The Courts interpret the Constitution, they don't make law. SCOTUS' interpretation is binding for matters that come to them. However, Congress is also free to interpret the Constitution - they do this all the time when passing laws. SCOTUS can overrule their interpretation and throw out laws when (and only when) a case comes to them. However, in the case of impeachment - there is no appeal to the Supreme Court, so the Senate could, in theory, interepret the President's blanket rejection of all subpoenas as unconstitutional and remove him from office for that.
Further, it's a reasonable interpretation. There's zero probability SCOTUS would agree that a President has the authority for a blanket rejection of all subpoenas associated with an impeachment inquiry - it would be contrary to US vs Nixon, which was a unanimous SCOTUS decision. In that decision, SCOTUS directly rejected Nixon's claim to an "absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances."
It was never proven because it was never taken to court. — NOS4A2
"We're doing very well," Trump said, summing up the performance of his legal team after watching the [opening of the impeachment] trial from Davos, Switzerland. "But honestly, we have all the material. They don't have the material."
It all reeks of deep deep state corruption. — creativesoul
The Republican defense... — Wayfarer
Trump's invoking privilege to justify a blanket stonewalling of Congress is clearly outside the boundaries set by U.S. v Nixon. Therefore Congress would not be making a "ruinous" novel judgment. Nor is it a disastrous precedent to assert Congress will not tolerate a blanket refusal to comply with any all subpoenas.Senate could interpret it that way, but they would be stupid to do so, because it would be ruinous to the constitution and any future presidency. It would blur the separation of powers and set up any future presidents (and all past presidents) for impeachment just for asserting executive privilege. — NOS4A2
Quick question:
Is "trolling" a high crime? — ArguingWAristotleTiff
History will be unkind to this witch-hunt. — NOS4A2
Trump's invoking privilege to justify a blanket stonewalling of Congress is clearly outside the boundaries set by U.S. v Nixon. Therefore Congress would not be making a "ruinous" novel judgment. Nor is it a disastrous precedent to assert Congress will not tolerate a blanket refusal to comply with any all subpoenas.
all of which turned up nothing on the president. — NOS4A2
So yes, I think it would be reasonable to impeach any President who exhibited both elements.
Three years of "Russian collusion" and this is the best you guys came up with. Bravo. — NOS4A2
“Wherever law ends, tyranny begins,” John Locke cautioned in his Two Treatises of Government. This is how autocracy comes to America: not with a declaration of martial law and tanks in the street, but by a roll-call vote in the Senate whipped by the leader of the Senate in violation of the Constitution.
If on the day the Senate returns its verdict, history records the failure to convict the president following a trial without witnesses, that will be the day the rule of law dies in America. The courts will remain open for business. Congress will be in session. Citizens will still be able to vote. And a free press will continue to launch withering attacks on President Trump. But the American people will no longer be living in a constitutional democracy. — Paul Savoy
Set out all the quotes you like. Close friends and associates Papadopoulos, Manafort, Gates, Cohen and Stone were taken down. I don't doubt the day your divine Trump is no longer hedged by the presidency, he will be too.
Meanwhile your coveted deep-state, the DNC, and the media will receive the two-tiered justice they always have, and life will go on. — NOS4A2
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