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The Swamp

Crooked Hillary Applauds Trump’s DOJ Apprehension of Julian Assange

The Trump administration is making Hillary Clinton very happy as she struts around free as a bird.

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After announcing that famed whistle-blower Julian Assange would be prosecuted for alleged hacking assistance, the Trump administration has gained a surprising admirer in his 2016 electoral opponent ‘Crooked’ Hillary Clinton.

“The bottom line is that he has to answer for what he has done, at least as it has been charged,” Clinton said on Thursday while giving a speech to a New York City audience.

Assange’s revolutionary journalism outfit, WikiLeaks, published Democratic emails that helped tip the 2016 presidential election to Donald Trump. No good deed goes unpunished, apparently, when it comes to the federal government.

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“It’s not about punishing journalism,” Clinton said, repeating the talking points from the federal indictment. “It’s about assisting the hacking of a military computer to steal information from the United States government.”

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Journalists such as Glenn Greenwald and Michael Tracey, both left-leaning in their political outlook, demolished the rationale used by federal prosecutors and echoed by Clinton to justify the railroading of Assange.

Trump is currently playing dumb regarding Assange and WikiLeaks, appearing ineffectual and weak as a commander-in-chief with his aloof comments.

“I know nothing about WikiLeaks. It’s not my thing. And I know there is something having to do with Julian Assange. I’ve been seeing what’s happened with Assange. And that will be a determination, I would imagine, mostly by the Attorney General, who’s doing an excellent job,” Trump said to reporters on Thursday.

Trump seemed to be quite aware of WikiLeaks and Assange when he constantly pumped them up on the campaign trail heading into the 2016 presidential election.

Candidate Trump’s messaging doesn’t match the words and deeds of President Trump when it comes to protecting whistle-blowers, prosecuting Hillary Clinton, and many other issues. The ‘Never Trumpers’ are back in the saddle and salivating because of Assange’s extradition.

If President Trump’s reign as chief executive ends with Assange behind bars and Crooked Hillary walking free, it will be very difficult to make the argument that he accomplished his goal of Making America Great Again.

The Swamp

What Happens If John Roberts Decides Not to Preside Over Trump’s Post-Presidency Impeachment Trial?

Trying to make sense of a messy situation.

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Several Republicans and Democrats familiar with the negotiations over Donald Trump’s second impeachment trial have said that Supreme Court Chief Justice John Roberts does not want to preside.

A Politico report that broke the news reads as follows: “We’re hearing that Roberts, who for years has sought to keep the courts apolitical, was not happy he became a top target of the left during Trump’s first impeachment trial. ‘He wants no further part of this,’ one of our Hill sources says. A spokesperson for the chief justice declined to comment.”

As if it weren’t unprecedented enough for a president to have been impeached twice, Democratic lawmakers are hell-bent on holding an impeachment trial for a man who is no longer president. And it sounds like they’re going to get their wish: Senate leaders agreed Friday that the trial would begin Tuesday, February 9. It does not appear that Roberts’ decision is a factor either way.

This clown show needs some unpacking. First off, Roberts has very good reason to reject presiding over Trump’s impeachment trial. The Constitution states that the chief justice will preside when the president is tried. Not the ex-president, the current president. That alone should be sufficient.

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Despite this, there may not be anything that expressly forbids Congress from impeaching and convicting former officials. Some legal experts have pointed out that “nothing in the text of the Constitution bars Congress from impeaching, convicting, and disqualifying former officials from holding future office.”

In light of all this, the radio silence of the Founders on this matter allows both sides to justify their support or opposition. Those in opposition say that because there’s nothing in the Constitution about trying a former president, there are no grounds to hold the trial. Those in support say that because there’s nothing in the Constitution about trying a former president, there is no legal reason to oppose the trial.

Furthermore, law professor Frank Bowman, speaking to the Washington Examiner, argued that if a trial is going to be held, it might be prudent for Roberts to preside.

“The vice president does have a personal interest in the outcome, insofar as conviction would eliminate Trump as a future political rival, either to President Biden or to Harris herself,” Bowman said. “I think the constitutionally safer call is that he should preside. That way, there can never be a later objection on the ground that the tribunal was not properly constituted.”

If Chief Justice Roberts decides to extricate himself from this mess, Democrats are said to be discussing the possibility of having Vice President Kamala Harris, who is also the president of the Senate, preside. Also being floated is president pro tempore and longest-serving senator Patrick Leahy.

Harris has a conflict of interest if she were to preside, however. And indeed that is why the Founders wanted the chief justice of a (theoretically) non-political entity of government to do so. Harris is not only of the opposite party and was on the ticket that defeated the Trump/Pence ticket, she might very well have aspirations for the presidency if Biden decides not to seek reelection. Trump himself may have his eye on the presidency once again as well, meaning that Harris would be presiding over the impeachment trial of a potential political opponent.

So if the legality of convicting an ex-president is gray, then it becomes a question of prudence. And prudence dictates that the impeachment trial should not proceed. The side that’s calling for “unity” is engaging in something fundamentally disunifying. Any attempt to convict a former president with no clear legal grounds is most definitely not a recipe for “unity” and “healing.” Our senators should just move on and worry about governing. Enough with the political shams and shenanigans.

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