A "cunning maneuver" by the House Democrats

In the Conservative Treehouse, Sundance tells us about a "cunning maneuver" by the Democrats in the House.

What the house crew have assembled is an interesting back-door attempt to position a valid claim for evidence against the accused without having first gained judicial authority for it. The Lawfare crew will argue to the lower courts, and to SCOTUS, the blocked evidentiary material is critical evidence in a soon-to-be-held Senate trial.

The material they have been seeking is: (1) Mueller grand jury material; (2) a deposition by former White House counsel Don McGahn; and less importantly (3) Trump financial and tax records. Each of these issues is currently being argued in appellate courts (6e and McGahn) and the supreme court (financials/taxes).

The House impeachment of President Trump succeeds in applying the label “impeached president” that was their primary political purpose. President Trump is marred with the label of an ‘impeached president’.

Now the delay in sending the articles of impeachment allows the House lawyers to gather additional evidence while the impeachment case sits in limbo.

The House essentially blocks any/all impeachment activity in the Senate by denying the transfer of the articles from the House to the Senate. Additionally, the House will now impede any other Senate legislative action because the House will hold the Senate captive. Meanwhile the Democrat presidential candidates can run against an impeached President.

Lawfare’s legal svengali Lawrence Tribe recently penned an op-ed with this type of recommendation; and it appears the community that worships Tribe, including the House lawyers writ large, are following his advice.

While Politico outlines the plan from a position of the scheme as a new idea, the fact the House impeachment rules were changed to drop the appointment of the managers speaks to considerable forethought on this type of plan.

It does not appear this is a new idea; rather it looks like this is a pre-planned procedural process by design:

Read more here.