Tuesday, November 5, 2019

Trump, Clinton and Dershowitz

The failure of socialism in countries around the world can be traced to one critical defect: it is a system that ignores incentives."--Perry

Dinner with Kelly Meade at Casbah. She was in China for three weeks.


The abuse of power, making everyone suffer for a "good idea," is personified by Daylight Savings. I am stumbling through its effects now, trying to retrain my brain so that we can revere the sainted Benjamin Franklin.


In May 2014, French Foreign Minister Laurent Fabius declared during a joint appearance with Secretary of State John Kerry that "we have 500 days to avoid climate chaos."

It is astonishing that an economic system that has enslaved and impoverished nation after nation and was responsible for more than 100
million murders in the 20th century is portrayed as utopian, and that capitalism, which has liberated hundreds of millions from poverty, is depicted as evil.--David Limbaugh

An article on the S.A. rugby for David:
https://www.microsoft.com/inculture/sports/springboks-rugby/?ocid=AID2453188_QSG_357846

Uber still managed to lose more than $1 billion despite increased earnings in the most recent quarter.

A new National Bureau of Economic Research (NBER) estimates that in the wake of the tsunami-induced Fukushima meltdown, shutting down all of Japan’s nuclear power plants actually killed far more people than it saved. Radiation from Fukushima resulted in a grand total of zero deaths. The overly cautious evacuation of the surrounding areas, on the other hand, resulted in 2,202 deaths, according to a 2018 report by Japan’s Reconstruction Agency.

On November 5, 2009, 13 people were killed and more than 30 others wounded, nearly all of them unarmed soldiers, when a U.S. Army officer goes on a shooting rampage at Fort Hood in central Texas. The deadly assault, carried out by Major Nidal Malik Hasan, an Army psychiatrist, was the worst mass murder at a U.S. military installation.

                             Trump, Clinton and Dershowitz

Impeachment is a quite specific process and the Clinton impeachment is a good example of its limits. Here is Dershowitz:

"Clinton did not commit an impeachable offense, even if he feloniously lied under oath about his sex life. Such perjury, if it occurred, would satisfy the definition of a "crime," but not meet the required Constitutional criteria of a "high crime and misdemeanor." If President Clinton committed a crime, it would be a low crime related to his sex life and comparable to the low felonies — adultery and paying off an extortionist — committed by Alexander Hamilton when he was Secretary of the Treasury. Had Hamilton paid the extortionist from Treasury funds, as he was falsely accused of doing, he would have been guilty of an impeachable high crime.
To be impeached, a president must commit a crime (misdemeanor is a species of crime) and the commission of that crime must also constitute an abuse of office. An abuse of office without an underlying crime is a political sin, but not an impeachable offense.

This very issue was debated at the Constitutional Convention, where one delegate proposed "maladministration" as the criteria for impeachment and removal of a president. James Madison, the Father of our Constitution, strongly objected on the ground that so vague and open-ended a criterion would have the president serve at the will of Congress and turn us from a Republic with a strong president into a parliamentary democracy in which the chief executive can be removed by a simple vote of no confidence. Instead, the Convention adopted strict prerequisites for impeachment: treason, bribery or other high crimes and misdemeanors. The House is no more empowered to substitute its own criteria for those enumerated in the Constitution.

Hamilton did characterize the criteria for impeachment as "political," but only in the sense that they relate to "injuries done immediately to the society itself." He then immediately rejected the view that the process should be partisan, based on "the comparative strength of parties," rather than on "the real demonstrations of innocence or guilt." He called that the "greatest danger" and demanded "neutrality toward those whose conduct may be the subject of scrutiny." Those who misquote and misunderstand Hamilton wrongly conflate the words "political," by which he meant governmental, and "partisan, " by which he meant related to the comparative strength of parties and factions.

It is difficult to imagine a greater breach of Hamilton's principles than the recent House vote along party lines (with two exceptions, both opposing impeachment) to open a formal impeachment investigation against President Trump. The vote was determined exclusively by the "comparative strength of parties," as was the vote to impeach President Bill Clinton two decades ago."

(Published in Gatestone, by Alan M. Dershowitz, the Felix Frankfurter Professor of Law Emeritus at Harvard Law School and author of The Case Against the Democratic House Impeaching Trump, Skyhorse Publishing, 2019.

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