Monday, October 14, 2019

The Legal End of Trump's Ousting

By: Kevin Drummond

No reason to water this down. Though rhetoric slams both sides of the issue, the fact is, Donald Trump, in a manic phase, and invigorated by his "victory" over the Mueller Inquiry, believed himself invincible, and broke the law.

First: Impeachment is defacto, it is going to happen. Many of you may recall that the Impeachment is merely the official charging of the President with "high crimes or misdemeanors". On the 24th of September, 2019, and, for the first time of Trump's presidency, House Speaker Nancy Pelosi seated an Impeachment Committee; six of them, to be exact. These committees are drawing up the Articles of Impeachment.
The House votes to ratify the Articles of Impeachment by simple majority. And, in spite of FOX news touting the three Democrats that have questioned this process, as many as thirteen Republican Representatives have stated that they felt the President has broken the law.

Next, he will be tried by a 2/3's majority in the Senate. 

Each day more GOP Senators are signing on to the "indication" factor. All that means is that through their Washington-ese, each Senator is indicating that they will break with Majority Leader McConnell, and remove the president. The current Magic Number sits at seven, seven more GOP Senators are necessary to vote to the President's guilt, in order to convict, and remove Trump. That means thirteen are ready to do so, and more have said so over Syria than the original eight. But anonymously, another ten, or so, have stated that they were going to convict the President, putting the unofficial Magic Number at -3.

The Law

The law he he broke is Title 18, § 595 of the US Code. Here is is in a pictorial form:
Trump did, in fact, request a foreign country to initiate an investigation into a potential opponent for the 2020 Election. 
  • So?! Biden is GUILTY!
Sorry. The guilt or innocence of Hunter Biden, in this charge, is irrelevant. I say, "this charge", because if the president did hold the military aid package, which had been previously ok'd to his Defense Department by the US Congress, and dangled it as incentive to force the Ukranians to investigate Biden's son, then, that's another criminal charge. 
But, the law he is impeached for is Title 18, § 595.

  • It was Biden's son, not Biden
Again: the statute is written in such a way as to remove any such narrow understandings, and clarify that the issue is electability. Slandering, libeling, or even using his office to obtain real information about Hunter Biden is a direct attempt against his father's electability, and therefore, illegal.
  • Why Can't the US President Investigate Crimes?
This question is easy: because he is not a law enforcement officer, he is expected, as per his oath, to delegate that authority to his cabinet, and not to himself. He can arrest no one. 

But, another, better question is, "Are you aware of the fact that, had Biden been doing really traitorous, or illegal stuff, a protocol already exists that Trump could have used to legally deal with the problem?"

Because, had Biden been doing illegal deeds, then Trump could have engaged the protocol of summoning individuals from the Legislature to indemnify his objectivity.

Since he did not, he is accountable for a staff that either doesn't know the protocol exists, or simply chose not to engage it. Were his concerns legitimate, he should have contacted the Speaker of the House, and requested a sit down with Foreign Relations Committee members, and Intelligence Committee members, and distanced his person from being untoward, in the recognition of the law. 

By choosing to flagrantly disregard the law he satisfied the condition of mens rea: this simply means that by averting the legal route, the president knew he was breaking the law. He couldn't blackmail Ukraine for Biden dirt, legally. Just, in his manic phase, he felt himself untouchable, and didn't care about the law. This presents more argument to recognize an exhausted Congressional body engaging the 25th Amendment to remove a sick man from the oval office.

The question is answered. 

I predict that Donald Trump will resign the Presidency before the New Year, around Dec 31st.
The question of "was the issue one he could delegate to his DoJ?" Yep. But...he did not... Above: the standard of the law.

These are the Senate Rules. In them you see that McConnell is somewhat right about having to do this quickly: you'll see in the first page, that he must seat the trial, quickly. House Managers from the six committees actually will control the length of the trial portion. Click to read clearly:

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