Fred Henneke, Attorney & Counselor-At-Law

Category Archives: Fred’s Blog

R.I.P. IMPEACHMENT; 02/03/2020

Tomorrow, Tuesday, Senators will have the opportunity to make speeches explaining their votes, which will actually be cast on Wednesday. Don’t expect a lot of honesty. Rather, what we will get are the justification for their decisions to remove or not, couched in terms that enhance their re-election chances (for those 35 up for re-election in 2020).

Besides the hypocrisy, what we will observe is the death knell for impeachment as a viable check on a president, any president. A little history lesson is in order.

Back in 1787, the Founding Fathers were in a quandry. In crafting this new, untested form of goverment, they were very conscious of the dangers of an all-powerful chief executive. After all, they had just fought  a long and bloody war over the abuses of King George III. However, the headless form of government under the Articles of Confederation (our original post-revolution form of government)  proved that there had to be a chief executive with enough inherent power to act swiftly when the situation dictated quick action. How long would it take for the then-Congress to meet, debate and authorize defensive measures against the enemies of this new nation?. Part of the solution was the creation of three branches of government, each being checked and balanced by the others. Another part of the solution was Impeachment.

Unfortunately, the Founding Fathers never dreamed of the hyper, mindless, single-minded partisanship of today’s Congress. They built our amazing form of government around the hope and expectation that only those persons with high honor and concern for the Nation as a whole instead of their own personal or sectional interests would occupy the halls of Congress. They could not envision an effort to impeach a president, merit aside, by only one political party (or faction as they were first called). Impeachment was a last measure by all patriots to remove a president who so abused the office that he (or she) no longer deserved to occupy that office. It was to be used only in the most extreme circumstances.

Only three presidents have been formally impeached in our long history; a fourth, Richard Nixon, resigned before being impeached. None have been removed from office. And none will unless one party so dominates the House and Senate that a strictly party vote meets the standards. The demise of this remedy created to provide a further check on abuses by the president began with the impeachment of William Jefferson Clinton for basically a sexual obscenity with an intern less than half his age. And even then, there was a modicum of bipartisan support for the impeachment, if not the acquittal. This current impeachment farce died aborning with no hope of success. And with it went any hope of ever using the constitutional check of removing a president from office.

A grateful nation applauds Tweedle-Dee (Nancy Pelosi) and Tweedle-Dum (Mitch McConnell).

STAY TUNED

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SHIFTING FOCUS: 01/14/2020

The issue of the impeachment of President Trump having been determined, the attention now turns to the issue of removal from office. It appears that the House of Representatives will vote on appointing “Managers”, aka Prosecutors, to present the reasons for the impeachment of the President to the Senate, sitting as a jury. The Managers… Continue Reading

2 responses to “SHIFTING FOCUS: 01/14/2020”

  1. Ilza Chappins says:

    Thank you for the insight of how our government should work.

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IRAN; 01/06/2020

“What I perceive is their strategy is to goad the United States into a military confrontation that compels the other nations to intervene and is opposed by a large percentage of Congress and the Americans, resulting in negotiations with the Iranians as equal participants. Kinda like a Hail Mary pass in the last minute of… Continue Reading

2 responses to “IRAN; 01/06/2020”

  1. Jody H says:

    I agree with your comments and concerns….with the exception of the last paragraph…it seems to me that Trump believes only he can “do this”. I am truly not sure how we got here and hope we can get out. I don’t remember any moment in our history that compares to this. We need our allies and Trump seems determined to blow them off. This is an ugly moment in our history.

    • Fred Henneke says:

      Thanks for your comment. I am not saying Trump alone can do whatever but that he believes and acts that way. He stated so many times at the 2016 Convention and since. The way he treats our allies, the way he uses the Justice Department as his personal law firm, etc. Rather than leading the free world, we seem to stand apart and even opposite it. He is in so far over his head that it will take years to recover.

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IMPEACHMENT INTERREGNUM; 01/02/2020

Well,: the joyous holiday season is over and we return to the ugly, hyper-partisan warfare. Not since the trench warfare of World War I has there been such an unproductive, destructive, polarized, unreasoning stalemate. Congress returns to work (?) on Monday. Here is the state of play:  Prior to adjourning for their 2 week vacation… Continue Reading

2 responses to “IMPEACHMENT INTERREGNUM; 01/02/2020”

  1. Gerry Gentry says:

    Excellent, as always.

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TIME OUT;12/23/2019

I grow weary of impeachment and hyper, unreasoning partisan politics. SO, I am calling a Time Out until after the start of the New Year.. As the angels said, “Peace on Earth, Goodwill To Men”. Merry Christmas and a Happy, Prosperous New Year to One and All. Fred Henneke Continue Reading

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IMPEACHMENT – FINAL PHASE; 12/18/2019

Today is an historic albeit sad day in our Nation’s history. The House of Representatives voted to approve two Articles of Impeachment against President Donald J. Trump, largely along partisan lines. The vote on Article One – Abuse of Power – was 230 Aye, !97 Nay with one vote Present and 3 Not Voting. Two… Continue Reading

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IMPEACHMENT: PHASE III; December 10, 2019

Yesterday the House Judiciary Committee had its second public hearing on the issue of impeachment. The Republicans had criticized the Democrats loudly for not presenting evidence of the alleged crimes committed by President Trump at the first hearing. Partly, I believe, in response to that criticism, this hearing consisted of the attorneys for the Democrat… Continue Reading

One response to “IMPEACHMENT: PHASE III; December 10, 2019”

  1. Gerry says:

    My bet is that re-election comes first. Thanks for your efforts to keep us informed with your thoughtful analyses.

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IMPEACHMENT; PHASE II; 12/03/2019

REMEMBER:  A. Impeachment is NOT removal from office. .                       B.  An impeachable offense is what half plus one of the members of the House of                                         … Continue Reading

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IMPEACHMENT; PHASE ONE; 11/22/2019

The Democrats, acting through the House Intelligence Committee, have completed two weeks of public testimony, including 2 witnesses requested by the Republicans. The witnesses, except for Ambassador Sondlund, were all career intelligence or foreign affairs professionals. The witnesses’ testimony was based on their personal knowledge – phone calls, conversations, written documents – as well as… Continue Reading

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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… Continue Reading

One response to “IMPEACHMENT – BATTLE LINES ARE DRAWN: 11/11/2019”

  1. Gerry Gentry says:

    2 thirds of THOSE PRESENT AND VOTING in the Senate: what is to stop the Republican Senators who fear a vote to convict would sink their reelection from simply being absent during the vote?

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