‘The Origin of The ****’ – White House Lawyer Patrick Philbin Explains House Circumvention of Constitution During Impeachment…

The Last Refuge | 1/22/2020 | sundance
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As 21 different state attorneys general noted earlier today, there are several reasons why the impeachment effort is unconstitutional. These are not process arguments; they are factual arguments central to the constitutional framework of our government.

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CTH - Issue - August - Issue - Proceedings

CTH noted this structural issue last August, and the issue remained throughout the heavily manipulated proceedings. None of the House requests for testimony or documents held any enforcement authority because the House did not follow the constitutional process.

The House was not issuing subpoenas, it was issuing letters requesting voluntary witness participation and document production. Recently the DOJ Office of Legal Counsel explained this issue in a lengthy legal finding that leads to the same conclusion.

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BACKSTORY – Last year House Democrat leadership took a climate assessment of democrat House members and Speaker Pelosi announced they would not hold a House impeachment authorization vote. As a direct and specific consequence all committee subpoenas did not carry a penalty for non-compliance.

Subpoenas - Enforcement - Mechanism - Poena - Part

“Lawful subpoenas”, literally require an enforcement mechanism; that’s the “poena” part of the word. The enforcement mechanism is a judicial penalty, and that penalty can only be created if the full House voted to authorize an impeachment inquiry, and charged the House Judiciary Committee with the authority therein.

Absent the vote to authorize, the Legislative Branch never established compulsion authority (aka judicial enforcement authority), as they attempted to work through their quasi-constitutional “impeachment inquiry” process.

Subpoenas - Adam - Schiff - House - Permanent

Instead of subpoenas, Adam Schiff (House Permanent Select Committee on Intelligence); and Chairman Eliot L. Engel (House Committee on Foreign Affairs) were only sending out request letters. The compliance was discretionary based on the outlook of the recipient.

Nancy Pelosi did not have the vote or political capital to start by initiating a full House impeachment authorization. Pelosi, Schiff, Engel and Cummings had to rely on the duplicity of the media to help them hide their...
(Excerpt) Read more at: The Last Refuge
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