|[i]The phrase high crimes and misdemeanors is found in the U.S. Constitution. It also appears in state laws and constitutions as a basis for disqualification from holding office. Originating in English Common Law, these words have acquired a broad meaning in U.S. law. They refer to criminal actions as well as any serious misuse or abuse of office, ranging from Tax Evasion to Obstruction of Justice. The ultimate authority for determining whether an offense constitutes a ground for impeachment rests with Congress.
The question of whether President Obama and his Administration have been or are guilty of any or all of these crimes can be broken down to 3 separate categories. First the legal argument, secondly the ethical argument and thirdly to moral argument. Legally the first two crimes are extremely difficult to prove because it must be proven to the House of Representatives these crimes were committed with intent. The defense arguments could go on forever stating any bad results from decisions made were the unforeseen results of good intentions. The prosecution would have to show hard evidence in the way of taped conversations, written and or electronic communications. The process begins with the House Judiciary Committee if the committee votes its approval the case is sent to the full House and arguments are again made both for and against impeachment. After the case has been presented the House can vote by a simple majority (50%+1) to impeach under Article 1 of the U.S. Constitution The President, Vice President and all civil officers including Cabinet Members, Federal Judges and Czars as defined by Congress. If any of these officers are impeached the process then moves to the Senate for trial. When the Senate receives the charges the Senators are sworn in as jurors and the process arguments are once again made and presided over by the Chief Justice of the Supreme Court. If the Senate votes by a 2/3rd super majority to convict the accused is immediately removed from office and is liable for prosecution in a civil court. The problem as it stands now is the Democrat’s and Harry Reed control the Senate and a 2/3rd vote is very unlikely. Unless the Republican’s keep control in 2014 of the House and win the Senate Obama will go uncharged.
Seeing Treason is the most difficult charge to convict someone on especially a sitting President let us look at the next two charges. First we have Sedition: Has President Obama and members of his administration been guilty of sedition. Remember the definition: Conduct or speech inciting people to rebel against the authority of a state or monarch. The State being the United States Government that is legally sworn to uphold the Constitution of the United States. I think it should be easily apparent to anyone who pays even the slightest attention to the news that President Obama and his entire administration have tried to divide the country into Social, Economic and Racial groups. The constant daily diatribe against the 1% for not paying their fair share of taxes, against those who are not on government assistance of some kind and unending rhetoric about racial disparity. The current popular campaign is now against Assault Weapons and in the end against the 2nd Amendment. As Obama’s Chief of Staff Rahm Emanuel the current mayor of Chicago once proudly stated “Never let a good crisis go to waste”. With that mind set Obama and his administration along with a more than willing news media has paraded the victim’s families before the camera to make the most use of some very tragic situations. Once again there is a coordinated attempt to separate legal gun owners into a group of uncaring and irresponsible fanatics. Obama claimed to be the champion of Change but it would seem the only change he has managed is a more divided country than when he took office. The comparisons could go on and on but we will move onto the next crime and that being High Crimes and Misdemeanors. This is a category of crime that can be not only charged but successfully passed from the House to the Senate as shown by the Impeachment of Former President Bill Clinton. The question is whether the Congress has the stomach to bring charges against President Obama and members of his administration. There is a great litany of charges to choose from including the Terrorists attack in Benghazi, the Fast and Furious scandal, Recess appointments to the NLRB that have just been ruled unconstitutional and the flagrant disregard of Congress and their Constitutionally mandated approval of presidential appointees. All of these incidents could easily fall into the category of High Crimes and Misdemeanors and could arguably be passed on from the House to the Senate where with the Democrats controlling any case sent from the House would surely be defeated and the charges dropped and forgotten.
As we have seen the chances of the impeachment of this President and his administration officials through the court system stand little chance of being successful. We therefore must then consider the Moral aspect of these crimes.
Treason: The crime of betraying one’s country, esp. by attempting to kill the sovereign or overthrow the government.
Betraying ones country can take many forms one of which is betraying his oath of office. “I do solemnly swear (or affirm) 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.” His open abuse of power in making recess appointments when the Senate was not in recess, his open defiance of Congress in his administrative amnesty for 2 million illegal aliens, his misuse of “executive privilege” in withholding documents and person’s involved pertaining to the illegal Fast and Furious gun walking scandal. Add to that the intentional misleading of the American public about the cause of the Benghazi attack by terrorists. The President, Vice President, Secretary of State, the U.N. Ambassador and numerous Democratic members of the Congress and the State Department all told the same false story. Even after receiving indisputable conformation that the attack on our Benghazi Consulate and the C.I.A. Annex were done by a group of organized terrorists President Obama and his administration officials openly and falsely claimed the attack was the result of an obscure video. A sitting President is also the Commander in Chief of the military and is therefore responsible for the safety and support of Americas military and its personnel and the safety of Americas Foreign Diplomats. Seven hours passed from the beginning of the attack until it was finally over, plenty of time for reinforcements to arrive to help out the besieged defenders of the C.I.A. Annex. General Ham head of AFRICOM had his ready force of Marines ready as soon as he got the same email messages as the White House and State department did. Upon notifying his superiors that his teams were ready to take off he was told to Stand Down. When he insisted on launching the rescue mission he was immediately relieve of his command on the spot. Also Rear Admiral Charles Gaouette, Commander of the USS John C. Stennis’ Carrier Strike Group was relieved of command for undisclosed allegations of inappropriate judgment. Admiral Gaouette had been in contact with General Ham and had prepared a fighter escort for the rescue mission in Benghazi, the Admiral had also been ordered to Stand Down and just his questioning that order got him relieved of him command on the spot. Congress has also told the President and the State Department they wanted to talk to the survivors of the Benghazi attack and have not been given access to this date thus denying Congress their lawful obligation to hold a full investigation of the incident.
Sedition: Conduct or speech inciting people to rebel against the authority of a state or monarch.
Again the State is the Federal Government that is subject to the Constitution of the United States of America and is therefore bound by law to uphold it. President Obama has abused his power as President claiming executive privilege during the Fast and Furious debacle to prevent key personnel from having to testify under oath at a Congressional hearing. He also made unconstitutional recess appointments while the Congress was still in session and in both of these instances blamed the Republican’s for partisanship thereby dividing the country with false accusations. [ii]According to committee chairman Lamar Smith (R-Texas) “The administration has repeatedly put its partisan agenda above the rule of law,” and “In doing so, it has eroded the constitutional and legal foundation that have kept America prosperous and free for over 200 years.” By unconstitutionally naming 3 members to the National Labor Relations Board the President has opened up a legal battle that is sure to come because of any decisions made and put into action by these wrongfully appointed members. The argument can be made that all decisions made are now invalid and there is a president for such an argument set forth when the Supreme Court ruled in New Process Steel v. NLRB that some 600 decisions made by the NLRB without a three-member quorum were invalid. President Obama also violated the Constitution by informing the Justice Department that certain young people were exempt from the Dream Act, the President is the chief enforcer of the law not the creator or modification of a law passed by Congress who has the sole authority to create and pass Federal Laws.
High Crimes and Misdemeanors
President William Jefferson Clinton found he was guilty of such a charge as a result of the Lewinski scandal and was summarily impeached for his actions. As shown President Obama has taken these charges to a new level. President Obama is often credited as being a brilliant constitutional layer and should know from his studies and practice that his actions sited are blatantly unconstitutional and are therefore intended in their attempt to usurp the authority of Congress and to ignore the tenants set forth in the Constitution itself. Consider also his blatant lying to the American people about the causes of the Benghazi attack because it was politically embarrassing right before the election. His afore mentioned unconstitutional of recess appointments to the NLRB, his obstruction of justice by using executive privilege to hinder a Congressional investigation of the Fast and Furious investigation and his unlawful orders to not enforce existing immigration laws all prove to an ever growing number of Americans that President Obama is at the least guilty of High Crimes and Misdemeanors. As more and more of his decisions and enactments are appealed to the Supreme Court it will be clear to all that his intentions are to usurp the authority of Congress and to blatantly ignore and disregard the Constitution of the United States.
Watch for the next Sentinel Alert coming soon.