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The Establishments war on Donald Trump
See other The Establishments war on Donald Trump Articles

Title: IMPEACHABLE OFFENSES - GAH
Source: [None]
URL Source: [None]
Published: Dec 16, 2019
Author: nolu chan
Post Date: 2019-12-16 21:51:13 by nolu chan
Keywords: None
Views: 124
Comments: 3

IMPEACHABLE OFFENSES - GAH

nolu chan
16 December 2019

(2) With the same corrupt motives, President Trump—acting both directly and through his agents within and outside the United States Government—conditioned two official acts on the public announcements that he had requested—

(A) the release of $391 million of United States taxpayer funds that Congress had appropriated on a bipartisan basis for the purpose of providing vital military and security assistance to Ukraine to oppose Russian aggression and which President Trump had ordered suspended; and

(B) a head of state meeting at the White House, which the President of Ukraine sought to demonstrate continued United States support for the Government of Ukraine in the face of Russian aggression.

The timing of the release of the funds before the end of the fiscal year was a discretionary act on the part of the Executive branch. Sworn testimony established the delayed release of such funds to numerous countries, and by the preceding administration. While Congress excels at giving away taxpayer money, the Executive is not excluded from ensuring the money is not given to thieves.

Whether to hold a head of state meeting at the White House is an act at the sole discretion of the Executive Branch. The Executive is not precluded from asking a new government to demonstrate they are serious about fighting rampant corruption before disbursing the funds.

When asking for something in return for their votes, congress critters are not shy. They organized a system where bagmen sat in a lobby near their offices with bags of money to offer. Thus came the term lobbyist. Now lobbyists are more discreet about the bags of money, but money is still the grease that makes the wheels of congress turn. How do congress critters all become multi-millionaires on the salary of congress critters?

(3) Faced with the public revelation of his actions, President Trump ultimately released the military and security assistance to the Government of Ukraine, but has persisted in openly and corruptly urging and soliciting Ukraine to undertake investigations for his personal political benefit.

Evidence that Joe Biden was involved in corruption while Vice President of the United States would redound to the benefit of President Donald J. Trump were Mr. Biden to be nominated to run for President. The Democrats have not provided evidence of such corruption. A finding of no such corruption would redound to the benefit of Joe Biden. Unfortunately, Mr. Biden experiences some difficulty summoning a non-corrupt explanation of how his son received $1M a year for a no show job for which he was spectacularly unqualified, at a time very shortly following being kicked out of the Navy and going to rehab for cocaine addiction.

Apparently, the Committee did not weigh in on how it affects Joe Biden as a candidate to have helped his juvenile child gain entry to the U.S. Armed Forces as a 44-year old self-medicating cocaine addict. Is that the mark of presidential judgment?

There is nothing but hearsay and assumptions that President Trump asked for anything. There is the official transcripts which show President Trump stating that he wanted nothing but for Ukraine to do the right thing regarding corruption.

These actions were consistent with President Trump’s previous invitations of foreign interference in United States elections.

In all of this, President Trump abused the powers of the Presidency by ignoring and injuring national security and other vital national interests to obtain an improper personal political benefit. He has also betrayed the Nation by abusing his high office to enlist a foreign power in corrupting democratic elections.

This article is a joke, as was Candidate Trump's invitation for President Putin to provide Hillary's 30,000 missing emails.

Further evidence of this article being a joke is that an official, including a President, cannot be impeached for acts taken prior to entering office. President Trump cannot be impeached for the acts of Candidate Trump.

Wherefore President Trump, by such conduct, has demonstrated that he will remain a threat to national security and the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with self-governance and the rule of law. President Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.

Here, the nutbags find an impeachable offense in projected future events which they imagine will happen. President Trump must be impeached and removed from office to prevent him from committing an impeachable offense in the future.

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#1. To: nolu chan (#0)

cannot be impeached for acts taken prior to entering office

Is that true or opinion? Good article.

A K A Stone  posted on  2019-12-17   8:45:42 ET  Reply   Trace   Private Reply  


#2. To: A K A Stone (#1)

cannot be impeached for acts taken prior to entering office

Is that true or opinion? Good article.

I believe this is FACT.

One should read the Constitution as referring to “high crimes and [high] misdemeanors.” The phrase came from English common law and, at the time of the framing, there was no such thing as a “low” misdemeanor.

In modern parlance, felony and misdemeanor distinguish between more and less severe low offenses.

A “high” offense is not distinguished as a more severe offense. It is distinguished by its being an offense against a public office. It cannot occur before the person entered office, or after the person left office.

To make an act an offense, when taken prior to entering office, would be ex post facto making an act an offense, which act was not an offense when committed.

Moreover, it cannot be an act against an office not held at the time.

https://en.wikipedia.org/wiki/High_crimes_and_misdemeanors

The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds that more is expected of officials by their oaths of office. Indeed, the offense may not even be a breach of criminal statute. See Harvard Law Review “The majority view is that a president can legally be impeached for ‘intentional, evil deeds’ that ‘drastically subvert the Constitution and involve an unforgivable abuse of the presidency’—even if those deeds didn't violate any criminal laws.”

[...]

United States

“High crimes and misdemeanors” is a phrase from Section 4 of Article Two of the United States Constitution: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

“High,” in the legal and common parlance of the 17th and 18th centuries of “high crimes,” is activity by or against those who have special duties acquired by taking an oath of office that are not shared with common persons.[6] A high crime is one that can be done only by someone in a unique position of authority, which is political in character, who does things to circumvent justice. The phrase “high crimes and misdemeanors,” used together, was a common phrase when the U.S. Constitution was written and did not require any stringent or difficult criteria for determining guilt but meant the opposite. The phrase was historically used to cover a very broad range of crimes.

- - - - - - - - - -

https://constitution.org/cmt/high_crimes.htm

by Jon Roland, Constitution Society

The question of impeachment turns on the meaning of the phrase in the Constitution at Art. II Sec. 4, “Treason, Bribery, or other high Crimes and Misdemeanors”. I have carefully researched the origin of the phrase “high crimes and misdemeanors” and its meaning to the Framers, and found that the key to understanding it is the word “high”. It does not mean “more serious”. It refers to those punishable offenses that only apply to high persons, that is, to public officials, those who, because of their official status, are under special obligations that ordinary persons are not under, and which could not be meaningfully applied or justly punished if committed by ordinary persons.

Under the English common law tradition, crimes were defined through a legacy of court proceedings and decisions that punished offenses not because they were prohibited by statutes, but because they offended the sense of justice of the people and the court. Whether an offense could qualify as punishable depended largely on the obligations of the offender, and the obligations of a person holding a high position meant that some actions, or inactions, could be punishable if he did them, even though they would not be if done by an ordinary person.

[snip]

nolu chan  posted on  2019-12-17   15:03:17 ET  Reply   Trace   Private Reply  


#3. To: A K A Stone (#2)

See also:

Alexander Hamilton, Federalist 65, 7 March 1788

[excerpt]

A well-constituted court for the trial of impeachments is an object not more to be desired than difficult to be obtained in a government wholly elective. The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.

It is quite impossible for Donald Trump, as a private citizen, to have engaged in the misconduct of public men, or the abuse or violation of some public trust.

nolu chan  posted on  2019-12-18   17:18:07 ET  Reply   Trace   Private Reply  


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