Fred Henneke, Attorney & Counselor-At-Law

IMPEACHMENT – BATTLE LINES ARE DRAWN: 11/11/2019

Since the first public testimony is scheduled for day after tomorrow, this ia a good time to look at the positions taken TO DATE by the Democrats and Republicans with regard to the impeachment of President Trump.

1  DEMOCRATS.The basic position of the proponents (Democrats) is that the President abused his office as President by asking in a telephone call with the President of Ukraine for a personal favor that would benefit his 2020 presidential campaign in return for the release of some $400 million in military aid that had been authorized by Congress but  not released by the President. The favor asked had two elements; (a) that the Ukrainian government investigate any possible corruption on the part of Hunter Biden as a Board member of a corporation called Barisma, or otherwise, or any corruption by former Vice-President Joe Biden; and (b) that the Ukrainian government investigate allegations that the Ukrainians, instead of the Russians, interfered with the 2016 presidential election and that the server with the missing Hilary Clinton emails was in Ukraine. The proponents are presenting the request for a favor as a quid pro quo – no investigation, no aid and no meeting between Trump and Zelensky. The military aid in question was authorized by Congress in May, held up at the direction of the President prior to but at the time of the phone call with President Zelensky of the Ukraine in July and not released until after the initial whistle blower’s complaint was made public in September. The Democrats may also allege obstruction of Congress based on the President’s refusal to allow members of the White House staff and other key officials such as Secretary of State Pompeo, former National Security Adviser John Bolton and acting White House Chief of Staff Mulvaney to testify.

2.  REPUBLICANS. The Republicans have advanced several different responses/defenses to the charges. They include: (a) there was no quid pro quo; (b) even if there was a quid pro quo, so what; it happens all the time. It is a normal method of negotiation between heads of state; (c) no laws were broken; (d) President Zelensky has said he did not feel under any pressure to do the favor; (e) Ukraine did receive the military aid; (f) President Trump was trying to insure that the military aid would not be wasted because of corruption in Ukraine instead of getting help with his re-election effort; (g) asking the head of state of another country for a favor is not an impeachable offense; (h) the Ukrainians did not conduct any investigation;  (i) the Democrats are engaging in a “witch hunt” fueled by Deep State career bureaucrats that hate Trump; (j) the Democrats are trying to over-turn the results of the 2016 election; and (k) it was all Giuliani’s doing.

Harkening back to the previous post, IMPEACHMENT: A PRIMER, according to no less an authority than Alexander Hamilton, impeachment is essentially political, not legal. Given the political reality that the Democrats have a substantial majority in the House of Representatives where it only takes a bare majority to impeach a president, it is all but assured that President Trump will be impeached. However, the reality shifts in the Senate where it takes 2/3rds ot those present and voting to remove a President from office. The Republicans have a slim majority in the Senate; 20 Republican Senators would have to vote for removal for President Trump to be removed from office. Highly unlikely based on what is known today.

So, a question for consideration is What is the benefit to the Country to impeach a president and divide the country even further when the chance of actual removal are remote?  Might there be a different path to follow?

STAY TUNED

Leave a Reply

Your email address will not be published. Required fields are marked *

IMPEACHMENT; A PRIMER; 10/30/2019

This post is intended to be a set of basic facts about what is commonly known as “impeachment”. The goal is to provide a basic understanding of the process and nuances without judgment (at least for now). The drafters of the Constitution were concerned about abuse of the far-reaching powers given to the President of… Continue Reading

Leave a Reply

Your email address will not be published. Required fields are marked *

DEEP STATE; 10/28/2019

The term “Deep State” has come to mean a cabal of unappointed professional bureaucrats working stealthily to undermine President Trump and prevent his re-election or foster his impeachment. There are no details as to how they are organized or coordinate their efforts; they just exist. It seems to me that the real Deep State citizens… Continue Reading

Leave a Reply

Your email address will not be published. Required fields are marked *

THE FUTURE OF THE REPUBLIC; 10/06/2019

Benjamin Franklin is reported to have been asked, after the Constitution was approved by the constitutional convention, what type of government had been formed. His response – “A republic, if you can keep it.” Never, in the 230 years since the adoption of the Constitution, has Franklin’s answer been in such doubt. The Constitution contains… Continue Reading

Leave a Reply

Your email address will not be published. Required fields are marked *

GERONTOCRACY?; 09/24/2019

Is there anyone else concerned by the fact that all four of the leading candidates to be President of the United States in 2021 – Trump, Biden, Sanders and Warren – are each over 70 years old?!  Or that the Speaker of the House, is 79 and  the Senate Majority Leader, is 77?!  Realistically, how… Continue Reading

Leave a Reply

Your email address will not be published. Required fields are marked *

The CHOSEN One;08/27/2019

“I alone can fix it. I’m going to make our country rich again. I’m going to turn our bad trade agreements into great trade agreements. I’m going to bring our jobs back. I will make individual trade agreements with individual counties.” I heard each and every one of these statements, along with many others, at… Continue Reading

Leave a Reply

Your email address will not be published. Required fields are marked *

SHOOTINGS; 08/12/2019

Las Vegas, Nevada. Sutherland Springs, Texas. Parkland, Florida. Charleston, South Carolina. Sebring, Florida. State College, Pennsylvania. Aurora, Illinois. Virginia Beach, Virginia. Abbeville, South Carolina. Gilroy, California. El Paso, Texas. Dayton, Ohio..  The list goes on and one. Could these tragedies have been prevented? Some, perhaps, but not all. Not until we can look into the… Continue Reading

Leave a Reply

Your email address will not be published. Required fields are marked *

FOOLS RUSH IN; 08/07/2019

No theme; just random topics during a hot, Texas summer.  Democrat Casting Call. It appears to me that there are 2 dominant reasons for the series of “debates” (and I use the word loosely) among the democrat contenders. The first is to winnow the field, based largely on name ID. The second is to garner… Continue Reading

Leave a Reply

Your email address will not be published. Required fields are marked *

TALKING POINTS; 07/31/2019

Congress leaves tomorrow for SIX WEEKS. They must be really tired. After all (1) they solved the humanitarian crisis on the southern border, (2) secured the border, (3) fixed our broken immigration and asylum laws, (4) set up a mechanism to fix our crumbling infrastructure, (5) passed a new health care law that includes no… Continue Reading

Leave a Reply

Your email address will not be published. Required fields are marked *

CHECKING IN; 07/14/2109

There really is nothing that deserves comment right now. The same people are making the same political pronouncements instead of actually doing something. The Republicans are content to let the Democrats make all the headlines; the Democrats are desperately trying to elevate the old news Mueller Report into something that they can use against the… Continue Reading

Leave a Reply

Your email address will not be published. Required fields are marked *