Constitutional Emergency

CAN OBAMA BE IMPEACHED?

The time for action is now.

Photo © 2008 by David Katz / Obama for America

Photo © 2008 by
David Katz / Obama for America

By JB Williams

As the nation searches for the proper peaceful remedy to the crisis known as Obama, good people of good intentions often research a common subject and arrive at a different conclusion. Such has been the case on the topic of whether or not Barack Hussein Obama can be impeached.

In a WND column dated July 14, 2011 titled Why Obama Cannot be Impeached, the writer states, “Rage continues to build across this country over the obvious forged birth certificate Barry Soetoro, aka Barack Obama, released April 27, 2011, as do calls for his impeachment. However, Obama cannot be impeached.”

The author’s position is based upon statements from Dr. Edwin Vieira, a Harvard trained attorney, who’s works are focused primarily on land rights and militias. Dr. Vieira issued his position in a 2008 piece written and released before the 2008 election, Vieira suggests that once Obama takes office via fraud, he cannot be impeached, on the basis that impeaching a usurper of the office would somehow validate his tenure in office. Is he right?

To be sure, the Obama Crisis presents a highly unusual set of circumstances, rising to the level of constitutional crisis in a number of ways. The proper peaceful remedy is indeed worthy of research and debate. Only once the people agree on a proper course of action, can action be taken… so, it is imperative that the people reach agreement on this matter.

Who is right in the debate is much less important than reaching an actionable position of agreement. The endless debate on the subject only leaves all concerned citizens paralyzed by confusion and lack of coherent direction in how to solve the crisis.

It is for this reason that I have returned to historical data on the subject of impeachment in search of the foundations for impeachment remedies found in Article II – Section IV of the U.S. Constitution.

“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.” – Article II – Section IV of the U.S. Constitution

I fully understand and even agree with the claim that Barack Hussein Obama (aka Barry Soetoro) gained access to the Office of President via massive fraud, including identity fraud, campaign fraud and campaign finance fraud, just for starters.

I further agree that Mr. Obama’s acts during his unconstitutional and illegal seizing of the Oval Office, as well as his unconstitutional acts while in office, rise to the level of impeachable offenses, high crimes, usurpations and likely even treason.

But I do not agree that Obama/Soetoro cannot be removed from office via impeachment. In fact, I believe that Obama can only be removed from office via impeachment. Here’s the basis for my belief…

James Madison explained the requirement for impeachment during the debates of the Constitutional Convention of 1787:

“Some provision should be made for defending the community against the incapacity, negligence, or perfidy of the chief magistrate. He might pervert his administration into a scheme of peculation or oppression. He might betray his trust to foreign powers.”

In Federalist Paper No. 65, Alexander Hamilton explained that “impeachment of the president should take place for offenses which proceed from the misconduct of public men, or in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to society itself.”

And indeed, in Commentaries on the Constitution, Supreme Court Justice Joseph Story (1811- 1845) explained:

“The offenses to which the remedy of impeachment has been and will continue to be principally applied are of a political nature… What are aptly termed political offenses, growing out of personal misconduct, or gross neglect, or usurpation, or habitual disregard of the public interests.”

Common throughout historical references to the impeachment process is the concept that a violation or breach of public trust, or habitual disregard for the public interest is the fundamental definition of other high crimes and misdemeanors, as it relates to the Founders intended use of the impeachment clause found in Article II.

The legal debate over use of impeachment concerning immunity from criminal prosecutions of any individual occupying the Oval Office is covered quite extensively here. In conclusion, seizing the Oval Office by way of fraud, usurpations of the office, and acting in a manner at odds with public interests, constitutional authority or in breach of the public trust, are all impeachable offenses.

In Federalist Paper No. 70, Hamilton further explained:

“Men in public trust will much oftener act in such a manner as to render them unworthy of being any longer trusted, than in such a manner as to make them obnoxious and subject to legal punishment.” – “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to L aw.”

In short, the Oval Office (not the individual occupying the office) has protections against criminal charges or prosecutions during the tenure of office, be it legitimate tenure or not.

“In 1973, the Justice Department concluded that the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions. We have been asked to summarize and review the analysis provided in support of that conclusion, and to consider whether any subsequent developments in the law lead us today to reconsider and modify or disavow that determination. We believe that the conclusion reached by the Department in 1973 still represents the best interpretation of the Constitution.” – Full legal reference here

This means that before any occupant of the Oval Office can be charged with or prosecuted for crimes, they must first be removed from office via impeachment, so that the business of the people can continue while the individual is being prosecuted for criminal activities.

The fact that Barack Hussein Obama (aka Barry Soetoro) was able to gain access to the Oval Office by way of fraud, does not change the very real fact that before he can be charged with his crimes, he must first be removed from office via impeachment. Impeachment places in question, every act taken by Obama while illegally holding office. It does not in any way validate those acts.

Time to Impeach image

Photo ©2010 Bart Everson

There is no doubt in my mind after five years of investigations in to the person known as Barack Hussein Obama, that he is indeed an imposter, a usurper of the Oval Office. There is no doubt in my mind that every act he has committed while holding office illegally, should be null and void upon his removal from office via impeachment and subsequent criminal indictment.

This is within the letter of the law and all historical reference to the subject.

In the process of seizing the Oval and in his administration of Oval Office duties, Barack Hussein Obama has committed high crimes and misdemeanors. Not only can he be impeached, he must be impeached, removed from office and charged with his crimes, held fully accountable for his actions.

But nobody wants to touch this matter with a ten foot pole, because the constitutional crisis created by Obama and the Democrat Party are of monumental proportions.

The constitutional line of succession to the Oval Office will not hold in this case as every individual in that line of succession was in one way or another, involved and complicit in the most egregious fraud ever perpetrated on the American people.

The only way to solve this crisis is to impeach Barack Hussein Obama and then charge him with his crimes. Unfortunately, everyone in the constitutional line of succession must also be removed from office and charged with their complicity in the Obama crisis.

Unless and until the people force these actions to be taken by congress, America no longer belongs to the American people, any imposter can hold the highest office in our land, no one will be free and the rule of constitutional law is nonexistent.

As long as people continue to endlessly debate the obvious, no such actions will be taken and there will be no way to save America from what is essentially a silent and unchallenged coup d’état.

The list of usurpations and administration crimes would require an encyclopedia to fully chronicle at this late stage. Recent breaking news of massive violations of American constitutional rights by nearly every federal agency which Obama has turned against the people of the United States eliminates any possibility that these events are just independent agency coincidences.

The longer the American people dilly-dally with senseless debates over remedies, the more evil is able to sink its grip deeper and deeper into all governmental powers. It’s time for the debate to end and action to begin…

We can only charge an occupant of the Oval Office with crimes after they have been removed from office. There are only three ways to remove an individual from the Oval Office…

  1. The Election Booth (FAILED)
  2. The John Wilkes Booth method (NOT RECOMMENDED)
  3. Impeachment (ON THE TABLE)

Defrauding the American people in order to seize the highest office in our land must be an impeachable crime. Obama knows this even if his opponents don’t. As a result, Obama mocks the American people, whom he believes lack the intestinal fortitude to dare remove him from office. If you think your Sheriff can save you, think again… We must save ourselves!

Impeach Obama & Co. now, or lose your country forever! For starters, get behind Rep. Tom McClintock and Rep. Jim Bridenstine, and then force your representatives and senators to move to impeachment immediately.

This crisis is not like wine, it will not get better with time. The time for debate is over. The time for action has arrived! Impeach while that is still an option…

Tolerating evil in any form at any level only brings about more evil. As a result, the true cost of tolerating the intolerable is a totally intolerable society, from which you can never draft good government. — JB

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Replies to This Discussion

The problem with Bill Clinton's impeachment continues to this day. It is NOT in the process of impeachment. It is in our misunderstanding of the ENTIRE process.

I would refer you to US Constitution, Art I, sec 2, para 5 which empowers SOLELY {"sole"] Power of Impeachment". In a criminal court, a True Bill or Indictment by the Grand Jury is the equivalent to Impeachment; all merely review evidence and order the impeached (indicted) party to stand trial. Penalty is not imposed until the trial results in a conviction. 

Again referring to the Constitution, this time Art I, sec 3, para 6, trial for the party impeached (indicted) by the House is solely invested in the Senate which gets sworn in as jurors and the trial is overseen by the Chief Justice of the US Supreme Court [same citation].

Just as in a criminal trial, there are NO guarantees of a conviction.In fact, given the political nature of the Impeachment/trial, a conviction may be even LESS likely than in criminal court. That does not mean the system failed. It may be disappointing to many, but it is not a failure. The founders intended removal of a sitting elected official to be difficult and above "petty" politics.

Patricia, I feel as strongly as you about the guile used and cavalier way this administration has diminished the status (both internally and internationally) of this great nation. I also feel strongly that there is MUCH activity and behavior by individuals and by the administration in total that could and should rise to the level of treason and result in removal from office and forbiddance from ever holding public office again (the only constitutionally levied penalties for Impeachment (US Constitution, Art I, sec. 3, para. 7). That said, I also believe we must rise above mere emotional arguments as we then only play into the hands of our opponents. We must have sound and solid constitutional basis for our activities and anticipated outcomes.

Praying we succeed!

Paul

I came to these sites to try to unite people and to share what I find , in just a few months I became more concerned with my thoughts and feelings , I will now get back to what I am here for :

http://www.theblaze.com/stories/2014/03/01/bill-kristol-to-bill-mah...

IMPEACHED ??? The Man in OUR White House Is A TREASONOUS Criminal !!! He needs To Be ARRESTED, And WATERBOARDED To Give Up Those Working With Him, AND Those Behind The Scenes. Then, TRIED For HIGH CRIMES AGAINST THE PEOPLE... And Then, The Just PUNISHMENT!!! For All Of Them, From The MEDIA to The BANKERS and All In Between.

The SAME Constitution Obama/SOETORO Keeps Ignoring ? That One ? Or The One The Founding Fathers GAVE WE THE PEOPLE ??? NOT WE THE GOVERNMENT.

Treason HAS Taken Place, And The PUNISHMENT Must Fit The Crime !

Bob, I'm with you!

To be sure of my replies, I keep a copy of the Constitution and Declaration of Independence next to my keyboard!

I cannot make the march due to physical and financial issues, so have taken on myself the task of attempting to calm and correct those who react from misinformation or emotion.

Stay focused folks, stay legal, stay constitutional!

@Thomas C Sheveck:

If the Constitution is so sacred to you, I suggest that until indictment (in a criminal Grand Jury) and conviction (at a criminal trial) everyone you desire retribution from remains innocent and beyond punishment.

I will concede that treason is an issue to be determined in criminal court for punishment as our Constitution ONLY provides for "...removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States:..." (US Constitution, Art I, sec 3, para. 7). To my mind the amount of damage done to our nation by allegedly treasonous actions of this administration certainly begs greater punishment than those proscribed by the Constitution.

If we are to be successful, we must not give in to our irrational and emotional sides. That is, afterall, one of the favorite tactics of our opponents...to take us off task by diverting our attention and baiting us into unwinnable and/or meaningless arguments.

Stay focused, stay legal, stay constitutional.

I started monitoring this site to see what the mindset of the people are. I am not eloquent with my writing so excuse my poor English. What I see is very few people that actually know anything about our constitution. And most want something done even if it isn't legal or correct. We have a system that was set to use our representatives to protect us against a tyrannical government. Our nation has become reduced to dependency on the government. We see that we should get a bigger piece of the pie so we vote the one in that promises the most. Why should we send our hard earned money to the government that sends it back with strings attached? Our government is no longer elected it is purchased. I am now 70 and ashamed that I did not pay as much attention as I should  as to what our government was doing to this country. I owned two company's and worked 12 to 14 hours a day 7 days. When I was able to relax I didn't want to listen to bad news. Now forced to retire with a bad back I can only sit on the internet and bitch. How many of you are healthy and can do something. I now write letters every day to my senators and representatives. I have joined one group to remove our last elected senator to make a one term. I will also drive as many seniors to the polls in November and see they have the information we need to make a intelligent decision. A new set of senators and congressmen are needed to get past the grid lock of the government that needs to spend money kike a drunken sailor. This is our country people it does not belong to the government. I see many people wringing their hands and wondering what to do. well from what I have seen only a few of you has a clue. I am going to do what I am able and push others to act not just talk. If I have pushed only one of you to get off their dead center and join a group and get people to vote then I have accomplished something.

I love my country but fear my government.

Grampa

Hey Grampa,  Most people on this site have come to know that letters, voting and petition of grievences just don't work anymore......The answer is in the Declaration of Independence.......

Notahero replied to National Director, Dee's discussion "IRAN SENDING WARSHIPS CLOSE TO US BORDERS" on Tea Party Command Center

------------
PLEASE PETITION CONGRESS TO BRING US HOME NOW: As for our petition, it has gone nowhere. We are prohibited from engaging in any "political activity" while on active duty, and cannot petition for anything, without dire consequences. We have been trying to get help, but to no avail. Please believe me when I tell you that almost everyone in uniform today does not know who to trust. Not one of the mainstream conservative websites has expressed any interest in promoting such a simple idea: Bring our troops home now, so we can protect and defend our own country from the IMMINENT threat to the national security of the United States of America. I would venture to say that even most patriotic Americans don't know the extent or immediacy of the threat of war on American soil. Please remember that the first tactic of any "enemy," foreign or domestic, is to distract from the truth. Please don't be distracted by what most media are reporting right now. It isn't even a question of when; it is how soon? Be safe. We are more worried about you than we are ourselves.

Please check prior posts to this website and others. Why won't anyone take up this petition?

http://www.petition2congress.com/14287/bring-our-military-home/view/

Thanks for posting that link Johnny Christensen, signed. Bring them home. I think I'll post it as a discussion unto itself.

Thank you dear that may help with numbers !

Done Johnny, thank you.

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