JANET'S WORLD: HER THOUGHTS FOR TODAY,05/12/18 - IMPEACHMENT

Janet Varney

 JANETS WORLD:

IMPEACHMENT

If you’ve read the Constitution of The United States you must concur that Mueller cannot impeach President Donald Trump, but what he is doing is laying the ground floor for accusations for a misdemeanor that will start the proceedings to removal. It only takes one misdemeanor, bribery, or other high crime. This, of course, will be almost impossible since the next step is a trial by the Senate. A very long process follows.

Impeachment is the process used by a legislative body to bring charges of wrongdoing against a public official. It is rather like an indictment by a court. The House of Representatives is the only body that can impeach federal officials. If a federal official is impeached, a trial by the Senate follows. It is important not to confuse impeachment with conviction. Impeachment is only a formal accusation; it is only the first step in removing a public official from his office.

The framers of the Constitution felt it was important for the people to have a way to peacefully remove individuals that were abusing their power.

An impeachment is similar to an indictment in the criminal system. A body (The US House of Representatives, in the case of elected Federal officers) hears evidence and decides if there is cause to believe the person should be removed from office. Then there is a trial in the US Senate, similar to a jury trial, where evidence is presented and the body of Senators decides if, in fact, there will be a removal. Example: President Clinton was impeached by the House, but acquitted by the Senate, and thus was not removed from office. Impeachment or threats of impeachment are often used to make political points, but the trials that follow rarely result in convictions.

At the federal level, Article II of the US Constitution (Section 4) states that "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."

According to the U.S. Constitution (Article I, Section 2, Clause 5): "The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment." .

When a government official is impeached, his case is then tried in the Senate. Congress can check the president by refusing to appropriate money for an executive department. It can also refuse to authorize the creation of new administrative agencies and can abolish existing ones. The Senate can reject a treaty made by the president. (A two-thirds vote of the Senate is required to ratify a treaty.) It can reject presidential appointments by a majority vote. The House of Representatives has the power to impeach the president, that is, to charge that official with wrongdoing.

The House of Representatives is the only body the US Constitution authorizes to impeach the President and other civil officers.

Impeachment was made a part of the constitution to allow the orderly removal of federal officials who were incompetent, corrupt criminal.

The Constitution gives personal freedoms, such as the right to bear arms, free speech, and religious freedoms. It also lays down the rules and regulations on how the government must be run.

The framers of the Constitution made impeachment difficult so that no one could impeach their leader on a whim. It requires a significant reason and semi-lengthy process to remove the president from office. Therefore, the process should not be a convenient way to dominate the executive branch. With that in mind, the Framers made it more difficult than the impeachment process of the UK.

Article I. Section 2. "The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment. " (yeah - they really spelled it "choose")

Article I. Section 3. "The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present. "

Article II. Section 4. "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. "

The actual process is that the Judiciary Committee of the House first holds hearings on whether to initiate an impeachment investigation. Their recommendation is received by the full house and if they vote to initiate the process, the Judiciary Committee holds hearings on whether to recommend impeachment. The results of their investigation and recommendation are presented to the full House of Representative which votes on "articles of impeachment". Each "article" states an alleged offense which provides justification for impeachment. The articles must be approved by a vote of a majority of the House. This is pretty much equivalent to the process of "indictment" which occurs in criminal courts

In essence, the Senate is acting like a jury in a criminal case of a court. The House provides the prosecutors; the accused is responsible for their own defense. Members of the Senate submit questions to the Chief Justice which may be asked of either the prosecution or defense.

Witnesses may or may not be called, depending on the rules agreed to by the Senate. Conviction does not require a unanimous decision, rather it requires a 2/3 majority. Some judges have been impeached, convicted, and removed from the bench, and two U.S. Presidents have been impeached: Andrew Johnson (Lincoln's vice-president who assumed the presidency upon Lincoln's assassination) and William Jefferson (Bill) Clinton. Neither was convicted by the Senate.

We now have a federal prosecutor, independent of every branch of the federal government, who has as his objective to take down the president of the United States.

Mr. Mueller may be investigating individuals and so forth, but his purpose for being unleashed against the president of the United States is to make the case for impeachment, not indictment, This is very, very important to understand.

Rather than try to pass legislation to protect “Special Counsel” Mueller, the GOP Congress should subpoena Mueller and demand he answer legitimate questions about the course of his investigation— especially given its constitutional impact. Congress need not wait for Mueller to issue his pronouncements. Surely Mueller cannot be a power unto himself, immune from legislative oversight while disrupting and threatening a presidency.

Indeed, Congress has a more legitimate constitutional authority if not duty to inquire into Mueller’s investigation, given its lurch into constitutional areas and threats of obstruction against a sitting president, than Mueller, does to question the president about his presidential functions.

Moreover, Mueller must be asked on what legal basis he apparently disclaims the unaltered official DOJ policy and position, asserted in two long-established opinions, that a sitting president cannot be indicted. He must also be asked on what authority he can abandon DOJ policy which he’s compelled to comply with as a condition of his appointment.

Now that Mueller has turned his “collusion” investigation into a potential “constitutional crisis,” he doesn’t have exclusive authority to call the shots and the GOP Congress needn’t wait for his anticipated impeachment report, a political gift to salivating Democrats who’ve pushed for this from the start.

Mueller has no authority, nor does any Judge, to impeach Trump.

By Janet Varney

Share your thoughts with the world by posting a message on the Liberty Tree.
Tell Us What Liberty Means To You 

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

TRY THE LIBERTY TREE AD FREE

THE LIBERTY TREE FRIENDS & PATRIOTS

 "FIGHTING FOR FREEDOM AND LIBERTY"

and is protected speech pursuant to the "unalienable rights" of all men, and the First (and Second) Amendment to the Constitution of the United States of America, In God we trust

Stand Up To Government Corruption and Hypocrisy

                                                                                                    

NEVER FORGET THE SACRIFICES

BY OUR VETERANS 

Note: We at The Liberty Tree cannot make any warranties about the completeness, reliability, and accuracy of this information.

Don't forget to follow the Friends Of Liberty on Facebook and our Page also Pinterest, Twitter, Tumblr and Google Plus PLEASE help spread the word by sharing our articles on your favorite social networks.

LibertygroupFreedom    

The Patriot is a non-partisan, non-profit organization with the mission to Educate, protect and defend individual freedoms and individual rights.

Support the Trump Presidency and help us fight Liberal Media Bias. Please LIKE and SHARE this story on Facebook or Twitter.

WE THE PEOPLE

TOGETHER WE WILL MAKE AMERICA GREAT AGAIN! 

Join The Resistance and Share This Article Now!

TOGETHER WE WILL MAKE AMERICA GREAT AGAIN!
Help us spread the word about THE LIBERTY TREE Blog we're reaching millions help us reach millions more.

‼️️ ♻️ PLEASE SHARE ♻️ ‼️️

Please SHARE this now! The Crooked Liberal Media will hide and distort the TRUTH. It’s up to us, Trump social media warriors, to get the truth out. If we don’t, no one will!

Share this story on Facebook and let us know because we want to hear YOUR voice!