Archive for the ‘Constitution’ Category

CAN A PRESIDENT OBSTRUCT JUSTICE?

Wednesday, December 13th, 2017

 

THE WALL STREET JOURNAL

Can a President Obstruct Justice?

Yes, but not by doing any of the things we know Trump to have done.

Monday, December 11, 2017
by David B. Rivkin Jr. and Lee A Casey    Messrs. Rivkin and Casey practice appellate and constitutional law in Washington. They served in the White House Counsel’s office and Justice Department in the Reagan and George H.W. Bush administrations.

Speculation about Special Counsel Robert Mueller’s investigation has turned toward obstruction of justice—specifically, whether President Trump can be criminally prosecuted for firing James Comey as director of the Federal Bureau of Investigation or for earlier asking Mr. Comey to go easy on onetime national security adviser Mike Flynn. The answer is no. The Constitution forbids Congress to criminalize such conduct by a president, and applying existing statutes in such a manner would violate the separation of powers.

The Constitution creates three coequal branches of government, and no branch may exercise its authority in a manner that would negate or fundamentally undercut the power of another. The power to appoint and remove high-level executive-branch officers, such as the FBI director, is a core aspect of the president’s executive authority. It is the principal means by which a president disciplines the exercise of the executive power the Constitution vests in him.

 

The same is true of Mr. Trump’s request, as purported by Mr. Comey: “I hope you can see your way clear . . . to letting Flynn go.” The FBI director wields core presidential powers when conducting an investigation, and the president is entirely within his rights to inquire about, and to direct, such investigations. The director is free to ignore the president’s inquiries or directions and risk dismissal, or to resign if he believes the president is wrong. Such officials serve at the president’s pleasure and have no right to be free of such dilemmas.

A law criminalizing the president’s removal of an officer for a nefarious motive, or the application of a general law in that way, would be unconstitutional even if the president’s action interferes with a criminal investigation. Such a constraint would subject every exercise of presidential discretion to congressional sanction and judicial review. That would vitiate the executive branch’s coequal status and, when combined with Congress’s impeachment power, establish legislative supremacy—a result the Framers particularly feared.

Mr. Trump’s critics claim that subjecting the president’s actions to scrutiny as potential obstructions of justice is simply a matter of asking judges to do what they do every day in other contexts—determine the purpose or intent behind an action. That is also wrong. The president is not only an individual, but head of the executive branch. Separating his motives between public interests and personal ones—partisan, financial or otherwise—would require the courts to delve into matters that are inherently political. Under Supreme Court precedent stretching back to Marbury v. Madison (1803), the judiciary has no power to do so. And lawmakers enjoy an analogous immunity under the Speech and Debate Clause.

The president’s independence from the other branches does not merely support “energy” in the chief executive, as the Framers intended. It also ensures that he, and he alone, is politically accountable for his subordinates’ conduct. If officials as critical to the executive branch’s core functions as the FBI director could determine whom and how to investigate free from presidential supervision, they would wield the most awesome powers of government with no political accountability. History has demonstrated that even when subject to presidential authority, the FBI director can become a power unto himself—as J. Edgar Hoover was for decades, severely damaging civil liberties.

There are limits to presidential power. The Constitution requires the Senate’s consent for appointment of the highest-level executive-branch officers—a critical check on presidential power. The Supreme Court has upheld statutory limits—although never involving criminal sanction—on the removal of certain kinds of officials. But the decision to fire principal executive-branch officers like the FBI director remains within the president’s discretion. A sitting president can also be subjected to civil lawsuits—but only in a carefully circumscribed fashion, to avoid impeding his ability to discharge the powers of his office.

The ultimate check on presidential power is impeachment. Even though Mr. Trump cannot have violated criminal law in dismissing Mr. Comey, if a majority of representatives believe he acted improperly or corruptly, they are free to impeach him. If two-thirds of senators agree, they can remove him from office. Congress would then be politically accountable for its action. Such is the genius of our Constitution’s checks and balances.

None of this is to suggest the president has absolute immunity from criminal obstruction-of-justice laws. He simply cannot be prosecuted for an otherwise lawful exercise of his constitutional powers. The cases of Richard Nixon and Bill Clinton —the latter impeached, and the former nearly so, for obstruction of justice—have contributed to today’s confusion. These were not criminal charges but articulations of “high crimes and misdemeanors,” the constitutional standard for impeachment.

And in neither case was the accusation based on the president’s exercise of his lawful constitutional powers. If a president authorizes the bribery of a witness to suppress truthful testimony, as Nixon was accused of doing, he can be said to have obstructed justice. Likewise if a president asks a potential witness to commit perjury in a judicial action having nothing to do with the exercise of his office, as Mr. Clinton was accused of doing.

Although neither man could have been prosecuted while in office without his consent, either could have been after leaving office. That’s why President Ford pardoned Nixon—to avoid the spectacle and poisonous political atmosphere of a criminal trial. In Mr. Trump’s case, by contrast, the president exercised the power to fire an executive-branch official whom he may dismiss for any reason, good or bad, or for no reason at all. To construe that as a crime would unravel America’s entire constitutional structure.

Messrs. Rivkin and Casey practice appellate and constitutional law in Washington. They served in the White House Counsel’s office and Justice Department in the Reagan and George H.W. Bush administrations.

 

 

 

 

 

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IMPORTANT – INTERVIEW WITH SARA CARTER RE OBAMA/CLINTON RUSSIAN COLLUSION

Wednesday, October 25th, 2017

 

This is a very important audio interview that Gadi Adelman, a counter terrorism expert,  just sent of his Israeli Talk Radio interview with Sara Carter of Circa News    – www.circa.com/staff/sara-carter – BIO OF SARA CARTER
(She is an absolutely  fascinating and accomplished woman and award winning investigative journalist)   Nancy  P.S. WARNING –   I’m flying home tomorrow and have an unbelievable back log of articles to send out !!! 
INTERVIEW WITH SARA CARTER




“All that is necessary for the triumph of evil is that good men do nothing”
Edmund Burke 1729-1797

Lan astaslem (لن استسلم‎)
“I will never surrender/I will never submit”.

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MUSLIM CANDIDATES AIM FOR HOUSE, SENATE AND GOVERNOR’S MANSION IN 2018

Wednesday, October 25th, 2017

 

I am still on vacation  on the island of Kauai but trying to catch up on all the emails.  This article really stands out and should be taken very seriously.  Pease share with your email lists.  
Click on the Jet Pac, Inc. (mentioned in article below)  link  to fully understand what this Muslim activist  organization plans to do.     Nancy 
 www.jet-pac.com/pressrelease/ –  JET-PAC, INC  JETPAC INC KNOWS WHAT IT TAKES TO WIN CAMPAIGNS, AND WE’RE TRAINING COMMUNITY LEADERS ACROSS THE COUNTRY! NOW IT’S YOUR TURN, TO LEARN THE SKILLS NECESSARY TO MAKE REAL CHANGE:
PJ MEDIA

Muslim Candidates Aim for House, Senate and a Governor’s Mansion in 2018

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ELECTORAL COLLEGE STATISTICS – WHY TRUMP WON

Wednesday, September 27th, 2017

 

 www.allenbwest.com/2016/11/29/numbers-shut-liberals-electoral-college/

 

These are very interesting statistics concerning the electoral college presented by Allen West. The purpose of the college is to insure that each state is fairly represented.

 

There are 3,141 counties in the United States.

Trump won 3,084 of them.
Clinton won 57.

There are 62 counties in New York State.

Trump won 46 of them.
Clinton won 16.

Clinton won the popular vote by approx. 1.5 million votes.

In the 5 counties that encompass NYC, (Bronx, Brooklyn, Manhattan, Richmond & Queens) Clinton received well over 2 million more votes than Trump. (Clinton only won 4 of these counties; Trump won lRichmond)

Therefore these 5 counties alone, more than accounted for Clinton winning the popular vote of the entire country.

These 5 counties comprise 319 square miles.
The United States is comprised of 3, 797,000 square miles.

When you have a country that encompasses almost 4 million square miles of territory, it would be ludicrous to even suggest that the vote of those who inhabit a mere 319 square miles should dictate the outcome of a national election.

Large, densely populated Democrat cities (NYC, Chicago, LA, etc) don’t and shouldn’t speak for the rest of our countryJY

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VIDEO – EXPOSING THE DEEP STATE – JUDICIAL WATCH

Saturday, September 16th, 2017

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VIDEO – THE CONSTITUTION SONG – SUNG BY CHILDREN !

Friday, September 1st, 2017

 

What a great way to teach children about our founding values      Enjoy  !

 biggeekdad.com/2017/08/the-constitution-song/

The Constitution Song

“We the People” is a song about the Constitution of The United States of America sung by third graders and a fifth-grade rapper. In this music video, they sing the Preamble to the Constitution in celebration of Constitution Day on September 17th of each year. This song was composed and produced by Sandy Wilbur who is working to help kids in grades K-8 learn history through music. I hope that this song helps people to remember that we are one nation of people who share the same fundamental values.

 

 

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VIDEO – A CLOSER LOOK AT DIVISION IN AMERICA – HANNITY

Friday, August 18th, 2017

 

HANNITY – WHAT THE MEDIA GET WRONG ABOUT CHARLOTESVILLE
   August 16, 2017   A CLOSER LOOK AT DIVISION IN AMERICA
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VICTOR DAVIS HANSON – REGIME CHANGE BY ANY OTHER NAME?

Wednesday, May 31st, 2017

 

www.nationalreview.com/article/447864/trump-critics-left-right-want-him-removed

 NATIONAL REVIEW

REGIME CHANGE BY ANY OTHER NAME?
by VICTOR DAVIS HANSON   — NRO contributor Victor Davis Hanson is a senior fellow at the Hoover Institution and the author of The Second World Wars: How the First Global Conflict Was Fought and Won, to appear in October from Basic Books

May 22, 2017 

EXCERPT FROM THIS ARTICLE:   We are now watching insidious regime change, aimed at removing the president of the United States not because of what he has done so far, but because of his personality and what he might do to the Obama agenda — and because for a variety of cultural reasons, our elite simply despises his very being.

Truth or consequences? Obama skated for far worse misdeeds. Election machines in three states were not hacked to give Donald Trump the election. There was never a serious post-election movement of electors to defy their constitutional duties and vote for Hillary Clinton. Nor, once Trump was elected, did transgendered people begin killing themselves in alarming numbers. Nor were there mass resignations at the State Department upon his inauguration.

 

Nor did Donald Trump seek an order to “ban all Muslims” from entering the U.S. Instead, he temporarily sought a suspension in visas for everyone, regardless of religion, from seven Middle Eastern states that the Obama administration had earlier identified as incapable of properly vetting travelers to the U.S. The first lady did not work for an elite escort or prostitute service. She never said that she and young Barron Trump would not be moving to the White House. Barron does not have autism. Trump’s father never ran racist ads as a supposed candidate in a purported political campaign. Kellyanne Conway denies that in a private conversation between segments on MSNBC, she privately remarked to hosts that she had to take a shower after working for Trump. Donald Trump never suggested to the Mexican president that the U.S. was going to invade Mexico. Nor did Trump plan to mobilize the National Guard to send back illegal aliens. He did not remove a Martin Luther King bust from the White House. There was no evidence that he ever promised to ease Russian sanctions (much less that he promised the Russians he would be “flexible” after he was elected). He did not short the FBI of resources to conduct an investigation into supposed Russian collusion. He did not go to Moscow and watch prostitutes in his bed urinate where Barack Obama had previously slept. His deputy attorney general did not threaten to resign over the Comey firing.

(more…)

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VIDEO – OBAMA’S NSA CONDUCTED ILLEGAL SEARCHES ON AMERICANS FOR YEARS

Tuesday, May 30th, 2017

 

OBAMA’S NSA CONDUCTED ILLEGAL SEARCHES ON AMERICANS FOR YEARS 

On Wednesday, May 24, 2017,  Judicial Watch Director of Investigations and Research, Chris Farrell,  appeared on “Lou Dobbs Tonight” on the Fox Business Network to discuss the NSA under Obama routinely violated American privacy protections by conducting illegal searches for years.

“The Constitution is at risk”………”there has got to be a criminal prosecution”
VIDEO  

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VIDEO – OBAMA’S NSA USED FOR POLITICAL INTELLIGENCE

Friday, May 26th, 2017

 

 

Unprecedented documented crimes, and almost no coverage—yet.

VIDEO

www.youtube.com/watch?v=QSygF17_foc&feature=youtu.be

 JUDICIAL WATCH

On Watch: Episode 16 – Obama NSA used for domestic political intelligence & violated Constitution

 

Published on May 25, 2017

 

View the Top-Secret FISA court order

 

 here: www.judicialwatch.org/document

 

 

 

 

 

 

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