Tag Archives: impeachment

THE IMPEACHMENT PARADOX OF THE UNITED STATES CONSTITUTION!!!

How do you impeach a president for high crimes and misdemeanors if there is no legal precedent or an established judicial procedure? In the Constitution the Congress has the right to oversight of the Executive Branch. Does that mean that the whole Congressional body including the minority representatives of the House of Representatives have a right to participate in drawing up articles of impeachment with subpoena power to gather evidence which may just be a fishing expedition or does the judicial committee of the House of Representatives have a right to draw up articles of impeachment and subpoena power to gather evidence which may not only be a fishing expedition but may also constitute a harassment of the executive branch if it goes on for an indefinite period of time?

Not having procedural rules and no legal precedents it seems that impeaching a president is purely a political combative process without a judicial foundation. The media is at the forefront of the political battle with the aim of getting a public consensus on the politically motivated impeachment process. The rule of law does not realistically exist with an accused party without seemingly the ability to defend itself against unspecified articles of impeachment.

A morass of unproved allegations and assorted BS is what the media is presenting with no factual evidence. How many unproven allegations can you make before you become the laughing stock of the public for harassment of the executive branch? No audio or visual evidence of a crime and no testimony under oath by
“reputable” officials in public. Is impeachment even possible in private without full transparency where redactions are made in the interest of national security?

So we have a paradox or an unanswerable question. How do you impeach a president without legal procedure precedents and no audio or visual evidence of a crime or misdemeanor? If the evidence is sworn oaths by “reputable” government officials then how do you eliminate possible political bias, vengeful statements, or intentional lies?

Government is exercised by fallible humans trying to follow the law as it is written. Insert fallible, morally questionable humans following unwritten laws and you have utter chaos which is what we are witnessing in the current impeachment process.

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THE TRUTH ABOUT IMPEACHMENT FOR HIGH CRIMES AND MISDEMEANORS!!!

Should you really be impeached for a misdemeanor or a minor wrongdoing if you are the president? Well what is minor wrongdoing? Nowhere in the constitution does it define or itemize what minor wrongdoing is.

A lie could be a minor wrongdoing in some cases and in other cases it could be quite serious. The president could lie either unintentionally or intentionally and in an age of false, untrue, or fake information and news it is highly probable that you will unintentionally lie some of the time. Intentional lies are another more serious category but politicians are known to make false promises to local constituents and then don’t fulfill those promises once they get into higher office, especially the presidency, where you have to try and make decisions based on what is good for the nation and not just one special interest group.

Yes, there are laws against libel and slander or trying to destroy the reputation of someone with intentional lies. This is where free speech or saying whatever you want is not acceptable in public office unless it is moral or ethical free speech.

Yes, a reputation can also be destroyed with insults, name calling, put downs, ridicule, profanity, and humiliation especially when done by the president so the line between immoral or unethical free speech and moral or ethical free speech is not that clear and is somewhat of a subjective judgement. Speech can be used to build a reputation or to try and destroy one so one should be well educated in what is the difference between the two kinds of speech.

In everyday life insults, name calling, put downs, ridicule, profanity, and humiliation are sometimes used but without malice and it is usually done between close friends who know the difference between kidding and vicious abusive language. If this kind of free speech is tolerated in the public arena then the ultimate result is a tabloid sensational media where the lines between truth and fiction are blurred and no sterling reputation or integrity is possible among the leadership.

This terrible situation out of which there is no cure is why the idea of free speech must be revisited and redefined as moral or ethical free speech for the leadership where the lies or untruths are minimized as much as possible and uncivil or abusive language reduced to a minimum.

Impeachment for an insult, name calling, put down, ridicule, profanity, and humiliation is not just but one could perhaps make an argument for impeachment based upon an over abundance of COMPULSIVE insults, name calling, put downs, ridicule, profanity, and humiliations.

Now impeachment for a high crime can be justified if it is extortion, bribery, unethical self enrichment through the power of office, or fraud. What is not so clear is whether trying to get dirt or evidence of immoral behavior from a foreign government on an opposition candidate is a high crime.

In an era of international business and finance where politicians and their friends and relatives can enrich themselves with international financial kickbacks backed up by their political power, there is obvious necessity for international transparency in financial transactions and ready access to them. In the modern era, cooperation of foreign governments is not only vital but necessary to weed out corruption in the political ranks of a countries’ politicians, especially their relatives. It is not treason by any stretch of the imagination to get provable evidence from foreign governments for national corruption in international transactions.

Now there is the executive branch, legislative, and judicial branch and the House of Representatives has the power to impeach and the Senate to try that impeachment with the Supreme Court judge presiding. But there are no procedural steps delineated in an impeachment process. There should be DUE PROCESS if accused of an actual crime which should be based on more than just hearsay evidence or allegations. The whistle blower accuser should face the president like in a court of law and be subject to cross examination and there should be a right to self defense in a televised court like procedure. This drawn out scenario is not realistically possible time wise for the commander in chief and what if there are more than one high crimes for which the president is allegedly accused of?

So the president is not above the law but we in the modern world must consider national as well as international law since corruption can now be worldwide. The only conclusion is that most impeachments are a political battle between the executive branch and the legislative branch.

Nothing can be proven by due process so subpoenas, whistle blowers, and warrant arrests of the president are invalid procedures. If you are not accused of a high crime by the legislature with SPECIFIED articles of impeachment then any subpoena or whistle blower is just a BIASED political fishing expedition with no actual wrongdoing goal in mind. In effect the whole process just becomes a political battle in the arena of public opinion and executive privilege reigns supreme.

There is no justice if there is no due process which is what presidential impeachment severely lacks and unfortunately the constitution is no help in resolving this issue and the judges are ignorant on this matter since most judge on legal precedent.

If you liked this evergreen truth blog then read more of them, about 4900 so far, or read one or more of my evergreen truth books, especially EVERGREEN TRUTH, rays of truth in a human world filled with myths and deceptions.

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THE TRUTH ABOUT IMPEACHMENT*

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Impeachment: n. formally accusing a public official(s) with misconduct in office with the House of Representatives doing the accusing and the Senate doing the prosecuting

Even the president can be impeached but it is an extreme rarity and resignation is usually the less embarrassing way out of office after misconduct.

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