Flashback: Turley shreds the obstruction charge…

Cutting to the chase, the Congressional Democrats impeached President Trump on 2 charges:

(1) Abuse of Power – for pressuring the Ukrainian President to investigate Joe & Hunter Biden, and

(2)  Obstruction of Congress – for withholding documents and blocking his aides’ testimony.

Let’s start with the obstruction charge.

Yes, Trump exercised “executive privilege” by blocking aides from testifying and by withholding documents.  No argument there.

But, the Schiff Team decided against going to the courts for rulings as to whether executive privilege was legal … or whether the testimony and documents should be delivered. Rather, they chose to start shouting “obstruction” and “abuse”..

But…

In his testimony during the impeachment “inquiry”, constitutional scholar Prof. Jonathan Turley told House Democrats that charging President Trump with  obstruction of justice for going to the courts over the subpoena of witnesses rather than surrendering executive privilege is itself an abuse of power.

His punch line: “It’s an abuse of Congressional power!”

click to view Turley’s 5-minute pitch
image

Here are the highlights from Turley’s statement…

=============

Prof.  Jonathan Turley’s statement:

 The record does not establish obstruction in this case.

The theory being put forward is that President Trump obstructed Congress by not turning over material requested by the committee.

In the Nixon impeachment, Peter Rodino, as the Chairman of Judiciary, held the position that Congress alone decides what information may be given to it.

Rodino’s position was that the courts have no role in this decision.

By that theory, any refusal by the president based on executive privilege or immunity would be the basis of impeachment.

President Trump has gone to the courts.

He’s allowed to do that.

We have three branches, not two.

You’re saying Article I gives Congress complete authority that when it demands information from another branch

The information must be turned over or we Congress will impeach you … if the president goes to court, Congress will then impeach him.

In Nixon, Congress did go to the courts, and Nixon lost.

But in that case, the court recognized there are executive privilege arguments that can be made.

if you subpoena witnesses and go to court, and the President doesn’t comply, then you have an obstruction case.

But I can’t emphasize this enough and I’ll say it just one more time:

If you impeach a president, if you make a high crime and misdemeanor out of going to the courts, it is an abuse of power.

It’s your abuse of power.

You’re doing precisely what you’re criticizing the president for doing.

We have a third branch that deals with conflicts at the other two branches.

What comes out of there and what you do with it is the very definition of legitimacy.

Bottom line: Don’t count on Trump being sent packing under the 2nd article of impeachment.

=============

Follow on Twitter @KenHoma

>> Latest Posts

#HomaFiles

One Response to “Flashback: Turley shreds the obstruction charge…”

  1. Cutting to the chase: the central impeachment questions.… | The Homa Files Says:

    […] a prior post,  we replayed Prof. Jonathan Turley dismantling the obstruction charge against President […]

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s