President Donald Trump claimed a major legal victory on Friday when a federal appeals court overturned a lower court’s ruling requiring former White House counsel Don McGahn to answer congressional subpoenas.
Jonathan Turley, a constitutional law expert and law professor at The George Washington University, said the ruling of the court has significant implications on the way the Democrats went about impeaching President Trump.
The U.S. Court of Appeals for the District of Columbia Circuit ruled that McGahn could defy subpoenas issued by the House Judiciary Committee, in a split 2-1 decision, saying the House Judiciary Committee did not have the constitutional authority to resolve the issues between the White House and Congress, and urged Congress to seek other remedies for a solution other than the judicial system.
“We cannot decide this case without declaring the actions of one [branch of government] or the other unconstitutional,” Appellate Judge Thomas Griffith wrote. “If federal courts were to swoop in to rescue Congress whenever its constitutional tools failed, it would not just supplement the political process; it would replace that process with one in which unelected judges become the perpetual “overseer[s]” of our elected officials. That is not the role of judges in our democracy, and that is why Article III compels us to dismiss this case,” he explained.
McGahn was a key witness in Robert Mueller’s investigation, with his named being mentioned over 150 times in his report. House Democrats have been trying unsuccessfully to force McGahn to testify about his involvement in the investigation since last year, but McGahn has refused to answer committee subpoenas.
Turley said the court ruling “vindicated” the White House with regard to the second article of impeachment, which claimed that Trump had obstructed Congress by having officials ignore congressional subpoenas.
“The White House is vindicated in showing that it had valid constitutional arguments to make — arguments ridiculed at the Senate trial,” Turley said. Trump and his lawyers argued during the impeachment trial that the Democrats were acting unconstitutionally, and the courts have now made it clear that they indeed were.
“I do not agree with the court’s analysis, but I felt that Trump had a right to seek judicial review. Now that judicial review has shown that the court agrees with his constitutional position. It reaffirms the historic blunder of the House in rushing this impeachment,” he continued.
Turley indicated that the second article of impeachment, especially since the recent court ruling, is “a case of prosecutorial excess, if not abuse.”
Democrats do have the right to appeal the ruling until March 9, which will let them request a new hearing before the same panel of judges or the entire 11-person D.C. Circuit Court.
Great New’s. Another blunder by the Nancy Pelosi,and the house Democrats. When are the Democrats going to understand that they are dealing with a President who is not a politician,but a business man who is a lot smarter than all the “ass kissing” politicians in the Democratic Party.
AMERICANS WE HAVE TO TAKE BACK OUR AMERICA FROM THE EVIL CRIMINAL ACTS OF DEMOCRATS………………………..TO SOLVE AMERICAS PROBLEMS MAKE THIS CHOICE WE THE PEOPLE’ HAVE THE POWER OF OUR VOICES AND OUR VOTES, TO VOTE OUT THE ENTIRE LYING,CORRUPT, TREASONOUS DEMOCRAT PARTY COME NOV 2020, VOTE TO MAKE AMERICA GREAT AGAIN AND TO END ALL CORRUPTIONS IN WASHINGTON GOVERNMENT
“Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter!” (Isaiah 5:20).
This clearance represent the first step in cleaning the House of Representatives ABUSES.The next step?.
I believe that DOJ to inform AMERICAN PEOPLE about the ROOTS of “FAILED COUP”
In abusing their power, the Democrats totally ruined politics, totally ruined the Democratic Party, their lack of leadership lost confidence, faith, and trust. It will take a long time to repair the damage. Their actions must be judged and punished, their honesty must be restored. Term limits installed. Politics is not a career, it is service to the people. ☝️
but before it can repair the damage the democrats that caused this problem or problems will need to be replaced with new people put in the one’s removed places and start over. this year in voting that come up soon we the people will need to vote them out and vote all new one’s
Nancy Pelosi, Nadler and Schiff have completely abused their power and have again wasted our money. Yes let’s not forget that they are utilizing our money for their political retribution for simply not liking trump. They should all be thrown out of Congress and the Senate for startets.
I stand with the Republican Party. Not yeldlng to the crybabies of the Democrats
HOORAY FOR THE CONSTITUTION! & a judge who interprets the constitution as its suppose to be interpreted! This coup in the disguise of an impeachment was the abuse of the house branch power! An impeachment base on partisan vote only is not a real impeachment. Maybe the house should go back and read the Constitution the greatest document ever written!! Whats even worse is they tried to over turn “We the People’s” elected President Trump and tried to dummy US down! Enough is enough of the radical lefts “malarkey” as quid pro Joe Biden so eloquently wrote on his campaign bus!
so maybe this impeachment thing can be annulled and removed from the record books? How sweet that would be.
this is being censored by facebook I can not s
end to friends or post
There needs to be an investigation of the censored comments on facebook and any site that refuses freedom of speech and press. These are supposed to be public sites open to comments by all.
ANYONE CAN SEE THAT THE DEMOCRATS ARE TRYING TO TAKE AWAY OUR CONSTITUTIONAL RIGHTS AND TO TURN US INTO A SOCIALIST COUNTRY AND WE CAN NOT GO FOR THAT.
Hillary led the way, proving that corruption by Democrats, would likely go unpunished.
This is just another example.
Wait and see, if anyone takes the fall, for these actions.
Same as Hillary? Absolutely.
Since she’ll never see the inside of a jail cell.
The word should Not be Could, but Will have to answer !!!!!
The Democrats responsible for this IMPEACHMENT SHAM should be INDICTED for SEDITION and TREASON,CRIMES against the POTUS and the American People for OPERATION of an ILLEGAL COUP by attempting to OVERTHROW the 2016 Presidential elections. They should be removed from OFFICE immediately in HANDCUFFS awaiting a PRISON CELL until trial. Team Trump and his allies 2020.
Bingo.
The Democrats are ruining this country. There are to many weak Republicans doing nothing to stop this outrage. We need to replace the higher ups in the FBI, Justice Dept. and others. President Trump needs our support. I was outraged
when Obama lost millions, when he gave to the 2 companies on that solar nightmare. Any doom doe doe would know that
was a very stupid investment. There was something very fishy about that whole doom deal. Yet the Republicans did nothing about it. Obama got away with it Scott free. And much more. The American people must wake up and support our
great president Trump. He is the best president America ever had, by far. I am very proud to support him. As far as I know
he and his family gave up their salary to serve free, How many can we count who did the same?
APPARENTLY IT’S UP US TO GET RID OF ANY ONE WHO HAS BEEN IN WASHINGTON TOO LONG, WHICH MEANS ABOUT 75%, or more. It is our job to clean up the group that stays in D.C. too long. That would be just about all of them.
Once upon a time one could only be in Washington 6 years to twelve years depending whether house or senate. Now they have changed everything so there is no limit. Just look how long they can stay now. Looks like for ever which means we continue to re-elect the same ones again and again. And we keep paying them to do the same old thing. I believe we deserve everything we get. Wake up citizens.
I believe we all should stand together and demand our great president Trump he should be allowed to have a third term in office for the malpractice and nonstop harassment from all the traitor to our great U S A
Democrats were yelling Abuse of Power when President Trump was ENFORCING IMMIGRATION LAWS. Congress themselves abused the power they had all the while yelling their stupid charges while the disgusting liberal media used their air time to for Democrat Political ends.
I can’t wait to vote for Trump and I can’t believe I actually voted for Obama
Come election day I will be voting Red 100%. I will not stand by and watch democrats tear this great country down any longer.Their socialist /communist ideology will utterly destroy us if people don’t wake up soon. I have been talking to everyone I know about what socialism is really like. It is not about getting free stuff and medical for all. It is about power , greed and control and they will stop at nothing to obtain it.I have also tried having a civil conversation with lefties and it seems to be just a waste of time and energy as they will not carry on a convo with anyone who has a different view of things. They always seem to resort to name-calling and calling me a racist bigot and a conspiracy theorist. They are just too far down the rabbit hole I guess.
I am so disgusted by the democrat party, all of them. They have turned away from God, become mass murderers of innocent babies being born of irresponsible parents! They have turned our country into a Godless free-for-all ambush of every good thing in America! People!! WAKE UP!! Read world history! No one should fight to commit mass murder of innocent people! No one in their right minds should WANT a repeat of slaughtering people because of their ancestry or skin color!! This is a nightmare and MUST BE STOPPED!! VOTE RED! Take our country back from from evil hijackers!!!
As a follow-up, Democrats have requested a rehearing by the full 11 member Appeals Court. While I understand that this is part of the legal process, it brings into focus that the judicial system is no longer an impartial entity and no longer offers remedies based on law free of bias and political ideology as intended by our founders. Politicians on both sides “judge shop”, however, Democrats and their various surrogate groups seem to be more likely to avail themselves of a flawed system seeking hearings heard before judges they know to hold views in line with their own. Unfortunately, there is no legal mechanism other than impeachment to remove judges who consistently rule in opposition to the law as written and rather rule in support of their political leanings and bias.
They did blatantly abused their power and held the President hostage to where he couldn’t do much to run this country. Yet democrats think it’s funny and continue with their hatred and disrespect. They have bullied, cursed and left us wondering if we still had a stable country. I hope they get punished to the full extent of the law. I don’t think we have a congress but a hateful party that will do anything to keep their power going the way they like it. No, that is not my America!!’nn
The Democrats were attempting to remove President Trump from office because they say he abused his power! Well the court has just found the DNC guilty of abusing their power, so what’s going to happen to them? There is a strong force, a double standard of justice in America biased towards the DNC!
This is what happens when one party knowingly supports a Constitutionally ineligible individual for POTUS! By electing Obama for POTUS, boom you got away with a crime! So now you are a political party that just pulled the wool over the eyes of the American Citizens, and the MSM helped you do it! Well, you pulled the wool over the stupid citizens, not the Republicans! I don’t believe any Republicans were fooled, I believe that they tolerated this treasonous act because of the ridiculous notion that you don’t want to rule up black people! I’ve never understood this! It is the African Americans who suffered the most under Obama! Obama wasn’t going to the projects seeing the poor black folks who voted for his fraudulent ass, he was too busy playing golf, hobnobbing with celebrities, and destroying America from within! The black people in the projects went to vote for Obama, and eight years later, they are still in the same projects! It’s time the African American people understand that the DNC manipulates you for your votes, and after they get your vote, they gone!! (Lyndon Johnson began this manipulation when he said “The blacks are getting too upitty, we need to give them something, not a lot, but just enough to pacify them! Why I’ll have those ni__ers voting Democrat for the next 200 years!”) This is a statement that should be the driving force behind their exit from the manipulative DNC! There is no place in America for bias, and racism, and you can’t have it both ways! You can’t criticize white people for being racists when black people are as racist as whites!
We need to find a way for all people to be unbiased! The atrocities of the past are past! Leave them there! Move forward, get out of the projects physically! Rebuild, make homes for the needy, and don’t call them anything but homes! Let these people feel good about themselves and change will come! Tear down the ugly projects, build townhomes, and condos, and put them somewhere nice, don’t give them names that stand out from the rest of society! If you give, give, don’t half way give, help them!!
You don’t help someone, then call all the news agencies, and get on tv and say look at me, over here, yes me, I just helped this family out of the goodness of my heart! That is putrid! That isn’t helping anyone, but your ego! If you give, don’t broadcast it, and don’t haphazardly give, give enough to really help, then go away quietly, don’t jump up and down screaming look at what I did for these people!
There are scores of good people in America! People, not white, not black, not brown, JUST GOOD PEOPLE!!!
I read where Spike Lee, criticized black people who were praying with, and for, among other things, America! Spike Lee mocked those black people for doing a great thing! That racist, Spike Lee, doesn’t want change, in America! Spike Lee wants to keep the division, he wants to criticize good people for trying! The thing those people were doing, was a beautiful thing, then Spike Lee, tore it down!
First of all, the DNC attacked President Trump from day 1, the DNC rigged the 2016 Presidential Nomination Election so Bernie Sanders couldn’t run, the three Hillary criminal Clinton in his spot, they cheated and still lost! Then the put out, with the assistance of MSM a lie, because President Trump is not a racist! President Trump has put more African American Citizens to work than Obama, and all other POTUS’S combined!
Is that a characteristic of a racist? I don’t think so! So Mini Spike, you just showed your true self, and you are the racist!
Isn’t it apparent that the Republicans have been RIGHT all this time. WHY can nothing be done about the SOCIALISTS have wasted SOOOO much MONEY and TIME with their BOGUS attempts to IMPEACH TRUMP. The official indication of IMPEACHMENT should be STRICKEN from the record due to this ABUSE…..
The fiasco was pathetic, Nancy Pelosi is a third rate politician like her father! They did the Warren Commission March, they handed out pens, they took photographs, and they accomplished nothing! The real criminals are the Criminal Organization DNC! HRC, Obama, Holder, Schumer, Schiff, Nadler, Kerry, and many more are criminals and need to go to prison! Harvard has Obama Sr. and Obama Jr. listed as Kenya Born! The DNC knew good and well that Obama was Constitutionally ineligible yet they used the MSM to start the birther attack! The MSM is as guilty of treason as the DNC is! Obama stole a ton of money from taxpayers, and made more through shady deals with Russia and Iran! There is only right or wrong when it comes to the Constitution, and Obama was born in Kenya, and should be stripped of everything!
If the comment about HARVARD, WHY hasn’t ANYBODY obtained records and show the AMERICAN PEOPLE (CITIZENS) that OBAMA was an ILLEGAL PRESIDENT….maybe that is why he was for supporting ILLEGAL IMMIGRATION AND OPEN BORDERS…..
The DNC and MSM put the word racist out there, to harm President Trump! Trump put more black people to work than any other POTUS, IS THAT A CHARACTERISTIC OF A RACIST? OR IS THIS, “These blacks are getting mighty upitty, we’ve gotta give them something, not a lot, just enough to pacify them! I’ll have those ni__ers voting Democrat for the next 200 years!” (D) Lyndon Johnson!
The Chicago Municipal Government tactics, do the crime, at the same time, blame the Republicans for the same crime we commit, get the media involved, they will be spending all their time trying to prove their innocence, they won’t even think to look at us!
We all know that for the past four years, the only thing the DNC has done was detrimental to America! Add the eight Obama years, 12 years of anti-America actions!
Obama spent more money than all former Presidents Combined! He is gone now, he owns at least two estates with mansions!
$28M to seal his records? Who does that?
President Trump refuses his pay, gives it to charity!
Diversion, start a huge fire down the block, then rob the store on the corner!
DNC
Keep a close eye on HRC, Joe Biden, and the DNC, they are up to something! You just gotta let Joe, be Joe! Right Obama?
Bill Barr, and Durham, do not let the American Citizens down! We are counting on the two of you, to do the right thing! It’s a crying shame when an American Citizen has to beg for Honor, Truth, Dedication, and Justice!
I say their should be a lawsuit against the democratically congressional leaders. They should be maid to pay back all the public funds that were wasted
‘That is not the role of judges in our democracy, and that is why Article III compels us to dismiss this case,” he explained’
While I was pleased with the outcome I couldn’t help but notice the error the appelate court judge made in mistaking Our Constitutional Republic for ‘our democracy.” An issue that was settled prior to the .signing of the Constitution by the rejection of a ‘democracy’ nine separate times in favor of the Constitutional Republic system.
I wouldn’t put it past Pelosi and Schumer to disregard the finding since it refers a democracy instead of a republic especially since they only use the name as a cover and are in no way democratic but socialists a foreign ideology that also has nothing to do with our Constitutional Republic.
The other thought was the judge used the term on purpose to moot the censure of the socialist foreign ideologists of the DINOs of the fake Democratic Party.
This does not surprise me. In fact the only real surprise was that it was a two to one ruling by the Court. It should have been THREE TO ZERO!
Sounds like INDICTMENTS need to be HANDED out to Jerry Nadler, Nancy Pelosi and Adam Schiff (and other DEMOCRATS responsible) for TREASON and SEDITION, Crimes against the POTUS and the American people for operation of an ILLEGAL COUP to unseat a DULY elected POTUS during the 2016 elections. They need to REMOVED from Office IMMEDIATELY in HANDCUFFS to a PRISON CELL awaiting TRIAL as per the U.S. Constitution. Team Trump and his allies 2020.