High Crimes and Misdemeanors
The U.S. Constitution provides impeachment as the method for removing the president, vice president, federal judges, and other federal officials from office. The impeachment process begins in the House of Representatives and follows these steps: 1.The House Judiciary Committee holds hearings and, if necessary, prepares articles of impeachment. These are the charges against the official. 2.If a majority of the committee votes to approve the articles, the whole House debates and votes on them. 3.If a majority of the House votes to impeach the official on any article, then the official must then stand trial in the Senate. 4.For the official to be removed from office, two-thirds of the Senate must vote to convict the official. Upon conviction, the official is automatically removed from office and, if the Senate so decides, may be forbidden from holding governmental office again.
The impeachment process is political in nature, not criminal. Congress has no power to impose criminal penalties on impeached officials. But criminal courts may try and punish officials if they have committed crimes.
The Constitution sets specific grounds for impeachment. They are “treason, bribery, and other high crimes and misdemeanors.” To be impeached and removed from office, the House and Senate must find that the official committed one of these acts.
Constitutional lawyer Michael Connelly has drawn up Articles of Impeachment against President Barack Obama in order to send them to Congress.
The document was drawn up in accordance with Article II, Section 4 of the Constitution.
That section states, “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.”
It should be noted here that “high Crimes and Misdemeanors” could refer to almost any significant breach of public trust, according to many constitutional scholars.
And there can be little doubt that Obama has violated the public trust on multiple occasions, so much so that the majority of Americans agree that he regularly lies to the American people about “important” issues.
Now that President Barack Obama has granted legal relief to as many as 5 million unauthorized immigrants, Republicans are thrashing about for an effective response. Only a few hard-liners are talking about impeachment now, but more could join them out of frustration with their other options.
Many people in both parties have tried to quell such talk by saying the president is within his powers to issue the order. The problem is the pro-impeachment Republicans are right: There is a plausible case for taking that step.
By constitutional design, impeachment for “treason, bribery, or other high crimes and misdemeanors” is a political accusation and initiates a political remedy, not a legal one. It is pretty much up to Congress to define and apply “high crimes and misdemeanors,” and no court would second-guess it. The next Congress could find that the president had violated his oath to “faithfully execute” the laws by refusing to enforce important provisions of the Affordable Care Act, No Child Left Behind and, now, the Immigration and Nationality Act.
The president surely has some power to withhold prosecution, but granting legal status and work permits to millions of people most likely exceeds his discretion. No judge can decide the precise scope of his discretion because no one, including Congress, has legal standing to challenge his order in court.
Of course, many lawyers at the Justice Department and elsewhere disagree, noting that prosecutorial discretion is pervasive, that there isn’t enough money to prosecute all violators, that the president will continue to prosecute criminals and illegal border crossers, and that earlier presidents have done the same thing. These are serious arguments. But as an immigration and administrative law teacher who strongly favors more legal immigration and even broader legislative relief than Obama’s order grants….
(Excerpt) Read more at dallasnews.com …
The Daily Sheeple
EAR: GOP Very Afraid To Impeach Obama For 3 Reasons
I. Fraudulent And Forged Birth Certificate; Falsified Social Security Number: The GOP has a visceral fear of this truth tearing apart the Republic
The author has spoken to many politicos in and out of the Republican Party, disaffected Democrats, betrayed Independents, and politically nonaligned yet fully engaged folks. Particularly among the Republicans and Independents, there is a palpable fear at the prospect of impeaching Obama. They are quite literally afraid for the future of the Republic should Obama’s fake birth certificate go prime time.
Let’s face it, nothing even close has ever been perpetrated on the entire body politic. The GOP knows the seriousness of the numerous high crimes and misdemeanors (as well as felonies) which were committed — over many years — by many high-powered political operatives. Not only would the Democratic Party be brought down by such exposure, the entire mainstream media (MSM) is deeply complicit in this multi-year crime spree against the American people.
Rob Cunningham USA
Obama will NOT complete his 2nd term as President.
First, for Obama’s repeated lies, coverup and abandonment of two heroic Navy Seals, leaving both to die on the Benghazi battlefield on 9/11/2012, while the liberal media openly carried his YouTube video water for eight months. During last week’s House hearings, the mainstream media was shamed and embarrassed before the entire world, exposed as being lazy, partisan and incurious. The Obama-fawning media was highlighted as being unwilling to honestly report to their fellow citizens.
Secondly, the 60-day electronic DOJ surveillance blanket thrown over the Associated Press, monitoring 100 reporter’s work and personal phone calls, has and will continue to infuriate Obama’s liberal media base. This invasive crime against our freedom of the press is an illegal abuse of power that has blown a chilly wind up Obama’s cheerleader’s skirts. Now that the media’s ox has been gored, they are outraged.
Thirdly, the IRS’s (supposed) single Cincinnati villain targeted ALL Tea Party, pro-Constitution, limited government and pro-Israeli groups since 2010, using the most powerfully destruction agency of the federal government? One single progressive individual, one person, was empowered at the IRS to target every conservative, tax-exempt group in America? This coordinated abuse of power is far worse than the first article of impeachment against Richard M. Nixon during Watergate, one ironically drafted with Hillary Clinton’s help. Ah, the karma. This IRS scandal will greatly damage ObamaCare’s implementation in 2014 because citizens will never stand for criminally abusive IRS activists entering our homes and offices to gather personally invasive questions about our intimate health history, insurance premiums and policy coverages. Any IRS “promise” to never share, leak or abuse our personal health information with any biased, political or destructive intent – the manner in which the IRS just abused conservatives simply for being conservative, will NEVER “fly” with the public, congress or media.