Should presidents of the United States have absolute immunity for their actions as President? The Supreme Court rules yes and no. Yes for actions constitutional, which has always been the case, but no for those that were not. As was the 1997 Bill Clinton vs Paula Jones sexual harassment case. Bill Clinton had to pay Paula Jones $850,000 in settlement. But the shield used for decades by some presidents to camouflaged their wrong doing has been removed. Their actions must fully comply with the Constitution. This immunity ruling considerably strengthens original intent of the Founding Fathers Constitution.
Chief Justice John Roberts, writing for the majority of a 6 to 3 decision, held: “Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.” (Trump v. United States, Certiorari to the United States Court of Appeals for the District of Columbia Circuit, No. 23—939 .Argued April 25, 2024—decided July 1, 2024, Pp 5-43)
The Court categorized presidential immunity under three classifications: actions totally constitutional, actions presumed to be constitutional, and actions not constitutional. “For actions that fall within the outer perimeter of presidential responsibilities, but are not exclusive constitutional powers, the court granted at least a presumptive immunity This means that while the President is generally protected from the prosecution for these acts, this immunity can be challenged if the government can demonstrate that prosecuting these actions does not intrude on the executive branch’s function, no immunity for unofficial acts” (Ibid).
This part of the decision frightens and could destroy the Deep State. It follows: “The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts…. That immunity applies equally to all occupants of the Oval Office.” (Ibid. Pp. 41–43).
The key word is unofficial, so what are unofficial acts? Here are some that can now come into focus because of the Courts immunity ruling on past presidents. Obama Administration: Creating the DACA program by executive order that allowed 470,597 illegal aliens children into U.S. its first year 2013. Obama and Biden’s orchestration of the Deep State’s 2014-15 color revolution in Ukraine making it a Deep State country. Joe’s $1 billion quid pro quo deal with Ukraine to fire Hunter Biden’s prosecutor. Hillary-Barack-Joe’s using backchannels and secret email addresses and names with foreign countries. Hillary and Barack’s Uranium I Deal—selling uranium to Iran. Obama’s shipping $1.7B in pallets of cash to Iran without congressional approval. Hillary’s destroying an email server and 33,000—some classified—emails subpoenaed by the House of Representatives. Hillary’s selling secrets to China, Iran, and Russia. Hillary and Barack’s spying on political opponent Trump in 2016 presidential election, going after their political opponent in 2016 and 2020, and rigging the 2020 presidential election—all unofficial acts—even treason at the highest level, and overthrowing the U.S. Government.
None of these were constitutional official actions. LibertyUnderFire.org published on most of these unofficial activities over the years and in my current events classes former students read about them. These stories were buried as fast as Deep State media outlets could do so but older readers still remember them. The Obama Administration was NOT scandal free.
The Biden Administration: Staging the January 6 Fedsurrection with at least 100 federal agents inciting violence then blaming it all on MAGA supporters and incarcerating hundreds, some with 20 year long sentences— creating political prisoners. Allowing the invasion of the country with unvetted illegal aliens, many criminals, a great many of them single-military-aged men; these to presumably vote in the 2024 election and to cause chaos when Donald Trump is reelected and after. Biden has illegally flown thousands of illegals from other countries, including children without parents, into this country. Biden’s over 20 shell companies to launder his ill-gotten gains from selling classified documents. Biden’s personal involvement in the four Trump indictments to interfere in the 2024 presidential election. His weaponization of the DOJ and FBI to classify Trump supporters as domestic terrorist. None of these activities are constitutional official business. The Supreme Count Immunity case requires the four Biden indictments, which are all unofficial acts, be returned to lower courts with the order that they document the constitution base for them before advancement. They can’t.
The Supreme Count Immunity case sets the stage to go after former presidents involved in the above unofficial, therefore unconstitutional, acts. It is a great victory for the Constitution which houses the rule of law under which all our leaders have sworn by oath to abide.
In the present information war between the patriots and the Deep State, we are in the exposure phase. Justice is the next phase but cannot begin until those who orchestrated the 2020 Coup d’état are fully revealed. Most Americas know now of the Deep State and realize that the 2020 presidential election was rigged by them. That is precisely why the MAGA movement is now the majority of Americans and Donald J. Trump, unless assassinated, will be reelected this November in the biggest landslide in American history. Over the next four years those who knowingly participated in this Coup will be tried in military tribunals and appropriate sentences given and future history books will record the last eight years as the 2nd American Revolution.
Look for the above unofficial acts to resurface as Biden is removed probably with the 25th Amendment and Hillary Clinton and the Obama’s come back into focus for November 5.
Dr. Harold Pease is an expert on the United States Constitution and a syndicated columnist. Read more of his weekly columns at www.LibertyUnderFire.org Column # 776 Subscribe now for free columns at this address. Help preserve our Republic while we still can by sharing this column.
In the first American Revolution Americans roughly divided into three equal groups, Loyalists favored England, Patriots the Colonists, and another third were too apathetic to join either side. The Patriots won because the apathetic third would not stand with the Loyalist but also would not support them. In that revolution the enemy, England, was largely overseas.
As a young man I wondered which side I’d have supported as a colonist in 1776. Would I have been at Valley Forge with George Washington during the devastatingly cold winter of 1777? Would I have left my plow, grabbed my rifle, and raced to the front without command to stop Johnny Burgoyne in the Battle of Saratoga? Would I have supported the Declaration of Independence and eventually the Constitution and Bill of Rights that followed? And still later, would I have risked my life to end slavery for my black brother in the American Civil War? Yes! I know because as an adult I now stand for the same things as they. With which group would you have stood? The choice is the same today—liberty or tyranny!
In the current 2nd American Revolution the enemy is largely inside the United States. Basically they are the hate America, its history, the Constitution, the Founders, Christianity, Judaism, statues, tradition, law and order, and the police, crowd. Many are anarchists, socialists, and gang thugs like Antifa—even the marxists in BLM. They achieve their purposes by intimidation, fear, looting, burning buildings and killing policemen, and most recently by law fare. They are found in every neighborhood. Most likely do not vote, they have a more effective way to destroy America—anarchy; nevertheless, they decidedly favor the Democrat Party.
Amazingly Democrat Party icons: Jimmy Carter, Bill or Hillary Clinton, Barack Obama, Chuck Schumer, Nancy Pelosi and Joe Biden did not publicly condemn those committing violence in 2020, or now. Together they could have stopped anarchists in their tracts but did not. Because there existed no pushback from Democratic Party leadership—not even when the flag was burned—an intelligent person must conclude that this is now the Democrat Party—a party that likely would have been rejected by John F. Kennedy and all pre-Kennedy Democrat presidents.
This 4th of July is different from those preceding it. In four months America is poised to openly and knowingly reject everything the Founder’s stood for, unlike 2020 when the Deep State was largely unknown. In 2020 Portland toppled a statue of even George Washington the father of this country, placing the flag around his neck before setting it on fire. The Abraham Lincoln statue, representing the man who, with 360,222 northerners, gave his life to end slavery, was torn down while leaving untouched the statue of Steven A. Douglas who ran as the Democrat Presidential nominee for president supporting continued slavery. Logic is upside down and inside out.
Democrats have historically been the party of slavers, the Ku Klux Klan and rioting in the twenties, sixties and 2020. In our day they run America’s 20 largest cities, most having defunded their police leaving poor blacks unprotected, but many blacks still vote for the party that historically betrayed them. In this they remain under slavery. Today it encourages the slaughter of their young through abortion.
For the last eight years there has existed a division in this country unlike any since the Civil War. And a threat to individual liberty unlike any since the first American Revolution. As then, only one side can win. The choice is liberty or tyranny, the Constitution or socialist enslavement. But today Internet platforms and the vast majority of media outlets, college professors, and elected officials favor one side of this equation. These are formable opponents every bit equal to England in 1776. But stand we must like they, everyones’ liberty is at stake.
Imagine a country where its enemies seek to disarm its citizens (2nd Amendment), remove its border protection (ICE), defund its protectors (police), and threaten religious assembly and free speech and define 75 million Trump voters as domestic terrorists. Today the biggest enemy to liberty is from within. I believe the day will come, when our eyes are opened to the designs of the would be tyrants around us, when no one will admit having once been a Democrat or RINO.
The vast majority of our opponents in the present revolution show bias against Christianity. They ruled church meetings non-essential in the coronavirus “plandemic.” They set on fire St. John’s Episcopal Church across from the White House. BLM leader Shaun King wants Christ statues torn down. Are Bibles next to be burned?
A relationship with deity is mentioned five times in the Declaration of Independence. This document brought on war against the then greatest power on earth, and no European strategist gave the Patriots’ winning a ghost of a chance—yet they stood and won. They could count on no one but God and themselves. We must resurrect the war cry in that document again. “And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.”
President John Quincy Adams said it best. “Posterity—You will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it.” Let us never forget that liberty is not free. It was purchased and maintained by the blood of those before us and may have to be once again.
Let this be a warning to those who would take liberty from us now. We too are standing “with a firm reliance on the protection of Divine Providence,” mutually pledging “to each other our Lives, our Fortunes, and our sacred Honor.” Again, which side are you standing with? The most important vote in our lifetime this November will tell. Liberty requires our stand 248 years later.
Dr. Harold Pease is an expert on the United States Constitution and a syndicated columnist. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. Read more of his weekly columns at www.LibertyUnderFire.org Column # 774.
Subscribe now for free columns at this address. Help preserve our Republic while we still can by sharing this column.
Newly released court documents forced out of the Department of Justice largely by America First Legal reveal unacceptable details about the FBI’s raid of Trump’s Mar-a-Lago home Aug. 8, 2022. Many conservatives believe it was a failed attempt by Deep State leaders Joe Biden and Merrick Garland to endanger Donald J. Trump, his family and the U.S.Secret Service (USSS) in a potential line of fire should the raid go awry. According to the filing, “The DOJ and FBI agents planned to bring standard issue weapons, MO, handcuffs and medium and large sized bolt cutters. They were also instructed to wear unmarked polo or collared shirts and to keep law enforcement equipment concealed.” (Brooke Singman, Fox and Friends, Fox News, May 21, 2024). Why? So Trump might think them thieves and protect himself drawing fire? Thirty agents descended that evening on Trump’s home.
The same details were echoed by Jesse Watters, also of Fox News who added ,“Joe Biden sent men with guns to his political opponents house, and turned their bedrooms [Melania and Barron’s] upside down,…this was the former 1st Lady…unprecedented in the history of the United States.” They brought a medic in case someone was shot. Watters said there was no bases to bring firearms into Mar-a-Lago and that the raid was an unconstitutional illegal search and seizure. The FBI seized Trump’s passports, taxes and accounting information, even medical records.” All of this is nearly two year old news, except the authorization to use deadly force.
What is especially troubling is that the story details above are absent from Deep State media outlets. They never would have covered this on their own had Fox News not first broke the story. I had to go online to get the other side. The Internet revealed only 67 articles on the story—all dismissive of the above and accepting of the FBI’s explanation that ALL FBI raids have the deadly force component—but this is a U.S. president!! The Deep State media choir treated the above as mostly a fantasy. Not one gave the above details, so controlled is mainstream news.
What the Deep State censored most is that putting Trump in harms way is 100% against the law and the FBI and DOJ fully knew this. At the very least it was illegal whether as a risky publicity stunt to make it look like Trump robbed Fort Knox of classified documents and the crime had to be treated “mafia style” to “turn off Trump’s rising popularity, or at worst, entrapment ending in Trump’s planned death in a gun fire exchange between USSS and FBI agents dressed in plain clothes in the dark of the night. Casualties would be considered necessary collateral damage.
That law is 18 US Code Section 879, “Threats Against Former Presidents and Certain Other Persons.” This law provides NO EXCEPTIONS FOR LAW-ENFORCEMENT, FBI or otherwise. It says, “Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm on a former president or member of the immediate family of the former president, a member of the immediate family of the president, the president elect, the vice president, or the vice president elect, a major candidate for the office of president or vice president, or member of the immediate family of such candidate. Or, a person protected by the Secret Service under Section 3056A6 shall be fined under this title or imprisoned not more than five years or both.”
In the case of Trump this law was violated five times. He was a “former president” and presently is “a major candidate for the office of president.” His family was/is, also potentially in the line of fire, as the “former president’s family” and presently “major presidential candidate’s immediate family.” And finally, the FBI planned on placing the U.S. Secret Service in harms way. How does one avoid the conclusion that they wanted something to happen to justify killing him?” Fortunately neither Trump or his family was at Mal-a-Lago at the time. Followers ask, “Did Trump avoid an assassination attempt by his own government?”
Julie Kelly, a political commentator and author, asked pertinent questions. “What if Trump had shown up now to defend his property? What if he refused to allow FBI agents into Melania’s room? Or, Barons? How would Secret Service have responded? What about armed FBI agents? There are no clear-cut answers” (X22 Reports, hereafter not cited, Ep, 3359b, May 22, 2024, 38:41). But in the dark of night the secret service could have had their guns drawn and fired upon the FBI clothed as civilians and, if an assassination attempt, FBI agents would have had their guns aimed at Trump were he visible. With potentially 30 agents firing , and in all the confusion, who would know who actually killed Trump and the Deep State outlets could have argued that it was an accident. Just as they now argue the supposed concern is a fantasy.
Respecting the FBI’s use of deadly force, Kelly again asks the most pertinent questions. “If lethal force guidance for Mar-A Lago raid is so standard and MBFD, why are we just learning of it now? Why did it take a federal judge to out it from the Department of Justice? Why wasn’t the release alongside Mar-a-Lago search warrant? Why didn’t FBI own the form from the start?” (Ep. 3360b, May 23, 2024,52:07).
The FBI countered, the “FBI search at President Biden’s homes also included deadly force policy which is standard.” Kelly responds “No search warrant cited in [Robert] Hur Report. No references to armed agents. Search was voluntary and partially delayed because Biden did not want to relinquish diary entries.” She then adds, “Still waiting to hear from the SOP [standard operating procedures] deadly force backers, how federal laws that specifically protect the former president / USSS protectees don’t apply during an armed FBI raid.” She challenges them, “Please cite any case laws, statutes, department policies to show your work. Let’s see the order, we saw it for Trump. Show it with Biden” (Ibid.)!
With Biden’s totally unlawful classified documents, the FBI made “his raid” the equivalent of an appointment but in broad daylight without threat of gun violence. Two tiered justice. The FBI’s deadly force policy on President Trump smells really bad—like a failed assassination attempt.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. Read his columns at www.LibertyUnderFire.org and share them. Column #769.
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Because universities first became indoctrination centers ripe for radicalized. We predicted such 5 years ago in a column entitled, “All went to the University … where they came out all the same,” August 23, 2019, by LibertyUnderFire. When diversified thinking is removed this can result and did when triggered by heavy funding and Antifa agitators provided by George Soros. That column follows:
Student unrest in many universities demonstrate what is becoming obvious; institutions of higher learning are becoming radicalized and project intolerance for anything but a liberal view. Too few permit conservative or libertarian speakers and far fewer a constitutionalist.
I was not surprised, some years ago, to hear a mother share with me her son’s fear that he did not wish to attend college because he did not wish to be politically indoctrinated. Parents increasingly worry about the radicalization of their children as well. As the years go by I hear this more frequently. Often when asked my profession, a political science professor, I get that look, “Oh! You’re one of those.” So, the assumption is that professors, especially those in political science, are socialists or worse: Unfortunately, this is largely true.
College is supposed to be a “big tent” housing all types of thinking so that the student can gravitate to what he thinks best after all sides are presented. Although everyone gives lip service to this statement, there still exists a preferre
d philosophy. Most colleges insist that they adhere to intellectual diversity, but the evidence and textbooks suggest otherwise; the vast majority of colleges and universities are weighed in favor of one ideology and professors to one political party. This is not hidden. Some political science textbooks acknowledge this.
There exists a consensus of what a “good education” is. Students are immersed in race consciousness, feminism, multiculturalism, environmentalism, collectivism, globalism, political activism, class warfare, global warming, acceptance of sexual deviations as normal, and minimization of the importance of Christianity. The end product, the student, must come to accept the above script. It is also in virtually all textbooks. It’s not that any of these notions are bad, in and of themselves, but it is the nearly universal absence of the opposing view that is most troubling parents/students who do not want the indoctrination.
This reminds me of the 1964 popular tune “Little Boxes” by Malvina Reynolds with lyrics. “And the people in the houses…made of ticky tacky… All went to the university, Where they were put in boxes, And they came out all the same.”
It’s not fear of political science classes alone in most colleges and universities. Students can escape the indoctrination across the hall in a history or sociology class. Not so! Such bias permeates most academic areas. An English professor from a large Midwestern university, who did not wish to be identified because of possible retribution, spoke of English classes giving less emphasis on grammar, punctuation, or sentence structure and more on the political correctness. “Everything from Theater to Philosophy to History to English has, in effect, become sociology,” he wrote. “Teaching subject matter has become less important than teaching a very political perspective.” In the end, “They get taught the same thing over and over: a radical critique of the entire American social structure, an indictment of capitalism, anti-Christian propaganda, and collectivism over individuality.”
Of course, additional courses reinforce the “good education” and the result is that if students have not learned to think for themselves, or have some opposing information from home or church to think with, they graduate and carry the indoctrination into every segment of society as gospel. New teachers from kindergarten to the universities will pipe the same, or similar, message.
Age and experience may alter the indoctrination but the twig is already bent in a prescribed direction and the student, like the twig, will give first consideration to returning to the indoctrination when confronted with anything in opposition. Colleges have so much power over “right” thinking.
An extreme example of this years ago was in a French Language and Culture class at Penn State University that required students to view the Michael Moore film “Sicko,” which focused on the inadequacies of the U.S. healthcare system and promoted national healthcare. In a French language class!?!
The indoctrination begins immediately in some colleges, critics say, “with orientation where students begin by learning about the evils of ‘white privilege’ in a program called the ‘tunnel of oppression’ and sit through lectures informing them that they are part of a ‘rape culture’.” The University of Delaware forced incoming freshmen to participate in a “treatment” program a part of which informed them that the word racism applies only to “all white people.” It also “blamed whites for having created the term racism” in the first place “to deny responsibility for systemic racism.” At Hamilton College in New York, fall 2010, male students were required “to attend a ‘She Fears You’ presentation to make them aware of the ‘rape culture’ of which they were allegedly a part and of the need to change their ‘rape supportive’ beliefs and attitudes” (New American, Aug. 5, 2013, pp. 23-27).
No wonder the young man referenced earlier did not wish to be subjected to what he saw as indoctrination. But because he knows that there exist other views there is hope for him, more especially if he selects professors who attempt to give alternative views of which there are still some. But even then it will take his personal effort to not come out of the university experience “all the same.” It is students, the majority, who have no idea that there exist alternative views that are most in danger.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly columns, please visit www.LibertyUnderFire.org Column # 767.
Subscribe now for free columns at this address. Help preserve our Republic while we still can by sharing this column.
The Biden indictments against Donald Trump are getting all the attention from Deep State media outlets but something, even more important, is surfacing instead. On these, and other things mostly censored, the Deep State is on trial becoming ever more visible and the court of public opinion is convicting it and Joe Biden instead. Perspective voters are fleeing from them to Trump. The trial ends November 5 when the jury—the people—vote to oust both.
New revelations are surfacing all the time, some on old issues. The release of 14,000 hours of suppressed January 6th video the past 18 months proved opposite what the J6th Select Committee said. It was a fedsurrection orchestrated by up to 200 federal agents to frame Trump and entrap MAGA followers, many still in prison. Last month 72 year-old grandmother Rebecca Lavrenz from Colorado, who spent 10 minutes inside the Capitol and was seen praying outside of the building for about an hour, was convicted. She faces a $210,000 fine and a year in jail (X22 Reports, hereafter not cited, Ep. 3323b, April 5, 2024, 32:46).
The court of public opinion, now trying the Deep State, is not in sympathy with the harsh sentences given the J6 defendants. In recent oral arguments in Fischer v. United States, Supreme Court Justice Gorsuch lists multiple cases of folks who “obstructed” a Congressional proceeding without receiving a 20 year sentence citing four examples: 1) sit-ins at a trial as in Kavanaugh protests, 2) pulling a fire alarm, as per a Democrat congressman, delaying congressional proceedings, 3) Palestinian occupations in government buildings interrupting proceedings and 4) likewise for BLM. “Are these people getting 20 year sentences? (Ep. 3331b, 04/16/2024, 20:25).
Also new, a captain of the DC national guard, a whistleblower, testified that Trump, expecting trouble January 6, authorized 10,000 troops for Capitol duty that day which was refused by Nancy Pelosi, the DC mayor and “held back” by the Pentagon (Ep. 3329b, April 14, 2024, 43:51). The feds wanted no witnesses to “their” insurrection other than themselves.
Moreover, we have learned that Biden was/is involved in all four indictments against Trump. Thanks to the order by Judge Aileen Cannon, key evidence related to the classified docs case, in particular, is now unredacted showing “proof of collaboration btw Biden White House and NARA to concoct a case… The Biden White House and DOJ were intimately involved in developing a criminal case against Trump….” Is such deception working? Not well!! Rasmussen Reports asks, “Trump has called the prosecution in New York in New York City part of a political ‘witch hunt’. Do you agree or disagree? Strongly Agree 41%, Somewhat Agree, 13% —Overall 54% Agree” (Ep. 3336b, April 23, 2024, 49:58). Destroying Trump has been a coordinated effort. All four indictments are show trials with little or no evidence to affect the election. All four will be overturned. In the meantime it keeps a presidential candidate off the campaign trail and financially strapped—election interference.
Consider this, if we removed those least likely to be credible accusers of Trump there would be no cases. These are a porn star Stormy Daniels, convicted perjurer Michael Cohen, convicted extortionist Michael Avenatti, adulterer and perjurer Fani Willis, corrupt judges Arthur Engoron, Juan Merchan, an alleged victim E. Jean Carroll, who fantasized about rape and names her cat vagina, an international extortionist Jack Smith, and prosecutors who campaigned on targeting Trump, Letitia James and Fani Willis. Or, even Alvin Bragg a prosecutor funded by Soros, a Trump and America hater (Ep. 3327b, April 11, 2024, 41:43). In the court of public opinion these do not bode well for moral or ethical character. Nor does gagging only Trump.
Biden’s obsession with an open border really exposes the Deep State plan to destroy America. Wall Street Silver said it best, “Arizona builds container wall: Biden sues to have it taken down. Texas puts up razor wire on the border: Biden sues to have it taken down. Texas makes a law to detain illegals: Biden sues to have it nullified. THEY’RE HELPING THE INVADERS. The Deep State wants its soldiers in America: Chinese military-aged men, Muslim Brotherhood, [child] traffickers, terrorists and etc, to destroy western civilization” (Ep. 3335b, April 22, 2024).
Meanwhile the House of Representatives impeached Alejandro Mayorkus for not protecting our southern border and every Senate Democrat voted to defy 227 years of constitutional precedence which requires that he be tried—found guilty or acquitted. Every Senate Democrat is now an accomplice to the invasion (treason) and an accessory to every crime committed by illegals set free by Mayorkas. Senate Democrats just elected Donald Trump.
Although the Deep State and Biden want illegals to vote in our elections, 78% of Americans likely to vote, do not (EP. 3329b, April 14, 2024, 47:16)! It is already against the law! Biden and Mayorkas are defying the Constitution and America—even most Democrats— by flying into the U.S. airports—skipping the border—200,000 plus illegal aliens (Ep. 3343b, May 1, 2024)
Yes the Deep State is on trial becoming ever more visible and the court of public opinion is convicting it and Joe Biden instead. Perspective voters are fleeing from them to Trump. The trial ends November 5 when the jury, the people, convict and oust both. Enjoy the show.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. Read more of his weekly columns at www.LibertyUnderFire.org Column # 766
Subscribe now for free columns at this address. Help preserve our Republic while we still can by sharing this column.
The Constitution is very clear on Impeachment. To impeach someone requires both houses of Congress to act independently of the other. The House of Representatives, based upon the number of people living within each state, is the people’s representative; the Senate, limited to only two representatives regardless of population, represents the state. The House alone—therefore the people—formulates the impeachable offenses. When the House delivers the impeachable offenses the accused is impeached. In the case against Homeland Security Secretary Alejandro Mayorkas two articles of impeachable were delivered: one Mayorkas’s “Willful and systemic refusal to comply with the law,” and two his, “breach of public trust.” Mayorkas perjured himself with many false statements under oath to Congress.
The Senate must then try the accused on only these two offenses either convicting or acquitting him. President Trump was impeached twice by the House and acquitted twice by the Senate. But Senate Democrats unanimously in each article voted not to follow the Constitution. They voted not to try Mayorkas. This is not an acquittal. Nowhere in the Constitution is a trial optional. The people spoke when the articles were delivered to the Senate. The Senate’s only option is to try the accused. Both houses are conjoined in this function: one accuses, one tries.
Constitutionally neither the Executive nor the Judicial branches function in the impeachment process. The Judicial Branch was not given any power to impeach (see Article III, Section 2, Clause 3. The “Trial of all Crimes, except in Cases of Impeachment, shall be by jury…. (Article III, Section 2, Clause 3).
The president has authority “to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment” (Article I, Sec. 2, Clause I). He cannot pardon impeachments. Article II, dealing with the Executive Branch, does define what are impeachable offenses. “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of Treason, Bribery, or other High Crimes and Misdemeanors (Article II, Section 4). Misdemeanors are defined as “minor wrong doing” so the Founders did expect leaders to have some measure of integrity. And “He shall take Care that the Laws be faithfully executed” (Art. I, Sec. 3). This is what the accused has defied.
The legislative branch alone has the power to impeach thus when one of its two houses refuses to function, no other government branch can. The Constitution is thwarted and the accused remains in power to continue undermining it indefinitely until a new president is elected. This was never the intent of the Founders. The Senate must do its duty to try the accused or the Constitution cannot give remedy or justice as was intended. Otherwise this part of the Constitution dies.
LibertyUnderFire attempts to present the mostly censored side of the issues it covers. Every research depends on the Internet to some degree. In it the Deep State has its articles listed first. It is not uncommon to scroll through 50 or more articles on a subject before finding the other side on their narratives. In this case, we went through 47 before finding a good explanation on House Articles I and II. It was Senator John Kennedy’s press release on the Articles and follows.
“In its first article of impeachment, the House alleges that Secretary Mayorkas has, ‘willfully and systematically refused to comply with federal immigration law.’ The House says that Secretary Mayorkas has refused to detain some illegal Immigrants, as the law requires him to do, and has instead embraced his own catch-and-release scheme in which he has released huge numbers—I think any fair-minded American would call 8.6 million people huge—huge numbers of illegal immigrants into the United States.
“The House says that Secretary Mayorkas has refused to follow unambiguous and clear federal laws that require him to detain illegal immigrants who are subject to deportation for engaging in criminal or terrorism-related behavior. The House says that Secretary Mayorkas has failed to make case-by-case parole determinations, which the law clearly requires—clearly—and, instead, he has—on his own—he has paroled millions of people illegally into the United States en masse.
“In its second article of impeachment, the House alleges that Secretary Mayorkas has breached the public’s trust in two respects: by knowingly making false statements to Congress that the border is ‘secure,’ and that the Department of Homeland Security has,‘operational control’ of the border, and by failing to comply with subpoenas issued by congressional committees seeking to exercise oversight over DHS activities.” He had defied congressional committees.
How serious is it? “If the Senate dismisses these charges” which it just did, “without a trial, … it will be the first time—the very first time—in the Senate’s long history that it has dismissed impeachment charges against an official it has jurisdiction over without that official first resigning.” He added ,”We must have a trial, “Precedent demands a trial…Respect for the House of Representatives demands a trial…Respect for the law… demands a trial…and the American people demand a trial.” The United States Senate should do its job.” (Kennedy: Senate must hold Mayorkas impeachment trial, John Kennedy press release, March 6, 2024).
Senators voting to dismiss these charges by not holding trial on Mayorkas, as required by the Constitution, are knowingly aiding and abetting the invasion of America and are an accessory to the crimes committed by the illegals, including the murder of Laken Riley (“Laken Riley Murder Suspect Released Over lack of Detention Space.” By Stephan Dinan, Washington Times. April 18, 2024).
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly columns, please visit www.LibertyUnderFire.org. Column # 764.
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