Dear Esteemed Representative Jerry Nadler.
Just before Christmas I shared my opinion with Speaker Nancy Pelosi that Congress must open impeachment hearings. At that time I suggested that you do so:
“Not initially into the President, but into Whitehouse and Cabinet officials who, past and present, have abused their office.”
Since then you, Rep Jerry Nadler have been conducting hearings that could be turned into an Impeachment Inquiry. We all support and applaud your efforts.
Impeachment as a Prophylactic on Abuse of Power
It is my believe that this needs to be done and is even more urgent now than before.
“The purpose of Impeachment hearings is not merely to focus on the lawbreaking of these officials, which is obvious, but to stop them from committing high crimes and misdemeanors or the President from using his Pardon Power to help them get away with it.”
I believe that a case can be made that the use of the impeachment power should stop the ability of the President to obstruct justice via impeachment. As quoted in the Meme above, the President
“shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
With the recent evidence of Trump dangling pardon's to people contemplating breaking the law, it is imperative that something be done to block him from using pardons to obstruct justice. See:
“Trump told CBP head he'd pardon him if sent to jail,” CNN
I believe you can make it impossible for Trump to use the Pardon power that way. It is time to open impeachment hearings, starting with inquiries into Bill Barr, Mnuchin and other officials who are violating USA law. Accompanying that I'd suggest you file an injunction with the courts against any impeachments related to those hearings.
Prophylactic Purpose
Time and time again, have gotten pardoned for relatively minor crimes that, however, reflect disregard for rule of law. These people may not have killed anyone, but they have shown that they are not fit for office. Indeed, that is the purpose of impeachment. Not to punish criminal behavior, that is for the courts, but to remove people from government who are a plague to it or a threat to the constitution. Impeachment serves a prophylactic purpose against traitors, grafters, grifters and privateers.
“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
In August 9 1974 Richard Nixon resigned from the Presidency. Soon after that Gerald Ford Pardoned Nixon, which shut down a number of investigations, not only into Richard Nixon, but into Nixon's veritable army of co-conspirators, including some minor players who went on to become republican operatives and into bigger and better crimes. At the time we took this to mean that even the President was not above the law. But some of those minor players came back when Reagan was elected, and the Reagan Administration showed even less respect for congress and the rule of law. Ford was able to pardon Nixon, only because he had not been impeached.
Nobody in the Reagan Administration, nor in the subsequent George HW Bush Presidency. Yet there was an investigation from 1986 to 1992. Despite that investigation being impeded by grants of immunity, deliberate cover-ups and obstruction of justice, that investigation detailed the high crimes and misdemeanors of a continuing program of lawlessness that ran from 1985 til the investigation was shut down after George HW Bush pardoned the perps. They got away with it, because nobody in the Reagan or Bush administrations had been impeached.
In 1992, at least partly on the advice of Bill Barr.
“On December 24, 1992, President George H.W. Bush granted pardons to six defendants in the Iran-Contra Affairs. The defendants were Elliott Abrams, a former assistant secretary of state for Central America; former National Security Adviser Robert McFarlane; former CIA officials Duane Clarridge, Alan Fiers, and Clair George; and former Secretary of Defense Caspar Weinberger.” [Brown Article]
The experience of the Walsh investigation shows why Congress has a DUTY to impeach those responsible for wrong doing and not to look the other way covered by talk of "moving on." Congress has a duty to impeach officials engaged in wrong doing and not rely on prosecutors and courts because the President has Pardon power and only impeachment limits that power. The President has:
“Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” [COTUS: Article 2, Section 2 1st paragraph.]
If we don't want President Trump to pardon his way out being punished for his criminality, then Congress must impeach the officials involved and open an impeachment investigation. This is necessary, not only to ensure the President is brought to justice, but to prevent him from using the pardoning power to avoid responsibility. If he should start to pardon the perps in this case, any such pardons should be challenged in the Supreme Court. Additionally, if there is evidence of congressmen or of Supreme Court Justices seeking to aide him in obstructing justice, they need to be subject to impeachment hearings too.
