RUTHFULLY YOURS

https://www.nationalreview.com/2019/10/house-impeachment-inquiry-resolution-observations/

Some observations

On Tuesday, House Democrats published the resolution that, once passed, will approve and govern the impeachment inquiry on the question whether President Trump should be impeached. The vote is likely to take place on Thursday.

Some observations about the eight-page resolution.

1) The resolution is flawed, for reasons we’ll get to (the flaws could be major or minor, depending on how the resolution is implemented). By any measure, though, it is a significant improvement over the status quo ante. Once it’s passed, the House as an institution will have endorsed the impeachment inquiry. As we have pointed out, the Constitution commits the impeachment power to the House, not to the Speaker or the majority party in the House. The House acts as institution only by voting. It will finally have done so once this resolution is approved. The president and Republicans will no longer have a valid argument that the inquiry is constitutionally infirm. That has been the White House’s main justification for refusing to cooperate. (This refusal is overstated since a number of executive officials have submitted to closed-door interviews and otherwise participated. This has largely been done, though, despite the discouragement of the White House, which has otherwise declined to cooperate.)

2) Not surprisingly, Democrats are posturing that the passage of the resolution means the president must produce any information directed by the House. This is an overstatement. What the resolution means is that the White House’s position of blanket, indiscriminate non-cooperation will no longer be justifiable. Nevertheless, the president maintains all the legal privileges he enjoyed — including executive privilege and attorney-client privilege — regardless of whether there was a resolution.

3) It is not clear how extensive executive privilege is. In United States v. Nixon, the Supreme Court recognized that the president’s communications with key advisers in carrying out his official duties were presumptively privileged; but it further held that the privilege was not absolute and would have to give way to the needs of a criminal investigation — particularly if the evidence at issue was critical and there was no alternative source for obtaining it. A House impeachment inquiry is not a criminal investigation. It is, however, a core constitutional function, and I believe the courts would find that its needs for information are at least as compelling as those of a criminal investigation.

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“Have we lost our minds?” Andrew Cuomo (1957-)Governor, New York

While Governor Cuomo’s exclamation was in response to the increasing number of assaults by the mentally deranged in New York City, it is one that has applicability across our political landscape, not just for the unhinged way Leftist politicians treat truants and criminals in our cities, but in most all ways political. Have we all gone bonkers? I wince at President Trump’s coarseness and grimace as he Tweets as fast as a Shetland Pony sheds its winter coat. Then I listen to anti-Trumpers and their lemming-like hatred that betrays an emotional response rather than a reasoned reaction. Seen as a threat to the comfortably established elite, the majority of Democrats wanted to impeach Mr. Trump on November 9, 2016. And I wonder: What ever happened to e Pluribus Unum?

Phrases and words: Identity politics; victimization; equality; wokeness. Identity politics is segregation by a different and more politically correct name. Real victims are ignored, while perpetrators are mollycoddled as deserving of special care for having been “victims” of society governed by old, white men. Equality has morphed into homogenization, deflating the individual to an inflated collective. The cream in our public schools can no longer find its way to the top. Wokeness is a Tesla-like vehicle for social justice warriors.

Politicians, abetted by a media that has foregone any semblance of investigative independence, to become a propaganda arm of the Party they prefer. They have given new meanings to those phrases and words mentioned above. The consequence has been a shock to the Judeo-Christian culture in which most of us were raised, when Albert Einstein once wrote, and we all believed, that “only morality in our actions can give beauty and dignity to life.”

Here we are now, three years after the fact, yet a refusal to accept the outcome of the 2016 election persists. Civil discourse is a thing of the past. We have intelligence agencies that colluded against a Presidential candidate. Public schools, especially those in inner cities who keep a watchful (and jaundiced) eye on equality, teach to the lowest common denominator, which means that those who have been identified as “gifted and talented” cannot be separated, so taught differently and thus given a chance to disengage from the claws of mediocrity that entrap them. In many of these same cities, the homeless – some mentally sick, others addicted to drugs and/or alcohol and a few simply down on their luck – ply our parks and streets. Instead of offering the dignity of a job and asking proper behavior in return for food and shelter, we provide them free needles and let them soil streets, sidewalks and parks. In our desire to explain away criminal acts and civil misbehavior as a consequence of victimization, we ignore the plight of real victims. Men and women are tried in the press, without benefit of due process. The “broken windows” policy of policing, first described in 1982 by James Q. Wilson and George L. Kelling and based on the theory that if man lives in a neighborhood where property and people are respected crime rates will decline. It worked in New York City in the ‘90s and early 2000s but has been abandoned because of accusations that minorities were unfairly targeted. To paraphrase Dr. Seuss: “How did we get so stupid so soon?”