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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: Watch Racist Biden Supporter Scream At Chinese Trump Supporter “You F**king Chinks!”

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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