October 29, 2019

Not long ago, I posted a commentary called “What If They Gave an Impeachment and Nobody Came?” Well, we may find out.  Charles Kupperman, a top deputy to former national security advisor John Bolton, was a no-show at his scheduled closed-door deposition. Though Schiff’s committee had subpoenaed him to appear, he instead has asked a federal court for “judicial clarity” on whether or not he's legally required to be there.

House Intelligence Committee chairman Adam Schiff, who is running the so-called “impeachment inquiry,” said Kupperman’s suit has “no basis in law,” but based on what we’ve seen lately, I’d say that depends on what judge is looking at the case and how much that judge cares about balance of power.

House Democrats say they’ll move forward with their “inquiry,” and Speaker Nancy Pelosi has even said she’ll (finally) bring a vote to the floor on Thursday to authorize it. (House Republicans, for what it’s worth, are saying her effort at this point is “too little, too late.") Rather than engage in lengthy legal battles to obtain testimony from witnesses such as Kupperman, they’ll just blame the non-cooperation on Trump and write articles of impeachment attributing any no-shows to an order from the White House. Schiff said as much to reporters outside the hearing room: “I’m sure that if [officials] fail to appear, they will be building a very powerful case against the President for obstruction.”

Schiff continued, “We are not willing to allow the White House to engage us in a lengthy game of rope-a-dope in the courts.” It seems very important to House Democrats right now to rush ahead with their impeachment effort and not be delayed even for a day or two by such inconvenient technicalities as court rulings. They act as if they’re omnipotent and not even subject to court rulings. Waiting for such a obstruction??  Well, yes, if Trump has asked for it.

In Kupperman’s lawsuit, he says that he “cannot satisfy the competing demands of both the legislative and executive branches.” In other words, he needs to know:  who gets the final say, Congress or the White House? He was working for the White House,so you’d think executive privilege would be a valid concern. Without the court’s help, he’d have to make his choice alone, when that decision could inflict “grave constitutional injury” on either Congress or the presidency. Schiff and the House Democrats obviously don’t care at all about constitutional injury; if they did, they’d wait for a judge to rule. “Given the issue of separation of powers in this matter,” Kupperman said in a statement, “it would be reasonable and appropriate to expect that all parties would want judicial clarity.”

Indeed. But the chairmen of the House Intelligence, Foreign Affairs and Oversight Committees, which all are playing some role in overseeing Schiff’s committee, don’t find it to be reasonable and appropriate at all and wrote to Kupperman’s lawyers that his suit was without merit and “appeared” to be coordinated with the White House. The letter refers to it as an “obvious and desperate tactic by the President to delay and obstruct the lawful constitutional functions of Congress and conceal evidence about his conduct from the impeachment inquiry.”

Kupperman’s lawyer, Charles Cooper, wrote back to reassure them that his client will cooperate with the judge either way. He said it was not Kupperman who was challenging Congress’ constitutional claims. “It is President Trump, and every President before him for at least the last half century, who have asserted testimonial immunity to their closest constitutional advisers. If your client’s position on the merits of this issue are correct, it will prevail in court, and Dr. Kupperman, I assure you again, will comply with the court’s judgment.”

See, if the Democrats would just WAIT. But once again, they’re proving they don’t care about getting it right, only about getting Trump. They want to keep gathering steam. I get the distinct idea that they realize if they wait, they will either lose their momentum or be hit by the Durham and/or Horowitz investigations with evidence of deeds so egregious that their bogus “inquiry” will be seen for what it is.

Now that Kupperman has defied his subpoena, it’s unclear whether two other witnesses scheduled to testify this week, current national security White House staffers Alexander Vindman and Tim Morrison, will appear.

Laura Ingraham on Monday night’s INGRAHAM ANGLE invited go-to law professor Alan Dershowitz and former deputy Attorney General John Yoo to weigh in on the court showdown over this “inquiry” and what Trump should be doing to fight back. Yoo stressed that Trump has to fight for the office of the Presidency, to preserve its power for those who follow after him. “He can’t let the House get away with conducting an 'impeachment on the cheap,” Yoo said. He recommends that Trump claim executive privilege, "the right for all of his aides to refuse to testify and reveal the secrets that are discussed between them and the President, so that it allows for the best kinds of decisions possible.” He also recommended that they refuse to provide documents until the full House votes (even if that vote is mainly symbolic) and until they agree to have “a fair, open and transparent process so the American people can judge for themselves” if there is real evidence of any high crime and misdemeanor. But at this point, is it too late for Trump to have a fair process, as many Republicans feel?

Likely so.  In fact, Alan Dershowitz, tongue only slightly in cheek, warned Yoo that in advising Trump to use executive privilege as a reason for his aides not to cooperate, he himself might be charged by Schiff with obstruction. “According to Adam Schiff, he [Yoo] is part of a conspiracy to obstruct justice. Adam Schiff calls it a rope-a-dope. There’s another word for it; it’s called ‘checks and balances,’ ‘separation of powers.’” This isn’t something that either Congress or the President gets to resolve, he said. The courts do. “Schiff should not be demeaning our system by calling it rope-a-dope,” he said.

Dershowitz noted that Schiff is already getting away from the Zelensky transcript –- of course he is, as there’s nothing in it –- and moving ahead on obstruction. (I would add that this is EXACTLY what the special counsel tried to do after their “Trump/Russia” investigation turned up no conspiracy with Russia.) He advises that Trump add more Constitution specialists to his White House legal team. As for Trump, the President wants the focus to be where it should be, on the case –- which he says is very simple –- as opposed to all the process. Wouldn’t that be refreshing, to look at what actually did or did not take place, in a fair, open and transparent public hearing?

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Comments 1-25 of 46

  • Michael Moody

    10/31/2019 03:53 PM

    Dear Mike:

    I think there is one thing the Democratic Party power elite does not either care about or just doesn't understand. They think the way they have treated Donald Trump is no problem. It excites the extremists on the left, their middle doesn't care and conservatives are too dumb to notice. I think that late assumption is very much in error and that the position of conservatives has even hardened more than they are away of.

    We are next. That is the message. If they treat the President of the United States, a true outsider like the rest of us, this way, what will they do to me. If I cross a card carrying member, what will happen to me? So it no longer matters to me at all what Donald Trump does or says. Because I know liberals who do the same thing will never be touch but they will throw the book at someone who crosses one of their multitude of Pharisaical lines. So I don't have any choice. No one right of center has a choice. They have drawn a line and anyone on the other side of the line will bear the penalty. So I will be voting for Donald Trump and any other Republican I can because I know what the Democrats will do with -MY- country. And I think many other millions of right of center Americans will do the same. The Democratic hypocrites have made it impossible for us to act any other way.

  • Ginger Siltman

    10/30/2019 02:11 PM

    Trump has my vote in 2020 unless he is not on the ticket. I don’t have to listen to any more of the things being reported in the News.

  • David E Palmer

    10/30/2019 10:49 AM

    You can not negotiate with evil! You cannot reason with evil. Evil is only concerned with getting its way! Trying to negotiate with evil is like arguing with someone about whether its daylight or dark outside. You cannot convince someone of the obvious! The socialist dems are an enemy to America and the Constitution! They will corrupt the Constitution, any laws, principles, or procedures to get their way. They will never surrender to truth! They must be defeated, or they will not stop until they have destroyed America and everything she stands for! It is way past time for America loving leaders and citizens to understand this!

  • Linda Olds

    10/30/2019 07:16 AM

    It's very frustrating that Schifty can do this, and nothing can stop him.
    I'm not even suggesting stopping the "inquiry". It would be great to have an inquiry out from the basement, out in the open.
    But Schifty and Pelosi know that they and their inquiry would melt in the light of day.

  • Toni Ali

    10/30/2019 05:05 AM

    Shifty schiff is a shameless animal. Enough said!!

  • Donna Logue

    10/29/2019 10:29 PM

    Kay Dewitt, How can you say "AND our beloved President is NOT born again" ?
    Why do you assume this? I don't believe God told you that. You better start worrying about your own sins, God is not going to ask you about our Presidents sins; which you have no idea if he has asked for God's forgiveness for.
    How can you say you have "AGAPE LOVE FOR PRESIDENT TRUMP!", when you show how shallow your words are.
    Just because you sit in a pew in church on a Sunday doesn't make you anymore of a Christian than sitting in your garage makes you a car. How this went from Schiff's antics and lies to judging our President is beyond me.

    Our President must have the grace of God covering him for him to deal with being bashed on a daily basis.
    Our President and our country needs our prayers on a daily basis or evil will take it over. God Bless our President and God Bless the U.S.A.

  • Jay Wood

    10/29/2019 09:53 PM

    Trumps needs to stop screwing around and arrest these clowns , its like a damn circus of lawlessness, arrest them so the world can see we will not put up with their crap. The foot dragging day after day for 3 years, He needs to arrest these dems and get to it.

  • gary stilwell

    10/29/2019 08:25 PM

    I have sent this same comment several times---I'll send it again--
    This so-called "impeachment" inquiry is absolutely unconstitutional-period--

    The Constitution reads(section 2, pp 5) The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment."---
    This section DOES NOT authorize 'committees' to have the power of impeachment, it does not authorize two committees to have this power either, not even when it's raining in Delaware at 3:37 P.M. on a Monday in June.---the section means just what it says ---the House of Representatives---the same "House" that chuses their Speaker---a committee can't 'chuse' a Speaker---it must be the 'House'--that means the House--what is so confusing about this???

    These 'inquiry' committee members DO NOT have any signed affidavits from each of the House Reps that transfers their "rights" to represent them to the committee(s) members.
    What we have here is a conniving pelosi--who is expert at subterfuge--a willing media that latches on to any scrap that fits their agenda, and airs it as fact--either by outright false-hood or innuendo--
    I almost wish that if this illegal process proceeds to impeachment that Ginzberg is the presiding justice during the Senate trial--given her past insightful opinions, I believe she would execute the Constitutional requirements without bias.

  • Carl Smith

    10/29/2019 08:22 PM

    Fox News is still using Judge Napolitano, who has never been involved in Federal Court cases, is at it once again and his partisanship is obvious for someone who spends as many hours a day as I do.
    Once again I recommend that the WH use Democratic tactics against them--JUDGE SHOP --Since this is probably a case that should go to the Supreme for a definition of 'high crimes and misdemeanor's'. At this juncture Congress could not determine the definition of coin of the realm much less something that takes Deep Thought. The media is going to rue the day they pushed the lame brains in Congress to carry water for them not being able to get over believing thier own polling being wrong . I can still remember the look on Megan Kelly's face and rapidly switching channels to witness the talking heads melting down. I told my wife "This is going to become the Political Circus of the century". The Media ( mainly written) has been the KING MAKERS in politics for over a 150 years and they are NOT going to take this defeat laying down. I felt it would be partisan skirmishes but I NEVER DREAMED they would put ALL thier chips in to fight a losing battle. I underestimated the ignorance of the Morons claiming to be 'Journalist'. The FEW REAL Journalist must be really Pissed by now, because a few are ruining the integrity of Journalism.

  • Tamara Walther

    10/29/2019 06:37 PM

    This is getting so out of had. The Democrats need to get over the fact that they didn’t win the election in 2016 and start working together for our country.

  • Carmine Fea

    10/29/2019 06:32 PM

    Republicans, Independents, Democrats who support fair government contact your representative in the House and tell them to vote NO impeachment inquiry , which, at this time, is scheduled for Thursday, October 31, 2019. There is no Constitutional or legal reason to impeach our President. Let us stop impeachment here and now. We can all read, and there was no quid pro quo and no abuse of power in the phone call. The two principles, President Trump and the president of the Ukraine, agree on that, and that ends all controversy. Biden's blackmail in the Ukraine using taxpayer money is corruption no matter where it occurred, and corruption in the Ukraine can only be investigated in the Ukraine. An impeachment inquiry is a democratic hoax to interfere with the 2020 election.

  • Shirley Ball

    10/29/2019 06:26 PM

    They are running scared!

  • Daveycrewcut

    10/29/2019 05:42 PM

    POTUS has reasonable grounds to believe that Joe Biden and Biden's son, Hunter, may have been involved in corruption, both in Ukraine and China. POTUS was duty bound to request Ukraine's assistance in investigating the situation. If the USA is sending Ukraine money, we need to know if any of that money made its way to the company that employed Hunter Biden and we need to know if any of the money that was paid to Hunter Biden made its way back to his father!
    The fact that Joe Biden is running for president is immaterial.

  • richard vitecka

    10/29/2019 05:24 PM

    So tired about this impeachment crap, nothing else gets gone in house except the haterid of the president. No other president has gone through what he has, the whole democratic party should be impeached for being communists and socialists.

  • Mark Mittelstaedt

    10/29/2019 05:22 PM

    McConnell should not take the " impeachment " up in the Senate until all the documents / transcripts / recordings / what-have-you are released to the public, as they would have been under previous impeachments.

  • Edna ThomasHerndon

    10/29/2019 04:52 PM

    God bless Pres. Trump! I will be voting Trump 2020 !!!

  • Jerry Korba

    10/29/2019 04:37 PM

    Adam Schiff is a social misfit he should be called our nations poster person the top GNAT. A very tiny physical specimen he pacts a sense of no self worth. He is irrational, hateful, full of envy, he is jealous of almost every man on the planet he looks at DeBlasio and has to admit he doesn't measure up to that goon and he is without friends I believe he had to take the mirrors from his home the site of himself probably made him sick as he does with most decent Human Beings when we speak of Bin Laden and old dead boy Bagy finally did the honorable feat of blowing himself to Allah we should honor Schiff in the same way. I know a little rough Adam is a miserable little coward he loves being hated. He is without self esteem.

  • Rev. Leonard Miller

    10/29/2019 04:22 PM

    I for one as a legal American citizen, am completely, and wholeheartedly tired of the witch like hunt, and the kangaroo style courtroom that is being ran by Schiff, and the Democrat Party.
    Hundreds of millions of dollars has already been thrown to the wind because of this and as a disabled American it is very disheartening to see that kind of money just wasted on the "simple hatred of a person".
    President Trump has done more for America then maybe all past presidents together. It's time to let him to continue making America great.

  • J M

    10/29/2019 04:19 PM

    Adam Schiff confronts empty chair at Democrat Impeachment hearing....The Empty Chair won!

  • James Harris

    10/29/2019 03:52 PM

    Since Schiff has already been caught in numerous lies he should be removed from his position. He needs a taste of his own medicine.

  • Sega

    10/29/2019 03:25 PM

    Schiff admits he's a dope with his "rope-a-dope" comment, and it fits since his empty head wanted to confront an empty chair with empty allegations. The reason Schiff is in such a hurry is all his skeletons are coming out of the closet as it was revealed he and Nutty Nancy were part of an illegal arms sale through Pelosi's son to a Ukrainian arms dealer to the Middle East. There's also Schiff's involvement with the Standard Hotel in West Hollywood selling of children as sex slaves. Quite a few Democrats are in deep Schiff!!

  • Kay DeWitt

    10/29/2019 02:44 PM

    In response to the statement that "this is what comes from allowing our schools to be turned into leftist indoctrination camps", I say NO! Our schools have been turned into anti-AGAPE love camps (which is synonymous with anti-Jesus camps, but because it was the fact of Christ's love, through me, that won the hearts of gang kids of all religions do I state that what our schools have been turned in to is lack of love camps rather THAN lack of Jesus camps). and Republicans are as guilty for allowing it to happen as are the Democrats!!! THEREFORE, "political" values are always about the lesser evil when compared to GOD'S values and, friends, there are some Christians who SEE this and are crying out that America's greatness be measured BY God's values!...NOT by the lesser evil of political values!

    Adam Schiff wrote:"We'll betray an ally, but we'll go back in to protect the oil? That sickens me, frankly".........I, too, had that thought!....THEN I READ THIS COMMENT FROM SOMEONE IN RESPONSE TO A PREVIOUS COMMENT ABOUT TRUMP'S "WIN" IN SYRIA:

    "Your "one good thing" very nearly ruined months and months of military planning because the special ops had a different time table. The military is barely speaking to him over it. Clearly he figured he needed a PR shot after all the remarkably stupid actions of late so he used this mission to benefit him politically. Glad the bad guy is dead but it was the quick thinking and acting by our special forces when thrown off schedule by Trump's orders that saved the day. All Trump contributed was to say "go".

    And. ...because of MY knowing Trump's need to always be a "winner"...did I, too, have this same thought....BUT NOT BECAUSE I HATE HIM (like the Democrats do) BUT BECAUSE I LOVE HIM....WITH Agape love... which is the desire for the loved one's ultimate best as that ultimate best is seen from God's ETERNAL perspective...Jesus Christ said that unless a man be born again, he cannot inherit the Kingdom of God.....

    AND our beloved President is NOT born again....and, if he does not BECOME born again when he closes his eyes for the last time, he will know THEN what makes for a REAL winner FROM God's perspective, but then it will be too late! Therefore, my love for my President cares more about that he spend all of eternity in heaven....that he "win" heaven ....rather than that he win a political election....AND I SAY THIS LEST THE READER INTERPRET WHAT I JUST WROTE AS HAVING BEEN WRITTEN BY ANYTHING LESS THAN MY AGAPE LOVE FOR PRESIDENT TRUMP!

  • Amelia Little

    10/29/2019 02:40 PM

    The get-Trumpers are so out of the loop....they don't KNOW that American citizens are tired of all this monkey business, and, moreover they wouldn't CARE if they did know. After all, they are sooo much smarter than other Americans (even lawyers, professors, highly educated people) and know so much more than we do what is needed. Which, in their eyes is socialism. Alas, there are some regular people who do think this crap is okay, and would be glad to see President Trump gone--but they aren't looking ahead to where we would be if this happens. Probably a good number of them only pay attention to msm and have no idea all that has been accomplished since Jan 20. 2017.

  • Anne Amato

    10/29/2019 02:40 PM

    Dear Governor,
    I did watch Laura Ingraham and the comments by John Loo and Alan Dershowitz.
    However, this morning on the Rush Limbaugh show, Rush played a tape of a Democrat female (cannot remember name) who said the vote this week would NOT be a vote on whether to actually conduct a formal impeachment inquiry....something about it being a vote on process and future procedure.....
    Rush seemed to have a strong opinion that there will NOT be a formal impeachment inquiry vote. "Color me confused"...... I guess.....perhaps it depends on what the female meant by the words she used....?

  • Janet Batts

    10/29/2019 02:32 PM

    It seems to me that the House can “lynch” Pres Trump no matter what. If they do they will have a fight in their hands with the American people. They will have no chance for redemption.