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What Will the Dems Do with Their New House?
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The Democratic Party has won control of the House of Representatives. Its members effectively will be able to block all legislation that the Senate passes and the president wants. They also will be able to unleash their subpoena power mercilessly on the executive branch. Will the members of the new majority view their victory primarily as an opportunity to legislate or as a chance to investigate?

Here is the back story.

Part of the genius of our system of government is the concept of checks and balances. The two houses of Congress write the laws, and the president enforces them. Each person in the legislative branch and the president were elected by the voters, and it is their duty to exercise their judgment as they believe the voters who put them in office would want it exercised. But all legislation requires the consent of both houses.

The courts exist to resolve disputes irrespective of the wishes of voters, to interpret the Constitution and the laws as they were written, and to protect the natural and constitutional rights of everyone in America from infringement by the Congress or the president or the states.

When one political party controls the Congress and the presidency — particularly a hyperactive in-your-face presidency as we have today — and it enacts its political agenda into law, the minority party is often ignored. This happened in 2010 when a Democratic Congress passed the Affordable Care Act — Obamacare — with no Republican votes, and it happened again last year when the current Congress passed President Donald Trump’s so-called tax cuts with only Republican support. (I say “so-called” because for millions of folks in high-tax states where the president lacks political support, such as my home state of New Jersey, the Trump tax cuts will actually raise taxes.)

The effect of all this is a wish by Republicans to undo Obamacare, something they have tried to accomplish dozens of times even though parts of it are popular, and a wish by Democrats to undo the new tax law even though many folks represented in Congress by Democrats will experience a tax cut.

But this should not be. If laws were written with bipartisan support, if politicians in both parties had a say in the process and a stake in the outcome, if people all across the board politically and ideologically could find some comfort in some aspect of nearly all major legislation, there would be greater respect for law and an ability to rely on its permanence.

The in-your-face presidency has heretofore rejected compromise with Democrats and verbally abused them and fostered legislation that stings them.

Until now.

Now we have the correction that Democrats predicted. Now we will have divided government. Now the Republicans are dominant in only one house of Congress. Now the president will have no choice but to reach across the aisle to those in the House he has branded as “evil” and work with them. In theory, the second half of President Trump’s present term should be marked by compromise and inclusion rather than take-it-or-leave-it alienation.

On which style of governing will history smile?

The answer to that question depends largely on the House Democrats. In the campaign preceding their takeover of the House, they cautiously and successfully avoided even mentioning the potential impeachment of President Trump. Yet Rep. Jerrold Nadler, D-N.Y., the incoming chairman of the House Judiciary Committee — the place where impeachment would originate — indicated last month that the committee will most likely consider impeachment of the president in January.

The House Judiciary Committee will focus on whether Trump fired FBI Director James Comey because Comey declined to go easy on Mike Flynn — the president’s friend and national security adviser — as Comey has said the president demanded. The alleged crime is attempted obstruction of justice, which Democrats will argue the president committed by interfering with a federal criminal investigation for venal — i.e., dishonest or self-protective — purposes. They will probably call Deputy Attorney General Rod Rosenstein as a witness and extract from him his belief that there was no legitimate governmental purpose served by the Comey firing and that it was done for the reasons Trump told Lester Holt of

NBC News — because Comey would not shut down the Flynn investigation.

The House Intelligence Committee will most likely reopen that committee’s investigation of the 87 communications that the Trump campaign had in 2016 with Russians, many of whom were agents for the Russian government. This has barely been addressed by the current House Intelligence Committee. Look for that committee to interrogate publicly Rosenstein, former Trump campaign manager Paul Manafort and former deputy campaign manager Rick Gates. The House Democrats hope this will be a shadow investigation of special counsel Robert Mueller’s investigation, without the special counsel’s required secrecy.

The House Oversight and Government Reform Committee will begin to examine the monies that the president and his family have earned as a result of foreign diplomats staying at hotels the Trump Organization manages — it doesn’t outright own them — in Washington and New York. This will include a review of the heretofore elusive Trump corporate and individual income tax returns.

This, too, will be a shadow investigation to two litigations brought by members of Congress and others against the president personally that allege that Trump has violated the Emoluments Clause of the Constitution. That clause prohibits a president from receiving anything of value from a foreign head of state during his time in office. Look for Michael Cohen — Trump’s former personal lawyer — and Trump’s personal and corporate accountants to testify on this.

Do the Democrats really think the country wants to go through all of this? Will the Democrats use their takeover of the House to work with President Trump or to wreck his presidency? Will the politically wounded president find within him any self-restraint and willingness to compromise? Might there be a silver lining to Trump’s midterm dark cloud?

Copyright 2018 Andrew P. Napolitano. Distributed by

• Category: Ideology • Tags: 2018 Election, Democratic Party, Donald Trump 
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  1. Trump will continue to appoint judges. But neither side will accomplish anything legislatively.

    The Democrat’s focus on destroying Trump will not change. But Trump will not be content to play defense only. As soon as it was politically possible, the first day after the midterms, he fired Jeff Sessions and bypassed RosinJew. Now he can go after Mueller. If Trump gets an honest AG it could be the Democrats playing defense.

    • Replies: @Texas Sweetie
  2. Nothing that a politicized IRS and FBI can’t handle.

  3. anonymous[340] • Disclaimer says:

    I used to occasionally watch his TV bits on YouTube and think of him as an exceptional voice of truth. But Mr. Napolitano since last November has revealed himself here at The Unz Review as an Establishment tool, robed as a guardian of Constitutional and natural rights that he defends in the abstract or carefully selected applications.

    Read what he’s written about RussiaGate, etc., in the light of my and others’ critical comments and you’ll see the slippery, artful language. Another thing that will come through is his sycophancy for the priestly (legal) class of Washington.

    {preceding cut & pasted from my comment on 9/20/18}

    Today, after another cliché serving of Three Branches Baloney, “Judge” revives some of the kaleidoscopic process crime and other gotcha stuff. But he then foreshadows a House that’s now carrying the flag of Team Blue rising above partisanship by using only enough of the supposed dirt to force President Trump “to reach across the aisle” and work together to govern America (and the Empire) in the best interests of the people. Having just spoken on Tuesday, everyone outside the Beltway is now supposed to shut up and stay tuned to the puppet show. “Part of the genius of our system of government is the concept of checks and balances.” Thus spake the Founders, amen.

    “Freedom Watcher”? Mr. Napolitano worships and serves Washington.

    • Replies: @Jim Christian
  4. “They will probably call Deputy Attorney General Rod Rosenstein as a witness and extract from him his belief that there was no legitimate governmental purpose served by the Comey firing and that it was done for the reasons Trump told Lester Holt of…”

    Huh??? Have I entered an alternative universe where Rosenstein did not write a letter recommending that Comey be fired for good reasons?

    Judge Napolitano seems way too smart to “accidentally overlook” this rather important fact.

    It’s enough to drive one into the kitchen and get out the tin (aluminum) foil.

    • Replies: @anonymous
  5. anonymous[340] • Disclaimer says:

    Mr. Napolitano has been lying about the whole thing for a year.

  6. nickels says:

    Part of the genius of our system of government is the concept of checks and balances

    Actually, the genius of all parliamentary governments is to stall the will of the executor in mindless squabbles, so that the financial powers of the Oligarchy rule supreme, over the will of the people.
    Its been that way since the English civil war.

    The courts exist to resolve disputes irrespective of the wishes of voters, to interpret the Constitution and the laws as they were written

    Partially right; the courts belong so the aristocracy (Oligarchy) can overturn the will of the people, in that dreaded case that they are actually able to get something through the parliamentary swamp. The constitution is meaningless in the hands of Talmudic lawyers, who can bend its meaning to anything they want.

    Time to return to autocracy and then monarchy.

    • Replies: @dc.sunsets
  7. Our Donald doesn’t seem to be cowed by the new coalition. He’s comin out swinging… hinting AGAIN of declassifying damning evidence of a coup attempt by the former president, ABC agencies, the DNC and the Clinton/Bush machine in DC.

    Sounds like a plan. It’s obvious the FISA warrant was bogus. It’s obvious the FBI and CIA were compromised… imagine that….

    I love the long term damage to the spooks who deserve to be perp walked and locked in a cage with a roomie named Dushane.

    Let the games begin!! I am loving this… and it keeps congress from doing anything “productive”

  8. And another thing…. Napolitano and Gowdy opined early on that it was more important to “save and protect” the reputation of the FBI, CIA and NSA …. than obtain justice for a rogue president.

    Short term pain… long term gain….

    Each of the above and others – in and out of the administration – are “cautioning” the president against “harming our reputation “abroad”…. as though the world believes we are some beacon of justice and truth.. har har.

    The game I see being played is all behind the scenes … Trump DC team trying to stave off an international embarrassment and national crisis of enormous proportions….. pleading with DC heavyweights – that Trump is a madman – cannot be reasoned with… that he wants Justice – that Americans deserve to know Obama and his administration were guilty of TREASON…..

    So deals will be made. AGAIN nobody goes to jail…. nobody pays…. everybody agrees to “clean up” the offending agencies… save them from ruin… that they may continue to entrap, bankrupt, and destroy targets with impunity…. planting evidence, orchestrating false flags… pretty much business as usual after a few fall guys lose their job … and probably keep their pensions and perks.

    Much of this depends on how much dirty laundry our Donald is hiding. My instincts tell me he was vetted pretty well by his handlers in Tel Aviv and the MIC …. knowing that his style and bombast would generate at least this level of push back, assassination attempts, and the ruination of any and all who joined the administration. Trump knew this was coming, and so did his backers.

    So I think he’s holding many if not all the face cards. I suspect he will target the most egregious players and cut a deal to get what he wants. Unfortunately, I think the Obola virus and wife Mike escape with their cushy benefits package.

    There is some hope that the Clinton’s are so reviled by the Bernie Bots … that there may be some appetite to take them out… the problem is ALL THE DONORS are subject to claw back taxes and penalties should Charles Ortel’s scenario play out…. too many billionaires at risk

    My money sez Clinton’s skate on Foundation corruption …. but at a VERY HIGH PRICE.

    I think our Donald gets what he wants…absolute tyranny over the Supremes for a generation – the WALL, end to chain migration, break up of social media demons…. and 2020

    • Replies: @Authenticjazzman
  9. @nickels

    Time to return to autocracy and then monarchy.

    Preferably with a long pause in aristocracy, the natural kind.

    I’m tired of being lied to. I’m a serf. You are a serf. Stop shining me on, lying that this or ANY political system responds to those at MY level of the organization. I was born in the day, but not yesterday.

    Hans Hermann Hoppe was correct. Democracy is a complete and total sham, and in the age of Identity Politics where one side is openly importing an army of foreign mercenaries who almost 100% vote that side’s way, democracy is nothing but a headcount.

    If Pelosi et. al. were importing a literal army to stage a violent coup d’eta, exactly what would look different than what THEY ARE DOING? It ends the same.

    Heritage America will survive only if its Fifth Columnists are essentially exterminated. The path to do this without actual killings is via autocracy. That’s where we’re headed, after a major crisis.

  10. TG says:

    Wrong. We don’t have a divided government. Our government is unified and completely supports the following policies:

    – Spending trillions on pointless winless foreign wars so politically connected sense contractors can make bundles of cash.
    – Spending tens of trillions of dollars (that is not a misprint) subsidizing Wall Street. Forget TARP: for one example, the government lends Wall Street unlimited cash at near zero percent interest, meaning that the average person gets zero percent interest on their personal savings – but little people don’t pay zero percent interest when they borrow, now do they?
    – A cheap-labor open-borders immigration policy aimed at flooding the labor market by any means necessary, so wages can be help down and profits up. Forget Trump’s rhetoric: both illegal and legal immigration rates are setting records.
    – No national health insurance policy. No regulation of out-of-control pharmaceutical prices.

    I could go on. Our government is united and capable of rapid and decisive action when the elites want something. All else is political theater.

  11. KenH says:

    The in-your-face presidency has heretofore rejected compromise with Democrats and verbally abused them and fostered legislation that stings them.

    It’s almost impossible for you to be objective and fair towards president Trump. The “in your face” and
    “unable to compromise” president also courted Nancy Pelosi and Chuck U Schumer to strike a compromise on immigration in 2017. Trump offered a pathway to citizenship for up to two million so called DACA kiddies in exchange for a wall which alienated a large part of his base but the “reasonable” Dems rejected it out of hand and never had any intention of working out a deal for the good of the nation.

    In fact, to date the Democrats have refused to work with Republicans or president Trump on anything. With the left wing fanatics of the Democrat party, it’s either their way or the highway while their fake news media and now judge nappy paint them as the reasonable ones.

    I fail to see how the alleged 87 communications by Trump with Russians proves anything given that relations with Russia are at their lowest point ever since the cold war, so it’s obvious Trump isn’t colluding with Russia as claimed and in fact has converted to radical neoconservatism since his election.

  12. @anonymous

    “Freedom Watcher”? Mr. Napolitanostein worships and serves Washington.

    Fixed that for you. The “Judge” frequents DC. He has to sell out because it’s lonely if you don’t do the system’s bidding on FoxNews. No cocktail parties, no speeches for money, no love. Take note, no one interrupts his dinner or camps out on HIS lawn.

    • Replies: @KenH
  13. Zach says:

    Tom Steyer paid the Democrats to impeach Trump and he expects them to do it.

  14. @gustafus21

    ” Absolute tyranny over the Supremes for a generation”

    So having leftists on the high court in the majority is fine with you and does not constitute a “tyranny”?

    Look you German know-it-alls : “deutsche Besserwisser” have caused enough strife and mayhem on this planet for the next thousand years : “am deutschen Wesen soll die Welt genesen”, so why don’t you just shut the fuck up and keep your noses in your own affairs, such as with the German media demanding that the US alter it’s gun laws to match the totally restrictive German codes. and then the Germans demanding that the US abolish it’s electoral college, which was responsible for their “Liebling” HC losing the election.
    Apparently the psychotic Krauts think that they did in fact win the War, and they are entitled to determine US internal policy: WC’s “Boots or throat” axiom is in fact still as pertinent as ever.

    Regarding AN : the only reason why such nit-wits prevail is because the US is permeated with the German mind-set of authority worship, otherwise such shit-talking morons would blanketly rejected

    Authenticjazzman “Mensa” qualified since 1973, airborne trained US Army vet, and pro Jazz musician : last gig sunday past.

  15. Hey Judge, this one didn’t pass the smell test. Rosenstein recommended firing Comey in writing.

    The Democrats will behave exactly as they have up until now. They boxed themselves in as the party of hate on white men.

    It was the party of slavery, of Jim Crow and segregation in the past. So it should come as no surprise they just have a different group to dehumanize and abuse now.

  16. KenH says:
    @Jim Christian

    Take note, no one interrupts his dinner or camps out on HIS lawn.

    Yeah, funny that!

    • Replies: @Jim Christian
  17. Part of the genius of our system of government is the concept of checks and balances.

    The three branches are supposed to be separate but equal but when the judiciary can declare acts by the other two branches as unconditional, they are not equal.

    Trump is the man who has the cojones to declare decisions taken by the SCOTUS Unconstitutional but he has no advisors telling his that truth and so The SCOTUS will remain more equal than others.

    IF Trump declared decisions taken by the SCOTUS Unconstitutional or declared legislation approved by the House/Senate Unconstitutional those arguments would then have to be addressed and answered during the next round of elections which would mean WE THE PEOPLE, via the franchise, would be deciding what the Constitution means and that is who the constitution was written for – not a bunch of epicene grads from Ivy League Colleges.

  18. alexander says:

    Dear Judge,

    Where is the moral difference between the “mass murder of eleven innocent people” at the hands of Mr. Bowers in Sugar Hill , and the mass murder of thousands of innocent Iraqi’s who never attacked us and were never planning to ?

    What do we teach our children about that ?

    How will our history books articulate the distinction ?

    Can Mr. Bowers now plead to the judge he made a “mistake”…that he just had phony “intel” too…and walk on home ?

    Can every “mass murderer” from here on in, do the same ?

    What are we to say when we pull back the curtain , and take a long hard look at what we have been doing in the name of our war making “exceptionalism” ?

    If we don’t see the face of Mr Bowers there ….what do we see ?

    Does it matter at all who controls the House or Senate,which Judges are picked and which are not, when this issue, as a matter of policy, is left wholly unaddressed ?

    Once a nation has been deceived, in whole or part, into committing the supreme crime of “war of aggression” what becomes of us ?

    How do we acquit ourselves ?

    Where is it we find the mirror of decency reflected back to the electorate, except through deception ?

    How can a nation ever seek to reclaim itself or rebirth itself , while it continues to collapse into the 22 trillion dollar sink hole of ,morally depraved, endless war ?

    • Replies: @anonymous
  19. anonymous[340] • Disclaimer says:

    Shhhh! You’re disrupting the puppet show!

  20. The dimocrats can hold all the hearings they want. They don’t get to do real criminal investigations and prosecutions. If Trump gets the right AG he can probably put away half the dimocrats on and off the Hill and do it with one heck of a lot of publicity. Suggested starting points: the Clinton/Obama Uranium One scandal, Debby Wasserman-Schultz on YouTube openly committing multiple felonious violations of the USC, the Awan scandals that she was trying to coverup, the collusion within the DNC and between the DNC and various Obama agencies to try and derail first Bernie Sanders’s and then Trump’s election campaign, the collusion of the DNC with various deep state agencies and Britain’s MI6 in furtherance of these goals, etc., etc. Investigation of these would benefit the American public and do real, possibly irreparable damage to dimocrats. I expect that some behind the scenes horse trading will prevent this and cool the jets of the crazier dimocrats, e.g., Nadler and Waters.

    There are important non-partisan issues that Trump and a dimocrat Congress could address. These include a long-range plan for restoring the country’s infrastructure and extricating us from our many dangerous foreign entanglements and wars. Unfortunately, with regard to the latter issue all the major politicians in this country, Trump included, are in thrall to Israel and the fifth-column Zionists and their neocon spawn who infest every corner of our government and major institutions.

    • Replies: @Authenticjazzman
  21. @Jus' Sayin'...

    It will never happen as long as the spineless Republicans remain terrified of the horrific superhuman “Wrath” of the BC/HC/BO clique, and they are consumed with visions of GS’s “antifa” armies rampaging through the cities and burning them to the ground.

    As long as the gutless Republicans hold on to these self-created irrational fears, and remain terrified of the “race card”, instead of confronting and dealing with the situation, and finally coming to the realization that the BC/HC/BO/GS, clique are not a conglomerate of otherworldly “ubermenschen”, rather a grouping of cowardly BSers, things will not change, rather worsen.


  22. @KenH

    It was a trendy thing to be on Nixon’s enemies list. But you don’t want to be on the Left’s enemies list. Even the old Italian Mafiosi left the families and children out of their ‘disputes’, and those were happier days.

  23. @WorkingClass

    When all is said and done what remains is this: Pres. Trump has managed to KEEP the Supreme court in His purview. The DEMS can do whatever they want re impeachment but that doesn’t necessarily mean that it will happen – or should. He was elected and our constitution makes clear on what basis a president can be impeached: Treason, Bribery or other high crimes and Misdemeanors…and just to set the record straight: removal from office requires conviction…and that is where the anti-Trumpers will run into problems. Gotta have proof. How in the world does Anyone prove ‘Misdemeanors’…which is a subjective word (meaning subject to interpretation)?

    2019 will be a busy year with the Supremes being kept inordinately busy bees to say the least.

    • Replies: @anonymous
  24. anonymous[340] • Disclaimer says:
    @Texas Sweetie

    Why do you (apparently) believe that the Court would have any role to play in the conduct, exercise, or review of an impeachment by the House or trial in the Senate?

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