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Let’s Talk High Crimes & Misdemeanors

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“[T]he President must be held accountable for his betrayal of his oath of office, betrayal of our national security, and the betrayal of the integrity of our elections.”
– NancyPelosi, September 24, 2019

With all the “impeachment” talk captivating the news cycles on the usual suspect cable and alphabet news channels, it is well past time that we address what an impeachment is and the meaning of “high Crimes and Misdemeanors”.

If you ask the man on the street what “impeachment” means most often the response would be that it means removing the president from office. This common thought is incredibly wrong.

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An impeachment is tantamount to an indictment. Once a president – or any federally elected official, I might add – is impeached, a trial is held. If convicted, it is then – and only then – that the president is removed from office.

But one thing to keep in mind here is this. Impeachment – and even an impeachment trial conviction – doesn’t carry any criminal weight. Why? Because impeachments and their subsequent trials are one-hundred percent political in nature, and a cursory examination of impeachment and the meaning of “high Crimes and Misdemeanors” bears this out.

To that end, the farce that is taking place under Nancy Pelosi’s House of Representatives is all political theater meant to complicate the 2020 General Election and little else.

A white paper published and footnoted in the Notre Dame University Journal of Legislation by Dennis J. Owens is a very informative, fact-based piece of academic writing that every American should read. It explains:

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“An impeachment and impeachment trial are not judicial activities. That is, they are devices designed to resolve an essentially political question: shall this person continue to hold this office to which he was elected or appointed? It uses a political forum: the Congress. And, upon conviction, its sanction is political: removal from office and disqualification from further office. The judicial coloring of the proceedings is genuine enough. The House of Representatives hands down the articles of impeachment while styling itself ‘the grand inquest of the nation.’ This is often described as being the ‘equivalent of an indictment’ from a grand jury. The Senate then becomes ‘the high court of impeachment,’ conducts a ‘trial’ and renders a ‘verdict.’ Furthermore, the Chief Justice of the United States presides.”

Supreme Court Justice Joseph Story is quoted as saying in “Commentaries on the Constitution of the United States”:

“But, regardless of the trappings, the process’ forum, question and sanctions remain essentially political. ‘The critical focus should be, therefore, not on political animus, for that is the nature of the beast, but on whether Congress is proceeding within the limits of “high crimes and misdemeanors.”’  Justice Story noted that impeachment was ‘proceeding purely of a political nature. It is not so much designed to punish an offender as to secure the state against gross official misdemeanors.’”

So, much to the surprise of many Americans, impeachment is not about criminal activity (although separate proceedings can take place after a POTUS is removed from office) it is about politics. That we believe otherwise is the fault of the political parties and their commandeering of the government. Remember, we have been misled to believe that politics is government. It is not and George Washington warned us about this very manipulation of the truth in his Farewell Address:

“However factions (read: political parties) may now and then answer popular ends, they are likely in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.”

But, I digress. Back to the subject of impeachment and high Crimes and Misdemeanors…

Article II; Section 4 of the United States Constitution, 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.”

John Doar, Majority Counsel of the Judiciary Committee’s Impeachment Inquiry Staff during the trial of the impeachment of Federal Judge Halstead L. Ritter, stated, regarding high Crimes and Misdemeanors:

“In deciding whether this further requirement has been met, the facts must be considered as a whole in the context of the office, not in terms of separate or isolated events. Because impeachment of a President is a grave step for the nation, it is to be predicated only upon conduct seriously incompatible with either the constitutional form and principles of our government or the proper performance of constitutional duties of the presidential office.”

And yet the Pelosi led US House of Representatives is bullying ahead with an “impeachment inquiry” that centers on a single political event – and one that is arguably within the rights of the POTUS, and doing so with loaded dice.

The resolution that just passed the House directs the House Intelligence, Foreign Affairs, Financial Services, Judiciary, and Ways & Means Committees to:

“…continue their ongoing investigations as part of the existing House of Representatives inquiry into whether sufficient grounds exist for the House of Representatives to exercise its constitutional power to impeach Donald John Trump.”

Why is this executing a political move with loaded dice? Two reasons. First, the preparatory work that led to this moment was done behind closed doors excluding any Republican. And Second, the resolution does not guarantee the minority party subpoena power. That power is subject to approval by the Democrat/Progressive chairmen.

To further demonstrate that the Pelosi-led impeachment effort is political we have to look at its chances in ending in the removal of President Trump. Conviction in the US Senate requires a two-thirds super majority vote in the affirmative; 67 of the 100 Senators have to vote to convict to affect a president’s removal from office. As it stands currently, the US Senate is dominated by Republicans. Even after the 2020 General Election – should President Trump win re-election and the Senate fall to the Democrats – a super majority vote for conviction is a fantasy.

All these impeachment actions do nothing more than damage our country and continue the manipulation of the American people into believing false narratives constructed purely for political purposes. In fact, while we are considering high Crimes and Misdemeanors, isn’t that exactly what the stewards of these impeachment inquiries are perpetrating on the American people?

To that end, shouldn’t impeachment inquiries be started against Nancy Pelosi, Adam Schiff, and Jerry Nadler for abuse of power? Just a thought…

* – https://www.spreaker.com/episode/19807225

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About Frank Salvato

Frank Salvato is a partner at TRR Consulting Group, LLC, a reputation management and organizational strategies group. He serves as managing editor of The New Media Journal. His writing has been recognized by the US House International Relations Committee and the Japan Center for Conflict Prevention. His analysis has been published by The American Enterprise Institute, The Washington Times, and Accuracy in Media, and is syndicated nationally. Mr. Salvato has appeared on The O'Reilly Factor on FOX News Channel and is the author of six books examining internal and external threats facing our country. He can be heard twice weekly on “The Captain’s America: Third Watch” radio program syndicated nationally on the Salem Broadcasting Network and is a host on The Underground Podcast Network.

2 comments

  1. Well! Semper Fi, Marine!

    Time for a recurrence. It may be bloody but we hope it will be peaceable. The most dangerous enemy to the Leftist agenda to coral our nation into the global governance is an American armed with the Truth!… an M-16 isn’t bad either…

  2. Force Recon Marine

    This talk about impeachment of the our President is stupid inane and ludicrous. Not to mention infinitely more absurd than the following mendacities AKA corruption during the Øb☭m☭ bin lyin Administration.

    1) The Iran Nuclear Deal courtesy of Øb☭m☭ and his equally idiotic Secretary of State , John Kerry. WHEN THE IRANIANS REFUSED INSPECTION OF TWO MILITARY INSTALLATIONS THAT OUGHT TO HAVE BEEN A RED FLAG STARING YOU AND THE IAEA INSPECTORS IN THE FACE AND SHOULD NEVER HAVE PROCEEDED TO PLAY STUPID FOOLS TO THE IRANIANS

    2) What was that emergency airlift in the dead of night of that $400 million CASH, no doubt of taxpayer money in an unmarked aircraft bound for Teheran to the waiting arms of radical hateful Mullahs
    and smiling faces of the IRG’s ( Iranian Revolutionary Guards). Didn’t you stupid LIEberals comprehend anticipate they were speaking Farsi, “Dumb Stupid Americans”?

    3) Just as infuriating is the reported return of $1.6 (or is it $1.8 or worse $ 160 billion?) in frozen Iranian assets since 1979? Or was it a ransom payment for at least four American citizens held hostage in Iranian prisons? And Mr. John Kerry, you Sir (I cringe when I think of addressing you as sir or honorable for you are not even close to being honorable), like to fancy yourself as being an expert negotiator. Yet there was nary a word about a fifth American patriot, Barry Levinson a former intelligence officer held in Iran even far longer than any of the four who got released? There is no need to ask how you would you feel if you were him or a family member, as you like all LIEberals, only think and feel about yourselves. There is no closure nor will there be any. One might ask how the hell you are able to sleep at night. Then again, like ALL LIEberals you have no conscience

    4) Let’s reflect upon that extremely stupid swap of five terrorists masterminds held at Guantanamo for one Traitorous Army deserter? And let’s not forget to consider the loss of life of those tasked to search for that POS TRAITOR!!! INTELLIGENCE informed you what would occur should those TERRORISTS be released, and true to form, just as reported, a number of them returned to the battlefield to kill Americans. You in the Øb☭m☭ bin lyin administration are so arrogant you never listened or learned your lesson. did you? – SHOCKING – SHOCKING indeed!

    5) It has been well documented that the so-called, Uranium One Deal transacted during the Øb☭m☭ bin lyin administration ceded ownership and control of 20-25 percent of US- manufactured Uranium stockpile to
    Kremlin oligarchs. How do you know cronies of Putin have not sold the Uranium or part of it to Iranians which fights a proxy war and either use it to bomb Israel or any other allies or worse even the USA?
    I understand the deal required 9 signatories including the FBI when Mueller was DIRECTOR and the State Dept when HRC was Secretary. — If that was not high TREASON, I do not know what is. OBVIOUSLY you don’t either!!!

    6) Why was there no emergency assistance rendered to the American Consulate staff in Benghazi on September 11, 2012 when radical terrorists of Al Qaeda persuasion stormed plundered and torched the compound despite a reported 600 or so frantic desperate calls or email messages from Ambassador Christopher Stevens begging for preventative measures to be taken? Other than blaming this “event” on an internet video, what do you say to the families of Sean Smith, Tyrone Woods, Glenn Doherty and the late Ambassador Christopher Stevens?

    Again if this was not malfeasance which is more like HIGH TREASON, nothing is!!!

    7) Who should have been accountable for the murder of border agent, Officer Brian Terry during that stupidly idiotic “Fast and Furious'” sting operation set-up by the Eric Holder-led DOJ?

    8) Madam Speaker, have you seen a copy of the bona fide birth certificate of Øb☭m☭ bin lyin lately? And you arrogant Democrats have even the gall and inane effrontery of talking about impeaching President Trump at a time of economic prosperity for the American people? – Unless of course unbeknownst to me, you are indeed truly more fatuous than I thought.

    Impeachment? Madam Speaker, you are one administration too late!!!

    No one has been able to explain to me, in common and rational language, what it is that our President is doing that is so bad for America that motivates them to hate him and his supporters. Has he proposed taking away any of our Constitutional rights? Have any of our rights disappeared? Has he proposed higher taxes? Has he caused the economy to fail? Has he started any new wars? Have minorities suffered more under his leadership than previous Administrations? Did he run guns into Mexico? Did he direct the IRS to target Leftists non-profit groups? Did he spy on journalists? No, I think his biggest sin was humiliating the Left and those in the entitlement culture in the last Presidential election.

    Which Øb☭m☭ accomplishments do you consider to be his best? Allowed men in the women’s room * Gave our enemy Iran billions of dollars * Failed to secure our southern border * Obstructed the construction of the Keystone Pipeline *Weaponizing the IRS using Lois Lerner to hinder conservative non-profit groups * Used the NSA and Clapper to spy on average American citizens and the Associated Press then LIE about it * Swapping five Taliban Commanders for Bowe Bergdhal a spineless Army deserter * Ran up the National Dept past $20 trillion * Using the U.S. government in the vast expansion of Racial Division * Disrespecting Law Enforcement to the point of being killed in ambushes * Failed economic stimulus plan * Caused the price of healthcare to rise drastically * Constant disregard the Rule of Law – our Constitution * Failed to stop housing foreclosures (the Clinton Legacy) * Failed to stop the erosion of the education system * Not only failed to curb but increased the cost of higher education * Highest percentage of people on food stamps both legal and illegal * Lowest GDP on record for eight years * Highest unemployment on record * Denied the idea of American Exceptionalism * Benghazi * Using his pen and phone to circumvent the U.S. Constitution. Went on an “Apology Tour” * All the LIES about the “Affordable Healthcare Act” Øb☭m☭care * Weaponizing the CIA and FBI then Submitting phony documentation to obtain a FISA warrant to spy on the Trump campaign * Then top this all off boasting that there wasn’t a “smidgen” of corruption!!! Now that takes GALL!!!

    Lying, Obfuscation, and Deflection are tools LIEberals use to promote their agenda and confuse suckers who believe these fabrications No lie is too egregious or action so outrageous to promote their agenda.

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