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Text of the page (random words):
ent a person from becoming or continuing as vice president who is not article ii qualified the constitution at article i sec 2 and 3 and article ii section 4 gives congress the power to impeach the president or vice president which only applies to a duly elected and confirmed president or vice president who is convicted of treason bribery or other high crimes and misdemeanors as we can see impeachment would only apply to a duly elected president or vice president who has committed a serious offense the constitution cannot be amended by an act of congress see article v provides the procedure for amending the constitution the quo warranto remedy of removal from the office of president and vice president that donofrio seeks is beyond the power of the federal courts to grant and would violate the political question doctrine and separation of powers for congress has finally spoken on the matter and biden and harris have already been sworn into office finally donofrio cites the case of drake v obama 664 f 3d 774 9 th cir 2011 in support of his position but that case does not help him the central issue there was where a quo warranto action based on the d c code must be filed the federal district court had dismissed the quo warranto claim because plaintiffs had filed it in the wrong venue california the 9 th circuit court of appeals affirmed id at 786 the court held that a quo warranto action based on the d c code can only be filed in the district of columbia id at 785 there was no issue before the court whether the statute applies to a sitting president or vice president it did not give any opinion on whether a quo warranto action under the d c code applied to a sitting president or vice president the declaratory judgment action that i propose is the only way that trump should go a declaratory judgment action that i propose gives trump the best fighting chance he has to defend himself in the senate impeachment trial a declaratory judgment action under 28 u s c 2201 and f r c p 57 does not suffer from the procedural and constitutional infirmities of a quo warranto action that i have outlined above trump has standing to bring the action against the house senate and the whole congress 1 first trump will be personally harmed from the impeachment and he presents a real live controversy with respect to that impeachment he will be able to show that it is congress s impeachment that is causing him his harm he would also be able to show that the court can give him the remedy he seeks which is a declaration of his rights and obligations respecting whether he spoke the truth about the irregularities of the elections in the contested states and whether his speech regarding those elections legally caused the capital invasion second he also has competitive standing against congress biden and harris which continues beyond the 2020 election see owen v mulligan 640 f 2d 1130 1133 n 8 9 th cir 1981 citing schiaffo v helstoski 492 f 2d413 417 3d cir 1974 holding that a rival candidate had standing to challenge an incumbent s activities seeking to secure an unfair advantage in future elections trump has stated publicly that there is a likelihood that he will run for president again in 2024 in fact the democrats and some republicans want to impeach trump so that he can no longer run for president given that trump is no longer in office personally harming trump politically in the future is one of the main reasons why congress with the tacit support of biden and harris is pursuing its impeachment of trump in his declaratory judgment action trump can challenge and seek to enjoin the activities of the house and senate designed to impeach and convict him and intended to produce an unfair advantage in favor of his primary and or general election rivals in the next presidential election hence for these two reasons trump would present a justiciable controversy in his declaratory judgment action in his declaratory judgment action trump would be seeking a declaration from the court as to his rights and obligations with respect to 1 his statements that the elections in the six or seven contested states were not conducted according to the constitution and state and federal law and 2 whether his speech on january 6 2021 is a legal cause of the violent entry into the capitol an impeachment trial in the senate does not afford trump the same due process rights he would enjoy in a court and satisfy his need to pursue those issues as we witnessed in trump s first impeachment there is no real legal standard as to what a high crime or misdemeanor is the interpretation and application of those words are rife with political bias existing in any given moment of history for example then house minority leader gerald r ford in 1970 defined the words thus the only honest answer is that an impeachable offense is whatever a majority of the house of representatives considers it to be at a given moment in history conviction results from whatever offense or offenses two thirds of the other body considers to be sufficiently serious to require removal of the accused from office again the historical context and political climate is important gerald ford s remarks of april 15 1970 on the impeachment of supreme court justice william douglas archived april 12 2019 at the wayback machine retrieved january 17 2021 hence trump needs to develop and prove as much factual information as he can in a hopefully dispassionate court of law before a jury free of passion prejudice and sympathy prior to the senate trial in order to meet that political challenge there trump would not have in the senate the same discovery and subpoena powers that he would have if he first filed the declaratory judgment action in federal district court a court of law has more power and will to sanction discovery violators than would a politically charged senate the rules of evidence apply in a court but not in the senate neither a civil nor criminal court would allow as we saw in the house of representative a witness to offer that president trump is the white supremacist in chief clearly irrelevant and inflammatory as evidence of liability or guilt with respect to the capitol invasion furthermore just showing that trump spoke the truth about the election irregularities is not sufficient trump must also demonstrate that he did not cause the capitol violence and invasion the issue of causation is trump s speech a legal cause of the violent invasion of the capitol can better be presented and argued in a court of law which is highly experienced with the complexity of the causation issue consider how the politically charged members of the house of representatives during the impeachment trial basically ignored the fundamental issue of causation like in the house of representatives we cannot expect a similarly politically charged senate to give to the causation issue the importance that the law demands it deserves in the senate like we saw in the house of representatives trump would probably be subjected to that body s political judgment however tainted and be made a victim of our current political and social cancel culture rather than given the benefit of any legal judgment simply stated trump cannot expect to receive due process of law in the senate that he would receive in a court of law corporate interests have significantly cut president trump s ability to communicate with the american people and the world they are therefore interfering with his political speech and ability to defend himself and the nation with a lawsuit in court president trump can fully defend himself by taking action to show that he did not commit any wrong there he would also have the right to have a jury of the people decide the facts based on admissible testimony exhibits and stipulations rather than the politically motivated senate acting as a jury finally he would also be able to appeal to the circuit court of appeals and have a path to the u s supreme court if necessary there is no appeal from an impeachment trial by the senate even if he were to file an appeal to a court of a senate conviction that court would most likely rule that it has no jurisdiction because an impeachment presents a political question and is therefore a nonjusticiable issue see https www lawfareblog com supreme court has no role impeachment in the declaratory judgment action he would be able to present all his evidence of the illegal elections in the contested states he already has much of the information he needs right in the texas lawsuit other legal actions and evidence which he was never given an opportunity to present in court with such evidence he could prove that his claims of election irregularity were legitimate trump would then utilize those factual findings in his later senate impeachment trial after developing his evidence and factual record in court he can then stand fully prepared to challenge his impeachment trial in the senate and show there that he did not commit any high crime or misdemeanor and that the impeachment has no factual foundation trump also needs to apply for a temporary injunction of the senate trial requesting that the trial be stayed pending completion of his declaratory judgment action hence such an action in the federal district court would provide trump with greater due process rights which he will not enjoy in the politically biased senate where political rhetoric and ambition rather than facts will reign depending on what evidence trump could bring to his declaratory judgment action and what he could prove there regarding the irregularities of the elections in the contested states that information can be given to congress the question then is what congress could do with the information the approach that the president is unable to discharge the powers and duties of his office under section 3 of the twenty fifth amendment is not practical since the vice president is needed to start the process and then a majority of a biden cabinet would have to support the effort the only other avenue that i see is in section 1 of the twenty fifth amendment which includes the possibility that a president can resign from office textually the section does not include a vice president but i cannot imagine congress not being allowed to ask a vice president to resign followed by such a resignation depending on what trump would prove in his declaratory judgment action regarding the contested elections that information can be given to congress which could in turn request that biden and harris resign i have demonstrated that trump should file a declaratory judgment action and not a quo warranto action the declaratory judgment action will provide him with the due process rights outlined above which are fundamental to our justice system and which he needs to exercise to prove the facts he alleges about the elections in the contested states and that his speech did not legally cause the capitol illegal entry he must bring his case to a court of law first before he brings his defense to the senate legal action in a court is the only way that he can hopefully receive the due process and justice to which he is entitled hopefully he will do so for it will provide him with the factual evidence that he needs to defend himself in the senate impeachment trial mario apuzzo esq january 26 2021 http puzo1 blogspot com copyright 2021 mario apuzzo esq all rights reserved 1 trump and pence had competitive standing to personally sue biden harris and the contested states which does not mean making a motion to intervene in an ongoing suit like trump did in the texas litigation they had to bring their own personal action against those defendants before biden and harris were sworn into office on january 20 2021 they could have sued them based on the election irregularities in the contested states and on harris not being an article ii natural born citizen despite my writing to them and their legal team that they take such action for some unknown reason they chose not to posted by mario apuzzo esq at 1 09 am 39 comments labels declaratory judgment action donald j trump due process of law election contest impeachment joe biden kamala harris leo donofrio mario apuzzo quo warranto sunday january 17 2021 president trump needs to make his impeachment defense first in court before making it in the senate president trump needs to make his impeachment defense first in court before making it in the senate by mario apuzzo esq january 17 2021 1868 impeachment trial of president andrew johnson abc news is reporting the following president donald trump s personal attorney rudy giuliani tells abc news he s working as part of the president s defense team in his upcoming second impeachment trial and that he s prepared to argue that the president s claims of widespread voter fraud did not constitute incitement to violence because the widely debunked claims are true they basically claimed that anytime trump says voter fraud voter fraud or i do or anybody else we re inciting to violence that those words are fighting words because it s totally untrue he said well if you can prove that it s true or at least true enough so it s a legitimate viewpoint then they are no longer fighting words https abcnews go com us giuliani working trumps impeachment defense argue voter fraud story id 75302032 i am glad to see that president trump s legal team has focused on the impeachment defense of presenting evidence of the alleged election irregularities to the senate during the impeachment trial as i explain in my previous article president trump must immediately file a declaratory judgment action to vindicate himself and put an end to the election controversy and new impeachment http puzo1 blogspot com 2021 01 president trump must immediately file html if the election in the six or seven contested states can be shown to be invalid then president trump did not lie to the american people and his speech is protected by the first amendment such a showing would destroy the factual predicate of the article of impeachment but trump bringing his case to the senate rather than first to a court of law is a grave error as i explained in my article trump needs the declaratory judgment action against the house of representatives and congress as a whole to be able to establish what are the facts regarding the election in the six or seven contested states and what was his role concerning the capitol invasion of january 6 2021 the problem with having in the first instance the trial of those issues in the senate is that trump would not have the same due process rights in the senate that he would have in a court of law he needs to exercise those due process rights so that he can later demonstrate in the senate that he did not commit any high crime or misdemeanor an impeachment trial in the senate does not afford trump the same due process rights he would have in a court of law as we witnessed in president trump s first impeachm...