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(Editor’s note: The House has voted for the impeachment of President Trump, but this article explains that their legal position on obstruction of Congress is under review by the Supreme Court.)

The decision by the Supreme Court to review the lower court rulings involving congressional and prosecution subpoenas directed toward President Trump undercuts the second article of impeachment that passed the House Judiciary Committee along party lines last week.

That second article of impeachment charges President Trump with obstruction of Congress for refusing to comply with the congressional subpoenas in the absence of a final court order. In so charging him, the House Judiciary Committee has arrogated to itself the power to decide the validity of subpoenas, and the power to determine whether claims of executive privilege must be recognized, both authorities that properly belong with the judicial branch of our government, not the legislative branch. The House of Representatives will do likewise, when it votes to approve the articles, as the chamber is expected to do so Wednesday.

President Trump has asserted that the executive branch, of which he is the head, need not comply with congressional subpoenas requiring the production of privileged executive material, unless there is a final court order compelling such production. He has argued, appropriately, that the judicial branch is the ultimate arbiter of conflicts between the legislative and executive branches. Therefore, the Supreme Court decision to review these three cases, in which lower courts ruled against President Trump, provides support for his constitutional arguments in the investigation.

The cases that are being reviewed are not identical to the challenged subpoenas that form the basis for the second article of impeachment. One involves authority of the New York district attorney to subpoena the financial records of a sitting president, as part of any potential criminal investigation. The others involve authority of legislative committees to subpoena records as part of any ongoing congressional investigations.

But they are close enough. Even if the high court were eventually to rule against the claims by President Trump, the fact that the justices decided to hear them, in effect, supports his constitutional contention that he had the right to challenge congressional subpoenas in court, or to demand that those issuing the subpoenas seek to enforce them through court.

It would be a smart way out for those Democrats. More important, it would be the right thing for them to do. It would be smart and right because, as matters now stand, the entire process smacks of partisanship, with little concern for the precedential impact which these articles could have on future impeachments. If a few more Democrats voted in a way that would demonstrate greater nuanced recognition that, at the least, the second article of impeachment represents an overreach based on current law, it would lend an aura of some nonpartisan legitimacy to the proceedings.

The first article goes too far in authorizing impeachment based on the vague criterion of abuse of power. But it is the second article that truly endangers our system of checks and balances and the important role of the courts as the umpires between the legislative and executive branches under the Constitution. It would serve the national interest for thoughtful and independent minded Democrats to join Republicans in voting against the second article of impeachment, even if they wrongly vote for the first.

(Excerpt from The Hill. Article by Alan Dershowitz.)

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    Melinda Thomas
    December 20, 2019

    The article in this magazine has been addressed by Franklin Graham. He states that his father would not approve of the article and sites much disagreeing points. Unfortunately, the magazine article, most likely will be heralded and Franklin Graham ‘s voice swept under the rug by the media.
    To not wait for Supreme Court rulings is putting the cart before the horse. This opinion is given with too little information. I am concerned.
    Father, help us to rightfully engage in the present culture as not to lose our focus on the gift we have in our Lord. May the church begin to wake up to the insidious workings of those who would want impeachment.
    People who, by their own voting records would murder innocence and celebrate. Those who directly have influenced our nation’s laws in opposition to God and have tied U.S. aid for foreign nations to embracing abortion and the LGBT lifestyle. These policies have not only influenced our nation toward sin, but other nations, also. Our President is trying to drain the swamp on these type of politicians. Do you not think our Lord has placed the man in office for the purpose of working on these types of abominations in His eyes. Do you know His character? Church,wake up.
    May the Lord deal accordingly with those in high places that have done this evil and created the present cultural atmosphere. May we, the Church repent, know and walk humbly with our God and do right and fight for justice.

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      Renee
      December 20, 2019

      I’ve copied and pasted part of the CT article. I believe this part of the article is very relevant to us believers
      because many non-believers closely observe our actions. We’re to set an example to the rest of the world and the impression that we’re giving the rest of the world by turning a blind eye to Donald Trump’s unChristlike behavior isn’t a good one and it’s not helping to bring the lost to Christ.

      “To the many evangelicals who continue to support Mr. Trump in spite of his blackened moral record, we might say this: Remember who you are and whom you serve. Consider how your justification of Mr. Trump influences your witness to your Lord and Savior. Consider what an unbelieving world will say if you continue to brush off Mr. Trump’s immoral words and behavior in the cause of political expediency. If we don’t reverse course now, will anyone take anything we say about justice and righteousness with any seriousness for decades to come? Can we say with a straight face that abortion is a great evil that cannot be tolerated and, with the same straight face, say that the bent and broken character of our nation’s leader doesn’t really matter in the end?

      We have reserved judgment on Mr. Trump for years now. Some have criticized us for our reserve. But when it comes to condemning the behavior of another, patient charity must come first. So we have done our best to give evangelical Trump supporters their due, to try to understand their point of view, to see the prudential nature of so many political decisions they have made regarding Mr. Trump. To use an old cliché, it’s time to call a spade a spade, to say that no matter how many hands we win in this political poker game, we are playing with a stacked deck of gross immorality and ethical incompetence. And just when we think it’s time to push all our chips to the center of the table, that’s when the whole game will come crashing down. It will crash down on the reputation of evangelical religion and on the world’s understanding of the gospel. And it will come crashing down on a nation of men and women whose welfare is also our concern.”

      Mark Galli is editor in chief of Christia

        Melinda Thomas
        December 22, 2019

        Renee, I am not defending President Trump in some of his brash statements. As a relatively new Christian, his transformation and renewing of his mind is a process, as it is in all our lives. He is an imperfect man. However, the larger picture here is what a holy God will and will not tolerate. The Church, as a whole seems to have lost this fact. God will not continue to have favor on a nation that continues to support what He calls abominable acts.The ravage of abortion and unholy unions in marriage is an affront to our Lord and what we will and are reaping is the wind. Donald Trump, in our present culture appears to be intent on protecting our freedom to have a voice and speak God’s perspective into our culture. The present House is pro abortion and LGBTQ+ rights to an extreme of disregard of our right to stand by and with our Lord on these issues, infringing on any organization or person that disagrees with their stance.
        Our God specifically called out these sins and destroyed nations do to their practice of these sins. He firmly deat with Israel on these issues and will not tolerate America’s slide into apostasy.
        May He have mercy on us and I wish you peace.
        Sincerely,
        Melinda Thomas

      Tina Molay
      January 20, 2020

      I agree with you Melinda! One hundred percent!

linda
December 19, 2019

i agree.

Jackie Prentiss
December 19, 2019

AMEN:Be still, and know that I am God: I will be exalted among the heathen, I will be exalted in the earth. Ps46:10

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marilyn poll
December 19, 2019

I ask that a prayer call by IFA be initiated every day until the impeachment process has been defeated in favor of Trump, at least every week.

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