Impeachment Articles Must Be Challenged
in Court

Sounds like a good idea to me. I can't understand why the Republican-led Senate is going along with this sham impeachment and treating it as if it were legitimate. They know they won't do the same to a Dem President, so why do they allow it for their side. It almost seems that they are so anxious to get it over with and move on rather than fight for the Constitution. Don't they realize the dems won't stop until they get rid of the President? Don't they realize how dirty the dems play? Don't they realize the dems get away with everything, because they let them? Good grief! FTA: "By proceeding to the trial phase, the GOP is implicitly granting legal legitimacy to House impeachment proceedings, which demonstrably violated President Trump's Fifth Amendment rights. This sets a bad precedent.

Impeachment is not a conventional legal process. Regular trial rules do not apply. Only rules in the Constitution apply. And, the Courts are not going to intervene to stop the House unless they break one of those explicit Impeachment rules.

Given how erratic and politicized our "federal courts" have become, I am reluctant to get the so-called judiciary involved in this matter. They have no power or authority in this now (Roberts would just be a moderator with no power, save what the Senate conceded to him) and they should not be given any.

In the democrat controlled House, the President has the same rights as any other American citizen - NONE.

The founders would not have taken it to court. They would have mopped Pelosi and Schiff with hot tar and rolled them in feathers, then marched them down main street. I would love to see that.

Sheer ignorant nonsense. Read the Constitution. "The House of Representatives...shall have the sole power of impeachment." That's it. The courts have no power to intervene. What's forgotten is that "impeachment" is one act, an indictment or accusation passed by the House. It's over and done with, whether ever sent to the Senate or not. The Senate is the "court" that tries the indictment and reaches a verdict based on the Articles of Impeachment.

The Constitutional protections against conviction are found in the required 2/3 Senate vote and the hope that House members, facing a likely loss in the Senate would be rational and not bother with impeachment. Sadly the dem House is no longer rational. I also agree that the impeachment vote is a political action, Constitutionally left in the the hands of the House, and it is unlikely the courts would get involved with the process. So to the the trial, Constitutionally left in the hands of the Senate. However, as has been true in the past, the Senate is the more measured body, meant to check the "passions" of the House. The 2/3 vote is a very high hurdle and with no "high crimes and misdemeanors" in the accusations it is unlikely to happen. Yes, it is a ugly thing to happen. But we are in a ugly fight with Progressivism and the desperate Progressives are losing badly so far. Impeachment isn't a surprise. They have been going after Trump since before he was elected, using every dirty trick they can. Just consider that Trump is a counter puncher, hitting back harder than hit. The dems should consider that. The Iranians currently are.

I agree with #2 and #3. I would add that the power the judiciary has assumed to litigate the U.S. Constitution's meaning and implications is not a power the Constitution grants the Supreme Court. Rather it is exactly that: an assumption that was asserted in a court case (Marbury v. Madison) and has been implicitly conceded as precedent by the other branches. Note also that the trial part of the process takes place in the Senate and, even there, the Chief Justice presides; he does not decide. The counter that the Constitution establishes to House misconduct during impeachment belongs to the Senate. The Senate can establish whatever procedure it chooses to conduct a trial, which could include a simple vote to dismiss based on the poisoned fruit arguments made by the author. I would guess that the role of the Chief Justice in a such a trial would be limited to ensuring that the votes were taken and counted correctly.

The Senate republicans do not want this to become a full blown trial with witnesses. They fear what will be exposed. To unravel this ball of yarn will result in many in the political class being put under the microscope and they want nothing to do with that. The GOPe/never Trumpers are trying to figure out how to retain the status quo once Trump is out of office. Open Pandora’s Box and watch the corruption, greed and power lust fly out and hit the country in the face. There will be no going back. What everyone believed was happening will be shown to be true, and that is our government is filled with grifters and con men who become multi-millionaires as “public servants”. Of course, Schiff’s circus was illegal. I have never seen anything like it in my entire life. The brazen arrogance that fueled their ability to deny the President due process was stunning. I kept waiting for all the legal scholars to make their appearances to defend due process but very very few appeared. That was frightening because it showed the depth of corruption by people who are trusted to interpret the law and they were no where to be found. There should have been a great hew and cry but there was not which tells me these vaunted scholars are ideologues not legitimate interpreters of the law. We are in a world of hurt if we do not get this process right. Presently, it is an abomination created by the democrat party who has lost its way in its raw desperation to unseat a duly elected President because they revile him and know they cannot beat him at the ballot box. Some may try and downplay the damage the process is doing to the office of the Presidency and the Constitution, but they could not be more wrong. If this process is allowed to stand, a terrible precedent will have been set and the country will suffer greatly because of it. When you boil this down to its essence, this is merely nothing more than an angry political party trying to railroad a sitting President out of office on trumped up charges. Now who is the party guilty of breathtaking and likely illegal,overreach?

The courts would not get involved in impeachment by the House. Impeachment alone is meaningless. If the Senate refused to let the President make his case, they might. But that is not going to happen here.

If the legitimacy of this isn't challenge now in court by the Executive Branch then in the future, a Democrat controlled House and Senate could easily vote to Impeach and Remove not only the POTUS, but the VPOTUS as well, and promote the Speaker of the House to Chief Executive and nullify an election. Had Demonrats been as ruthless in the 1980's, as they are today, they would have done this to President Reagan and VP Bush over any number of things... such as challenging the Soviet Union, invading Grenada, Iran-Contra, or bombing the hell out of Libya.

Mitch McConnell and Lindsey Graham are GOING TO fall down, roll over and soil themselves in favor of the Marxist's. It's what they do every.single.time. and they'll do it this time. The Senate intel committee made sure that David Kris would be the guy to "fix" the FISA warrants with Buuuhhhh-buuuuhh-bipartisan Mitch's blessings. And that includes the blessings from Bill Barr and that integrity laden stalwart, "Bull" Durham. Hello??? The Senate is part of the deep state. They are its paid off referees. It might not vote to convict and remove but it WILL do everything it can to try to hurt Trump so that he will not be re-elected. And, the Constitution? Please. Have you been asleep for the past three decades? Congress has absolutely ZERO regard for it. Since most Americans have zero regard for it, why should Congress?

If there were a court challenge, it should be based on whether the articles involve high crimes and misdemeanors, not due process. But, the courts are still likely to stay out of it. The 2/3 majority required in the Senate, BTW, make it unlikely even a Democrat-controlled Senate could convict on charges as flimsy as these.

Too much legal mumbo-jumbo...……….The constitutionality of the impeachment articles should be sent to the Supreme Court to declare whether or not the charges are in compliance with the Constitution's criteria for any such action. If the Senate accepts the document before this is done it would give some sort of legitimacy to the document. The Senate should tell Pelosi that it will not accept the impeachment documents until a Supreme Court ruling is made. If the Supreme Court rules that criteria is not Constitutionally acceptable...……….case closed.

FTA: "A successful court challenge would send a message to Trump-supporters that the GOP means business and stands united behind our president." The GOP means business? LOL! Is Arnold Cusmariu joking? If he is - - that's a really good one!

I wouldn't send an appeal of an overtime parking ticket to Chief Judas John Roberts. He is legally drugged up, for his epilepsy, as opposed to Chief Justice Rehnquist, who was illegally abusing sleeping pills after his back surgery, and had to go through drug rehab for it. Am I discriminating against epileptics? I guess I am, but I'm familiar with the drugs used to control the disorder, and those drugs can be really mind altering. The federal courts should be kept out of the impeachment process. Period. Chief Judas John Roberts, the three witches, and Breyer, would yield a predictable bias.

What a stupid idea! This does not belong in court. The Senate just needs to kill it. At some point, Trump may need to sue the pants off a bunch of people, but not with this impeachment fiasco!

AMEM, #16, do NOT trust CJ Roberts. Period. KAG

Mitch won’t challenge anything in court. He will put on a massive lengthy full blown trial to prove he is fair.

No court is going to consider it. Impeachment in the House and whether or not to convict in the Senate are entirely political questions. Impeachment by the House cannot be appealed nor can a conviction or dismissal by the Senate. The 2/3 majority required for a conviction in the Senate is the only check on the House's unbridled power to impeach.

Sounds reasonable, but I wonder if any court will entertain anything to do with impeachment since it is a House controlled process? It does seem that the basic Bill of Rights protections should apply, regardless of anything else.

The Marxist Communist democrats have no provable facts in their charges of impeachment. All their evidence against President Trump is mere hearsay by liars. This should be enough evidence against Marxist Communist democrats to remove them from office under charges of treason against our constitution and Bill of Rights.

Leaving something up to the courts is gambling. They could say something like, these charges qualify as high crimes and misdemeanors. Or could say, as the Democrats claim, that Presidents can be impeached for any reason. There is no way there will be a 2/3 majority to convict in the Senate. So there is no need to roll the dice before the courts.

Isn’t Congress approval rating around 9%? How’d it get so high? s/

The Senate should proceed with a trial but only call the witnesses who testified in the House proceeding which "justified" the indictment. No witch hunt calling other witnesses. No House witness acknowleged any impeachable offense. Case closed.pe Get back to work for the people/ country. Better yet, recess for the rest of the year and leave us alone.

The U.S. Senate could pass a resolution that a majority of its members believe the President's right to due process had been violated by the U.S. House of Representatives. And then the Senate could dismiss the charges brought by the House.