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Monday 23 December 2019

WHY THE IMPEACHMENT OF PRESIDENT TRUMP IS UTTER RUBBISH 

1. The first article of impeachment, the charge of abuse of power is not supported by evidence during the inquiry. The call transcript showed no quid pro quo. Both Mr Trump and Ukrainian President Volodymyr Zelensky have both said “no pressure, no pushing, no linkage whatsoever between security assistance money and any type of an announcement of an investigation”. The Ukrainians did not even know the aid had been held up at the time of the call. Aid money was released to the Ukrainians without them taking any action in starting investigations into the 2016 Russian Hoax or the Bidens. On the contrary, not a single piece of evidence was produced by any witness to support any abuse of power by the President.

2. The second article of impeachment, the charge of obstruction of Congress is legally unsound. President Trump’s assertion that the executive branch, of which he is the head, need not comply with congressional subpoenas requiring the production of privileged material is valid because of his power of Presidential privilege. This is consistent with the separation of powers between the legislature and the executive. But, whenever there is a conflict between Congress, the legislative branch, and the President, the executive branch, the judicial branch is the ultimate arbiter of such conflicts by way of a final court order. Since Congress did not apply for such a final court order, the President cannot be deemed to have obstructed Congress.

3. The impeachment inquiry in Congress turned out to be contrary to Speaker Nancy Pelosi’s own March 11 2019 guideline that impeachment should go ahead only if ”there’s something so compelling and overwhelming and bipartisan”. As stated in (1), he inquiry hearings did not reveal any evidence of wrong-doing, never mind compelling or overwhelming, and it was strictly a one-party effort by the Democrats.

4. The two articles of impeachment, namely abuse of power and obstruction of Congress are not impeachable offences under the Constitution.  Under the Constitution, Congress has the authority to impeach and remove the President, only if they could determine that he has engaged in “treason, bribery, or other high crimes and misdemeanors”.  The two charges most certainly do not qualify.

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