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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: Chicago Mayor Lori Lightfoot Sent Armed Police To Shut Down Black Baptist Church

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

Minnesota Democrat Governor Tim Walz: Restaurants Can Have 50 People, Churches Only 10

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Minnesota Gov. Tim Walz announced that while restaurants will be able to host up to 50 customers in their outdoor seating areas, churches will remain restricted to serving just 10 congregants at a time, whether indoors or outdoors. The only remaining concession to churches is that they’re allowed to hold “drive-up” services, in which worshippers must remain in their cars and tune in to the message.

Ironically, restaurants require touching a lot of common objects, where churchgoers can literally go into service and out without touching anything. Plus the fact churches are about 50x the size of a restaurant dining area.

TDW:

On Wednesday, Minnesota’s Democratic governor unveiled the state’s new timeline for its “Stay Safe” plan, which includes the mandate that places of worship not be allowed to hold any types of services for more than 10 people — whether inside or outside — while simultaneously allowing restaurants to serve up to 50 customers at a time in outdoor dining areas.

The pandemic has resulted not only in a devastating economic crisis in the United States but a massive civil rights debate amid state and local mandates effectively prohibiting American citizens from exercising their constitutional rights, including First Amendment-protected rights of “the free exercise” of religion and the right to “peaceably to assemble” and “petition the government for a redress of grievances.” Several state and local mandates prohibiting “non-essential” entities from operating have ended up including churches, and some officials have even cracked down on churches providing safely socially distanced “drive-up” services.

Minnesota Gov. Tim Walz (D) heaped fuel on the religious freedom fire on Wednesday in his unveiling of the state’s “Stay Safe” plan beginning June 1. More

Do we still have people insisting there is no overreach occurring? Or it’s just a few states? Seems to be a common theme to limit churches with zero rationales. Masks can’t be worn while eating, so how does this add up?

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Democrats

Trump Will Sign Executive Order Rescinding And Waiving Regulations To Aid Economic Recovery

Fantastic!

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President Donald Trump will sign an executive order rescinding and waiving regulations in an attempt to aid our economic recovery.

White House officials say this new order will direct government agencies to identify any regulations that can be briefly waived to “promote job creation and growth.” A secondary action directs agencies to determine which of the 600 regulations currently halted under the national emergency should be permanently rescinded.

TDC:

President Donald Trump will sign an executive order Tuesday aimed at fast-tracking economic recovery by rescinding or waving regulations he says are inhibiting rapid job growth.

Senior Trump administration officials told the Daily Caller that the Regulatory Relief to Support Economic Recovery Executive Order “is the first time in living memory that a president has responded to a national crisis by deregulating instead of grabbing more power.”

The order would mimic action the administration took during the early days of the pandemic to expand health care services, specifically telehealth options, and hopes to provide economic relief to the millions of Americans who lost jobs due to state stay-at-home orders.

The latest unemployment figures from the Department of Labor show that that more than 36 million Americans have filed jobless claims since the coronavirus pandemic began. Predictions from Goldman Sachs suggest that total U.S. unemployment could peak at 25% in 2020 without serious government intervention. Furthermore, the National Bureau of Economic Research recently warned that 42% of all coronavirus-related job loss could be permanent. More

Let’s get back to work and let people take care of themselves.

LIVE: President Trump holding a cabinet meeting…

Posted by Breitbart on Tuesday, May 19, 2020

 

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Democrats

Democrats Admit They are Warming Up Another Attempt to Impeach Donald Trump

House Democrats have asked the U.S. Supreme Court for materials so that they can start yet another impeachment trial against Donald Trump.

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House Democrats have asked the U.S. Supreme Court for grand jury materials redacted by Robert Mueller so that they can start yet another impeachment trial against Donald Trump.

That’s right, despite having absolutely no proof whatever, House Democrats are once again looking for angles to start impeaching Trump all over again.

Democrat attack dog attorney Douglas Letter, who has been the Democrat’s top advisor for impeachment, filed a 33-page motion on Monday to have the court release documents from special counsel Robert Mueller’s report.

Mr. Letter’s filing demands access to the documents because the House Judiciary Committee’s “impeachment investigation related to obstruction of justice pertaining to the Russia investigation is ongoing.”

“The Mueller Report grand-jury material remains central to the Committee’s ongoing inquiry into the President’s conduct,” Letter wrote on behalf of the Democrats. “If this material reveals new evidence supporting the conclusion that President Trump committed impeachable offenses that are not covered by the Articles adopted by the House, the Committee will proceed accordingly — including, if necessary, by considering whether to recommend new articles of impeachment.”

Per the Washington Examiner:

Mueller’s 448-page report, released in April 2019, said the Russians interfered in 2016 in a “sweeping and systematic fashion” but “did not establish that members of the Trump campaign conspired or coordinated with the Russian government.” The special counsel also laid out 10 possible instances of Trump obstructing justice but did not reach a conclusion. Attorney General William Barr and Deputy Attorney General Rod Rosenstein concluded Trump had not obstructed justice.

The U.S. Court of Appeals for the District of Columbia Circuit rejected the Justice Department’s request to stay its ruling affirming a lower court order that it hand over the Mueller grand jury information last month. The appeals court ruled in a 2-1 vote in March to uphold U.S. District Court Chief Judge Beryl Howell’s October 2019 ruling that House investigators should be given access.

Now, the DOJ is moving to have the Supreme Court take up the case.

The Democrats are on a desperate fishing trip for any information they can use re-start their illicit impeachment trials all over again.

Follow Warner Todd Huston on Facebook at: facebook.com/Warner.Todd.Huston.

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Democrats

Schumer Says Trump Is “Picking On” China

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Democrat Senate Minority Leader Chuck Schumer says that President Donald Trump is “picking on” China by confronting them on their handling of the coronavirus pandemic during an interview with MSNBC’s Nicolle Wallace.

Chuck Schumer is one for making up allegations against President Donald Trump that have no basis in reality. In this video, he claims Trump is “picking on China” to distract from his alleged failures. Democrats are trying to make the president look bad all why they spout Chinese Communist Party propaganda.

Democrats have been the enemy of the American worker ever since Jimmy Carter. Since Chuck Schumer and Nancy Pelosi want to support China so badly, they should be ripped out of office and face charges of treason.

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Democrats

Biden: If I Believed Tara Reade, I Wouldn’t Vote For Me

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Joe Biden: “I think they should vote their heart. And if they believe Tara Reade, they probably shouldn’t vote for me. I wouldn’t vote for me if I believed Tara Reade.”

Then comes the victim-shaming by the left:

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Democrats

Joe Biden Says “Millions of People” Died From Coronavirus

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“This is not a moment for excuses or deflections or blame game. We’re — we’re in the middle of a pandemic that has cost us more than 85,000 jobs as of today. Lives of millions of people. Millions of people. Millions of jobs. You know, and we’re in a position where we just got new unemployment insurance, this morning, numbers, 36.5 million claims since this crisis began.”

Full event:

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Democrats

SHOCK: Democrats Top List of Officials Least Willing to Work with Opposing Party

For the fifth year in a row, it is the Democrats in Congress who have refused to cross the aisle and work in a bipartisan manner.

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If you were to listen to the left-wing media, it is the GOP that refuses to work with others, but in truth, for the fifth year in a row, it is the Democrats in Congress who have refused to cross the aisle and work in a bipartisan manner.

Yes, as far as the media is concerned, the Senate Republicans are the meanest, stingiest, most partisan monsters ever to step foot in Washington. But the truth is a far different animal.

The annual Lugar Center/McCourt School Bipartisan Index is out and guess what? That’s right, it is Senate Democrats who fill the sport for the worst rated for bipartisanship.

The report, produced in conjunction with Georgetown University, ranks U.S. Senators on how often they vote with the opposing party, and how often cross the aisle to work together on legislation. The report also looks at how many Senators co=sponsor bills with the opposition.

It turns out, nine of the top ten most bipartisan senators are Republicans.

Per Byron York:

he top bipartisan senator was Maine’s Susan Collins (R) — winning the title for the seventh consecutive year — followed by Alaska’s Lisa Murkowski (R), Colorado’s Cory Gardner (R), and Ohio’s Rob Portman (R). Then came the lone Democrat in the Bipartisan Top Ten, Arizona’s Kyrsten Sinema. After that: Arizona’s Martha McSally (R), West Virginia’s Shelley Moore Capito (R), Louisiana’s Bill Cassidy (R), Florida’s Marco Rubio (R), and Iowa’s Charles Grassley (R). Republicans also make up seven of the next ten most bipartisan senators.

And who are the least bipartisan

Looks like the usual suspects:

Who are the least bipartisan senators? Democrats. For the fifth year running, Vermont’s Bernie Sanders (D), has pulled down the least bipartisan title. In all, Democrats make up seven out of the ten least bipartisan — Patty Murray, Mazie Hirono, Kamala Harris, Cory Booker, Jack Reed, and Chris Murphy. The three least bipartisan Republicans are Richard Shelby, Ben Sasse, and Cindy Hyde-Smith.

The U.S. House of Representatives is bottom heavy with Democrat creeps, too:

Seven of the ten most bipartisan representatives are Republicans. The leader is Pennsylvania’s Bryan Fitzpatrick, followed by New York’s John Katko and Peter King. The difference in the House is that the least bipartisan representatives are also Republicans — nine of the bottom ten. Alabama’s Gary Palmer, Georgia’s Rick Allen, Texas’ Chip Roy, and more. The only Democrat in the bottom ten is Massachusetts’ Ayanna Pressley.

And some of the other biggest whiners in the House — Pressley, Alexandria Ocasio-Cortez, Ilhan Omar, and Rashida Tlaib — all rank among the worst offenders.

Is anyone really surprised?

Follow Warner Todd Huston on Facebook at: facebook.com/Warner.Todd.Huston.

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