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Fox News legal analyst bucks his network and lays out why Trump’s attack on impeachment is bogus

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Judge Andrew Napolitano has been one of the political wild cards at Fox News: like his colleague Chris Wallace — but unlike so many others at the right-wing cable news outlet — Napolitano doesn’t see it as his job to reflexively defend everything President Donald Trump says and does. And Napolitano, in an op-ed published on Fox News’ website this week, takes issue with Trump’s assertions that his impeachment trial in the U.S. Senate is a “hoax.”

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“His trial is not a charade or a joke or a hoax,” the libertarian judge emphasizes. “It is deadly serious business based on well-established constitutional norms.”

Trump, Napolitano notes, was indicted by the U.S. House of Representatives on two articles of impeachment: one for abuse of power, the other for obstruction of Congress.

“The abuse consists of his efforts to extract a personal political ‘favor’ from the president of Ukraine as a pre-condition to the delivery of $391 million in military aid,” Napolitano notes. “The favor he wanted was an announcement of a Ukrainian investigation of former Vice President Joseph R. Biden and his son, Hunter.”

Napolitano poses a question: “did Trump act criminally?” But he goes on to explain that in the U.S. Constitution, the phrase “high crimes and misdemeanors” as used by the Founder Fathers isn’t actually a reference to criminal law.

“The Constitution prescribes the bases for impeachment as treason, bribery or other high crimes and misdemeanors,” Napolitano points out. “However, this use of the word ‘crimes’ does not refer to violations of federal criminal statutes. It refers to behavior that is so destructive of the constitutional order that it is the moral equivalent of statutory crimes.”

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Napolitano elaborates on his point, writing, “If the president moved to Russia and ran the executive branch from there, or if he announced that Roman Catholics were unfit for office, he would not have committed any crimes. Yet surely, these acts would be impeachable because, when done by the president, they are the moral equivalent of crimes and are so far removed from constitutional norms as to be impeachable.”

The judge concludes his op-ed by with an assertion that is seldom expressed at Fox News: there is plenty of “evidence” that Trump committed “high crimes and misdemeanors” as described in the U.S. Constitution.

“What is required for removal of the president?” Napolitano writes. “A demonstration of presidential commission of high crimes and misdemeanors, of which in Trump’s case, the evidence is ample and uncontradicted.”

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2020 Election

Here are 3 winners and 3 losers from the 2020 Democratic presidential primary debate

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Former New York Mayor Michael Bloomberg joined the other leading Democratic presidential primary candidates Wednesday night in the fieriest evening of the race so far.

His presence on the stage drew fire from the other candidates, but it also seemed to change the overall tone of the debate, with more attacks, counter-attacks, and passion than was generally seen earlier in the campaign.

Here’s a (necessarily subjective!) list of the winners and losers from the fray:

Winners

Sen. Elizabeth Warren (D-MA) — Warren hit her stride right as the debate started by attacking Bloomberg for his record on the mistreatment of women, racist policies, and his tax returns. She repeatedly came back to skewer the former mayor, making herself the biggest and most notable presence in the debate. But importantly, she also continuously brought the discussion back to the issues she cares about — like expanding health care, environmental justice,  and consumer protection — while getting in digs at the other candidates on the stage.

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2020 Election

US Democratic rivals trade pre-debate shots as Bloomberg faces major test

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Sparring between Mike Bloomberg and the leading Democratic candidates erupted hours before Wednesday night’s debate, previewing what’s expected to be a tense night as the billionaire businessman meets his rivals onstage for the first time.

Both Bernie Sanders’ and Joe Biden’s campaigns took aim at Bloomberg, the former raising questions about the 78-year-old’s health and the latter pointing out reversals in Bloomberg’s stances on key issues.

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2020 Election

Will Wednesday’s debate finally prove that Bloomberg is not Batman?

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After months of highly repetitive Democratic primary debates that, with pointless inevitability, turn into tedious squabbles over different health care plans that will never actually be passed in their proposed forms, there's finally going to be some real tension going into a debate again. That's because information billionaire and former New York City mayor Mike Bloomberg is expected to show up tonight in Las Vegas, having purchased his way into the debate by infusing the airwaves and our very bloodstreams with a series of ads that are as inspiring as Bloomberg the man is not.

This article was originally published at Salon

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