Doug H McCormick Doug H McCormick 2:52pm Oct 25 The question of impeachment turns on the meaning of the phrase in the Constitution at Art. II Sec. 4, Treason, Bribery, or other high Crimes and Misdemeanors. I have carefully researched the origin of the phrase high crimes and misdemeanors and its meaning to the Framers, and found that the key to understanding it is the word high. It does not mean more serious. It refers to those punishable offenses that only apply to high persons, that is, to public officials, those who, because of their official status, are under special obligations that ordinary persons are not under, and which could not be meaningfully applied or justly punished if committed by ordinary persons. Perjury is usually defined as lying under oath. That is not quite right. The original meaning was violation of ones oath (or affirmation). By Art. II Sec. 1 Cl. 8, the president must swear: 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. He is bound by this oath in all matters until he leaves office. No additional oath is needed to bind him to tell the truth in anything he says, as telling the truth is pursuant to all matters except perhaps those relating to national security. Any public statement is perjury if it is a lie, and not necessary to deceive an enemy. When a person takes an oath (or affirmation) before giving testimony, he is assuming the role of an official, that of witness under oath, for the duration of his testimony. That official position entails a special obligation to tell the truth, the whole truth, and nothing but the truth, and in that capacity, one is punishable in a way he would not be as an ordinary person not under oath. Therefore, perjury is a high crime. It should be noted, however, that when an offense against a statute is also a high crime or misdemeanor, it may be, and usually is, referred to by a different name, when considered as such. Thus, an offense like obstruction of justice or subornation of perjury may become abuse of authority when done by an official bound by oath. As such it would be grounds for impeachment and removal from office, but would be punishable by its statutory name once the official is out of office. An executive official is ultimately responsible for any failures of his subordinates and for their violations of the oath he and they took, which means violations of the Constitution and the rights of persons. It is not necessary to be able to prove that such failures or violations occurred at his instigation or with his knowledge, to be able, to lay them at the feet of the president. It is sufficient to show, on the preponderance of evidence, that the president was aware of misconduct on the part of his subordinates, or should have been, and failed to do all he could to remedy the misconduct, including termination and prosecution of the subordinates and compensation for the victims or their heirs. The presidents subordinates include everyone in the executive branch, and their agents and contractors. It is not limited to those over whom he has direct supervision. He is not protected by plausible deniability. He is legally responsible for everything that everyone in the executive branch is doing. Therefore, the appropriate subject matter for an impeachment and removal proceeding is the full range of offenses against the Constitution and against the rights of persons committed by subordinate officials and their agents which have not been adequately investigated or remedied. The massacre at Waco, the assault at Ruby Ridge, and many, many other illegal or excessive assaults by federal agents, and the failure of the president to take action against the offenders, is more than enough to justify impeachment and removal from office on grounds of dereliction of duty. To these we could add the many suspicious incidents that indicate covered up crimes by federal agents, including the suspicious deaths of persons suspected of being knowledgeable of wrongdoing by the president or others in the executive branch, or its contractors. The impeachment and removal process should be a debate on the entire field of proven and suspected misconduct by federal officials and agents under this president, and if judged to have been excessive by reasonable standards, to be grounds for removal, even if direct complicity cannot be shown. IF YOU ARE A PATRIOT>>> YOU, yes YOU, will go RIGHT THIS SECOND and file articles of impeachment against every single Public Servant that has EVER told a lie!!! ALL OF THEM!! YOU have total standing because EVERY lie affects YOUR sovereignty as an American. For YOU to sit back and wait for someone else to do it makes you complicit in the absolute destruction of YOUR posterity!!! You and your family, born and unborn, is at stake. Do you actually think that Facebook will save you and your family???? LMAO!!!!!!!!!!!!!!!!!!!!!!!
Posted on: Sat, 26 Oct 2013 06:10:49 +0000
Trending Topics
Recently Viewed Topics
© 2015