Article 1 – Willful failure to respect the Constitution and rule of Law
Executive Summary
We hold that Donald J. Trump, his principle officers and supporters have not only failed to faithfully execute the laws of the country and the strictures and requirements of the Constitution but they have used their offices to commit the high misdemeanor of promoting bigotry and hate against immigrants, muslims, people from our southern neighbors and other countries. We hold that, as stated in an article of impeachment introduced in 2018 that:
“In his capacity as President of the United States, unmindful of the high duties of his high office, of the dignity and proprieties thereof, and of the harmony, and respect necessary for stability within the society of the United States, Donald John Trump has with his bigoted statements done more than simply insult individuals and groups of Americans, he has harmed the American society by attempting to convert, or converting, his bigoted statements into United States policy and by associating the presidency and the people of the United States with bigotry, violence and abuses of power, on one or more of the following occasions:”
Furthermore as introduced by Al Green in 2019:
“Resolved, that Donald John Trump, President of the United States, is unfit to be President, unfit to represent the American values of decency and morality, respectability and civility, honesty and propriety, reputability and integrity, is unfit to defend the ideals that have made America great, unfit to defend liberty and justice for all as extolled in the Pledge of Allegiance, is unfit to defend the American ideal of all persons being created equal as exalted in the Declaration of Independence, is unfit to ensure domestic tranquility, promote the general welfare and to ensure the blessings of liberty to ourselves and our posterity as lauded in the preamble to the United States Constitution, is unfit to protect the government of the people, by the people, for the people as elucidated in the Gettysburg Address,”2019/07/17 resolution
The President should be impeached for high misdemeanors and the following Article of Impeachment be exhibited to the Senate.
This article of impeachment alleges high misdemeanors, derives from HR 704 introduced in 2018 and the article introduced in 2019/07/17. It is the first of 8 impeachment articles.
A. Statement of Offenses
In 2018 an article of impeachment, HR 704 was introduced which listed a series of counts that:
- Executive Order 13769 on January 27 2017, which sought to prevent the immigration of anyone who is muslim, solely on their religious affiliations and country of origin.
- July 26, 2017 attack on Transgender right to serve in the military of the United States.
- August 15, 2017, defense of Charlottesville Virginia Nazis.
- January 11, 2018, Ending DACA and targeting minority group origin immigrants for Deportation.
- In addition to those charges he:
- Sought to end “chain migration” with executive orders and build his wall [See Article 2], in the process of which he demonized all Mexicans as “being rapists and murderers.”
B. Legal Expectation
Congress has passed laws providing for family reunification, for decent treatment of minor children, of people who have crossed the border to seek asylum, and for respect of international law, the bill of rights as natural persons including the right to substantive due process when accused of a crime. The constitution protects freedom of religion, and prohibits targeting Muslims as Muslims. The role of the President is supposed to be to protect all the people of the country and their rights. Not to demonize people and apply stereotypes to entire categories. This country was built by immigrants, including Trump's mother and grandparents. The President makes a vow that he
“will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Congress expects the President to defend the constitution, not ignore, bypass or subvert it.
C. Violation of law or constitution
Contempt of Congress and Rebuke:
“The House of Representatives on July 16, 2019, strongly condemned President Donald Trump's racist comments that have legitimized and increased fear and hatred of new Americans and people of color by saying that our fellow Americans who are immigrants, and those who may look to the President like immigrants, should ``go back'' to other countries, by referring to immigrants and asylum seekers as ``invaders,'' and by saying that Members of Congress who are immigrants, or those of our colleagues who are wrongly assumed to be immigrants, do not belong in Congress or in the United States of America.” [Al Green resolution]
Remedy
For these corrupt and venal actions we conclude that:
“Therefore, Donald John Trump by causing such harm to the society of the United States is unfit to be President and warrants impeachment, trial, and removal from office.”
and we further hold that Donald Trump and his principle officers be Censured and held in Contempt of Congress. Censure, Contempt of Congress and herein vote this article of Impeachment. We hold that Donald John Trump by causing such harm to the society of the United States is unfit to be President and warrants impeachment, trial, and removal from office.
Real Donald Trump therefore:
“In all of this, the aforementioned Donald John Trump has, by his statements, brought the high office of President of the United States in contempt, ridicule, disgrace and disrepute, has sown discord among the people of the United States, has demonstrated that he is unfit to be President, and has betrayed his trust as President of the United States to the manifest injury of the people of the United States, and has committed a high misdemeanor in office.” [115th Congress HR705]
Appendix to Article One
Unilateral imposition of a shutdown of immigration from Muslim Nations
“On January 27, 2017, Donald John Trump issued Executive Order 13769 providing for a partial shutdown of immigration from mainly Muslim countries to fulfill a bigoted campaign promise that read as follows: “DONALD J. TRUMP STATEMENT ON PREVENTING MUSLIM IMMIGRATION (New York, NY) December 7th, 2015—Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what's going on,” thereby attempting to convert a bigoted campaign promise into United States policy, associating the presidency and the people of the United States with bigotry, thereby casting contempt upon Muslims, inciting hate and hostility, and sowing discord among the people of the United States on the basis of religion.”
He has since then refined his executive orders so that the courts have upheld them claiming that they only need to uphold the letter of the law not its substance. And added additional crimes referenced in Article 2.
Attacking Transgender Service Personnel
On July 26, 2017, Donald John Trump made a public statement substantially as follows: “After consulting with my Generals and military experts, please be advised that the United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military. Our military must be focused on decisive and overwhelming victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail,” thereby attempting to convert his bigoted statement into United States policy, associating the presidency and the people of the United States with bigotry, thereby casting contempt on transgender individuals, inciting hate and hostility, and sowing discord among the people of the United States on the basis of gender.
Defending Charlottesville Nazis
On August 15, 2017, Donald John Trump made a widely-published statement characterizing a group of anti-Semites, bigots, racists, white nationalists, and Ku Klux Klansmen who rallied in Charlottesville, Virginia, as “very fine people,” thereby associating the presidency and the people of the United States with bigotry.
On October 7, 2017, hate groups returned to Charlottesville, Virginia, at the statue of Robert E. Lee, the Confederate general, chanting “You will not replace us!” after having chanted in their August Charlottesville rally that “Jews will not replace us!”. Since this event on October 7, the President has made widely-published statements about many issues, including the National Football League, but has not made one widely-published statement condemning the hate groups for returning to the place where an innocent person lost her life at the hands of hate.
Targeting minority Immigrants brought here as children for Deportation
On January 11, 2018, Donald John Trump held a meeting with a bipartisan group of Congressional leaders that focused primarily on legislation that would provide a statutory protected status for individuals brought to the United States without documentation. At this meeting, as has been widely-published, Donald John Trump made references to people from s-h-i-t-h-o-l-e (or s-h-i-t-h-o-u-s-e) countries. He also questioned why we need more Haitians or people from African countries, proclaiming that we should take them out. Donald John Trump then suggested that Norwegians were better suited to be immigrants to this country, thereby casting contempt on citizens and noncitizens who were welcomed here by previous Presidents due to natural disaster and civil unrest, thereby attempting to convert his bigoted statements into United States policy, associating the presidency and the people of the United States with bigotry, inciting hate and hostility, and sowing discord among the people of the United States on the basis of national origin.
These efforts are clearly illegal in International Law:
The Refugee Convention, 26...requires that:
"[t]he Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin," [Paper]
The International Covenant on Civil and Political Rights, states that:
“[a]ll persons are equal before the law and are entitled without any discrimination to the equal protection of the law." [Paper]
He has since expanded this effort as detailed in Article 2
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