The department’s 2020 opinion around Trump's impeachment trial could place some serious constraints on House Republicans now.

In 2020, Trump’s DOJ issued a binding legal opinion that impeachment inquiries are invalid without an official vote of the House.

@MJBrune@beehaw.org
link
fedilink
English
11Y

It’s just a majority vote and the GOPs outnumber House Democrats by 10 members. So, a very real chance that this impeachment will happen. Dems in the Senate have 2 members who are very GOP-friendly. Manchin and Sinema. So there is a small chance here for Biden to actually be removed from office.

So there is a small chance here for Biden to actually be removed from office

Wrong. It takes a super majority to convict in a impeachment.

@marco@beehaw.org
link
fedilink
English
31Y

The thing is that impeachment isn’t actually backed by the majority of the GOP. (Obv they might still vote in a partisan manner)

It’s just the freedom caucus people who are threatening removal of the speaker if he doesn’t entertain their evidence-less delusions.

https://thehill.com/homenews/senate/4198517-senate-gop-says-house-lacks-evidence-for-impeachment/

@MJBrune@beehaw.org
link
fedilink
English
41Y

Oh, that’s right! Sorry forgot about that. Well, that’s at least good. Even if they don’t get a removal though, it still normalizes impeachment which is the GOP plan.

I highly doubt normalizing impeachment is the goal. It’s about creating a distraction for Trump and all his cronies’ impending trials.

norbert
link
fedilink
21Y

They’re nearly the same thing, by pretending they’re going to impeach Biden they make it seem impeachments are no big deal and are boring procedural matters, providing cover to Trump by minimizing his. They don’t even need to bring it to a vote if they can get enough media coverage “investigating” the current McGuffin of the week.

@Rapidcreek@reddthat.com
creator
link
fedilink
3
edit-2
1Y

This is about starting an inquiry. The Republicans don’t have the votes to start. Plenty of Republicans will not vote for an inquiry. McCarthy tried starting without a vote today.

@Rapidcreek@reddthat.com
creator
link
fedilink
4
edit-2
1Y

deleted by creator

When you swing the hammer and hit yourself in the dick.

@EvilColeslaw@beehaw.org
link
fedilink
English
2
edit-2
1Y

Does the DOJ’s opinion, binding or not, actually matter with respect to this though? Impeachment is solely the prerogative of the House, and more broadly Congress. I don’t see how the DOJ as part of the executive branch can thus bind the House at all in this.

(Also worth noting that Impeachment technically isn’t a legal matter – it is a political process.)

@Rapidcreek@reddthat.com
creator
link
fedilink
2
edit-2
1Y

But typically, Justice Department internal opinions — though they have no binding legal weight in court — are controlling on subsequent administrations unless they’re revoked or superseded by new opinions.

If the House continues with an inquiry, and subpoenas people and records, the White House response will be that their inquiry per legal opinion is invalid and also to pound sand.

Trump wanted to force Pelosi to take a vote and had the DOJ write this opinion. You know what Pelosi did? She took a vote.

Maybe the DOJ can have a memo that suggests impeaching a sitting president requires an actual reason.

Create a post

In-depth political discussion from around the world; if it’s a political happening, you can post it here.


Guidelines for submissions:
  • Where possible, post the original source of information.
    • If there is a paywall, you can use alternative sources or provide an archive.today, 12ft.io, etc. link in the body.
  • Do not editorialize titles. Preserve the original title when possible; edits for clarity are fine.
  • Do not post ragebait or shock stories. These will be removed.
  • Do not post tabloid or blogspam stories. These will be removed.
  • Social media should be a source of last resort.

These guidelines will be enforced on a know-it-when-I-see-it basis.


Subcommunities on Beehaw:


This community’s icon was made by Aaron Schneider, under the CC-BY-NC-SA 4.0 license.

  • 1 user online
  • 75 users / day
  • 131 users / week
  • 355 users / month
  • 841 users / 6 months
  • 1 subscriber
  • 1.57K Posts
  • 12.8K Comments
  • Modlog