David Swanson / FireDonaldTrump.org & Let’s Try Democracy – 2018-01-05 22:51:27
Trump’s Articles of Impeachment:
A Greatest Hits Collection
David Swanson / FireDonaldTrump.org & Let’s Try Democracy
Several years back, I led a team of authors drafting articles of impeachment against then-President George W. Bush for then-Congressman Dennis Kucinich. We drafted over 60 and settled on the best 35. Had Congress moved forward, it would not have passed all 35 or convicted on them. But we felt it was important to establish the record and present the options.
In fact, I would have preferred to go with more than 35, including a wider range of topics. The fact that someone has abused power in 10 ways should constitute no license to abuse it in an 11th way.
Believe it or not (hint, hint: I don’t need more emails on this) I am aware of the general horror of Mike Pence, but a country that impeached and removed presidents would be a very different country in which the next president would have to behave or face impeachment and removal in turn. Fear of the next person will look ever weaker as grounds for allowing the current person to destroy things as he proceeds with his destruction.
I’m further aware that Congresswoman Nancy Pelosi’s team wants Trump around more than the Republicans do, so that the Democrats can “oppose” him. The task before the public is to compel members of both major parties to impeach, not to sit back and observe them doing so of their own volition.
Although several potential articles of impeachment against Trump stand very strongly on their own, and picking any one of them would be sufficient, the very strongest case for impeachment is a cumulative one. I cannot predict which articles, if any, will gain the most popular or Congressional support.
I am, therefore, collecting the strongest ones available here at FireDonaldTrump.org. I will add more as the crime wave rolls on. I pushed for impeachment of Bush and of Obama for some similar offenses and some completely different ones. Many of Trump’s high crimes and misdemeanors are unprecedented. Most are not identical to the abuses by those who have gone before him.
I. Domestic Emoluments
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has illegally received emoluments from the United States government and from individual state governments.
The Constitutional ban on domestic emoluments is absolute, not waivable by Congress, and not subject to proving any particular corrupting influence.
President Trump’s lease of the Old Post Office Building in Washington D.C. violates the General Services Administration lease contract which states: “No . . . elected official of the Government of the United States . . . shall be admitted to any share or part of this Lease, or to any benefit that may arise therefrom.” The GSA’s failure to enforce that contract constitutes an emolument.
Since 1980 Trump and his businesses have garnered, according to the New York Times, “$885 million in tax breaks, grants and other subsidies for luxury apartments, hotels and office buildings in New York.” Those subsidies from the state of New York have continued since President Trump took office and constitute emoluments.
In these and many similar actions and decisions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
SEE: https://www.opensecrets.org/trump/trump-properties?cycle=2018
II. Foreign Emoluments
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has illegally received emoluments from foreign governments. Foreign emoluments are banned by the U.S. Constitution.
Donald J. Trump’s business has licensing deals with two Trump Towers in Istanbul, Turkey. Donald J. Trump has stated: “I have a little conflict of interest, because I have a major, major building in Istanbul.”
China’s state-owned Industrial and Commercial Bank of China is the largest tenant in Trump Tower in New York City. It is also a major lender to Donald J. Trump. Its rent payments and its loans put President Trump in violation of the U.S. Constitution.
Foreign diplomats, including the Embassy of Kuwait, have changed their Washington D.C. hotel and event reservations to Trump International Hotel following Donald J. Trump’s election to public office.
In these and many similar actions and decisions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
III. Incitement of Violence Within the United States
In his conduct while President of the United States, and while campaigning for election to that office, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has illegally incited violence within the United States.
The US Supreme Court ruled in Brandenberg v. Ohio in 1969 that “advocacy directed to inciting or producing imminent lawless action . . . likely to incite or produce such action” is not protected by the First Amendment.
An incomplete sampling of public statements by candidate Donald J. Trump:
“If you see somebody getting ready to throw a tomato, knock the crap out of them. I promise you, I will pay for the legal fees.”
“Maybe he should have been roughed up, because it was absolutely disgusting what he was doing.”
“See, in the good old days this doesn’t happen, because they used to treat them very, very rough. And when they protested once, you know, they would not do it again so easily.”
“You know what I hate? There’s a guy, totally disruptive, throwing punches, we’re not allowed to punch back anymore. I love the old days — you know what they used to do to guys like that when they were in a place like this? They’d be carried out on a stretcher, folks.”
“See the first group, I was nice. Oh, take your time. The second group, I was pretty nice. The third group, I’ll be a little more violent. And the fourth group, I’ll say get the hell out of here!”
“I’d like to punch him in the face, I tell ya.”
“You see, in the good old days, law enforcement acted a lot quicker than this. A lot quicker. In the good old days, they’d rip him out of that seat so fast — but today, everybody’s politically correct.”
“He was swinging, he was hitting people, and the audience hit back. That’s what we need more of.”
Numerous incidents of violence followed these comments. John Franklin McGraw punched a man in the face at a Trump event, and then told Inside Edition that “The next time we see him, we might have to kill him.” Donald J. Trump said that he was considering paying McGraw’s legal bills.
Since Trump’s election and inauguration, his comments appearing to incite violence have continued, as have incidents of violence in which those participating in violence have pointed to Trump as justification.
On July 2, 2017, President Donald J. Trump tweeted a video of himself body slamming a man with an image of “CNN” superimposed on him.
In August 2017, participants in a racist rally in Charlottesville, Va., credited President Trump with boosting their cause. Their violence included actions that have led to a murder charge. President Trump publicly minimized the offense and sought to blame “many sides.”
In these and similar actions and decisions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
IV. Voter Intimidation
In his conduct while President of the United States, and while campaigning for election to that office, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has engaged in acts of voter intimidation and suppression.
For months leading up to the November 2016 elections, Donald J. Trump publicly encouraged his supporters, the same ones he had encouraged to engage in violence, to patrol polling places in search of participants in the virtually nonexistent practice of voter fraud. In so doing, candidate Trump made would-be voters aware that they might face such patrols.
His remarks included:
“I hope you people can sort of not just vote on the 8th, go around and look and watch other polling places, and make sure that it’s 100 percent fine.”
“We’re going to watch Pennsylvania. Go down to certain areas and watch and study and make sure other people don’t come in and vote five times.”
Trump urged supporters to target Philadelphia, St. Louis, and other cities with large minority populations.
He created on his campaign website a way to sign up to “volunteer to be a Trump election observer.”
When early voting began, incidents were reported of Trump supporters photographing voters and otherwise intimidating them.
Trump ally and former campaign advisor Roger Stone formed an activist group called Stop the Steal that acted in line with Trump’s public statements. The group threatened violence against delegates if the Republican Party denied Trump its nomination.
It then organized intimidation efforts in the general election around the unsupported claim that Trump’s opponents would somehow “flood the polls with illegals. Liberal enclaves already let illegals vote in their local and state elections and now they want them to vote in the Presidential election.”
According to the US Department of Justice in 2006, in all federal elections between 2002 and 2005, a total of 26 people out of 197 million were convicted of trying to vote illegally.
Stone’s organization created official-looking ID badges for volunteers and asked them to videotape voters, and conduct phony exit polls in nine cities with large minority populations.
One such volunteer, Steve Webb of Ohio, told the Boston Globe, “I’m going to go right up behind them. I’ll do everything legally. I want to see if they are accountable. I’m not going to do anything illegal. I’m going to make them a little bit nervous.”
Since becoming president, Donald J. Trump has continued with voter intimidation efforts. He has created a Presidential Advisory Commission on Election Integrity, which has sent letters to states requesting sensitive voter information. Most states have refused. But thousands of people have canceled their registrations rather than have their information turned over to Trump’s administration.
In these and similar actions and decisions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
V. Muslim Bans
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has engaged in acts of discrimination in violation of the First Amendment and other laws by seeking to ban Muslims from entering the United States.
Donald J. Trump had openly campaigned for office promising a “total and complete shutdown of Muslims entering the United States.” Once in office, he created an executive order that his advisor Rudy Giuliani, said on Fox News had been drafted after Trump had asked him for the best way to create a Muslim ban “legally.”
The order targeted several majority-Muslim countries for restrictions on immigration to the United States, but made allowances for people of minority religions within those countries. Trump told the Christian Broadcasting Network that Christian refugees would be given priority. When a federal court stopped this order from taking effect, President Trump issued a new one containing, in the words of his advisor Stephen Miller “minor technical differences.”
In these actions and decisions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
VI. Environmental Destruction
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has actively sought to endanger the future existence of human life in the United States and elsewhere.
On December 6, 2009, on page 8 of the New York Times a letter to then-President Barack Obama printed as an advertisement and signed by Donald J. Trump called climate change an immediate challenge. “Please don’t postpone the earth,” it read. “If we fail to act now, it is scientifically irrefutable that there will be catastrophic and irreversible consequences for humanity and our planet.” An overwhelming consensus of climate scientists agreed with and still agree with that statement.
As president, Donald J. Trump has taken the opposite course, refusing to take any significant steps to protect the earth’s climate, and actively taking steps to endanger it, including by seeking to de-fund the Environmental Protection Agency and to censor its publications. President Trump has issued an executive order curbing enforcement of climate regulations.
He has withdrawn the United States from the Paris climate agreement. He has disbanded the Advisory Committee for the Sustained National Climate Assessment. He has canceled a study of the health impacts of mountain-top removal.
The prosecutor for the International Criminal Court has written than environmental crimes are crimes against humanity.
In the above and many similar actions and decisions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States and the world. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
VII. Illegal Wars
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has waged numerous wars in violation of the United Nations Charter and of the Kellogg-Briand Pact, both treaties part of the Supreme Law of the United States under Article VI of the U.S. Constitution.
By these actions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States and the world. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
VIII. Illegal Threats of Wars
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has threatened war against additional nations, including North Korea, in violation of the United Nations Charter, a treaty that is part of the Supreme Law of the United States under Article VI of the US Constitution.
By these actions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States and the world. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
IX. Sexual Assault
Prior to becoming President of the United States, Donald J. Trump, stated:
“I’m automatically attracted to beautiful [women] — I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star they let you do it. You can do anything . . . Grab them by the pussy. You can do anything.”
By this action, Donald J. Trump has acted in a manner that makes it impossible for him to fulfill his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed.”
Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
X. Pardoning Joe Arpaio
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has issued a pardon for former sheriff of Maricopa County, Arizona, Joe Arpaio, who had been convicted of contempt for failure to comply with a court order in a case charging him with racial discrimination.
Arpaio was open about his commission of the underlying crime, for which he was found guilty in a civil suit. His contempt conviction was for continuing to engage in racial profiling, violating an order to cease doing so.
Arpaio set up a prison that he called a concentration camp. It had a high death rate with deaths often unexplained. He enclosed Latino prisoners with electric fencing.
By this action, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States and the world. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
XI. Failure to Reasonably Prepare for or Respond to Hurricane Harvey
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has failed to reasonably prepare for events like Hurricane Harvey or to adequately respond to that hurricane.
The Federal Emergency Management Agency (FEMA) was without a new director until June 2017. The National Hurricane Center was without a head from May 2017 through the time of Hurricane Harvey in August. On August 15, 2017, President Trump issued an executive order that rejected the Federal Flood Risk Management Standard, which had been established by executive order in 2015, and which required that infrastructure be built to withstand flooding.
He already had disbanded the Advisory Committee for the Sustained National Climate Assessment, and withdrawn the United States from the Paris climate agreement. When Hurricane Harvey hit, President Donald Trump did not engage in rescue and recovery operations on the scale required. His subordinates at FEMA proposed that private individuals fund and perform those tasks on their own.
By these actions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States and the world. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
XII. Warrentless Spying
This is the same article of impeachment that applied to George W. Bush and Barack Obama.
XIII. Lawless Imprisonment
This is the same article of impeachment that applied to George W. Bush and Barack Obama.
XIV. Violation of Posse Comitatus
This is the same article of impeachment that applied to George W. Bush and Barack Obama.
XV. Obstruction of Justice
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has obstructed justice.
The day after President Trump was briefed by White House Counsel on dishonest statements by then-National Security Advisor Michael Flynn who was being investigated by the FBI, Trump met with the director of the FBI James Comey and demanded his personal loyalty.
Two weeks later, Trump asked Comey to drop the investigation. Later still, Trump fired Comey. By Trump’s own admission (http://nbcnews.to/2s0iLJq), his motivation was to obstruct the investigation.
By this action, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States and the world. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
XVI. Politicizing Prosecutions
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution “to take care that the laws be faithfully executed,” has directed or endeavored to direct law enforcement, including the Department of Justice and the Federal Bureau of Investigation, to investigate and prosecute political adversaries and others, for improper purposes not justified by any lawful function of his office, thereby eroding the rule of law, undermining the independence of law enforcement from politics, and compromising the constitutional right to due process of law.
On the Friday before Election Day 2017, the president issued a remarkable series of public statements, including on Twitter, pressuring the US Department of Justice to investigate Hillary Clinton, the Democratic Party, and other political adversaries.
Earlier, the president had called Army soldier Bowe Bergdahl a “dirty, rotten traitor” while court-martial charges were pending. In 1940, Attorney General (later Supreme Court Justice) Robert Jackson warned that “the greatest danger of abuse of prosecuting power” was “picking the man” — or, in this case, woman — ” and then . . . putting investigators to work, to pin some offense on [her].”
A chief executive who uses law enforcement to persecute political enemies is characteristic of a banana republic, not a constitutional republic. That is why Republican and Democratic presidents alike have respected the independence of law enforcement. In the case of military courts-martial, such as Bergdahl’s, this limit is formalized in the prohibition of “command influence.”
Congress set a precedent with the second article of impeachment against President Richard Nixon, which cited, in its fifth specification, his use of federal investigative agencies against political opponents.
Following this precedent, the president’s attempts to employ the criminal investigative powers of the federal government against political opponents “for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office” are grounds for impeachment, even if they did not succeed in influencing law enforcement.
By this action, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States and the world. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
XVII. Collusion Against the United States with a Foreign Government
In his conduct while President-Elect of the United States, Donald J. Trump lobbied foreign governments, including those of Egypt and Russia on behalf of the government of Israel.
Trump advisor Michael Flynn has lied to the Federal Bureau of Investigation about talking, pre-inauguration, to Russia (and other countries) on behalf of the government of Israel, as instructed by Jared Kushner, who reportedly took his direction from Israeli Prime Minister Benjamin Netanyahu.
Prime Minister Netayahu wanted Russia to block or delay a UN resolution against illegal Israeli settlements, because then-President of the United States Barack Obama had chosen not to veto it. News reports in December 2016 said that Russia, while it did not veto, did try to delay the vote. Also, in December 2016, the government of Egypt said it had delayed the vote because President-Elect Trump had phoned the president of Egypt on behalf of Israel.
In these actions and decisions, Donald J. Trump has acted in a manner subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
XVIII. Announcing the Intent to Violate Laws with Signing Statements, and Violating Those Laws
This is the same article of impeachment that applied to George W. Bush and Barack Obama.
XIX. Mental Unfitness
President Donald Trump is mentally unfit for the U.S. presidency, a case established here: https://dangerouscase.org
Posted in accordance with Title 17, Section 107, US Code, for noncommercial, educational purposes.
