Monday, September 9, 2019

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.
  1. 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/

Tuesday, September 3, 2019

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.

Thursday, August 8, 2019

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:”