Reforms Needed to save our Federal Republic

In an article titled: Post-Roger Stone: Ten ideas for repairing Trump’s justice system By Jennifer Rubin, She writes:

“President Trump granting clemency to his crony Roger Stone, who served as the go-between for the Trump campaign and WikiLeaks, on practically the eve of Stone’s incarceration for multiple crimes attendant to his coverup on behalf of the president, is grotesquely corrupt but unsurprising.”

She recounts the latest Cassus Belli of Trump's perfidy

She notes that “Stone virtually confessed to a quid pro quo,” (To me he was boasting), telling Howard Fineman,

“He [Trump] knows I was under enormous pressure to turn on him. It would have eased my situation considerably. But I didn’t.”

I don't think anyone with integrity doesn't feel that this wasn't a high crime and a misdemeanor.Rubin writes:

“Silence for clemency. A separate system of justice for the president’s henchmen. This is the very definition of corruption.”

Former Candidate Romney put it baldly in a tweet:

"Unprecedented, historic corruption: an American president commutes the sentence of a person convicted by a jury of lying to shield that very president." Link to Tweet

She reports:

“By this action, President Trump abused the powers of his office in an apparent effort to reward Roger Stone for his refusal to cooperate with investigators examining the President’s own conduct,”

She also reports how House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) and Oversight and Reform Committee Chairwoman Carolyn B. Maloney (D-N.Y.) said in a written statement released Friday:

“No other president has exercised the clemency power for such a patently personal and self-serving purpose.”

Actually, her hero George Herbert Walker Bush, exercised his clemency and pardon powers in 1992 for just such a patently corrupt and self serving cause when he pardoned the perps in the Iran Contra scandal. But what counts with Republicans is what they are doing now, so I can forgive past crimes as long as folks have seen the light. This post is about her suggestions for fixing the problems. I'm endeavering to analyze the problem by critiquing her suggestions. Most of them are obvious or things that were taken out of the law due to misuse or to protect the wrong people. Any reforms made should be based on firm Constitutional Grounds. And if that is not adequate, it might take a Constitutional Amendment.

Related Posts

Iran Contra and Bill Barr

Trump Got His Chaika

Impeachment As Regulation

Clarify Impeachment

Nancy Pelosi was asked about President Trump's plan to commute Roger Stone's sentance and replied that she is looking into legislation that would forbid the President using his pardon power that way.  This is exactly the scenario I forsaw 2 years + ago.  

Simplistic legislation would probably fail a constitutional test. But there is a way to proceed that might succeed. There are two basis for this.

The house has "Sole Power of Impeachment"

That means not only does the house have the power to impeach executive & Judiciary members, but it has the power to write the rules of impeachment.  That means they can define the officers and offices involved, procedures, entry points and when and how a case should go to the Senate for trial.

Except In Cases of Impeachment

As I noted before, the President:

“shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."

Thus the power to pardon is limited by impeachment.  So the House should be able to stop the President using his pardon power? But how.

Simply forbidding him won't work. He is not impeached at the moment because the case went to the Senate and they acquitted him.  SCOTUS would laugh such a law out the door.

Define the rules of impeachment

What congress needs to do is the opposite of what they have done in the past. The house needs to make impeachment part of its regular order, defining what can be impeached and setting up administrative bodies combining the powers of special prosecutors and Inspector Generals to police those infractions.

Open Impeachment

Essentially the house needs to have an open impeachment inquiry run by an inspector general under the supervision of a house Impeachment committee and define the terms under which individuals are part of an impeachment inquiry into the President and he cannot pardon them, or they are under the panels protection until it goes to trial in the Senate. It would function like a grand jury except legal products would become parts of censure resolutions & legislation.

Nancy can use Roberts 4 guidelines as input into defining impeachment legislation.

Related Posts

http://holtesthoughts.blogspot.com/2018/12/why-congress-must-impeach-trump.html?m=1

Scrutiny and the Courts

Thousands of U.S. judges who broke laws or oaths remained on the bench

In a research article published by Reuters: (https://www.reuters.com/investigates/special-report/usa-judges-misconduct/) They report on how too many judges at state and local level have been given immunity, impunity and passes to commit crimes themselves. Worse their victims have found it nearly impossible to get compensation or accountability when they've been clearly harmed by the behavior of the judges. The article sums itself as follows:

Reuters Report

Oversight including Impeachment

Impeachment Process is Oversight Process

I started this Post around June. I was listening to Representative Jerry Nadler, who heads the Judiciary Committee that would become an impeachment inquiry, and he was talking about "time constraints" and the difficulty of impeaching the President. It made me think, it really is difficult to impeach anyone. And that degrades the power of impeachment and attenuates its potential effectiveness. But:

Is that a real problem or an example of bad process? In this era of gigantic government, where too much power is already delegated to the executive, aren't these matters of "bad constitution" rather than things we can't address? If so then they reflect antiquated process and that should be dealt with. In this post I include a few suggestions on how to modernize that process without a new constitutional amendment.

What are the benefits if the House impeaches anyway?

What Would Impeachment Accomplish Now?

The benefits of the House impeaching the President anyway are:

1. Doing so will Document Trump's crimes.
2. This will provide input evidence for prosecutions once he's out of office.
3. Doing this will hammer home to the general public the depth of Trump's perfidy.
4. This will rebuke and may even shame the shameless Republicans in the House and Senate.
5. This may help us defeat him electorally.

For this reason, impeachment articles are worth doing, even with the knowledge that they'll get to the Senate and be ignored or tabled. It is my belief that each Article should focus on one set of infractions, document the criminality and abuse of power and why they are reason for impeachment. The reason for separate articles is that they should result in separate prosecutions, changes in law and impeachment/prosecution of co-conspirators. I personally like the "Drip Drip of investigations" idea. There are at least 8 or 9 articles needed, by my count, and each of them embraces several to hundreds of counts. For more on this see:

Impeachment Articles

Meanwhile this post addresses ideas for improving our antiquated process:

Article 9 – Misappropriation of Funds

Donald J. Trump, in his perfidious effort to build a vanity wall along the border, and in pursuit of goals not justified in legislation has misused his emergency powers and misappropriated funds in order to fund and build detention camps and his wall and fund his concentration camps. [Draft]

Violations of Statutes

31 U.S. Code § 1301. Application

1. Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.
2. The reappropriation and diversion of the unexpended balance of an appropriation for a purpose other than that for which the appropriation originally was made shall be construed and accounted for as a new appropriation. The unexpended balance shall be reduced by the amount to be diverted.
3. An appropriation in a regular, annual appropriation law may be construed to be permanent or available continuously only if the appropriation—

1. is for rivers and harbors, lighthouses, public buildings, or the pay of the Navy and Marine Corps; or
2. expressly provides that it is available after the fiscal year covered by the law in which it appears.

4. A law may be construed to make an appropriation out of the Treasury or to authorize making a contract for the payment of money in excess of an appropriation only if the law specifically states that an appropriation is made or that such a contract may be made.

The Donald J Trump Admin have claimed that they are authorized to misapply these funds based on their invocation of Emergency powers:

Sec. 601. Declaration of policy (42 U.S.C. 5195)

The purpose of this title is to provide a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government and the States and their political subdivisions. The Congress recognizes that the organizational structure established jointly by the Federal Government and the States and their political subdivisions for emergency preparedness purposes can be effectively utilized to provide relief and assistance to people in areas of the United States struck by a hazard. The Federal Government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance, as authorized in this title so that a comprehensive emergency preparedness system exists for all hazards.

Sec. 626. Authorization of Appropriation and Transfers of Funds (42 U.S.C. 5197e) (a) Authorization of Appropriations - There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title. (b) Transfer Authority - Funds made available for the purposes of this title may be allocated or transferred for any of the purposes of this title, with the approval of the Director of the Office of Management and Budget, to any agency or government corporation designated to assist in carrying out this title. Each such allocation or transfer shall be reported in full detail to the Congress within 30 days after such allocation or transfer. [page 80]

https://www.law.cornell.edu/uscode/text/31/1301

https:/c/www.fema.gov/media-library-data/1519395888776-af5f95a1a9237302af7e3fd5b0d07d71/StaffordAct.pdf

https://www.scotusblog.com/2019/07/justices-allow-government-to-go-ahead-with-funding-for-border-wall/

Article 6 – Corruption and Bringing corrupt officers into his administration

Article 6 – Corruption; Bringing a corrupt regime to government with corrupt officers.

Donald J trump has used his Corrupt Trump Organization to enrich himself once in office, using extortion and blackmail to silence critics, lying to Congress to cover up those violations and hiring corrupt lieutenants and officers to protect him or to help him engage in corrupt practices. These are the kinds of crimes that call into question the very continuation of our republic as a well run Federation with Democratic controls on the three branches. The president has abused his power, violated the emoluments clause, in order to engage in corrupt behavior himself. He also has brought in a corrupt organization of lieutenants who have likewise abused their power.

Article 7 – Systematic Obstruction of Justice

*note someone else created this meme. I'm using it without permission only because I don't know who created it. It cites where they got it from. I use it because it summarizes what is in the report.

This is a mock up of how, if I were a congressperson, I'd word an article of Impeachment.

Article 3 – Fraud: Abused his Trust as President by continual lies and frauds

Article 3: – Fraud: Abused his Trust as President by continual lies and frauds

[Draft]

Trump, since before assuming his office, has shown continual contempt for the laws and traditions of the United States, which he has expressed by continual lies and misrepresentations. Vanity Fair counted at least 9,179 (Vanity Fair) by March 2019, the current count is over 10,000+ whoppers since taking the oath of office. While many of these lies are legal, some of them are illegal, many misdemeanors, some point to felonies.

We hold him in contempt of Congress for the lies, but the ones that are crimes represent potential for corruption, a corrupting influence on the rest of the country and unless he is held to account he and others will continue to violate law and standards of proof.

Summary

• Lying about the path of Hurricane Dorian. On September 1st he claimed that Dorian might hit Alabama, which was erroneous. When confronted with that lie, he doubled down and on September 4th he presented a doctored weather map showing a sharpied in circle over Alabama, which was added. The mistake was something anyone can make, but he insists he never made a mistake. This is a misdemeanor. 18 U.S. Code § 2074. False weather reports

“Whoever knowingly issues or publishes any counterfeit weather forecast or warning of weather conditions falsely representing such forecast or warning to have been issued or published by the Weather Bureau, United States Signal Service, or other branch of the Government service, shall be fined under this title or imprisoned not more than ninety days, or both.”

• Financial Fraud lies

Article 4 – USC30121: Election Campaign Violations

Article 4 – USC30121: Illegal Election campaign contributions and working with foreign powers to win election

Statement of Offense

Donald J. Trump, even before becoming President of the United States operating as a criminal enterprise and committed election law violations and corrupt actions in contempt of law and ethical standards. He has solicited, taken and profited from aid, "things of value", from foreign governments. He has sought and taken contributions to his campaigns from foreign powers since he was candidate Donald Trump.

Sought and accepted assistance from the Russians in getting "dirt on Hillary Clinton"

Has purged counter-intelligence, law enforcement and other personnel from the office to protect foreign powers.

Article 8 – Stonewalling and Misuse of Executive Privilege

Donald J. Trump in his role as President, his Attorney General William P. Barr, are asserting dictatorial powers by asserting the doctrine of "unitary executive", by their misuse of executive privileges and emergency powers.

Complaint

This administration has refused to cooperate with Congress, respect the laws of the United States or the separation of powers, specifically, congresses power over the purse. Trump has stonewalled Congressional efforts to get information from his officers, barred his lieutenants from testifying on matters within the scope of the House's oversight functions, and claimed a fictitious version of Executive privilege to justify this stonewalling and lack of cooperation. As a consequence he has obstructed justice, diverted funds from their intended use, and broken a number of laws. More importantly he is usurping powers reserved to the legislature and asserting dictatorial powers by doing these things.

Article 1 – Willful failure to respect the Constitution and rule of law

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:”

Article 2: – Perfidy:Donald Trump's cruel abuse of Power, engaging in Cruel and Genocidal Actions

Article 2: – Perfidy:Donald Trump's cruel abuse of Power, engaging in Cruel and Genocidal Actions

Donald J. Trump, in his capacity as President of the United States, unmindful of his duties and responsibilities has engaged in illegal, extra-legal and genocidal behavior. This behavior violates international law and norms, US law, and has resulted in numerous deaths and harm to persons in his trust. Donald John Trump has escalated from the racist and bigoted speech, threats and incitement of his first few years into efforts to build concentration camps for immigrants, asylum seekers and to begin to build the infrastructure needed to commit genocide and ethnic cleansing.

Criminal and Unconstitutional Actions

In his efforts to end what he calls “chain migration”

• separated parents from children,
• indefinitely detained people not even charged yet, with misdemeanor border crossing.
• indefinitely detained asylum seekers who previously would have been released to family.
• separated children from their parents in order to deem their children as abandoned.
• Closed legal crossings thereby causing the death of migrants forced to either wait at the border or to perilously cross deserts and rivers.
• Endangered people in his custody via over-crowding, indefinite detention and cruel treatment.
• Caused the unnecessary deaths of migrants and children of migrants.
• Detained US Citizens refusing to accept their proof of identification.
• By these means he has violated laws requiring humane treatment of people in the custody of the United States.
• Imposed a ban on Immigration from Muslim, African and other non-European countries.
• Sought to revise general immigration law to deny green cards to legitimate applicants.

Article 5 – Emoluments; Soliciting and Taking Emoluments in defiance of the Constitution.

Article 5 – Emoluments; Soliciting and Taking Emoluments in defiance of the Constitution.

https://www.citizensforethics.org/2000-trump-conflicts-of-interest-counting/

Donald J. Trump and his family have displayed a contempt for his office by his actions and inactions. He has shown a flagrant disregard for the emoluments clause and and the rules and laws that Presidents are supposed to abide by.

Impeachment Articles

The Trump administration is accused of many crimes.

List of Article Subjects

Each of these articles should have multiple counts when completed, along with a statement of why those are criminal and/or impeachable. Each Article should describe:

A. Criminal or constitutionally abusive Actions.

B. Evidence of Criminal, lawless or abusive ongoing Intent.

C. Evidence of abuse of power and harm to individuals or country.

D. Description of the laws or constitutional requirements violated.

E. Remedy for these violations.

Each Article should provide:

Summary list

1. Trump Organization Criminal Behavior in using the Corrupt Trump Organization to commit Campaign Violations, using extortion and blackmail to silence critics, and lying to Congress to cover up those violations.
2. Incapacity/Negligence: He has failed to execute faithfully the laws of the country.
3. Perfidy: Abused his power in cruel and Genocidal manner.
4. Fraud: Abused the Trust of his Voters by continual lies and frauds.
5. Violating Spirit of USC 30121: Solicited illegal contributions of propaganda and interference from foreign nationals and governments alike. Defending and encouraging these purveyors of propaganda and their assaults on our system of elections.
6. Emoluments: Sought emoluments from Citizens, Foreign persons and Citizens and engaged in policies that reflect those emoluments and not the best interests of the Country.
7. Corruption: Created a culture of corruption and abuse of power in his administration.
8. Obstructing of Justice detailed in the Mueller Report
9. Continual Obstruction of Justice via stonewalling and misuse of Executive Privilege to obstruct congress.

I'm going to move the individual articles to separate posts. and then this page will have references to them. This is too much for a single post.