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OpEdNews Op Eds    H1'ed 4/19/19

The 20 Surest Paths to Impeachment

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David Swanson
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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. (back to top)

9. 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 words (http://nbcnews.to/2s0iLJq), his motivation was at least partly 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. (back to top)

10. 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 and to not prosecute political allies 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 U.S. 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.

On September 3, 2018, President Donald J. Trump tweeted this: "Two long running, Obama era, investigations of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department. Two easy wins now in doubt because there is not enough time. Good job Jeff-- This cannot be read but as potentially influencing the current or a future Attorney General or others in law enforcement to politicize prosecutions.

In 1940, Attorney General (later Supreme Court Justice) Robert Jackson warned that "the greatest danger of abuse of prosecuting power" was "picking the man and then . . . putting investigators to work, to pin some offense on him." 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. (back to top)

11. Collusion Against the United States with a Foreign Government
In his conduct while President-Elect of the United States, Donald J. Trump and his transition team 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, allegedly at the instruction of 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. (back to top)

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David Swanson is the author of "When the World Outlawed War," "War Is A Lie" and "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union." He blogs at http://davidswanson.org and http://warisacrime.org and works for the online (more...)
 
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