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UNCONSTITUTIONAL!:  United States Supreme Court Dismisses Impeachment Articles

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By Ivan E. Raiklin

This week, the Speaker of the United States House of Representatives, Nancy Pelosi, will submit her two Articles of Impeachment to the United States Senate.  Impeachment is an authority granted to the U.S. House in Article II, Section 4 of the U.S. 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.”  (emphasis added)

Article I, Section 2, Clause 5 vests the power to impeach with the House of Representatives.  “The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.”  The House Judiciary Committee began its impeachment inquiry by interrogating Cory Lewandowski (I was sitting behind him), when that failed, Speaker Nancy Pelosi then moved the inquiry to the House Permanent Select Committee on Intelligence where no due process was afforded the President in this closed door session, then back to the Judiciary Committee where the President was denied his 5th Amendment Due Process rights by not allowing any witnesses to respond to the allegations.  Upon completion of these hearings, the House of Representatives voted on the following two impeachment articles, titled:

Article 1:  Abuse of Power (December 10, 2019)

Trending: POTUS Prepares to Take LITERAL Victory Lap at Daytona 500 After Impeachment Acquittal

Article 2: Obstruction of Congress (December 10, 2019)

For the U.S. House to transmit articles of impeachment to the U.S. Senate, the articles must meet the minimal Constitutional threshold of being a charge of “Treason, Bribery, or other high Crimes and Misdemeanors”.  Based on the Supreme Court’s analysis below, neither article of impeachment charges the president with either treason, bribery, or a high crime and misdemeanor and thus cannot be transmitted to the U.S. Senate for a trial under Article I, Section 3, Clause 6 of the U.S. Constitution.

 

Article 1:  Abuse of Power:[i]

TreasonNowhere is the term treason used or alleged in this article of impeachment.

Bribery-Nowhere is the term treason or bribery used or alleged in this article of impeachment.

or other high Crimes- The article lists no mention of a crime being committed as taken from either Title 18 U.S. Code or any other Title of the U.S. Code for that matter.  Additionally, reviewing Title 18 U.S. Code, nowhere is there a reference to the term “abuse of power”.  Without a crime of “abuse of power” there can be no basis for there to be a “high crime”.

and Misdemeanors[ii] As mentioned above under high crime, without a crime, there can be no misdemeanor crime to charge the president with in order to impeach him.

 

Article 2:  Obstruction of Congress:

TreasonNowhere is the term “treason” used or alleged in this article.

Bribery-Nowhere is the term treason or bribery used or alleged in this article.

or other high Crimes- The article lists no mention of a crime being committed as taken from either Title 18 U.S. Code or any other Title of the U.S. Code for that matter.  Additionally, reviewing Title 18 U.S. Code, nowhere is there a reference to the term “obstruction of Congress”.  Without a crime of “obstruction of Congress” there can be no basis for there to be a “high crime”.

The only felony in the US Code that references the term “obstruction” is found at: Title 18 USC § 1505. “Obstruction of proceedings before departments, agencies, and committees”. [iii]  Even if the US House of Representatives is referencing this statute as the basis for its impeachment, this statute clashes with the president’s power of executive privilege.  The House will need to await the adjudication of the Federal Courts if Presidential executive privilege will outweigh the demand

and Misdemeanors-The only federal misdemeanors that reference the term obstruction do not reference obstruction of Congress.  Rather, they are:

  1. 18 USC §1509 obstruction of court orders
  2. 18 USC §1701 obstruction of mails generally
  3. 40 USC §5109(b) obstruction of roads

 

Recommendation:  White House Counsel file a motion outlining Speaker Nancy Pelosi’s/the U.S. Congress’ violation of Article II Section 4 in the following manner:

  1. To the U.S. Supreme court, under its original jurisdiction authority as this is a case “affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.” Article III, Section 2.
  2. To the US Supreme Court requesting a writ of certiorari on the matter
  3. To the U.S. District Court for the District of Columbia, followed by appeals to the U.S. Court of Appeals for the D.C. Circuit and concluding with the U.S. Supreme Court. This is the preferred method as this process will take several weeks, if not months to adjudicate, while the U.S. Senate continues to confirm President Trump’s federal judge appointments without any breaks.

 

Possible Outcomes:

  1. The U.S. Supreme Court dismisses the Articles of Impeachment and thus no Senate trial.
  2. If the U.S. Supreme Court rules that the articles of impeachment do meet the constitutional threshold of a high Crime or misdemeanor, then the Speaker of the House can send them to the U.S. Senate and act on them as outlined in Article I, Section 3, Clause 6 wherein “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”
    1. The Senate dismisses the articles of impeachment upon receiving them for lack of an offense/sufficient evidence.
    2. The Senate calls witnesses[iv] to determine President Trump’s state of mind when he asked Ukraine President Zelinsky to investigate corruption. President Trump through the calling of these witnesses exposes the illegal coup by the previous administration, exposes all deep state actors, exposes corruption by the Bidens that he was interested in investigating and brings justice to all those negatively impacted by the illegal Crossfire Hurricane operation and FISA abuses to include LTG (R) Michael Flynn, Roger Stone, Paul Manafort, Carter Page, George Papadopolous and Carter Page.

 

About the Author:  Ivan E. Raiklin is a Constitutional and National Security attorney and Green Beret who has served for over 22 years in various sensitive roles in the Department of Defense and U.S. Intelligence Community under the previous four administrations.

[i] https://www.politico.com/news/2019/12/10/articles-of-impeachment-trump-abuse-obstruction-full-text-pdf-080185

[ii] https://www.vox.com/2019/12/10/21004695/articles-of-impeachment-full-text-read

[iii] https://www.vox.com/2019/12/10/21004695/articles-of-impeachment-full-text-read

[iv] The following witnesses will need to be called to address legitimate concerns of corruption

  1. Ukraine Related
    1. Hunter Biden-Questions related to waivers to join US Naval reserve and Board seat on Burisma
    2. Hunter Biden’s baby mamas
    3. Joe Biden-Discussions of placing son on Board of Burisma and other dealings involving firing of prosecutor general in Ukraine (Quid Pro Quo)
  2. Impeachment related
    1. Nancy Pelosi-all discussions and deliberations regarding the first time impeachment of president up until the actual impeachment
    2. Adam Schiff-all conversations with the whistleblower and his staff related to the whistleblower
    3. Eric Ciaramella-all communications between him and the rest of the witnesses and staffs listed
    4. Mark Zaid-Lawyer for Eric Ciaramella
    5. Andrew Bakaj-Lawyer for Eric Ciaramella
    6. John Brennan & Staff
    7. Sean Misko
    8. Al Green
    9. Rashida Tlaib
    10. Jerry Nadler
    11. Maxine Waters
    12. Michael Atkinson
    13. Debbie Mucarsey Powell (Drafted Articles of Impeachment?)
    14. Robert Paul (Husband of Powell, received $700 K from the Ukrainian Oligarch
    15. Every member of Congress who made public statements professing to impeach President Trump before the first impeachment hearing September, 2019.
  • Origins of Coup Attempt
    1. White House
      1. Barrack Obama
      2. Susan Rice
    2. Intelligence Community
      1. James Clapper
      2. John Brennan
    3. DOJ
      1. Loretta Lynch
      2. Andrew Weissman
      3. Eric Holder
    4. FBI
      1. James Comey
      2. Rod Rosenstein
      3. Andrew McCabe
      4. Peter Strzok
      5. Lisa Page
      6. Joe Pientka
      7. Bruce Ohr
      8. Nellie Ohr (Wife of Bruce, at Fusion GPS)
    5. State Department
      1. Hillary Clinton
      2. John Kerry
      3. Victoria Nuland
      4. Alexandra Chalupa
    6. Fake Dossier Origins:
      1. Joseph Mifsud
      2. Glen Simpson
      3. Fusion GPS team
      4. Perkins Coie team
    7. Kathryn Rumler
    8. Devon Archer
    9. Christopher Steele
    10. DNC members working on Steele Dossier
    11. Crowd Strike
    12. Andriy Telizchenko
    13. Cody Shearer
    14. Bret Kimberlain
    15. Sid Blumenthal
    16. Derek Shearer
    17. Ian McKinnon
  1. Press
    1. CNN
    2. MSNBC
    3. ABC
    4. CBS
    5. NBC
    6. NY Times
    7. Washington Times
    8. Facebook
    9. Twitter
    10. Alphabet (Youtube, Google)
  2. Support Witnesses
    1. Rudy Giuliani
    2. Jim Jordan
    3. Matt Gaetz
    4. Devin Nunes
    5. IG Horowitz
    6. John Durham
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Democrats

Bernie Sanders And His Supporters Got Photobombed By “Trump” Boat

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Bernie Sanders got trolled by a massive Trump banner.

What a brilliant trolling job by the boat owner!

Wayne Dupree: I hadn’t seen this video before and the person who posted it didn’t have any context attached, like location or date, etc. So, I did some research and it looks like it’s from a 2016 event, possibly in Vallejo, California. The reason I believe it’s from 2016 is that the crowd signs have his old slogan “A future to believe in.”

Here’s the video:

Twitter jumps in:

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Democrats

Joe Biden Told A Group Of Black Leaders That Black “Parents Can’t Read Or Write Themselves”

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Former VP Joe Biden told a group of black mayors in Georgia during a 2019 meeting that an issue with education reform in their communities is that “parents can’t read or write themselves,” The New York Times reported.

The story, which detailed Joe Biden’s precarious and unsteady positioning among South Carolina’s black voters after devastating losses in the Iowa caucuses and New Hampshire primary, said that Biden’s literacy comment “shocked and frustrated many in the close-knit group.”

Yet Joe Biden thinks blacks are his ace in the hole.

The Daily Beast:

Joe Biden reportedly shocked a group of black leaders last year when he said that parents in black communities can’t read or write. The comment, reported by The New York Times, is said to have been uttered by the former vice president during a private meeting with black mayors in Georgia.

Three people who were at the event confirmed the version of events to the newspaper, claiming that Biden told them a problem black communities have to deal with is that the “parents can’t read or write themselves.”

According to the report, his comment “shocked and frustrated” those in the room. In a statement provided to the newspaper, Biden’s campaign didn’t deny that he made the comment, saying: “The Vice President regularly talks about how his father’s experience has shaped the way he feels about and views the relationship between parents and their children’s learning.”

Biden is desperately trying to resuscitate his campaign to be the Democratic nominee for president after a fifth-place finish in New Hampshire. More

How is Biden getting any black votes? But if he doesn’t get them in South Carolina, he’s done for. Keep on talking Joe. You’ve almost ended your campaign. He’s on a journey to the end of the road.

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Democrats

Omar’s Husband Walked In On Her With Chief Fundraiser In Their Pajamas… Now It’s Costing Her $250,000

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Omar Complains US System For Refugees “Is A System That Preys On You”

Ilhan Omar’s husband discovered she was cheating on him with her chief fundraiser Tim Mynett when he walked in on the two lovers in pajamas and now the congresswoman is having to pay her ex $250,000 for his silence.

Sources say the families of Hirsi and Omar hammered out a financial settlement that would give Hirsi tens of thousands of dollars over several years but only if he did not speak publicly about the marriage breakdown. One source said the figure was as high as $250,000 over six years.

Follow the money!

Daily Mail:

Ilhan Omar’s husband discovered the truth about her torrid affair with her chief fundraiser when he went to her Washington D.C. apartment last spring and found the lovers lounging around in pajamas, DailyMail.com has learned exclusively.

Ahmed Hirsi had long suspected that Omar, 39, was cheating on him with married Tim Mynett but the proof came when he caught the hijab-wearing congresswoman in a state that no Muslim woman would expect to be with a man who is not her husband.

Two separate sources confirmed the account to DailyMail.com, saying that Hirsi was left ‘angry and humiliated’ by the encounter.

‘He suspected she was cheating but she kept telling him he was paranoid,’ one source said.

‘He told her he wanted to move down to D.C. to be with her but she insisted he should stay in Minneapolis with the children. Eventually he surprised her down there and his worst fears were confirmed. More

Time to deport Ilhan Omar for immigration fraud, theft and misuse of campaign funds, and ban her from the U.S. Deport her back to Mogadishu, Somalia to face the religion of peace for adultery. It will not be a rocking good time for her.

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Democrats

WATCH: Man Cleaning San Francisco’s Filthy Streets Asks PERFECT Question Liberals Can’t Answer

A man who has volunteered to clean up San Francisco’s filthy streets is seen on a video asking liberals a question that they can’t answer.

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A man who has volunteered to clean up San Francisco’s filthy streets is seen on a viral video asking liberals the very question that they just can’t answer.

Gay conservative activist Scott Presler is still on his campaign of cleaning up the filthy, human waste-strewn streets of some of America’s biggest liberal-infested cities.

Presler has been crisscrossing the country to help clean up the mess often left behind by tens of thousands of homeless people swarming all over these cities. These are people left homeless because of the failed policies forced on our cities by liberal politicians.

But as he worked the streets of San Francisco this month. Presler was confronted by some leftist protesters. Presler, though, asked the perfect question of the protesting liberals.

Why, Presler wondered, do we have tens of thousands of true Americans in the streets and homeless while our politicians are giving illegals “everything”?

Well, isn’t that a good question?

Take a look:

Yep. Not a single liberal could answer that question.

Finally, can we ask another question, here?

How can any liberal protest what Mr. Presler is doing? He is raising private funds to clean up America’s filthy streets and is doing so without asking for a single penny, or for any help from government.

How can a liberal want to come out to protest that?

Follow Warner Todd Huston on facebook.com/Warner.Todd.Huston.

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Democrats

Tlaib Attacks Census Director For Not Having Middle East Racial Category

Wow, she is so rude!

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Tlaib Attacks Census Director For Not Having Middle East Racial Category

Rep. Rashida Tlaib attacked the Census Director Dr. Steven Dillingham: ‘You’re erasing us.’

TLAIB: “We are rightfully concerned about communities like mine that are at serious risk of being undercounted in the 2020 census. But something I’m particularly concerned about is the lack of representation on the form of people who look like me. Starting in 2015, a research effort spanned years under the previous administration led by the Office Management and Budget, by community organizations like Access and the Arab-American Institute and many others, which pushed to add the new category in the 2020 survey called ‘Middle Eastern North African,’ or what we call MENA. In 2015, director, the category went into the field for testing, and based on the finding, the Census Bureau recommended the inclusion of MENA category in the 2020 census. Despite these findings, however, the Census Bureau announced under the current administration that MENA category would not be included in the census. Dr. Dillingham, do I look white to you?”

Rep. Tlaib Attacks Census Director for Not Having Middle East Racial Category: ‘You’re Erasing Us’

Posted by Barracuda Brigade on Friday, February 14, 2020

 

DILLINGHAM: “ Congresswoman, I think that if you tell me what you identify with, I think I would respect that.”

TLAIB: “So, director, are you aware that people like me who are Arab, Middle Eastern, North African, have to indicate that they are white on the U.S. Census?”

DILLINGHAM: “Congresswoman, we actually have on the — and I understand there was a process in deciding, certainly before I got to the census, and there’s a history to coming up with the questions in the race and ethnicity categories —“

TLAIB: “No, they ignored him. Director, the previous administration decided to put MENA on the form, they ignored it. But do you think if I circled ‘white’ category, that would be an accurate of my racial and ethnic background?”

DILLINGHAM: “Congresswoman, we do not second-guess what you put down there, and we do have a write-in, people can —“

TLAIB: “You are not giving me an option because let me tell you, there is a reason why the recommendation happened. Because circling ‘white’ on the census changed my lived experience as a person of color in our country. Even saying that, you understand there is a difference when you actually have the check-off box. Because the MENA community, like others, relies on accurate census representation for health research, director, language assistant, civil rights laws, and reporting educational outcomes. In addition, it would help address things like crime reporting, director, helping minority business owners get loans and drawing congressional and state legislative boundaries. So, director, do you believe it’s important to better collect racial and race information from census participants of Middle Eastern and North African descent?”

DILLINGHAM: “Congresswoman —“

TLAIB: “Do you believe that?”

DILLINGHAM: “I can say that by having the write-in provision —“

TLAIB: “Sir, it does not have the same impact and you know that. You know that. That’s why the community pushed to add the category MENA, and they did it right, they went through the process and they got it approved. And this administration decided to ignore them and make them invisible again. Right? That is what you are doing, you are making us invisible. Now, the continued absence of this ethnic category attributes to erasing us. We all live and work and raise our families here. I truly believe this issue needs to be addressed and we need your leadership to push back against this current administration lack of wanting to see people like me being represented on an official government federal form that decides around funding, decide how they will treat us and approach health research, language assistance, all those kinds of things. Director, we need to get it right because I am not white. I’m not. And I don’t try to say to others that you should be this or that. But when I sit on this form and I look at it, I don’t see myself represented on this form. And I think that’s a huge issue for people like me, and I need you to do more in pushing back against the current administration ignoring what the previous administration was able to do. The U.S. Census Bureau decided to add MENA and they ignored it.”

DILLINGHAM: “Congresswoman, I assure you that we continue to study race and ethnicity in the options for self-reporting — let me just say — we want your views and were beginning to process looking at the 2030 census.”

TLAIB: “It’s too late because for ten years we will be invisible. The health research, small business loans, we’ll be invisible for another decade in our country. And I think it is wrong and it was wrong to ignore the effort of not only the office of management and budget but the organizations and others who follow the process, did what they needed, get public input to make sure we are seeing finally by the own federal government. Thank you.”

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Democrats

Watch Raging Leftists Attack College Republicans, Spit On Flag

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The College Fix posted a video that shows two attackers vandalizing a tent and display belonging to the College Republicans. One of the individuals physically assaulted a conservative student.

“This is a flag of white supremacy,” the Leftist declared.

The College Fix:

College Republicans tabling at the University of California, Santa Cruz were accosted by passersby who ripped their signs, spit on their Betsy Ross flag, tussled with them physically, and yelled obscenities, according to video of the incident obtained by The College Fix.

The president of the UC Santa Cruz College Republicans, Dylan Temple, was also doxxed on social media with a false accusation that he attacked peers at the campus LGBTQ center, a move he said was done in retaliation for following the aggressors around until police arrived, he said in an interview with The Fix.

What’s more, the Feb. 7 incident happens to involve Hayden Williams, a conservative campus activist who was famously clocked in the face at UC Berkeley last year by someone triggered by his MAGA signage, another incident caught on camera. It made national headlines at the time and landed him on the same stage at CPAC with President Donald Trump, who lambasted how Republicans on college campuses across the nation are frequently attacked. More

I’m tired of these videos where conservatives get attacked and wait for something to get done about it by whatever local authority who we all won’t do anything.

These snowflake millennials perceive themselves as offended when others do not share their political ideology. In their twisted minds, they have the right to strike out any way they deem necessary.

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Democrats

Omar’s New Bill Would Allow Congress Restrict President On Sanctions, National Emergencies

Chance of becoming law, less than zero.

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Congresswoman Ilhan Omar introduced a package of new proposals called the ‘Pathway to Peace’; outlining her vision of what American foreign policy should look like in the 21st century.

“Today, I am proud to introduce the Pathway to PEACE, a bold vision that prioritizes multilateralism and diplomacy over militarism,” posted Omar on social media. “I believe that when the United States says it champions human rights, democracy, and peace, we should mean it!”

“I now get to have the honor and the privilege of using my experience and perspective to create a vision for a world where there are no young girls living through war, there are no nations being destroyed.”

Breitbart:

Rep. Ilhan Omar (D-MN) has introduced a series of sweeping foreign policy bills, including one that would let Congress limit the president’s power to place international sanctions and declare national emergencies.

Omar describes the legislative package, titled “Pathway to PEACE (Progressive, Equitable, and Constructive Engagement),” as “a bold progressive vision to rethink the country’s approach to foreign policy by centering human rights, justice and peace as the pillars of America’s engagement in the world, and making military action a last resort” in a press release. “I believe in a world where there are no young girls living through war, and no nations that are being destroyed,” she declared in the statement.

She spoke about the bills at a panel discussion on Capitol Hill Wednesday, framing them as a globalized approach to U.S. foreign policy.

“These sets of bills are not about a single country or singling out one particular country,” said Omar, who serves on the House Foreign Affairs Committee. “It’s about setting a common set of standards for the world.”

One of the bills, the Congressional Oversight of Sanctions Act, would give Congress power to limit the executive branch’s authority under the International Emergency Economic Powers Act to declare national emergencies and place economic sanctions. More

There is a nation that would be “destroyed” if Omar’s policies ever became law. It’s called the United States of America. What an absolute disgrace this woman is to the People’s House. This anti-American malcontent despises the Constitution and our Republic.

Rep. Ilhan Omar is a rising star in the Democratic party which tells you more about the Democrats than it does about Omar.

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