Tag Archives: impeachment

The Wind That Blows

offtheedgeWhat’s lost in the current impeachment debate is the fundamental disregard for the law – like it can be ignored with impunity.

When in NY with friends, I offered up a passage from Robert Bolt’s “A Man for All Seasons” about why the law matters, why its disregard is not harmless but is devastating.

Sir Thomas More’s son in law, Roper, instructs More to just say he’s devoted to a faith More did not embrace, and thus to save himself.

This is the exchange -

Roper: So now you’d give the Devil benefit of law!

More: Yes. What would you do? Cut a great road through the law to get after the Devil?

Roper: I’d cut down every law in England to do that!

More: Oh? And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat? This country’s planted thick with laws from coast to coast — man’s laws, not God’s — and if you cut them down — and you’re just the man to do it — d’you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake. Continue reading

High Time To Impeach?

Inaug_Capitol_at_dawn2

Our Chief Executive, Donald Trump, has been under investigation, starting with the 2016 presidential campaign, when he was a candidate, for selling out the nation to the Russians to get elected.

Perhaps, in exchange, Trump was expected to ease sanctions against Russia should he get elected.

Russia’s digital black jobs and widespread high tech deceits were contrived to influence the election entirely to Trump’s benefit.

Former FBI Director Comey refused to assure Trump he was not under investigation, nor would he give Trump’s security adviser Mr. Flynn a pass for concealing talks that Flynn had about sanctions with the Russian Ambassador.

Trump fired Comey because of the Russian investigation, and said so.

After 22 months, Special Counsel Robert Mueller, who picked up where Comey left off, had a lot to say about Russia’s misconduct, but reserved his most forceful analysis for 10 instances of obstruction by Mr. Trump.

Mueller wrote a road map for the U.S. Congress to consider possible impeachment.

Remember how Shakespeare wrote of a ruler’s corrupting influence on a nation state.

Hamlet said, “The time is out of joint; – O cursed spite.”

He continued, “That ever I was born to set it right!”

Our time is “out of joint” and we must very soon “set it right.” Continue reading

The U.S. constitution bars President-elect Donald Trump from becoming President unless…

THE U.S. CONSTITUTION BARS

PRESIDENT-ELECT DONALD TRUMP

FROM BECOMING PRESIDENT UNLESS…

Stock Photo of the Consitution of the United States and Feather Quill

__________________________

Prepared by

The Honorable John P. Flannery, II[1]

____________________________

 

Alexander Hamilton, “One of the weak sides of republics, among their numerous advantages, is that they afford too easy an inlet to foreign corruption.”[2]

 

  1. I.                   PRELIMINARY REMARKS

President-elect Donald J. Trump must disavow and disassociate himself from his extensive and complex personal holdings in foreign nation states, lest he blatantly disregard the constitutional prohibition that seeks to insulate the President, however virtuous, from the corrupting influence of foreign governments.

Any President-elect, in order to assume the office of President, must take the following oath:

“I do solemnly swear … that I 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 (underscoring supplied).”

President-elect Donald Trump will violate his oath of office and a critical constitutional precondition for serving as our Chief Executive unless, before he takes the oath, he separates himself completely from all favors and profits, so-called emoluments, from every other nation state.

The “emoluments clause” in the United States Constitution, at Article I, Section 9, clause 8, says, in relevant part, that “no person holding any office of profit or trust shall, without the consent of Congress, accept any present, emolument, office or title, of any kind whatever, from any king, prince or foreign state (underscoring supplied).”

This provision is mandatory, as expressed by the word, “shall,” and not permissive, as would be suggested were the word, “may.”  There was a similar anti-corruption provision in the Articles of Confederation strengthened in the U.S. Constitution by making the provision mandatory – “shall.”

President-elect Trump estimates his personal wealth at $10 billion, and occupies the unprecedented status as a President-elect both of having great wealth and more off shore holdings and foreign entanglements than any previous President-elect.

Worse, the full extent of Mr. Trump’s holding are unknown despite repeated demands that he disclose the full extent of his business “empire.”

According to published reports, Mr. Trump has shunned all advice to date to come to grips with this looming constitutional violation.

In fact, Mr. Trump has said that, as President, he “can’t have a conflict of interest,” akin to the much-criticized formulation President Nixon once invoked, sounding, royally, as a presidential prerogative, entitling the President to be above the law binding everyone else.

Mr. Trump’s anorexic financial disclosures combined with what journalists have uncovered about his offshore holdings beg the question whether Mr. Trump can resist the understandable self-serving impulse to favor his foreign business interests over the interests of the nation.

If Mr. Trump does not cure this divided loyalty, and disregards the constitutional dictate of the emoluments clause barring his easy tolerance of the corrupt conflicting influence of foreign nation states, he risks, indeed he invites, an impeachment resolution under Article 2, Section 4 of the United States Constitution, and it will happen sooner or later, for his abject failure to insulate the office of President from foreign influence.

Mr. Trump may seem immune from impeachment given the electoral reality of Republican majorities in both Chambers of the U.S. Congress.

We should not assume, however, that party loyalty is so ethically elastic that Mr. Trump may forever enjoy an unlimited license to indulge his divided loyalty, to his business’ advantage, no matter what is the best interest of the nation. Continue reading