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Monday, February 03, 2020

Tabulating Cases For and Against the President



One more time: circa 1797-1799, Senator Blount did not resign. He was expelled. He was impeached by the House. The Senate dismissed the articles of impeachment. In the Senate impeachment trial proceedings, there were ZERO witnesses. The dismissal was akin to a Federal Rules of Civil Procedure 12(b)(1) dismissal (for lack of jurisdiction)—where a court can grant dismissal absent witnesses. It is also akin to a 12(b)(6) dismissal (for failure to state a cognizable claim) and a Rule 56 summary judgment dismissal (where there is no dispute as to a material fact). In all these situations, a court of record can dismiss absent witnesses heard in open court.

A chart was circulated widely across the internet and Twitter-law suggesting that all Senate impeachment trials have had witnesses. It left off Blount: the first impeachment and a much studied impeachment. Hard to miss. Once criticized: the chart was defended on the grounds that Blount had resigned. That was not true.

Then it was defended on the grounds that the dismissal in Blount was jurisdictional. But both 12(b)(1) dismissals for absence of jurisdiction and 12(b)(6) dismissals for failure to state a claim are done absent witnesses. So the “jurisdictional” exception made no sense. Trump’s argument was, in part, that what he did was entirely correct, ethical, legal, and constitutional. That is: it was not a constitutional violation. Such a defense is akin to a 12(b)(6) dismissal. That’s akin to Blount.

Eventually, a new chart came out—it included Blount and a few other impeachments which had been left off the first chart—these other Senate impeachment trials involved resignations and so no witnesses were involved in those proceedings.

If one argues that the allegations in the articles of impeachment are not constitutional violations, then that is a traditional question of law. Witnesses are not necessary because the factual allegations are accepted as true for the purpose of the motion. The suggestion by those arguing for witnesses was that a motion to dismiss based on defective impeachment articles is a merits matter which requires witnesses.

Those arguing for witnesses cite no law or precedent for their novel claim. Article III courts dismiss on 12(b)(6) and summary judgment grounds all the time. And do so absent witnesses heard in open court. Everyone knows this.

I am not saying that Senators in the exercise of their judgment and discretion are bound to analogize their position to judicial procedure from courts of record—including federal courts.

What I am saying is that those arguing that once you get past jurisdiction (per Blount), the House managers are entitled to live witnesses as a matter of right is a very strange claim, unsupported by authority, and contrary to the nearest procedural analogues from courts of record.

Those arguing for witnesses next fall back ... was “OK, so the Senate, as a matter of law, could reject having witnesses, but so what?—in the vast majority of prior Senate impeachment trials the Senate heard witnesses, so why not do so here?

One can only cry when hearing law professors launch such an argument. Say a new federal judge reaches the bench. He hears 15 civil cases, and they all survive motions to dismiss and motions for summary judgment. In each of these 15 cases there are witnesses and a jury decision. Now you come into court before that judge representing a new claimant in this judge’s 16th case. Can you argue—“your honor, my claim survived 12(b)(1) challenges . . . so let’s skip a decision on the defendant’s 12(b)(6) arguments and any opportunity for summary judgment . . . why . . . because in all your prior 15 cases you heard from live witnesses in open court.” The judge will simply say that your argument is not a valid argument. In other words, those cases under the rules were strong enough to survive challenges at the initial stage and so those plaintiffs were entitled to witnesses. But for you to get witnesses in your case, you must survive initial challenges to your claim. Every case is assessed individually under the rules.

The fact that most pre-Trump impeachments had witnesses is a way of saying the Senate agreed that the House did its job. Whether the House did its job in the Trump proceedings is a matter for this Senate on the facts presented. You cannot decide that by tabulating prior cases. Everyone knows this.

Yet, here, we see a concerted effort to make an entirely new system of justice for one person. Trump. And the effort failed. And if you want evidence of what I have written here . . . just look at the misrepresentations about Blount, the fake chart, and the unwillingness of those who erred to concede error.

Seth Barrett Tillman, Tabulating Cases For and Against the President, New Reform Club (Feb. 3, 2020, 10:39 AM), <https://reformclub.blogspot.com/2020/02/tabulating-cases-for-against-president.html>; 


PS: You can see the bad chart--thee one failing to list all Senate impeachment trials, including Blount--here: <https://twitter.com/BrianKButler/status/1222654697258930181>. It was produced by Citizens for Responsibility and Ethics in Washington. Of course!

48 comments:

Unknown said...

Thank you for your scholarship. My view is that the impeachment was a continuation of a seditious conspiracy. Created as a part of a criminal act,it had no merit on its face.

Georg Felis said...

The Dems cry there were no witnesses. They ignore the seventeen witnesses questioned under oath by the House, of which the transcripts are neatly collected for the Senate's examination. They ignore the eighteenth witness, for which Schiff refuses to release the transcript. They know none of the eighteen produced evidence in their favor other than snippets and soundbites taken out of context.

Then they cry obstruction, because they wanted more witnesses and documents during the House investigation, but failed to make even the weakest arguments to the courts and withdrew their demands when pressed even in the slightest.

Then they passed impeachment articles that fail to state any crime, not even a parking ticket.

And after all that, they happily head to the Senate to turn over their ball of glue, glitter, popsickle sticks, and twigs as if it were some grand artwork deserving to be hung on the wall of a museum and admired by all.

curiousDave said...

There have been, I believe, 15 impeachment trials held by the Senate.
Question: has any witness testified in a Senate trial who had not previously testified either to the House investigation committee(s) or a grand jury charged with bringing true bills (or not) against the defendant in the Senate trial?

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Can't still believe that i got cured from Genital Herpes through herbal treatment from Dr Edes who I met through the internet. I actually couldn't believe it at first because it sounded impossible to me knowing how far I have gone just to get rid of it. Dr Edes send me his medicine which I took as instructed and here I am living a happy life once again, a big thanks to Dr Edes. I am sure there are many herbal doctors out there but Dr Edes did it for me, contact him dredeshome@gmail.com , also call or whatsApp him on +2348151937428. VISIT HIS WEBSITE; https://dredesherbal.webs.com

Giovanni Mario said...

My name is Giovanni, am feeling so much better now after Dr. Raymond healed me of corona virus with the help of a spell. it really hurt to have lost my mother and wife to this virus before meeting this great healer, i am so happy to have survive this deadly virus. A friend of mine Lee from China told me how this great Dr. Raymond healed two of his Daughter with a spell, so I decided to contact him immediately for help. I did as he instructed and now am healed completely. What a magnificent experience with Dr Raymond. I will not stop sharing these testimonies until each patients  recovered. Thanks to the great Dr. Raymond for restoring my health. Contact him via: Email> swiftspellcast@gmail.com   WhatsApp> +2348118116281
He also solve issues listed below
(1)HIV/AIDS
(2) Do you always have a nightmare?
(3) Do you want to be promoted in the office?
(4) Spiritual protection
(5) Do you want children?
(6) Do you want to get rich?
(7) You want your husband / wife to be yours forever?
(8) Do you need financial assistance?
(9) Are you cheated and want to Recover lost money?
(10) Cancer treatment and various diseases
(11) You want to stop divorce
(12) Commercial protection
(13) Looking for a job
(14) Body care
(15) Divorce spell. (16)Bring back my Ex.
If you need to resolve any of these issues today, please contact the solution temple ...

MARY MARSHAL said...

Can't still believe that i got cured from Genital Herpes through herbal treatment from Dr Edes who I met through the internet. I actually couldn't believe it at first because it sounded impossible to me knowing how far I have gone just to get rid of it. Dr Edes send me his medicine which I took as instructed and here I am living a happy life once again, a big thanks to Dr Edes. I am sure there are many herbal doctors out there but Dr Edes did it for me, contact him dredeshome@gmail.com , also call or whatsApp him on +2348151937428. VISIT HIS WEBSITE; https://dredesherbal.webs.com

Clara david said...

WHAT A GREAT MIRACLE THAT I HAVE EVER SEE IN MY LIFE. My names are Clara David I’m a citizen of USA, My younger sister was sicking of breast cancer and her name is Sandra David I and my family have taking her to all kind of hospital in USA still yet no good result. I decided to go to the internet and search for cancer cure so that was how I find a ladycalled peter Lizzy she was testifies to the world about the goodness of a herbal man who has the roots and herbs to cure all kind of disease and the herbal man email was there. So I decided to contact the herbal man @herbalist_sakura for my younger sister help to cure her breast cancer. I contacted him and told him my problem he told me that I should not worry that my sister cancer will be cure, he told me that there is a medicine that he is going to give me that I will cook it and give it to my sister to drink for one week, so I ask how can I receive the cure that I am in USA, he told me That I will pay for the delivery service. The courier service can transport it to me so he told me the amount I will pay, so my dad paid for the delivery fee. two days later I receive the cure from the courier service so I used it as the herbal man instructed me to, before the week complete my sister cancer was healed and it was like a dream to me not knowing that it was physical I and my family were very happy about the miracle of Doctor so my dad wanted to pay him 5 million us dollars the herbal man did not accept the offer from my dad, but I don't know why he didn't accept the offer, he only say that I should tell the world about him and his miracle he perform so am now here to tell the world about him if you or your relative is having any kind of disease that you can't get from the hospital please contact dr.sakuraspellalter@gmail.com or whats app him +2348110114739  you can follow him up on Instagram @herbalist_sakura for the cure, he will help you out with the problem. And if you need more information about the doctor you can mail me davidclara223@gmail.com 

linda said...

HOW I GOT MY LOAN FROM THIS GREAT COMPANY

Hello my dear people, I am Linda McDonald, currently living in Austin Texas, USA. I am a widow at the moment with three kids and i was stuck in a financial situation in April 2018 and i needed to refinance and pay my bills. I tried seeking loans from various loan firms both private and corporate but never with success, and most banks declined my credit ,do not full prey to those hoodlums at there that call them self-money lender they are all scam , all they want is your money and you well not hear from them again they have done it to me twice before I met Mr. David Wilson the most interesting part of it is that my loan was transfer to me within 74hours so I will advise you to contact Mr. David if you are interested in getting loan and you are sure you can pay him back on time you can contact him via email……… (davidwilsonloancompany4@gmail.com) No credit check, no cosigner with just 2% interest rate and better repayment plans and schedule if you must contact any firm with reference to securing a loan without collateral then contact Mr. David Wilson today for your loan

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When it comes to financial crisis and loan then David Wilson loan financial is the place to go please just tell him I Mrs. Linda McDonald direct you Good Luck.......................

Unknown said...

HELLO EVERYONE
Dr ILUNAMIEN has really be so wonderful to me i will always testify of his greatness in my life who could have believe Dr ilunamien herbal herbs cured me from my herpes virus which i was having for the past 4 year,i came across Dr. ILUNAMIEN on a page of how to treat virus and i saw a lot of testimony of how great Dr ILUNAMIEN has helped them in there various problems and situations and his mobile numbers were also on each testimony +2348155204816
to contact him, because i needed help to get rid of my herpes virus i wrote him on whats app and told him what i was passing through!dear friends all Dr ILUNAMIEN ask me was not much to make sure am cured from my herpes virus, remember health is wealth, he sent me a herbal remedy for the cure of my herpes virus i was so much happy because after drinking the herbs as i was instructed by him i went to the hospital for checkup to my surprise my herpes result came out negative i will recommend Dr. ILUNAMIEN to anyone who need his help you can also whatsapp him +2348155204816
...Thanks dr..

Richard Tracy said...

I never thought i would be HIV negative again after been diagnosed in 2017, i have tried everything possible in life from one doctor to another, one hospital to another, series of tests, different kinds of medication, i had already lost hope until i meet Great Dr. OSAGIE online testimonies, a specialist in herbal medication from Africa, i contacted him (drosagiesolutiontemple@gmail.com OR
DROSAGIESOULTIONTEMPLE@YAHOO.COM) and he prepared HIV herbal medication for me which i took for 14days and now i am completely cured. i want to use this medium to express my gratitude to him for saving my life and curing me from HIV, for taking away all my pains and sorrows, I''m indeed grateful and i am so happy I''m now HIV negative. i will continue to tell the good news of your great works to everyone, if you have HIV or other disease contact him, Email: his email: (drosagiesolutiontemple@gmail.com OR
DROSAGIESOULTIONTEMPLE@YAHOO.COM ) or Whatsapp number: +2347030465649
DOCTOR OSAGIE CAN AS WELL HELP THE FOLLOWING PROBLEMS
1. HIV/AIDS SPELL
2. HERPES CURE OF KIND
3. CANCER SPELL
4 IF YOU WANT YOUR EX LOVER BACK SPELL
5 IF YOU NEED A BABY SPELL him to solve
6 LOW SPERM COUNT SPELL
get all your problem solve. No problem is too big for him to solve.

Hanna Rosin said...

Thank you sir for your genuine spells. This is really incredible, and I have never experienced anything like this in my life. Before i met you Sir, i have tried every possible means that i could to get my wife back, but i actually came to realize that nothing was working out for me, and that my wife had developed lot of hatred for me.. I thought there was no hope to reunite with my ex wife and kids. But when i read good reviews about your work sir, i decided to give it a try and i did everything that you instructed me and i Trusted in you and followed your instructions just as you have guaranteed me in 48 hours, and that was exactly when my wife called me.. We are more contented now than ever. Everything looks perfect and so natural! Thank you so much for your authentic and indisputable spells. Thanks Sir for your help. So I promise to tell the world about you great If you need help in your marriage of broken relationship,please contact Dr Osasu right now for urgent help WhatsApp +2347064365391 or Email drosasu25@gmail. com I want every one who is facing any problem should also give a testimony soon. Just like me today

Richard Tracy said...

I never thought i would be HIV negative again after been diagnosed in 2017, i have tried everything possible in life from one doctor to another, one hospital to another, series of tests, different kinds of medication, i had already lost hope until i meet Great Dr. OSAGIE online testimonies, a specialist in herbal medication from Africa, i contacted him (drosagiesolutiontemple@gmail.com OR
DROSAGIESOULTIONTEMPLE@YAHOO.COM) and he prepared HIV herbal medication for me which i took for 14days and now i am completely cured. i want to use this medium to express my gratitude to him for saving my life and curing me from HIV, for taking away all my pains and sorrows, I''m indeed grateful and i am so happy I''m now HIV negative. i will continue to tell the good news of your great works to everyone, if you have HIV or other disease contact him, Email: his email: (drosagiesolutiontemple@gmail.com OR
DROSAGIESOULTIONTEMPLE@YAHOO.COM ) or Whatsapp number: +2347030465649
DOCTOR OSAGIE CAN AS WELL HELP THE FOLLOWING PROBLEMS
1. HIV/AIDS SPELL
2. HERPES CURE OF KIND
3. CANCER SPELL
4 IF YOU WANT YOUR EX LOVER BACK SPELL
5 IF YOU NEED A BABY SPELL him to solve
6 LOW SPERM COUNT SPELL
get all your problem solve. No problem is too big for him to solve.

Clara david said...


WHAT A GREAT MIRACLE THAT I HAVE EVER SEE IN MY LIFE. My names are Clara David I’m a citizen of USA, My younger sister was sicking of breast cancer and her name is Sandra David I and my family have taking her to all kind of hospital in USA still yet no good result. I decided to go to the internet and search for cancer cure so that was how I find a lady called peter Lizzy she was testifies to the world about the goodness of a herbal man who has the roots and herbs to cure all kind of disease and the herbal man email was there. So I decided to contact the herbal man @herbalist_sakura for my younger sister help to cure her breast cancer. I contacted him and told him my problem he told me that I should not worry that my sister cancer will be cure, he told me that there is a medicine that he is going to give me that I will cook it and give it to my sister to drink for one week, so I ask how can I receive the cure that I am in USA, he told me That I will pay for the delivery service. The courier service can transport it to me so he told me the amount I will pay, so my dad paid for the delivery fee. two days later I receive the cure from the courier service so I used it as the herbal man instructed me to, before the week complete my sister cancer was healed and it was like a dream to me not knowing that it was physical I and my family were very happy about the miracle of Doctor so my dad wanted to pay him 5 million us dollars the herbal man did not accept the offer from my dad, but I don't know why he didn't accept the offer, he only say that I should tell the world about him and his miracle he perform so am now here to tell the world about him if you or your relative is having any kind of disease that you can't get from the hospital please contact dr.sakuraspellalter@gmail.com or whats app him +2348110114739 you can follow him up on Instagram @herbalist_sakura for the cure, he will help you out with the problem. And if you need more information about the doctor you can mail me davidclara223@gmail.com

Job Pedro said...
This comment has been removed by a blog administrator.
Sallow Villin said...
This comment has been removed by a blog administrator.
MARY MARSHAL said...
This comment has been removed by a blog administrator.
How doctor olu help me to increase my penis size said...

Hello everyone. I was heartbroken because i had very small penis, not nice to satisfy a woman, i had so many relationship called off because of my situation, i have used so many product which i found online but none could offer me the help i searched for. i saw some few comments about this specialist called Dr OLU and decided to email him on drolusolutionhome@gmail.com
so I decided to give his herbal product a try. i emailed him and he got back to me, he gave me some comforting words with his herbal pills for Penis t, Enlargement Within 5 day of it, i began to feel the enlargement of my penis, ” and now it just 2 weeks of using his products my penis is about 10 inches longer and am so happy..feel free to contact DR OLU on (drolusolutionhome@gmail.com) or whatsapp him on this number +2348140654426  


How can i ever stop saying thank you to Dr  olu   

Cookie Walker said...

Hello! I'm very excited to inform everyone that I'm completely cured from my HSV 1&2 recently. I have used Oregano oil, Coconut oil, Acyclovir, Valacyclovir, Famciclovir, and some other products and it's really help during my outbreaks but I totally got cured! from my HSV with a strong and active herbal medicine ordered from a powerful herbalist and it completely fought the virus from my nervous system and I was tested negative after 12 days of using the herbal medicine. I'm here to let y'all know that herpes virus has a complete cure, I got rid of mine with the help of Dr Oyagu and his herbal exploit. Contact him via email: oyaguherbalhome@gmail.com call or whatsApp him on +2348101755322.

Claris Awa said...

Dr. Kham has really made me so much believe in him by getting me cured with his herbal treatment. i really appreciate you Dr. Kham for bringing back happiness to me again. thanks you so much, Friends join me to thank him for what he has actually done for me i pray to you all for a good life and good health, and most especially to you Dr. Kham THANKS.

I have been suffering from (HERPES SIMPLEX VIRUS) disease for the past four years and had constant pain, especially in my knees. During the first year,I had faith in God that i would be healed someday.This disease started circulating all over my body and i have been taking treatment from my doctor, few months ago i came on search on the internet if i could get any information concerning the cure of this disease, on my search i saw a testimony of someone who has been healed from (HERPES SIMPLEX VIRUS) by this Man Dr. Kham and she drop the email address of this man and advise we should contact him for any sickness that he would be of help, so i wrote to Dr. Kham telling him about my (HERPES SIMPLEX VIRUS) well after all the procedures and remedy given to me by this man few weeks later i started experiencing changes all over me. I am now here to testify that i am not longer a herpes patient, I have experience a total transformation in my life, for all herpes patients get your herbal medicine to cure your sickness. And there has being rapid improvement in my health, I no longer feel pains and I wake up each morning feeling revived. So friends my advise is if you have such sickness or any other at all,you can contact him.

CANCER
EPILEPSY.
GENPILENCIN.
HIV AIDS.
COPD
DIABETICS
STROKE.
EXPANDS OF PENIS BREAST
H.P.V TYPE 1 TYPE 2 TYPE 3 AND TYPE 4. TYPE 5.
HUMAN PAPAILOMA VIRUS.
HERPES.
SYPHILIS.
HEPATITIS A B and C.

Email: dr.khamcaregiver@gmail.com Or dr.khamcaregiver@outlook.com

His Wbesite: https://drkhamherbalhealingcenter.wordpress.com/

WhatsApp/Call number +2348159922297

Claris Awa said...

Dr. Kham has really made me so much believe in him by getting me cured with his herbal treatment. i really appreciate you Dr. Kham for bringing back happiness to me again. thanks you so much, Friends join me to thank him for what he has actually done for me i pray to you all for a good life and good health, and most especially to you Dr. Kham THANKS.

I have been suffering from (HERPES SIMPLEX VIRUS) disease for the past four years and had constant pain, especially in my knees. During the first year,I had faith in God that i would be healed someday.This disease started circulating all over my body and i have been taking treatment from my doctor, few months ago i came on search on the internet if i could get any information concerning the cure of this disease, on my search i saw a testimony of someone who has been healed from (HERPES SIMPLEX VIRUS) by this Man Dr. Kham and she drop the email address of this man and advise we should contact him for any sickness that he would be of help, so i wrote to Dr. Kham telling him about my (HERPES SIMPLEX VIRUS) well after all the procedures and remedy given to me by this man few weeks later i started experiencing changes all over me. I am now here to testify that i am not longer a herpes patient, I have experience a total transformation in my life, for all herpes patients get your herbal medicine to cure your sickness. And there has being rapid improvement in my health, I no longer feel pains and I wake up each morning feeling revived. So friends my advise is if you have such sickness or any other at all,you can contact him.

CANCER
EPILEPSY.
GENPILENCIN.
HIV AIDS.
COPD
DIABETICS
STROKE.
EXPANDS OF PENIS BREAST
H.P.V TYPE 1 TYPE 2 TYPE 3 AND TYPE 4. TYPE 5.
HUMAN PAPAILOMA VIRUS.
HERPES.
SYPHILIS.
HEPATITIS A B and C.

Email: dr.khamcaregiver@gmail.com Or dr.khamcaregiver@outlook.com

His Wbesite: https://drkhamherbalhealingcenter.wordpress.com/

WhatsApp/Call number +2348159922297

Jenny Richard said...

I Can't still believe that i got cured from Genital Herpes through herbal treatment from Dr Oyagu who I met through the internet, I actually couldn't believe it at first because it sounded impossible to me knowing how far I have gone just to get rid of it. Dr Oyagu send me his medicine which I took as instructed and here I am living a happy life once again, a big thanks to Dr Oyagu, I am sure there are many herbal doctors out there but Dr Oyagu did it for me, contact him oyaguherbalhome@gmail.com , also call or whatsApp him on +2348101755322

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