Thoughts on the Legal Basis for Impeachment of Trump 
Friday, October 4, 2019, 05:54 PM
Posted by Administrator


I don't involve myself in controversy on the scale of the impeachment of President Trump unless I have something to contribute. My contribution here is a legal analysis of the actual legal justification for the impeachment of Trump; which I believe is justified.

First and foremost, impeachment is meant to remove officials who abuse their office. In the Federalist Papers, impeachment is cited as the only possible check on federal judges, who are appointed for life. But much debate was had over impeachment of the President until it was finally decided that the president could be removed from office for treason, bribery, and “high crimes and misdemeanors” which the Federalist Papers indicate are terms meant to cover abuse of office.

Secondly, we must establish the level of power that the office of the President of the United States is supposed to have. Established as the Executive branch of the federal government, the Presidency was meant to be an administrative office with no real internal power, but wherein all power over foreign policy rested. This fact has long been forgotten and replaced with a disturbing trend of allowing Presidents to abuse the power of their office through the use of Executive Orders.

Impeachment then, is not about specific crimes; but rather about accusations of, and political conviction, rather than criminal conviction, before the Senate. In other words, the process of impeachment is strictly designed to be used for the removal of any federal elected or appointed official who has or is abusing the power of the office they hold, in order to prevent harm to the country.

That the United States of America is being harmed by the actions and policies of the Trump administration may be subject to debate for some, but are clearly evidenced objectively: the United States of America has become the laughingstock of the world, and Trump has immortalized himself as the most prodigious user of Executive Orders, which in fact make him more of a dictator than a leader; which is precisely what the president should be – someone who leads by example, not by diktat. That's why they are called dictators or rulers, they tell people what do or make rules people have to follow, rather than leading by example and encouragement.

So, is there legal precedent for the impeachment of President Trump?

Absolutely.

But it does not, necessarily and most certainly not entirely, lay on his actions related to Biden, Ukraine, and China. Impeachment should rest entirely on the pattern of behavior of Trump which is clearly abuse of his position. This pattern includes use of his resorts to entertain foreign guests and dignitaries; a record of policies and decisions which favor Israel and other nations over the USA, it's Constitution, and it's peoples and which is in my mind the single greatest offense, equivalent to bribery and treason at the same time; his use of executive orders to override Congress which is in direct violation of the Constitution and thus represents a violation of the office itself (not just the oath.); and finally and the least concerning violation is his efforts to seek investigations on his political opponents.

The process should proceed forward in the House of Representatives as an in-depth investigation into the whole of Trump's presidency including his benefitting from the office, his providing benefit to Israel and other nations at the expense of the USA, his use of Executive Orders, and only in the context of the above should the Biden investigation matter be investigated, not as a single, impeachable act.

Once the investigation is complete, an indictment should take place in the House of Representatives. Afterwards, the matter should be taken up by the Senate who will vote to impeach or not based on the charges and investigation in the House of Representatives.

Is this going to happen?

No, because the Democratic Party is insane, and instead of providing viable candidates and governing responsibly, they have abandoned everything in trade for an all-out hate-based campaign to eliminate their perceived enemy. Democrats then, should also be impeached, to be honest. In my mind, and from a purely Constitutional standpoint, the United States of America does not have a functioning government.

But, one step at a time, right? Let's see if Congress can actually perform one of their duties.

One last thing: if the impeachment is successful, and Democrats continue to behave as they do, then I would suggest that there are legal grounds to actually dissolve and banish the Democratic Party from ever again participating in politics based on the fact that their continued behavior would be evidence that their efforts to impeach while Constitutional, they were pursued not as a matter of upholding the Constitution, but as a genuine coup.
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