Good afternoon I'm Nikki Medoro And this news update sponsored by a buy a business phone lines are trusted by 1000000 users a fire near 3rd and San Fernando streets in San Jose may still have roads closed in the area Acadia listener called in to say the 88 condos and San Jose fire tweeted that it started as a fire in a trash chute and advises drivers to use an alternate route officials are trying to find out how to men charged with murder were able to escape from a Salinas jail the Monterey County Sheriff's Office warned the fugitive should be considered armed and dangerous Authorities say 21 year old Santos one second and 20 year old Jonathan Salazar had been behind bars since 2018 and were awaiting trial on murder counts and numerous other felony charges in separate cases the former ambassador to Ukraine says she felt threatened when president trying criticized her during his July 25th phone call with Ukraine's president Here's correspondent Linda Kenney on in the newly released transcript of her testimony before a House impeachment investigators Marie Yvonne of it was asked what she thought about the president calling her bad news she responded I was shocked I mean I was very surprised the President Trump would 1st of all that I would feature prominently in the presidential phone call but secondly that the president would speak about me or any ambassador in that way to a foreign counterpart investigators are looking into whether Trump pressured the Ukrainian leader to investigate political rival Joe Biden in exchange for the release of Congressionally approved military aide Linda Kenyon Washington Facebook c.e.o. Mark Zuckerberg is on the outs with Democrats in Washington where bipartisan hostility against the social media giant has been building for months with a 2020 election approaching Democrats especially are homing in on base bucks conduct and its refusal to fact check political ads every move false ones Zuckerberg says it's important people can see for themselves what politicians are saying you're stuck in traffic but your business doesn't have to be get in a buy a business phone line in as little as 5 minutes. Plan started $12.00 but your business in the express lane is an 8 by 8 dot com for your free 30 day trial and mark me at I will be checking the road starting out on Highway 99. This year and. Into the day for the day after that. What do you believe it takes to be retirement ready these days having the right kind of investments creating a sustainable income stream reducing risk it's all of the above and. Welcome to all we're financials 7 personal decision points one figure out how much of your pre-retirement income needs to be replaced to eliminate or at least lower your debt 3 make preemptive tax planning a priority for choose an investment strategy that maximizes returns preserving principal. Potential risks 6. Plan to protect your legacy 7 design a distribution. Your income sources interested in a more thorough explanation 7 personal decision points for free. Financial retired better. Hefty delays in the Central Valley. Allow extra time or maybe take. You've got delays as well and. Work at Idlewild in the right lane and the back of now north. Also still a bit sluggish heading into. The Berkeley Emeryville area from the university to about Powell northbound want to but also delays as you approach the airport right around. 3rd Avenue it slows again. And then again in South San Francisco it is backed up to about mid Lotter so metering light still on though at the Bay Bridge you deserve a mattress I worked as hard as you do now is the perfect time to purchase that matters during man Seanie sleep world's largest metro sale ever save up to $1300.00 on a special edition Sealy mattress Shop Online dot com or any one of their $33.00 locations today very nice outside today sunny and mild temperatures in the low seventy's eighty's and a lot of this temperature spread pretty much for the next 7 days I'm making a everybody see me here I'm excited for you to see my brand new movie ready for the hottest family comedy of the year. Are you doing your Lexapro it's a club play with fire. And we're hosting a new show called Think about this I didn't know that until. You let Shelly and Ross help you survive the disruption I cannot be the only one that doesn't know that. Just think about this. For the Westwood One podcast network where the conversation starts. With Dr Sanjay Gupta owning a dog to not only keep you happy but can keep you healthy. Medical correspondent I love dogs and I've done a lot of reporting over the years about the health benefits of having a pet I can tell you firsthand what my dogs have done for me but instead let me tell you about a study that just came out of the Mayo Clinic research. Using the American Heart Association ideal health behaviors and factors. Life's simple. Physical activity smoking status blood pressure. And total cholesterol what they found especially a dog can help you in all these areas and not only were pet owners more physically active but dog owners actually had healthier diets than people who are kinds of pets so I guess what they should say is that dogs are your heart's best friend. Live a better life. This is the path. I hope you had a lovely weekend I don't guess I do hope you had a wonderful weekend nice relaxing weekend. Now and what we're starting with is. Jr He is a specialist in impeachment law and history wrote the book The 1st impeachment the Constitution's framers and the case of Senator William Blount and Dr Melton joins us on the path Dr Melton thank you so much for being with us today thank you for having me I am so happy to have you you know there's so many questions all of us are constantly asking about impeachment and the process and there's so little in way of precedent there are the judges all those judges who were impeached by presidential impeachment you know we're kind of we're kind of wondering how much latitude does the House have how much latitude does the Senate have how much involvement can the courts have what is precedent actually mean and so I was delighted that you wrote this story about the really the 1st impeachment and this was Senator Blount can you tell us a little bit give us a thumbnail sketch of what were some of the important aspects of this process Well I think the most important aspect. The blunt impeachment is that many of the people who both wrote the Constitution and voted on it and voted to ratify it were involved at some level or another during They want impeachment which took place only 10 years after that so we can use this opportunity to to look into their brains and try to figure out what exactly they meant when they were writing the impeachment provisions and so let's move to that I mean one of the things I'm looking at an article you wrote also in the Atlantic and this and that was from this year from October this year and there's a paragraph where you say Imagine the following scenario on a Monday Congress learns that a high up government official has offered a quid pro quo to a foreign government asking it to interfere in domestic politics the House of Representatives immediately refers the matter to a committee without formally authorizing an impeachment investigation by Wednesday the committee recommends impeachment on Friday without calling any witnesses reviewing any additional evidence or giving the official in question any formal notice or chance for a hearing the House votes to impeach him to top it all off the House has not even begun to draft much less voted on any formal charges in fact it doesn't adopt articles of impeachment for another 6 months and this is what happened in the Blount impeachment that's about the size of it it was following an older English tradition both of course only good m.p.h. Not from English law of hundreds of years earlier called impeachment clamor the idea that something is just so serious and so notorious that we don't even need to take time to deliberate on it let's just rise up in a clamor and say we impeach this person and that's exactly the way they did it and the blunt impeachment and for the following century a day followed that pattern of impeaching 1st and then figuring out why afterwards . Where does is like the best way to go and you do. I doubt that the years have more refined the process and that there is now some president to rely upon how important is that President in impeachment today it depends on who you ask You can take the very cynical view that Gerald Ford did before he was president while he was in the House of Representatives and he said that an impeachable offense is whatever the House votes to impeach on and whatever 2 thirds of the Senate votes to convict for and the same is true to a degree of the procedures that the 2 chambers follow so if you look at it that way precedent doesn't have much value at all on the other hand the Constitution does speak at least when you get to the Senate in terms of judgment and conviction and trial and these things sound judicial and the idea of judicial is that precedent does control. I want to get to that in just a minute but haven't always Pietschmann spend different from one another particularly Indian national investigation and I'm specifically talking about presidential impeachment Ken Starr for example had a grand jury right yes yes you see with the Johnson impeachment and or Johnson with impeachment it was obviously extremely politicized and there were 11 articles of impeachment and most of them revolved around a single statute that was probably not constitutional anyway then of course you had the near impeachment of Richard Nixon and that one was probably the least partisan and it was taken very seriously injured Additionally I think by most parties and of course there was judicial involvement and out and then we institutionalized the idea of the independent counsel with Kenneth Starr and his own outside investigations and a grand jury so the handful of precedents we have are all over the place they are all over the place now you mentioned judicial involved. And this is something that I'm I'm wondering about in particular what role do the courts play or should the court play when the Constitution clearly states that the House has the sole power of impeachment and the Senate has the sole power to try all impeachment swelled the highest actually 2 questions What role do they play and what role should they play in depending on who you ask You may get different answers to that there have been very few cases directly involving the impeachment powers there been many many tangential ones the only Supreme Court case was Nixon versus United States and this is Walter Nixon a federal judge no relation in the 19 ninety's who claimed that the Senate was not following proper procedure and the Supreme Court essential he took a hands off approach for all the lawyers out there listening to us of course decided it was a political question but if you read it carefully they did possibly leave the door open to the idea that if the Senate started behaving in a boy and really non-judicial fashion for instance just voting guilty without even trying to hear evidence that the courts might be able to come in in a circumstance such as that wasn't there also a court involvement concerning. Richard Nixon I'm not sure if that was the tapes or if that was if there was documents related Wasn't there some court intervention that said that yes the Congress does have the power to subpoena this information in its impeachment inquiry it wasn't so much the Congress as the special prosecutor at the time Leon Jaworski and this was the case of United States versus Nixon United States versus Richard Nixon and the case still not so much with impeachment but as executive privilege and the court did say there that the president and the executive branch do not have a blanket. Absolute immunity if there's a matter of national security involved or highly sensitive information then yes executive privilege does exist but if it's a matter of a domestic criminal investigation. That can quite possibly be pierced and that is a situation that we may be building up to in the next 2 weeks can Congress cite for contempt the president or his people if they refuse to come forward and in most cases they cite executive privilege or conflict between the 2 branches the executive and legislative Right exactly and that's what makes this so interesting that we have to acknowledge the but on written constitutional powers the president's power of executive privilege to withhold information and the power of Congress to punish for contempt if people are not forthcoming with the information that it needs to do its job have we always had that. The executive privilege is that something that is a fairly new phenomenon or has that existed throughout our history it has existed almost since the very beginning George Washington actually argued executive privilege or to be more precise his secretary of state at the time Thomas Jefferson came up with the idea and then when Jefferson himself became president he used it himself so even though you do not find anything clearly mentioning it in the Constitution it seems to have been taken for granted by the founders so recently a federal court has stated that the House impeachment investigations are judicial in nature and this you know comes back to the court this confuses me does that then say that the courts do have a role to play in impeachment and if so doesn't that run counter to the Constitution's language Well that's a very interesting one and the. Idea of judicial means that there's a rule of wall and it's not purely politics and not purely based on policy and I think what this court was getting at is that if we see impeachment as a judicial process been that process must extend due process notice an opportunity to be heard impartiality to whoever it's trying or whoever it's investigating and if it deviates too much from that then that's a classic case where the regular courts have typically gotten involved so the question is how far if it if push came to struck came to shove the Supreme Court or any federal court would be willing to do what they haven't been willing to do so far and stick their nose into this process so it makes its way to the Senate and if the trial begins the trial is presided over by the Chief Justice what role does the chief justice play in the impeachment in general terms he plays whatever role the Senate sees fit to give him the Constitution clearly requires that the chief justice will provide preside in a situation like that the current Senate rules a centrally allow him to make evidentiary rulings and to put questions to the parties that any senators may ask him to put but he is subject he is subject to being overruled by the Senate if they don't like the direction in which he rules so that's fascinating Yes So Ok so in in the event that the. The target of the impeachment I don't know if you call him a defendant or not but if the president is the person who is being impeached and tried now if he's in the Senate and if he is claiming that he doesn't have proper due process in the Senate couldn't the the presiding judge the chief judge. So the Supreme Court could he make a decision on that then and there and then stop any nonsense from happening with a challenge to the legality of the impeachment and conviction if that occurred after the fact well he could certainly make rulings once again if he wishes to make a ruling and then again if the Senate doesn't overrule him but we have to remember that the chief justice is not in and of himself the Supreme Court so let's let's say that he does make a ruling and if the Senate overrules buy out they convict prop or any president and then the president brings a lawsuit saying I've been denied fundamental due process the big question is What do the courts do without Who is the president even if we have an x. Expedited appeal that that happened to him just a week or 2 who is the president for those 2 weeks. And who makes the determination as to what is what constitutes due process in an impeachment proceeding because certainly is not going to be the same as the due process that's in any other like a criminal court proceeding is it well that's the interesting question there are very couple of issues wrapped up and that is impeachment a criminal process and if it's a criminal process then I would say the full rights of the 5th and 6th Amendment apply including the right to confront one's accusers and colluding anonymous whistleblowers if it's not a criminal trial maybe there is a little bit more leeway there. The nightmare scenario is and I'm talking talking hypothetically here are certainly hope it wouldn't happen but what if the Senate said we're we're too busy to try this thing we've got several people several senators here who want to get to Iowa and start campaigning so we're just going to hold a guilty vote without having any sort of trial process at all well that amounts to a bill of attainder or it might arguably amount to a bill of attainder which is. Simply passing a law punishing someone without any due process at all and that is clearly prohibited by the Constitution what if it's the opposite and if the articles are forwarded to the Senate from the House and the Senate says we're not going to take this up I think the Senate is probably at least constitutionally speaking on firmer ground there because the text of the Constitution says that the Senate has the sole power to prowl impeachment so it doesn't say that the Senate has the duty to try them so we could conceivably see the Senate do what the Senate Republicans did with persons on Obama's America Garland nomination to the Supreme Court a few years ago and just not take any action I think that the the check and that process would be these Republican senators would have to say story to the voters if they are in a competitive competitive states right yeah I think you're probably right Dr Melton hang on with the I got to take a commercial break I'm I'm just so happy to have you here because these questions are questions that have been you know floating around preying on people's minds and you're an expert here you are a specialist in impeachment law and history so we will come back and as a matter of fact I'd like to open up the phone lines to our listeners the telephone number is 808-0810 that's 415-808-0810 You're listening to. Their stint on k g o 810 it's Jamie progress is number one number 2 employee leave and I said Hey Jamie it's me Jamie this is your daily pep talk I know it's been rough going ever since people found out about your acapella group Matt harmony but you will bounce back I mean you're the guy always helping people find coverage options with a name your price tool it should be you've given me the pep talk now get out there get that high note and take Matt harmony all the way to nationals this. Is very good you look at the insurance company in the Phillies press coverage limited by saying. Dot com during a crisis. Listen to the radio we're not giving good communications here and your radio is the only one that's coming through. Generator and they've been running your program all their. Hard to have a good radio. Information 8088 need information listen. What do you believe it takes to be retirement ready these days having the right kind of investments creating a sustainable income stream reducing risk it's all of the above and more Welcome to all we're financials 7 personal decision points one figure out how much of your pre-retirement income needs to be replaced to eliminate or at least lower your debt 3 make preemptive tax planning a priority for choose an investment strategy that maximizes returns while preserving principle 5 assess potential risks 6 greed in a state plan to protect your legacy 7 design a distribution strategy that incorporates all your various income sources interested in a more thorough explanation download our 7 personal decision points guy for free at all we're Financial dot com all we're financial retired better we really get excited about that new thermostat smartphone or computer hey we like the technology so why not replace your roof with new technology the Armstrong activated phone roofing system not only keeps water out but performs by keeping you cooler in the summer and warmer in the winter visit Armstrong 1234 dot com for a free estimate or call toll free 855777 or 1234 license 2452. Unworn daily scrutiny may not be necessary yet but at the moment the mongoose poll indicates the top 3 are Sanders Warren and Biden and that compares with the models poll in June Sanders has ticked up 6 points or in 5 points and Biden dropped 13 points to remember we learned about polls 3 years ago our new n.b.c. News Survey Monkey poll puts Hillary Clinton up by 10 points over Donald Trump maybe they should given that Survey Monkey and other banana today's unreliable poll numbers brought to you by the John Roskam show 69 weeknights on page 79 all you have to do is point. 1800 got junk original unbiased fact based This is ground game with me true case he's Washington you're 2016 Donald Trump you won Ohio by a. Point is Ohio still this one's definitely yes it's the news you need from the ground up as America prepares to vote in the 2020 Alexion listen in subscribe to ground with me Julie Pace from the Westwood One cast where the conversation starts . Cup that person show we're making it easier for you to listen at home simply say Google. Once again here's bad Thursday. Going to. Pat Thurston and very happy my guest is here with us f. Melton Jr Dr Melton he's a specialist in impeachment law and history he wrote the book The 1st impeachment the Constitution's framers and the case of Senator William Blount which occurred early in our history I think it was 787 and that's vitally important to us because many people question what the founders had in mind well in this book The 1st impeachment you can see what they had in mind a by virtue of the process that they engaged in how they pursued the impeachment of Senator Blount let me bring on a listener with us right now Dr Melton this is. Matt is calling from Ignacio Matt welcome to k.g. All you're on with Dr Melton go ahead. Guys killer So my question is just how soon formally does impeach the president what would be the case. Donald Trump pardon himself in response to this impeachment. Well that's a wonderful question and of course the the question has arisen since Trump has made some interesting statements about pardoning during his presidency it's something that we've never really faced before and obviously but I would say that we would fall back on 1st principles and the idea of the founders and many people in English legal history of said that no man can be a judge in his own calls or in his own case because of the obvious obvious conflict of interest there the text of the Constitution doesn't put any such limit on the pardon power but I think the rule of reason would say that that couldn't be done and even if that is the case it is very clear we do have an express limitation on the Constitution that the president cannot issue pardons in case of impeachment so even if Trump could give himself a get out of jail free card as regards the impeachment or were guards to indictment he still could not save himself from being convicted if that's what the Senate wanted to do and those are federal pardons he couldn't score art on himself or hate crimes that were I maybe being investigated Ok short segment here Dr Melton So we're going to take another quick break and we'll come back with more time to talk 70 questions about the impeachment process that I'm interested in and our listeners as well the telephone number is 808-0810 that's 415-808-0810 my guest is Dr Dr Buckner Melton it's a great name by the way who is. Specialist impeachment and history his book The 1st impeachment I'm Pat there's 10 in this is. There's. A tad. To afternoon I'm Nikki Medoro there's news updates. Business phone lines trusted by 1000000 users a new study finds that for much of the United States invasive grasses species are making wildfires more frequent especially in fire prone California the study out of the University of Massachusetts found a dozen non-native grass species act like little arsonists catching fire because they get dried out so easily the nationwide study links the fire for links fire frequency but not size to invading grasses finds that wherever the common Mediterranean grass invades including California southern desert fires flare up 3 times more often and cheatgrass which covers about one 3rd of the intermountain west is a big time fire promoter The study is in today's journal Proceedings of the National Academy of Sciences and a large white supremacist in Colorado is accused of threatening to poison water pipes at a synagogue and use a Molotov cocktail to blow it up correspondent Josh Campbell says 27 year old Richard Holzer was arrested in a plot that was discovered by an undercover f.b.i. Employee during an investigation that involved Facebook conversations that he wanted to bomb a synagogue in Pueblo Colorado going so far as to conduct reconnaissance on the target he wanted to bomb it in the middle of the night asked by an undercover agent what if there were people inside he said I don't care if they die they are Jews the investigation into holes or began after an undercover f.b.i. Agent purporting to be a woman who supports white supremacy contacted him on Facebook and the home of the Big Mac. Has a new big man. Has details of a change at the top for the Golden Arches McDonald's stock has been struggling big time since July 15th 11 per. Since And now the company has announced it is firing c.e.o. Steve Easterbrook for violating company policy by having a relationship with an employee it's a jolt for the fast food giant as Easterbrook led a turnaround of McDonald's when he took over as c.e.o. In 2015 and solve a stock price nearly double by early this year but in recent months the company has had a shaky relationship with u.s. Franchisees McDonald's head of u.s. Business Chris Kim Chimpsky will become the new c.e.o. I'm Mark you're stuck in traffic but your business doesn't have to be get an 8 by 8 business phone line in as little as 5 minutes plan started $12.00 put your business in the express lane but the 8 by 8 dot com for your free 30 day trial and other check in the road. What do you believe it takes to be retirement ready these days having the right kind of investments creating a sustainable income stream reducing risk it's all of the above and. Welcome to all we're financials 7 personal decision points one figure out how much of your pre-retirement income needs to be replaced to eliminate or at least lower your debt 3 make preemptive tax planning a priority for choose an investment strategy that maximizes returns while preserving principal. Potential risks 6. Plan to protect your legacy 7 design a distribution strategy that incorporates all your various income sources interested in a more thorough explanation download our 7 personal decision points guide for free at. Financial retired better. Definitely have. Northbound 17 looks like it's around college and for that reason it's extremely heavy. Down slowing but no reason given by could be road work as well. Approaching Highway 13 crossing from the East Bay to the. Vehicle was spun around facing the wrong way this may be affecting the 2 left lanes. Just a little bit of slowing passing and again. Currently that is between Frans Valley Road in Calif and pine flat road in Healdsburg in the San Francisco green metering lights of the Bay Bridge from the fountains of to the iconic boxing ring at m.g.m. Grand m.g.m. Resorts has created some of the world's most iconic entertainment destinations because they have one goal to entertain the human race visit m.g.m. Resorts that come to book your Vegas getaway Welcome to the show and a pretty steady pattern weather wise for the next 7 days with temperatures mainly in the low seventy's to the low eighty's I mean we really get excited about that new thermostat smartphone or computer hey we like the technology so why not replace your roof with new technology Armstrong activated full roofing system not only keeps water out but performs year round by keeping you cooler in the summer and warmer in the winter visit Armstrong 1234 dot com for a free estimate toll free 557771234 license 245291 foreigner c.e.o. Of Quicken Loans 30 percent of Americans who are planning home improvements of $5000.00 or more will pay for those renovations with a high interest credit card that may not be a great idea a better idea may be to take cash out of your home with a Quicken Loans 30 year fixed rate mortgage the rate today are 30 year fixed rate mortgage is 3.99 percent a.p.r. 4.08 percent call us today at 800 Quicken or go to rocket mortgage dot com rates of exchange 1.25 percent b. Receive a discounted rate offer cause of commission and commissions. And 133 Hey everybody just see me here I'm excited for you to see my brand new movie playing with fire get ready for the hottest family comedy of the year. Are you doing your Lexapro it's a club play with fire really p.g. In theaters Friday tune in this Sunday 11 am till 12 noon on k g o 8 10 am for the purity product show where you'll learn about intelligent nutrition solutions that Sunday 11 till noon the purity product show on k g o. Dr Sanjay Gupta something important tell you about hormone replacement therapy and breast cancer. For quite some time we've known about a link between certain hormone replacement therapies and an increased risk of breast cancer according to the u.k. That increase risk persist for more than a decade the researchers found that risks increased the longer the hormone replacement therapy was used and were greater for estrogen progesterone versus estrogen. Panic. These findings should women off from taking the benefits such as protection of bones and decreasing cardiovascular risk. To put that in context she said a woman has a greater risk of developing breast cancer if she is overweight or obese as compared to taking a. Better Life. And. Simply saying. I'm. Dr Melton is a specialist in impeachment and history his book The 1st impeachment the Constitution's framers in the case of Senator William Blount is remarkable because what it does is and you know I did try to download it on Kendall it's not available but you can get a hard copy of the book what it does is it takes us through the process early in our nation's history when many people who wrote the Constitution are participants in this and so we can get an understanding of what they intended by what they put into the Constitution based upon an actual impeachment and how they proceeded with it I think it's absolutely fascinating and I'm so happy that Dr Miles. And as with us so Dr mountain we were talking earlier about. The process we're talking about is it too Disha Is it political can impeachment be a process that is a hybrid though that it's really neither a criminal proceeding nor a political proceeding entirely if the courts are being asked to render opinions only in certain aspects of the procedures like for example when congressional subpoenas in impeachment supersede claims abroad executive privilege Well yes exactly and there have been a couple of witnesses a couple or potential witnesses I should say have in fact filed lawsuits over the past week who have said we don't know what to do here the president is ordering us not to talk and Congress is ordering us to talk and we don't know where we stand and so sometime in the next few weeks and I would gather sooner rather than later we will see at least a federal district court make a ruling on this and I would not at all be surprised to see this get appealed on up to the Supreme Court right I wouldn't either have there in most impeachment cases and I'm including all of them including judges. Are usually the people who are the target of the impeachment are they cooperative with the investigation into the proceeding or do they try to you know go through as many hoops as they can to try to protect themselves from it well we have had something on the order of about 20 impeachment or serious efforts of impeachment over the past 200 plus years and most of those have been a federal judges and just as we said earlier in the So it's really all over the place in the case of a senator bought a sergeant at arms of the Senate was sent to try to arrest him he had escaped to his home state of Tennessee about point and blood just refused to come back that happened on it. East one other occasion that I know about on a 3rd occasion trial of a federal judge John Pickering the judge simply just did not show up at all for his impeachment and that did not stop the Senate from trying and convicting him a new absence when you get to presidents neither President Andrew Johnson nor President Clinton was was physically present for the trial although they did have lawyers present so it just depends on the era and on the particular defendant and Richard Milhous Nixon he did not he was not impeached because he resigned prior to that happening in the house right directly the House Judiciary Committee had approved 3 articles of impeachment and it was clear by that point to everyone that the votes were there for impeachment and that he would have been impeached and he almost certainly would have been convicted and at that point Nixon spared us a lot of agony and when I hadn't resigned let me ask you about the process itself word Donald Trump to be impeached in the house which is likely and then were he to be convicted in the Senate which is much less likely but if he were what is the process at that point in time is he at the point they they come if they convict him is he then immediately at that moment removed from office or do they take separate vote on whether he's to be removed from office and whether he is no longer able to hold a position of public trust well since as it has come down to us there really is no other penalty in impeachment except to remove with a slight exception that I'll mention in just a moment of 0 to convict I would argue and it typically has been in the past is automatically a vote to remove now the slight exception is the Senate does have the freedom. To impose the additional penalty and Babb would work why are probably an additional vote to disqualify the office holder from ever holding a federal office again so that is not automatic with a conviction that is correct that one is discretionary So normally you would see a 2nd vote on that one Ok now were that to happen conviction removal from office it sounds as if that removal would take place immediately would then the vice president be summoned to the chamber so that the chief justice who is currently there in Perth siding can immediately render the oath of office that is how I imagine that it would work I'm not sure that the current Senate rules address that directly and obviously we've never had a president impeached and convicted before so that would seem to make sense obviously we need to keep in mind too that the vice president normally serves as presiding officer of the Senate that's one reason why we have the chief justice presiding over presidential impeachment because otherwise the vice president would would would sort of have an interest in the situation but they are radically he would be there and that could be done rather quickly does he have a vote. I do not see that the vice president would be permitted to vote in that circumstance in normal circumstances and normal legislation the vice president can vote only to break a tie and here since once again there is a kind of a self interested situation or a conflict of interest. I'm not sure that that would be permitted so you need 2 thirds of the senators to vote to convict right that is correct and if it was one vote short of that 2 thirds they still wouldn't allow the vice president to render a vote most likely I doubt it and the in the Andrew Johnson impeachment there were all leaven or. Articles of impeachment and the one that was the closest fell short by exactly one vote so Johnson guitar got to keep his job but the vice president to my knowledge did not take any part in the deliberation or the or the outcome there is a host who comes on after I do who is very concerned about a couple of things that you know some of the things that President Trump has uttered also Michael Cohen When Michael Cohen was interviewed and he has morned people that President Trump has no. Has no intention of ever leaving office would result it out of office or whether he would be convicted he has no intention of leaving office what would happen if he simply said I'm not going well that's a that's the ground we get to a true constitutional crisis I think what would happen at that point is that if you've if there is no real challenge in the mind of the public or any reasonable person would say that there is nothing wrong with these proceedings and that the Senate behaved properly then I would I would hope that all federal officers would do their sworn duty and essentially Vic's the president from the White House now another scenario and once again we talked about it before I thought of the Senate said we don't like him we're going to without hearing evidence any evidence about him guilty. That's a much tougher situation and that's sort of what we had in the Andrew Johnson impeachment because Johnson was claiming all along this is an illegitimate Congress it is refused to do really seat all of the duly elected senators and representatives from the former Confederacy and that means whatever they do is illegitimate and that's sort of in the. Vein of what Cohen was talking about apparently that they're saying the whole thing is a kangaroo court Yeah but that's when things genuinely gets very scary Ok and I know the. You have post a solution to those things I'm going to get to that in just a minute let me grab a call from one of our listeners I've been dominating you this entire time not at all let's go to Bill he's calling from left out us Bill hi welcome to k.g. Oh you're on the Dr Melton go ahead. Thanks to Dr Milton I've kind of interested in the number of congressional subpoenas that have been ignored specifically I was looking at Eric Holder's when it happened and was it because Obama told him not to answer the subpoena what what exactly you know how does that work and how many have there been well there's been a great many subpoenas and some of the president's position the argument is that Congress is not the ball solve the executive that the idea of separation of powers they are truly independent powers and they are not supposed to answer to each other except as very specifically provided by the Constitution this is this is not a parliamentary system of government where the legislature can simply remove the President or throttle the president somehow by a vote of no confidence that's but it's not the situation we have so as it's grown up we have these 2 on written powers the the power of the executive branch not to divulge information that it considers to be damaging to the national interest versus Congress's ability to be able to do its job and get information but it needs in order to do that so I imagine it would not be at all surprised at this point to to see a clash of the Titans if you will Congress's contempt power versus the president's executive privilege power go all the way to discipline court I think that's probably what's going to happen and in a way I would like that to happen one of the things that I didn't hear you mention and I've heard with some of the arguments that have been brought by Republicans is that what the legislative branch the house is attempting to do is to. Glean information that they're not entitled to and the and they're not entitle to because it has no legislative purpose. On the other hand what the House has said is that they have oversight responsibilities of the executive branch and in order to fulfill those duties they need to be able to access certain information from the executive branch branch hence the subpoenas What are your thoughts on those 2 conflicting areas Well it is true that every executive branch agency we have was created by Congress in the ordinary acts of legislation and so in that sense Congress can then make that argument but the executive does have certain and here and powers and the place where the executive powers are frankly at their strongest or in matters of foreign affairs so there there's an argument to be made there is well I'm not sure if it's a a winning argument or not but we will just have to see I mean everybody has a different opinions and this is why we fret things out in a normal adversarial system in a regular court you know what's what's difficult I think if I were sitting in the house right now and if I was convinced that what the credit President was involved in particularly was criminal activity not just abuse of power but criminal activity then I would say that you your privilege goes away when what you're attempting to protect is something that's criminal Is that true well that is exactly what the Supreme Court said and the United States versus Richard Nixon case you can't just say Blanket executive privilege and to protect the national interest when what is a question is potentially a violation of American domestic law and and so that's that's a very very astute of you Oh Ok let's let's get to because we don't have an awful lot of time. Left here let's get to this because what you're saying is if we want to avoid a real crisis that could be Fall us between the power of the House and the power of the Senate the power of impeachment and the executive branch that one of the things that has to be done is that the House of Representatives at this point in time needs to be scrupulous about extending due process to President Trump explained Well I think that. The way that the House has been doing things up to last week when it formally approved the. Resolution authorizing impeachment us today it really did seem to be on a fishing expedition it was it was able to do what it wanted to do but I think what they're trying to do now is to give themselves some degree extracurricular Journal Missy because I think those of Speaker Pelosi has said we want to dot all the cross all the t's and make sure everything is done properly to forestall any argument or any claim that we haven't proceed in a proper way even if we have more of a for you hand. And people would like to think otherwise so to give at least the appearance. If we don't have to do this we still want to do this so that we can't be questioned about this simply being something that is a partisan witch hunt that is correct and so one of the things is that what the House has said in terms of the skiff hearings that have been taking place is that is bipartisan there are 3 committees there are problems and Democrats on all 3 of those committees and that they were conducting themselves much like a grand jury would if a grand jury was involved they've brought up the Justice Department who has been resistant to investigate some of the charges like the whistle blower complaint initially which now has been borne out. My other testimony not just the whistleblower complaint but people who are reaffirming what was stated in that testimony I they were wrong about proceeding as if it is a grand jury because grand jury proceedings are certainly not public Exactly and you very often hear this analog that that what happens in the house is much more Cantu a grand jury proceeding and then the actual trial itself takes place in the Senate and in the grand jury potential defendant has far fewer constitutional and legal protections than he does want to gets to the to the full fledged trial on the other hand as we have talked about earlier in the So this is not a purely judicial thing there is a lot of politics and a lot of frankly electioneering going on to it with the with the American public looking over the shoulders of their elected representatives and once again if you're in a if you're in a close state you don't want to do anything to suggest you're well roading this through or or somehow trying to taint the proceedings and the more process the better I think about her and the more openness the better I hang out with me we've got one more small segment together and I want to get as much out of you as I possibly can we are speaking with Dr Buckner Melton about impeachment This is. Their stance on k.g.s. a Tad bedo beto be though he's out of the race and just when I was start to learn to pronounce his name it's about time we started weeding out the candidates you should have fewer candidates and you have voter says Next I might run well we know how to say your name step. 3 What do you believe it takes to be retirement ready these days having the right kind of investments creating a sustainable income stream reducing risk it's all of the above and more Welcome to all we're financials 7 personal decision points one. Figure out how much of your pre-retirement income needs to be replaced to eliminate or at least lower your debt 3 make preemptive tax planning a priority for choose an investment strategy that maximizes returns while preserving principle 5 assess potential risks 6 greeting the state plan to protect your legacy 7 design a distribution strategy that incorporates all your various income sources interested in a more thorough explanation download our 7 personal decision points guide for free at all worth Financial dot com all worth financial retired better. Mark Thompson on his esteemed colleague John Ruff and John when he says anything it's a pronouncement let me tell you one thing about that I've been involved with that situation for 15 years now and there's a lot of sense that this is a Shakespearean speech he's made everything sounds like an applause line when Roslyn started Make sure you stay to the end for John's famous sign off this is a badge to say. Mr Ruffner so. I've been sick for a really long time I had a constant fever for probably 6 months straight Britney curd saw multiple doctors to treat her tract infection nothing more I have 4 little boys we have we have run we mountain bike we do all the things that a family of boys would not to do I need to be able to keep up with them Britney was referred to a Marine you're all just who is an expert in robotic surgery when I knew the doctor he was affiliated with ran General Hospital I knew that I was in good hands and have experience Britney had robotic surgery in general hospital to remove a grapefruit sized cyst on her kidney with the infection gone and a quick recovery from the minimally invasive procedure Britney and her boys are back enjoying the outdoors I always said that I hit the geographical jackpot in Rangoon. I always felt that we are raising our boys in a place where we have so many opportunities I'm Britney Kurtz and this is my healing place to learn more about Britney story go to Marine general dot org slash in one place Hi I'm Jay foreigner c.e.o. Of Quicken Loans 30 percent of Americans who are planning home improvements of $5000.00 or more will pay for those renovations with a high interest credit card that may not be a great idea a better idea may be to take cash out of your home with a Quicken Loans 30 year fixed rate mortgage the rate today in our 30 year fixed rate mortgage is 3.99 percent a.p.r. 4.08 percent call us today at $800.00 Quicken or go to rocket mortgage dot com rates of exchange a 1.25 percent fee to receive a discounted rate offer cause of commission and commissions. And 130 original unbiased fact based This is grounded with me true case avi's Washington you're in 2016 and Donald Trump one Ohio by a whopping 8 points is Ohio still this would say definitely yes it's the news you need from the ground up as America prepares to vote in the 2020 lection election listen in subscribe to ground with me Julie Pace from the Westwood One pod cast network where the conversation starts. Welcome to the path Thurston's neighborhood I will be grateful for the day that I spend an entire day and don't find myself outraged by something that he has done and you guess who patched talking about or just disgusted by him it's your friend Donald we complain about it we don't really do anything words like friend and love that's what really matters he is a violent person you be. My neighbor that's neighborhood new 3 on a geo way to. That 1st and show continues for making it easier for you to listen at home simply say Google. Once again here's Pat's Thurston. Thurston and here is Dr Melton Dr Melton is an expert. He specializes in impeachment long history if you can pick up a copy of his book The 1st impeachment the Constitution's framers in the case of Senator William Blount So we have very little time left Dr Melton but there's their couple questions I want to ask you about one is what do you think comes next in this proceeding well my guess is. That the Democrats probably think that they've got enough to move forward they will start referring their evidence to the Judiciary Committee and if the judiciary committee agrees then we will see the drafting of the articles of impeachment to be proposed to the entire house does the House debate those articles or just vote it there's no reason why it could not have a floor debate on them and I would imagine given the gravity of the situation it certainly would one of the tech tactics that's being used right now is attacking the witnesses as being biased anti Trump assists in some cases people who have perpetrated espionage one of the people was born in Ukraine and so his loyalty to the country is being questioned are those. Tactics that are. That have any chance of being successful Well we are going to start seeing I think cross-examination if you will in the current Invicta maybe some Desta getting this and if it gets as far as the Senate I would certainly imagine you would see with his credibility being attacked or if you will impeach for exactly the sort of reasons that you describe and the eye for trial I don't know if politically that's going to work well for them but I guess we will just have to see and finally are you blogging anywhere on this that people can follow I'm not doing a lot of blogging but I do have an aggregator which I'm trying to keep track of all impeachment stories at my website w w Doug. You ought to be Milton. Melton dot com Well I just became a subscriber to that information I'm going to go there regularly thank you so much Dr Melton I hope to talk with you again look forward to thank you you bet Dr Dr Melton i Pad stick with us we've got a couple things here coming up for example in the next hour I'm going to give away tickets to see Journey if you're interested in that and we're going to be talking about p.g. And c e o who acted like an ass so. This is. Business. In spite of recreational marijuana being legal in California black market pot is still big business correspondent the state has announced. The state's campaign against marijuana planting or camp program resulted in over 953000 plants. From 340 illegal. That's 340000 more plants seized than last year California attorney general says these are sophisticated grows by organized drug cartels that negatively impact the environment rerouting waterways and using e.p.a. By.