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Could An Impeached Judge Sit As Chairman of the Intelligence Committee?

If the Democrats were to retake the House in November is it possible that a disgraced, impeached former judge could sit as head of the Intelligence Committee? Patrick Hynes says there is a real possibility of it.

Cross-posted at Wizbang Politics.

Comments (9)

Oh, dear God!!!How... (Below threshold)

Oh, dear God!!!

How can this woman ever again utter the phrase "Republican Culture of Corruption" with a straight face???

Let's see: Alcee Hastings, Chairman of intelligence; Charles Rangell, Chairman of Ways and Means; John Conyers Chairman of Judiciary (and empowered to realize his dream of Bush's Impeachment at any cost)... three of the most important and powerful committees in the House, three raving moonbats from the DBC!

This is like some sort of comedy sketch, except that it may all be real! Heaven help us all if these goofs ever really do win!

Yeah, but don't forget, it'... (Below threshold)

Yeah, but don't forget, it's the Republicans who have a "culture of corruption."

If it happens, you can than... (Below threshold)
USMC Pilot:

If it happens, you can thank the "the republicans have betrayed us and I'm not going to vote" crowd.

One of the many serious cha... (Below threshold)

One of the many serious charges that were proven in Hastings' impeachment was that he LEAKED CONFIDENTIAL INFORMATION - yeah, right, this is JUST the guy we need on the INTELLIGENCE COMMITTEE.

I now believe that Nancy Pelosi is clinically INSANE!

I have sent her an e-mail telling her how despicable this idea truly is - I suggest others do the same. Let her know that she isn't operating in the shadows with this crap.


As an impeached former judg... (Below threshold)

As an impeached former judge (whose offense was far more serious even than Jefferson's), Alcee Hastings could (and should) have been denied his seat in the House. Under the Constitution, just because someone wins an election doesn't guarantee they'll be allowed to serve -- each House has the right to refuse to seat someone.

In Hastings' case they had ample grounds, but the then-Dem-controlled House of Representatives welcomed him in.

"Republican culture of corruption" my @$$.

How pathetic can they get?<... (Below threshold)

How pathetic can they get?

"Could an impeached judg... (Below threshold)

"Could an impeached judge sit as chairman of the intelligence committee?"

Only if their really is a "culture of corruption"

McGehee:Actually, ... (Below threshold)


Actually, according to Powell v. McCormack, each House doesn't have the right to refuse to seat its members. According to that decision, a house of Congress can only refuse to seat a member if they determine that the member is not constitutionally qualified or that the member was not properly elected. (I was actually quite shocked when I first heard about this case, which strikes me as yet another Warren Court judicial usurpation.)

As far as Hastings goes, the House could only have refused to seat him if it was determined that Hastings' punishment for his impeachment and conviction wasn't limited to simple removal but extended to the maximum "disqualification to hold and enjoy any office of honor, trust or profit under the United States" and that the position of Representative was such an office. (Legislators and officers are disjoint classes in constitutional law.)

If Hastings could not have been barred from his seat, the House could still have expelled him, but that would have required a 2/3 supermajority, not the simple majority needed for exclusion.

(The House could have expelled Hastings, but that would have required a 2/3 supermajority.)

COULD THE SUN RISE TOMOR... (Below threshold)







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