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While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic. First, let’s look at the law. The reason is that these claims are made for cable news, not courts of law.
Through various contortions, Bragg converted a dead misdemeanor case into 34 felonies in an unprecedented prosecution. New Yorkers and the media insisted that such selective prosecution was in defense of the “rule of law.” In Gonzalez v. She had briefly misplaced a petition on a table at a public meeting.
The Supreme Court called the appellate court’s conclusion that there are always reasonable legal alternatives to disobeying constitutionallaws “untenable,” and held that “reasonable legal alternatives” must be effective. The defendants also argued that the states failed to state a separation of powers claim or a non-delegation claim.
The hearings this week may reveal conduct that reaches the level of a high crime and misdemeanor. It is also true, in my opinion, that none of those things amount to high crimes and misdemeanors warranting his impeachment. If Mayorkas is violating federal law, he can be brought to court to enjoin his actions.
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