Full Text: Court Of Appeals Opinion Allowing Donald McGahn To Defy House Subpeona


February 28, 2020


Quoting an article by Charlie Savage appearing in the Washington Post on February 28, 2020.

“WASHINGTON — A federal appeals court ruled on Friday [February 28, 2019] that Congress could not sue to enforce its subpoenas of executive branch officials, handing a major victory to President Trump and dealing a severe blow to the power of Congress to conduct oversight.

In a ruling that could have far-reaching consequences for executive branch secrecy powers long after Mr. Trump leaves office, a divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit dismissed a lawsuit brought by the House Judiciary Committee against Mr. Trump’s former White House counsel, Donald F. McGahn II.

On Mr. Trump’s instructions, Mr. McGahn defied a House subpoena seeking to force him to testify about Mr. Trump’s efforts to obstruct the Russia investigation. The House sued him, seeking a judicial order that he show up to testify, and won in district court in November.

But two of the three appeals court judges ruled on Friday that the Constitution gave the House no standing to file any such lawsuit in what they characterized as a political dispute with the executive branch. If their decision stands, its reasoning would shut the door to judicial recourse whenever a president directs a subordinate not to cooperate with congressional oversight investigations.”

Open the PDF file for “House Judiciary v. Donald F. McGahn (U.S. Court of Appeals)” in your browser at the link below or click the “Download” button to download the file to your device.

Senate Resolution 483: Impeachment Trial Procedures (With McConnell Edits)


January 21, 2020


Read Senate Resolution 483 containing the GOP proposed procedures for the Senate Impeachment Trial with Mitch McConnel’s hand written revisions. This resolution is being discussed in the Senate today, 1/21/20.

Open the PDF file for “Senate Resolution 483 (McConnell Revisions (1.21.20)” in your browser at the link below or click the “Download” button to download the file to your device.

House Reply Memorandum To Senate Filed January 21, 2020


January 21, 2020


House managers submitted a final written brief — a 34-page document that included a point-by-point rebuttal of arguments put forward by Mr. Trump’s lawyers on Monday, and an appeal to senators to convict him.

Open the PDF file for “House Reply Memo To Senate 1.21.20” in your browser at the link below or click the “Download” button to download the file to your device.

Trump Trial Memorandum To Senate Filed January 20, 2020


January 20, 2020


Trump’s Trial Memorandum is the primary document thus far filed by Trump in the Senate Trial. Trump’s lawyers released their Senate Trial Memorandum on January 20, 2020, two days after the House filed their Trial Memorandum. Among other purely partisan statements in Trump’s 171-page Memorandum, it disingenuously calls the articles of impeachment passed by the House “an affront to the Constitution and to our democratic institutions.”

Open the PDF file for “Trump Memo To Senate 1.20.20” in your browser at the link below or click the “Download” button to download the file to your device.

House Trial Memorandum To Senate Filed January 18, 2020


January 18, 2020


This Trial Memorandum was the opening salvo in the Trump Senate Impeachment Trial. It was filed on January 18, 2020. In the words of Adam Schiff, Chair of the House Intelligence Committee, introducing the memorandum: “The case against the President is simple, and the evidence overwhelming. He abused his power by soliciting foreign interference in our election, withholding military aid from our ally, and jeopardizing our national security, elections and democracy.”

Open the PDF file for “House Memo To Senate 1.18.20” in your browser at the link below or click the “Download” button to download the file to your device.

Chart: Trump Obstruction of Ten Months of House Investigations


December 16, 2019


Updated 12/16/19. Use to track the House’s Trump impeachment inquiry, investigations, transcript releases, opening statements and Trump’s obstruction. This chart details how Trump’s obstruction has from the outset delayed House investigations, including the impeachment inquiry. The chart chronicles the actions taken by House committees, the people involved, their responses and the ultimate outcomes since House Dems took power in January of 2019. House Dems deserve credit for engaging in what will become the most complex investigation of presidential misconduct in American history. However, as the chart demonstrates, the degree to which Trump has succeeded in hampering their efforts and ultimately delaying the impeachment process has been shocking. The current version of this useful and unique document is “Chart: Trump Obstruction of Ten Months of House Investigations.” You can easily view it by following the directions below. Depending upon the type of browser you are using, you will either immediately see the PDF in your browser (especially if you are using Google Chrome coupled to Adobe Acrobat, or the PDF will download to your device). Please provide feedback or report problems to Defeat Trump at https://twitter.com/Defeat_Trump2.

Open the PDF file for “Chart: Trump Obstruction of Ten Months of House Investigations” in your browser at the link below or click the “Download” button to download the file to your device.

Democratic Senators Must File A Formal Dissent If Trump Is Acquitted


December 4, 2019


Prof. Gerhardt explains how a strong Senate dissent can weaken a Trump acquittal. Call your senators and urge them to read Professor Gerhardt’s law review article on this website and to use it as a guide in drafting a blockbuster dissent to a Trump acquittal that will forever document the disastrous presidency that resulted in Trump’s impeachment (Professor of Law Michael J. Gerhardt testified before the House Judiciary Committee regarding the Trump impeachment on December 4, 2019.)

Open the PDF file for “Dissent in the Senate 1.20.18” in your browser at the link below or click the “Download” button to download the file to your device.

The Mueller Report (Fully Redacted Version; Searchable)


April 18, 2019


At the end of this text find a downloadable and searchable PDF file of the fully redacted Mueller Report, including both Volume I and Volume II (the only version released to the public so far). The Mueller Report is by now famous, but it is a complex document arising from very unusual historical circumstances. For those who wish to understand it more fully, we offer this helpful explanation which originally appeared in Vox: “Special counsel Robert Mueller released his report Thursday — and it’s nowhere near the “total exoneration” President Donald Trump claims.

The 448-page report is split into two “volumes”: one chronicling the many ties between Trump’s campaign and Russia, and another outlining 10 “episodes” where Mueller said there was potential evidence of obstruction.

Here are the two main findings: First, Mueller found no criminal conspiracy between the president’s team and Moscow. Second, while Mueller declined to recommend charges against Trump, he found several instances where the president tried to influence or shut down the investigation — obstructing justice in all but name. (Click on “Continue Reading” to finish the article and to scroll to the downloadable Mueller Report.)

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