White House Counsel Pat Cipollone's Letter to Speaker Pelosi

Jan 2015
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Great State of Texas
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Jan 2015
52,034
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Great State of Texas
I. Your "Inquiry" Is Constitutionally Invalid and Violates Basic Due Process Rights and the Separation of Powers.

Your inquiry is constitutionally invalid and a violation of due process. In the history of our Nation, the House of Representatives has never attempted to launch an impeachment inquiry against the President without a majority of the House taking political accountability for that decision by voting to authorize such a dramatic constitutional step. Here, House leadership claims to have initiated the gravest inter-branch conflict contemplated under our Constitution by means of nothing more than a press conference at which the Speaker of the House simply announced an "official impeachment inquiry. " 3 Your contrived process is unprecedented in the history of the Nation,4 and lacks the necessary authorization for a valid impeachment proceeding. 5

This alone will never fly in a Court of law.
 
Jan 2015
52,034
15,300
Great State of Texas
The Committees' inquity also suffers from a separate, fatal defect. Despite Speaker Pelosi's commitment to "treat the President with fairness,"6 the Committees have not established any procedures affording the President even the most basic protections demanded by due process under the Constitution and by fundamental fairness. Chairman Nadler of the House Judiciary Committee has expressly acknowledged, at least when the President was a member of his own party, that "[t]he power of impeachment ... demands a rigorous level of due process," and that in this context "due process mean ... the right to be informed of the law, of the charges against you, the right to confront the witnesses against you, to call your own witnesses, and to have the assistance of counsel. " 7 All of these procedures have been abandoned here.

Anyonne with half a brain cell can understand this will NEVER fly in a Court of Law.
 
Jan 2015
52,034
15,300
Great State of Texas
These due process rights are not a matter of discretion for the Committees to dispense with at will. To the contrary, they are constitutional requirements. The Supreme Court has recognized that due process protections apply to all congressional investigations.8 Indeed, it has been recognized that the Due Process Clause applies to impeachment proceedings.9 And precedent for the rights to cross-examine witnesses, call witnesses, and present evidence dates back nearly 150 years. 10 Yet the Committees have decided to deny the President these elementary rights and protections that form the basis of the American justice system and are protected by the Constitution. No citizen-including the President-should be treated this unfairly.

There is no way this will fly in any Court Room in the US.
 
Jan 2015
52,034
15,300
Great State of Texas
To comply with the Constitution's demands, appropriate procedures would include-at a minimum-the right to see all evidence, to present evidence, to call witnesses, to have counsel present at all hearings, to cross-examine all witnesses, to make objections relating to the examination of witnesses or the admissibility of testimony and evidence, and to respond to evidence and testimony. Likewise, the Committees must provide for the disclosure of all evidence favorable to the President and all evidence bearing on the credibility of witnesses called to testify in the inquiry. The Committees' current procedures provide none of these basic constitutional rights.

Surely even the most partisan extremist here know this will never fly in a court of law.
 
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StanStill

Former Staff
Dec 2013
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There is already a thread to discuss the fake news response to the letter.

This thread is to discuss the actual letter and it's content.

Have an independent thought on anything in the letter?

I didn't think so.
Yeah, @the bull59, this thread is for compliments and applause only. Take the criticisms of yourself and others somewhere else.

Sorry for that rude, non-yes response. Please proceed with your high five club, Johnny T.
 
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Jan 2015
52,034
15,300
Great State of Texas
Yeah, @the bull59, this thread is for compliments and applause only. Take the criticisms of yourself and others somewhere else.

Sorry for that rude, non yes response. Please proceed with your high five club, Johnny T.
Another incapable of discussing the topic?

Color me shocked .....
 
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