House Democrats told the Supreme Court on Monday that they are again in the midst of an “ongoing presidential impeachment investigation” as part of their “weighty constitutional responsibility” – and, the Democrats argued, redacted grand-jury material from Special Counsel Robert Mueller’s now-completed Russia probe must be turned over as a result.
In what is starting to look like round two, just in time for the election period. Incredibly, the very party that accused Trump of investigating Biden and his son for political purposes is now openly stating they are starting another impeachment proceeding just as an election is going on.
In February, the Democrat leadership said they would not rule out impeachment proceedings for Trump’s involvement with the Stone case.
In their brief with the Supreme Court, which seeks testimony, exhibits, and transcripts, the Democrats promised that leaks wouldn’t be a problem, owing to their “special protocols” that will ensure “secrecy.”
“The [House Judiciary] Committee’s investigation did not cease with the conclusion of the impeachment trial,” the Democrats told the nine justices on Monday. “If this material reveals new evidence supporting the conclusion that President Trump committed impeachable offenses that are not covered by the articles adopted by the House, the committee will proceed accordingly — including, if necessary, by considering whether to recommend new articles of impeachment.”
Specifically, the Democrats said they were looking into “the possible exercise of improper political influence over recent decisions made in the Roger Stone and Michael Flynn prosecutions, both of which were initiated by the special counsel.”
What the Democrat leadership seems to be missing out on is the president is the head of the Justice Department, he not only has the legal authority to pardon, he holds power to direct the Justice Department what to investigate and not. It must be stated, while this has not been done since Jefferson with the Burr case, the courts have never found this was outside the president’s authority. The problem came in with Jefferson trying to manipulate the jury, but that is a whole different story.
The thing that has irritated the ire of the Democrats is the DOJ reversed a recommendation to the Judge by former Mueller prosecutors against Stone. But remember, these were the same prosecutors we are now finding outside their jurisdiction and were involved in some very questionable actions.
In Stone’s case, the DOJ reversed a sentencing recommendation to Judge Amy Berman Jackson by former Mueller prosecutors that Stone should receive nine years in prison for obstructing Congress and related charges, saying it was too harsh; indeed, Jackson later sentenced Stone to just three years in jail.
What seems to have stirred up the hornet’s nest was that the DOJ decided to move to dismiss the Flynn case, this was more then they were willing to put up with, they wanted their pound of flesh, did not matter if the DOJ entrapped Flynn at that time.
After this, the Federal Judge, who has ties to the DNC, decided to ignore the recommendations of the DOJ and set up a circus, allowing anti-Trump groups and liberal activist players to come to his court to plead why Flynn should be prosecuted.
In what is not an ordinary proceeding, the Democrats are demanding that they get access to all grand jury documents from the Mueller investigation. Still, the privacy of this material is one of the cornerstones our legal system is built upon. The Democrats have told the courts that they will guard the content from leaks, but I wonder who they are kidding? We all remember Schiff coming out daily with wide-eyed telling us he has seen all the evidence he needed to see, Trump was guilty of collusion. Later, when Schiff was forced to release his papers; he never had any such proof.
Grand Jury information contains speculation and findings that later turned out not to be accurate, these are always sealed after a trial or hearing, and demand access is without any merit. Congress has to show crime to ask for the unsealing of this, not say they want to dig through them to find one.
To establish a “particularized need” under existing case law, the Democrats noted, parties seeking grand-jury material under Rule 6(e) must show (1) “that the material they seek is needed to avoid a possible injustice in another judicial proceeding,” (2) “that the need for disclosure is greater than the need for continued secrecy,” and (3) “that their request is structured to cover only material so needed.”
The lower court in the case had also held that precedent supported the idea that an impeachment trial is akin to a judicial proceeding, citing a case that allowed the disclosure of grand jury material for the impeachment investigation of President Richard Nixon.
In this, the lower court was wrong; there was a crime shown and known with Nixon, there has never been one shown with Trump, only the hope they could find one.
TThe Supreme Court acted correctly, putting this on hold until it could be heard further up in the appeal hearings.
The farce is over, like the movie “Weekends at Bernie’s” it seems the Democrats will not let this corpse lie; they keep trying to dig it back up. One can only hope the American people will wake up to this sham come November and deal the Democrats a massive loss of epic proportions.