachment inquiry even began — he would have shared the evidence during the inquiry rather than using it as partisan chum in a post-inquiry report.

None of those unmasked by Schiff were the target of the inquiry, and, as far as we know, none of their conversations he exposed were unlawful. Nor were any of these conversations relevant in making a case for the impeachment of Donald Trump, especially without information beyond the time, dates, and lengths of the phone calls.

Schiff’s decision to unmask a journalist, though, was especially disconcerting. It meets none of law enforcement’s typical standards.

US job growth roars back in November, with 266,000 added By Megan Henney

https://www.foxbusiness.com/markets/november-jobs-report-employment-data

U.S. hiring surged in November, as the economy added 266,000 jobs and unemployment returned to a half-century low, a sign the U.S. is powering through a global slowdown.

The payroll number easily topped the estimate of 180,000 from economists surveyed by Refinitiv, who also saw the unemployment rate holding steady from October’s 3.6 percent.

It marks the 110th month of straight gains.

Unemployment ticked down slightly to 3.5 percent as more people were looking for work, matching a 50-year low. The labor force participation rate was little changed at 63.2 percent. Average hourly earnings, meanwhile, rose by 3.1 percent over the past year to $28.29.

Revisions, meanwhile, added 41,000 jobs for the prior two months, bringing the three-month average to 205,000, a 10-month high. (September increased by 13,000 to 193,000, and October jumped by 28,000 to 156,000). Still, job growth on average is slower than it was in 2018: The 2019 monthly average is 180,000 jobs per month, compared with an average gain of 223,000 last year.

Foggy Bottom Has the Sadz (and That’s a Very Good Thing) Julie Kelly

https://amgreatness.com/2019/12/05/foggy-bottom-has-the-sadz-and-thats-a-very-good-thing/

The real “crisis” for former State Department bureaucrats and their colleagues who have been recycled back to the Ivy League campuses from whence they came is not that Trump poses an existential threat to national security—it’s that he poses a legitimate threat to their professional sinecures.

As House Democrats invited Ivy League shrews to publicly grind their Trump-hating axe during Wednesday’s disastrous impeachment charade, President Trump returned home after confronting our allies again about their lagging financial support of NATO. The stale pact turns 70 this year and like too many Boomers these days, NATO is out of fresh ideas and still listening to worn tracks of “Back in the U.S.S.R.” while the rest of the world is listening to Drake.

Also like so many Boomers, NATO members have made financial promises they won’t keep, stacking up IOUs for someone else to pay and hoping no one notices. But Trump, a Boomer himself, is having none of it.

Canadian Prime Minister Justin Trudeau struggled to explain his country’s failure to fulfill the alliance’s agreement to earmark two percent of gross domestic product for defense spending—according to a NATO report, Canada only spent 1.2 percent of its GDP on defense in 2018: The United States spent nearly triple that amount. (While dismal, Canada’s expenditure last year is an improvement over 2014 when it only spent 1 percent.)

So Trump used a press conference to challenge Trudeau. “We’ll put Canada on a payment plan, I’m sure the prime minister would love that,” Trump jabbed when asked by a reporter about Canada’s reneging on their NATO pledge.

After Trump pressed for a percentage—Trudeau had to refer to an aide for the exact number—the Candians claimed they were at 1.4 percent. “They’ll get there. They know it’s important,” the president added.