Connect with us

Democrats

UNCONSTITUTIONAL!:  United States Supreme Court Dismisses Impeachment Articles

Published

on

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: Black Lives Matter Leader Now Says White People’s Churches ‘Should All Come Down’

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
Don't forget to Like The Washington Sentinel on Facebook and Twitter, and visit our friends at The Republican Legion.

Become an insider!

Sign up for the free Washington Sentinel email newsletter, and we'll make sure to keep you in the loop.

Advertisement

Democrats

Keen Observers Point Out Notable Elements Of Biden’s Instagram Post With Harris

Social media users have a knack for spotting irregularities in even the most well-framed pictures

Published

on

By

Joe Biden gets mocked for using a SCRIPT during his video call to Kamala Harris asking her to be his VP pick.

While he is holding his broken iPhone up to the laptop with the speaker, at the bottom of the phone, directed towards the laptop – suggesting that a third person was on their call. It’s unclear who that person was.

Fox News:

We’re all living in an age where every social media post is scrutinized down to the smallest detail, so you can imagine the rigorous inspection that Joe Biden’s Instagram post announcing Sen. Kamala Harris as his running mate was subject to.

To the untrained eye, Biden is seen sitting at a smart desk dressed in a crisp shirt chatting with Harris on a sleek Apple laptop. The décor was something you’d see in a cavernous library at an illustrious New England university.

But social media users were able to spot some irregularities upon closer inspection.

Benny Johnson, the chief creative officer at Turning Point USA, the conservative student organization, took to Twitter shortly after Biden’s announcement and identified a note tucked under the laptop that was tough to read but he said looked something like a “script.” More

Let the mocking begin:

Continue Reading

Democrats

New Report Suggests New York’s Nursing Home Deaths Far Higher Than Reported

Published

on

By

New Report Suggests New York’s Nursing Home Deaths Far Higher Than Reported

A new report suggests that New York’s nursing home deaths are far higher than reported, this comes after Democratic Governor Andrew Cuomo declined to support an investigation.

“New York’s coronavirus death toll in nursing homes, already among the highest in the nation, could actually be a significant undercount,” the Associated Press reported. “Unlike every other state with major outbreaks, New York only counts residents who died on nursing home property and not those who were transported to hospitals and died there.”

TDW:

A new report alleges that the true extent of the number of deaths that New York’s nursing homes suffered under the leadership of Democratic Governor Andrew Cuomo may be far higher than what has been reported due to the way that the statistics are gathered and counted.

[…]

The AP gave one example as an illustration of the problem: the Riverdale Nursing Home in the Bronx.

According to the AP, on paper, the nursing home only reported a total of four deaths from the coronavirus out of its nearly 150-bed facility. However, the true number is 21 dead, most of whom were transported out of the facility and to hospitals before they died.

“That statistic that could add thousands to the state’s official care home death toll of just over 6,600,” the AP continued. “But so far the administration of Democratic Gov. Andrew Cuomo has refused to divulge the number, leading to speculation the state is manipulating the figures to make it appear it is doing a better than other states and to make a tragic situation less dire.” More

Why would Governor Andrew Cuomo support an investigation of something he did? I wish every family who lost a loved one would sue him personally.

If he had nothing to hide, he would agree to the investigation. Don’t forget the last-minute inclusion of a provision in the state budget that forbids legal recourse related to the pandemic against hospitals, clinics, and nursing homes, many of which were contributors to Cuomo’s campaign. He is pure scum and needs to be ousted sooner than later.

Continue Reading

Democrats

Biden Gets Blasted For Non-Apology Over His Black Community Remarks

Published

on

By

Joe Biden issued a non-apology last night for widely-panned remarks he made about African-Americans earlier in the day, saying that he did not “mean” what he said.

“Earlier today, I made some comments about diversity in the African American and Latino communities that I want to clarify. In no way did I mean to suggest the African American community is a monolith—not by identity, not on issues, not at all,” Biden wrote on Twitter. “Throughout my career I’ve witnessed the diversity of thought, background, and sentiment within the African American community. It’s this diversity that makes our workplaces, communities, and country a better place.”

“My commitment to you is this: I will always listen, I will never stop fighting for the African American community and I will never stop fighting for a more equitable future.”

Joe Biden said during an earlier interview: “What you all know, but most people don’t know, unlike the African American community, with notable exceptions, the Latino community is an incredibly diverse community with incredibly different attitudes about different things.”

Twitter took Biden to task for his non-apology:

Continue Reading

Democrats

New York Announces Attempt to Disband National Rifle Association Over Budget Fraud

New York announced an effort to destroy the NRA with a lawsuit demanding that the group disband over fraudulent budget expenses.

Published

on

The State of New York announced an effort to destroy the National Rifle Association with a lawsuit demanding that the group disband over fraudulent budget expenses.

New York Attorney General Letitia James said his investigation found top NRA executives had committed financial misconduct that contributed to a loss of more than $64 million to the group’s budget.

James claims that the NRA’s leadership is “fraught with fraud” and the group’s top officials wasted millions on personal vacations, private jets, gifts, and expensive meals.

“The NRA’s influence has been so powerful that the organization went unchecked for decades while top executives funneled millions into their own pockets,” James said during a Thursday morning news conference. “The NRA is fraught with fraud and abuse, which is why, today, we seek to dissolve the NRA, because no organization is above the law.”

The AG added that the NRA was “a breeding ground for greed, abuse, and brazen illegality.”

NRA President Carolyn Meadows blasted the lawsuit:

This was a baseless, premeditated attack on our organization and the Second Amendment freedoms it fights to defend. You could have set your watch by it: the investigation was going to reach its crescendo as we move into the 2020 election cycle. It’s a transparent attempt to score political points and attack the leading voice in opposition to the leftist agenda. This has been a power grab by a political opportunist – a desperate move that is part of a rank political vendetta. Our members won’t be intimidated or bullied in their defense of political and constitutional freedom. As evidenced by the lawsuit filed by the NRA today against the NY AG, we not only will not shrink from this fight – we will confront it and prevail.

The lawsuit alleges that Ackerman McQueen — head of the NRA’s advertising firm — spent $70 million on “out-of-pocket expenditures” and “public relations and advertising” in 2017 and 2018. James says the expenditures were a cover-up for travel by NRA executives, including eight trips to the Bahamas and all-expense-paid safaris in Africa. There were also alleged payments for personal hair and makeup for Susan LaPierre, wife of the NRA CEO.

This is obviously an attempt to rally the troops for the 2020 election, though. And it just may rally conservatives for Trump, too!

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

Continue Reading

Democrats

Biden’s Interview Gets Worse, With A Question About How He’s Going To Deal With China

Published

on

By

Biden's Interview Gets Worse, With A Question About How He’s Going To Deal With China

Joe Biden explains how he’s going to take on China: “The way China will respond is when we gather the rest of the world that in fact [unintelligible] in in fr- in in in in open trade and making sure that we’re in a position that the world uh that that we deal with WHO the right way that in fact, that’s when things begin to change.”

Twitter EXPLODES:

All joking aside, this man is not well. He is absolutely NOT fit to perform the grueling job of President of the United States!

Continue Reading

Democrats

Joe Biden Lashes Out At Black Reporter, Asks If He’s a Junkie After Asked If He’ll Take Cognitive Test

Published

on

By

Joe Biden Lashes Out At Black Reporter, Asks If He’s a Junkie After Asked If He’ll Take Cognitive Test

Joe Biden was asked by Errol Barnett of CBS News if he’d taken a cognitive test during an interview on Wednesday morning.

“No, I haven’t taken a test. Why the hell would I take a test? C’mon man. That’s like saying you before you got in this program if you take a test where you’re taking cocaine or not, what do you think, huh? Are you a junkie?”

Can you imagine if Trump asked if a black reporter was a junkie?

Twitter goes wild:

Continue Reading

Democrats

Mayor Bill de Blasio In Hot-Water After Admitting City Skipped Permit Process To Paint BLM Murals

Published

on

By

Mayor Bill de Blasio In Hot-Water After Admitting City Skipped Permit Process To Paint BLM Murals

Mayor Bill de Blasio is facing increasing backlash from angry residents in New York City Monday after the Democrat admitted his administration skipped the permit process required to paint ‘Black Lives Matter’ murals on city streets.

“City officials ignored their own application process for public art projects to paint Black Lives Matter murals around the five boroughs, in order to mark an important moment in history, Mayor de Blasio said as his administration faces claims of First Amendment violations for refusing to greenlight other proposals,” reports the New York Post.

NY Post:

City officials ignored their own application process for public art projects to paint Black Lives Matter murals around the five boroughs, in order to mark an important moment in history, Mayor Bill de Blasio said as his administration faces claims of First Amendment violations for refusing to green-light other proposals.

“We haven’t said ‘no’ to people, we’ve said, ‘If you want to apply, you can apply, but there’s a process,’” de Blasio said during his City Hall press briefing Monday.

The pro-President Trump group Women for America First has sued City Hall for blocking a mural of their slogan “Engaging, Inspiring and Empowering Women to Make a Difference!” on a Manhattan roadway, while allowing multiple BLM paintings throughout the city.

Hizzoner insists he didn’t block the move, just referred groups like Women for America First and the pro-police Blue Lives Matter to the Department of Transportation’s permitting process. But there was no approval required for the BLM movement.

“That is something that again transcends all normal realities because we are at a moment of history when that had to be said and done, that’s a decision I made,” de Blasio said. More

Laws are only for the little people. When you’re spending all your energy ignoring the skyrocketing crime and murders, one can see how a simple permit process can get overlooked.

Continue Reading

Latest Articles

Become an insider


Best of the Month

Do NOT follow this link or you will be banned from the site!
 
Send this to a friend