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DELAY IN SENDING ARTICLES TO SENATE BEGS QUESTION: HAS THERE EVEN BEEN AN IMPEACHMENT?

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BY DAN VALENTI

PLANET VALENTI NEWS AND COMMENTARY

(FORTRESS OF SOLITUDE, THE WEEKEND EDITION DEC. 27-9, 2019) — Perhaps the most fascinating aspect of the impeachment of President Donald Trump has been the aftermath, what we might call the anti-impeachment.

THE PLANET begins this exploration in the most unlikeliest place, one that House Democrats have ignored as well as most of the media, local and national: the beginning. In this case, we serve these relevant sections of the U.S. Constitution. Be honest. How many of you have actually read the Constitution? How many more than once? Be honest.

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Article I, Section 2, Clause 5 provides:

The House of Representatives … shall have the sole Power of Impeachment.

Article I, Section 3, Clauses 6 and 7 provide:

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Article II, Section 2 provides:

[The President] … shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Article II, Section 4 provides:

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.[3]

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As you can see, the language spells out the process in stark terms, a no-nonsense traipse into both the power and interpretive aspects of words and language. The words are direct. They point to outcomes. However, they do not spell out how to get from Here to There. And so we get interpretations — from the courts, from scholars, from Constitutional experts, from politicians, and from Mary Jane and Joe Kapanski.

We are well beyond whether the House should initiate impeachment proceedings. They did. The ambiguity stems from House Speaker Nancy Pelosi’s decision to withhold the two articles from the Senate. What are we to make of this?

Democrats say this provides them leverage as they negotiate the trial protocols with Senate Majority Leader Mitch McConnell, this to insure a “fair trial.” Their definition of a “fair trial” is one that finds Trump guilty. Republicans contend Pelosi and the Democrats have not sent the articles over because they realize the charges are too flimsy to be taken seriously, having painted themselves into a circle and facing certain embarrassment when they give the articles to the Senate as the Constitution demands. THE PLANET goes to the Constitution: The Senate shall have the sole Power to try all Impeachments. 

McConnell channeled Yogi Berra when he said of Pelosi and leverage, “I’m not sure what leverage there is in refraining from sending us something we don’t want in the first place.” You know, “Nobody goes there. It’s too crowded.”

Sen. Doug Jones, D-Alabama, and one of Pelosi’s pit bulls, complained that “everybody wants to talk about this in political terms.”

Well, yeah. The process has been about politics since the night Trump beat Hillary in 2016. The Democrats have be unable to get over the loss and from that very night flashed their hand, with one newly elected congress woman declaring they would “impeach the motherfucker.”

Is the President impeached? One can loudly argue no, that impeachment only occurs upon transmission of the articles to the Senate, since that is the complementary aspect of the bicameral process. To use an analogy, the Constitution is a toolbox. The process of impeachment (as opposed to impeachment itself) provides the tools. Only the transmission of articles constitutes impeachment itself.

Three professors from Harvard Law School recently debated whether Trump has actually been impeached. Prof. Emeritus Alan Dershowitz and Prof. Noah Feldman said no, he hasn’t been impeached. Feldman said a careful reading of the Constitution shows that removal-from-office is a two-step process. Both must be performed. The first step is impeachment, which the House performs. The second step is trial, which is put in the hands of the Senate.  Feldman said if the articles are not forwarded to the Senate, there has not been a valid impeachment. Incidentally, Feldman is a liberal opposed to Trump and one who supports Constitutional impeachment.

THE PLANET bets the house and lower 40 that Pelosi sends the two articles too McConnell. It won’t be nearly wrapped, it won’t have a pretty ribbon, but she will see the package is safely delivered. We remember the GOP’s nonsensical impeachment of Bill Clinton. It took the House three weeks to send the stink bomb to the higher chamber.

Finally, there’s politics, Doug. Is Pelosi’s delay helping or hurting the Democrats’ chances in 2020 against Trump? Arguments, of course, can be made on both sides. In this case, the evidence supports a Trump re-election. In a poll of polls, it’s clear the majority of the American people are against impeachment. The rush to impeach, the lack of a crime, the implausibility of the “evidence,” and the apparent lack of faith Pelosi has in the her party’s actions suggest that Trump’s core has not only been energized but is expanding. Meanwhile, the Democrats slug it out, and the apostles fighting for the top spot in 2020 have been narrowed (reduced, boiled down) to Joe Biden and Pete Buttigieg.

In the end, THE PLANET predicts Biden vs. The Donald with the latter emerging with four more years.

———————————————————————————————

“You can’t hit and think at the same time”Yogi Berra.

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.

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JoePesci
Guest
JoePesci

It’s like a grand jury returning a true bill as it’s called, voting to indict a person, and instead of the DA taking the true bill to superior court, for the subject of the vote to be formally charged with a crime, the DA pockets the true bill, and the person walks free.

It happens. In this case, there is no case law or precedent, requiring Queen Pelosi to forward the charges in a certain amount of time, but if the shoe were on the other foot, and the republicans tried that, the progressive left would scream bloody murder.

Technically, there has been no impeachment.

Truthsayer
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Truthsayer

There is a simple solution to all of this. Mr. Trump brags about his love of this country (granted it’s number 4 behind #1 – himself, #2 – money, #3 – his properties, but it’s on the list). The patriotic thing for him to do is simply resign according to an editorial published yesterday.

However, it’s sad how partisan our politics have become, fueled by left and right wing media that should be like Walter Cronkite, a neutral party simply stating the facts regardless of where they take us. As a country, we are in trouble and we’d best grab the bull by the horns and fix this before it’s too late.

Mr. Fritz
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Mr. Fritz

No Fakesayer – the patriotic thing for Trump to do is to continue to move the country forward at the rapid positive pace which no other president has been able to match, and to continue to weed out the swamp creatures who have been lining their pockets at the expense of the US taxpayer. It’s the economy, stupid.

The school committee
Guest
The school committee

He has given corporations 1.8 trillion so he can lie and cheat obstruct create chaos .If thats what voters want he will be elected.I just dont think America is so lacking in leadership thar we would follow the 1930s German model by blaming everone else.

CC The Maze Sun
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CC The Maze Sun

“To be or not to be
That is the question”

Jonathan Melle
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Jonathan Melle

Impeach and Convict! Remove Donald Trump from the Oval Office in January of 2020!

JohnnyTwoCents
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JohnnyTwoCents

For what exactly? Please cite specific bribe, treasonous act, or high crime, or even a simple misdemeanor?

Acute Angina
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Acute Angina

His crime was getting elected

The school committee
Guest
The school committee

Removed for the high crime of bribing a country at war with Russia. My tax dollars were held hostage so Trump could leverage my tax dollars for a investigation into his political rival .He needed a public announcement from the Ukraine.Then the whistleblower came forward and my money was released.The perfect whistleblower. Trump called on Russia in 2016 and Ukraine in 2020 .American patriots wont stand for a anti American president.

Pat
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Pat

The Democrats are trying to blame President Trump for any problems in our country despite a booming economy, lots of jobs, and much more spending power for everyone. When President Trump is no longer president for whatever reason, the serious problem will remain of two different views for the future of our country. Big government vs. less government in our lives. Big government controls every aspect of our lives while less government empowers us individually to make our own decisions. The far left wants the entire world to move toward a global economy. It’s easy to see how the globalist path would ultimately lead to one leader ruling the entire world. That is really frightening and for the people on the far left now foolishly calling President Trump a dictator, imagine the potential for serious problems with a real dictator in charge of the… Read more »

The school committee
Guest
The school committee

If helping the wealthy and powerful is your thing then Trump is your leader.If deep state money and power is your passion vote for Don.If criminality is ok then let him off the hook.

Johnny2Shoes
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Johnny2Shoes

All the politicians no matter the letter in front of their names help out the wealthy and powerful with taxpayers money, they just use different methods to get them the money.

Pat
Guest
Pat

I agree Dan V. that I don’t think there has been an impeachment yet.
Did anyone hear the AOC crowd yesterday yelling out that America is fascist and AOC yelling out in agreement that yes we are fascist. Mostly young people in the crowd. This is our future with these young people heading toward the polls who have been brainwashed in the school system to NOT think critically.
In Virginia they are now allowing young people to leave the schools during the day to work on political activism type projects. Gee, I wonder what party they are doing their activism for, as if we didn’t know. This is more proof of the schools furthering a far left political agenda.

Johnny Absurd
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Johnny Absurd

Some of those stupid young people also think they are entitled to a cleaner environment since it is them who will be around when we are gone. We need to work hard and make sure this does not happen. They are spoiled brats looking for handouts.

Acute Angina
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Acute Angina

Johnny Buffoon, very dumb post.

Johnny Absurd
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Johnny Absurd

Seriously?? When all us old white guys are dead and gone then those kids can do what they want with the planet. But until then we will destroy the ozone and melt the glaciers all we want. They can pry this planet from my cold dead hands blah blah blah
Nothing dumb about that sir…just the facts

Acute Angina
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Acute Angina

The environment will be just fine. The sky is not falling,

The school committee
Guest
The school committee

John is right.Poison is great.Snowflakes are crybabies. When we were young in Pittsfield we would play with poisons.

Acute Angina
Guest
Acute Angina

Yeah, but you ate it.

Pat
Guest
Pat

Forcing everyone on public transportation except the elites of course who will still have their planes and vehicles, this will not solve any climate issues. Mother Nature is in charge of that and nothing that humans do will change that fact. Murdering all the cows and scaring schoolchildren into believing they will all die in 10 years will also not solve any so-called climate issues.

Yougea Ohtule
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Yougea Ohtule

Hey,. Don Imus died. Once talked to him while waiting to get on his show for a promotion, best joke. I rememer the joke, and he laughed, one of his guests that day was Donald Trump.

The school committee
Guest
The school committee

Back when Trump was a Democrat

Johnny2Shoes
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Johnny2Shoes

And the democratic politicians loved him back then for being a democrat.They loved his political donations even more. Ask Schumer.

Johnny Absurd
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Johnny Absurd

Some stupid countries are building thousands of windmills saying that wind is a clean renewable resource provided by God himself. Two world leaders who think wind is a bad idea are Trump and Putin. I am pretty sure Donald and Putin know more than the silly kids do. And outside of putting kids in cages Trump hardly ever hurts kids. I know for a fact that he would never murder all the cows right in front of them to purposely scare them.
(no I don’t)

Pat
Guest
Pat

You do know that the windmills are killing many birds who get caught up in them. I thought the Dems would never sacrifice any living creature even for climate change? They have gone to unbelievable lengths to save a small toad in California, but are OK with chopping up birds in windmills?

Johnny Absurd
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Johnny Absurd

Why are you worrying about birds Pat? Donnie Jr. just killed an endangered sheep in Mongolia. And he did it for SPORT mind ya. No energy created just killed it to be a tuff guy. He also likes to kill giraffes and elephants and other helpless animals for SPORT. Those Trump men are macho as hell I tell ya. Even went after the teen girl with Asperger’s the other day. Tuff…very tuff dudes man.

The school committee
Guest
The school committee

Trump says windmills are causing cancer and I believe Don Trump.A genius and he is also very stable.

Pat
Guest
Pat

The same people who think we can prevent climate change must also think we could have stopped the ice age and even prevent the sun from taking its last gasps when it’s getting ready to burn out. Humans are not Gods. We can’t control everything especially nature.

Johnny Absurd
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Johnny Absurd

Could we stop all the acidic slurry from coal mining being allowed to run into our drinking water supplies Pat? Would your God be really pissed off by all the garbage floating in his oceans? Probably not, because your God is Trump and Trumps God is money and he has you believing that more money in your 401K is worth destroying everything anything in the way.

Pat
Guest
Pat

No, because as I said, instead of believing in God, the far left thinks they are Gods so much so that they can control the weather. I don’t even have a 401K even though I finally do have a job thanks to President Trump. Courtesy of “No Jobs Pittsfield” and a previous administration in Washington that had no interest in creating jobs, I am way behind in the 401K game.

Johnny Absurd
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Johnny Absurd

He is about as stable as a magnitude 7 earthquake with two weeks of after shocks. But he would take that as a compliment and say it was the “perfect” amount of stability.

The school committee
Guest
The school committee

Its more likely a bird dies from a window.

Chuck Garivaltis
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Chuck Garivaltis

I hope you don’t mind but I am going to go off topic now. I drove around town today to visit a few of my old haunts. I am tempted to do this because of decisions that are being made by people who claim they know Pittsfield. The Owls Club is long gone but not in memory of those who played there. Great athletes like Art Ditmar and Fred Broadrick were neighborhood guys who learned their skills on bumpy field of the Owls Club.Then there’s Crosby Farm where we learned to ski and sled all winter. During summer Crosby’s cows would roam field and we learned to milk cows and spray contents in face of nearby friends. The “Pines” were nearby and it was time for hide and seek . Tough to find your buddy when he was near top of a pine tree.… Read more »

Johnny99
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Johnny99

Mr. G, enjoyed reading your retrospective very much. Was Crosby Farm where the school is now and the field in back? And where where The Pines? And what was The owls club? While it may have been safe to walk to Boys Club back when it was a boys club, it sure isn’t now, and I agree wholeheartedly about the stupid bike lanes and the ruining of the parks. I played flea league under Duffy McGinnis back in the 60s at Clapp, and skated there growing up. What a park it was! It’s sad to see what Pittsfield has become. Happy New Year.

Chuck Garivaltis
Guest
Chuck Garivaltis

Johnny, Yes, Crosby Farm was where school now sits. Farm went left to rear of Backman Ave.homes, then way back to railroad tracks, and coming around to what was a pine tree area behind and to the right of school. New homes were built behind and to right of school. Pines were destroyed to build these houses. A few pine trees remain. One had to be careful playing in entire area because barb wire surrounded the entire farm property.

Thomas More
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Thomas More

You mentioned the Owls Club on Merriam St. and the was also Wine AC in Lakewood, the Shack off Curtis St. and there was one in the north end (Pecks) that I can’t remember the name of. There were 15 playgrounds and the stars of the day came from all of them. Lakewood alone could have provided a strong varsity team for most schools. Most of the parks are empty now except for organized games. In those days a baseball with the aid of electricians tape would last half the summer.

Chuck Garivaltis
Guest
Chuck Garivaltis

Thomas, All true for sure. Organized games only, with uniforms and spikes, even for 8 to 12 year kids. Quite a difference from our great teams of years ago.Lakewood sure did provide numerous players to our strong teams of the 40’s, 50’s, and 60’s.I think of Joe Zavy, Tommy Caliento, Dick DiOrio, John Dalone, Bob Traversa, Jim Pelkey, Joe Costanzo.There were others. Sorry if I forgot you. Thomas has it perfectly. A ball with electricians tape, and more electricians tape, was an everyday baseball. I have to add a baseball bat with 6 tacks and 2 nails in it was an every day part of our equipment, too. Oh, no uniforms either
guys, but we learned the game anyway. Maybe it was on a cow pasture.

Charles Trzcinka
Guest
Charles Trzcinka

I lean on the impeachment side.So does Predictit (https://www.predictit.org/markets/detail/3352/Will-Donald-Trump-be-president-at-year-end-2019) which has settled the contracts that paid $1 if Trump was impeached by December 31, 2019. The odds that the Senate will vote to remove Trump are 10%.

Thumdounz
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Thumdounz

Zero percent on Senate impeachment.

Merry & Bright
Guest
Merry & Bright

A bit late but wanted to wish everyone a nice holiday and hope everyone has a Happy New Year. Off subject. I keep seeing advertisements on social media and the BB regarding Warren Dew’s new cigar/barbershop Country Club. Possibly it is me, but, does it sound strange to anyone else that he is asking for membership monies before he has even gotten the business off the ground? It seems to me that he has created a higher class Go Fund Me page. In the BB in the smallest print possible he is asking for money to start this business. Just some questions, when the City is frowning on tobacco licenses, does he need one? If he does, is he positive he will receive one? But then again his wife is Lovely Linda’s right hand woman so I am sure that was a stupid question.… Read more »

Sea Garr
Guest
Sea Garr

What will it be called?

Sid Cioneckteau
Guest
Sid Cioneckteau

Smoke em if you got em.

Thomas More
Guest
Thomas More
Johnny Absurd
Guest
Johnny Absurd

Ask Mr. Stanley if having other people fund your business enterprise is a good idea. He might say, “Hell Yah, it worked for me!!!” And don’t forget to smile at Linda.

Acute Angina
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Acute Angina

Sounds like Warren Dews is Pittsfield’s Ralph Kramden.

Auto Phil
Guest
Auto Phil

Merry and Bright, this venture has to be one of the most sketchy businesses to land “Upstreet” in a long time. I would assume he doesn’t have the capital to actual fund the start up. He is asking for donations, like a kickstarter kind of thing, to get the business off the ground. Asking people for donations at Christmas Time was rather self- destructive if you ask me. If you go to the website and read the Membership Rules/ Terms and Conditions, it’s quite interesting. The business “has been granted special permission from the City of Pittsfield to allow alcoholic beverages to be brought in and consumed on the premises” – BYOB. The most interesting part is that the pre-opening membership cost is a one-time $99 fee that is denoted as a donation to the Kickstarter/Start up fee, and then includes the first month… Read more »

Merry & Bright
Guest
Merry & Bright

Wow, thanks for the information. Sounds like another behind the scenes maneuver by the City’s current Administration. Certainly sounds sketchy.

Jonathan Melle
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Jonathan Melle

Pittsfield politics will miss Gerry Lee, who passed away on Christmas day of 2019. I believe he meant well for the people of Pittsfield, Massachusetts.

Johnny Absurd
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Johnny Absurd

Great thought provoking article in the Dec 23 Berkshire Eagle section A. “The men who won’t stop clapping.” It is a must read for all the Pats in America who seem unaware that Putin has compromised their ability to rationalize what is going on right in front of them.

Pat
Guest
Pat

Putin is not in collusion with President Trump so there is that. Putin does want to create discord in our country, but it has NOTHING to do with President Trump. Putin would also LOVE our country to turn completely Socialist. Your two and a half year exhaustive Mueller report has proven that there is no collusion between Russia and President Trump. Instead all roads lead back to the Obama administration as to when the seeds were planted for Russia being bold enough to attempt to interfere in our elections. In what was thought to be an unrecorded conversation between Obama and a Russian official to send a message to Putin after the elections in this country were out of the way that Obama would have more flexibility.

The school committee
Guest
The school committee

This is not a trial.This is a political act.A trial would present evidence and there would be a defense of that evidence. The Senate is Republican and wont allow the house to present the evidence as it would be political suicide to be a republican to hear the evidence and vote guilt or innocent. This trial will never happen before the November election.Trump is talking about having this boards supporters be involved in the overthrow of the United States of America.

Pat
Guest
Pat

The only ones wanting to completely do a makeover of this country, or a total transformation, as they call it, is the far left. All the money and power would go to them and be doled out to Americans as they see fit. Since we would be completely dependent on this far left government for our every need, the overthrow of our current system of government would be complete thanks to brainwashed young people and older people who were never taught that giving away so much of your power to big government is complete stupidity and very dangerous.

Gigi
Guest
Gigi
Gigi
Guest
Gigi
Sammuuel Cunninninngham
Guest
Sammuuel Cunninninngham

Here is a crazy football stat that I would have never guessed. The Baltimore Ravens just eclipsed the all time season rushing yards,for a season. The incredible thing is the previous leader was held by non other than the 1978 Patriots.

Planet Valenti