How Donald Trump’s DOJ gave Biden a major assist in the coming impeachment probe
How Donald Trump’s DOJ gave Biden a major assist in the coming impeachment probe
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.
When you swing the hammer and hit yourself in the dick.
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.)
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they have no binding legal weight in court — are controlling on subsequent administrations unless they’re revoked or superseded by new opinions.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.
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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.
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/
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.
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Maybe the DOJ can have a memo that suggests impeaching a sitting president requires an actual reason.