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GOP lawyer drafts Obama impeachment

hypocritexposer

Well-known member
April 06, 2011

GOP lawyer drafts Obama impeachment

A prominent libertarian constitutional lawyer and civil libertarian has drafted an article of impeachment against President Obama over his attack on Libya, throwing down a legal gauntlet that could be picked up by some Congressional Republicans

Bruce Fein, a former Reagan administration official in the Department of Justice and chairman of American Freedom Agenda writes in his 15-page argument of Obama's course that "Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor."

Fein is a small-government conservative who worked on the impeachment of President Bill Clinton and also called for the impeachment of President George W. Bush and Vice President Dick Cheney, and his work doesn't represent the Republican Party line. But it comes as some Republicans on the Hill, led by Senator Rand Paul, object vociferously to Obama's decision to strike targets in Libya without Congressional authorization.

"He's been more bold than any other president," said Fein, who said Obama has failed to secure congressional approval for his military action in a much more brazen way than previous administrations.

"If he can wipe out the war powers authorization, why can't he wipe out Congress's authority to spend?" asked Fein. " If we're going to be a government of laws, and not descend into empire, this is Caesar crossing the Rubicon."

Fein said a number of Congressional offices have expressed interest in his proposal.

"They actually need to defend constitutional prerogatives," said Fein. "There's definitely been interest on the Hill. There's at least two dozen who have been open to the idea that this is a serious constitutional crisis."

Fein's articles of impeachment discuss the run-up to the Libya conflict and conclude, "In all of this, President Barack Obama has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States."

The article of impeachment and three subsections are after the jump.

(with Byron Tau)

ARTICLE OF IMPEACHMENT OF PRESIDENT BARACK HUSSEIN OBAMA

RESOLVED, That Barack Hussein Obama, President of the United States, is impeached for high crimes and misdemeanors, and that the following article of impeachment to be exhibited to the Senate:

ARTICLE OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN THE NAME OF ITSELF AND OF ALL OF THE PEOPLE OF THE UNITED STATES OF AMERICA, AGAINST BARACK HUSSEIN OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA, IN MAINTENANCE AND SUPPORT OF ITS IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND MISDEMEANORS IN USURPING THE EXCLUSIVE PREROGATIVE OF CONGRESS TO COMENCE WAR UNDER ARTICLE 1, SECTION 8, CLAUSE 11 OF THE CONSTITUTION.

ARTICLE I

In his conduct of the office of President of the United States, Barack Hussein Obama, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has usurped the exclusive power of Congress to initiate war under Article I, section 8, clause 11 of the United States Constitution by unilaterally commencing war against the Republic of Libya on March 19, 2011, declaring that Congress is powerless to constrain his conduct of the war, and claiming authority in the future to commence war unilaterally to advance whatever he ordains is in the national interest. By so doing and declaring, Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor as hereinafter elaborated.

continured.....
http://www.politico.com/blogs/bensmith/0411/GOP_lawyer_circulates_Obama_impeachment_articles.html
 

Steve

Well-known member
if the conservative republicans have at least one live brain cell left they would avoid openly pushing this issue..

just encourage kucinich or some other lefty to do it if it is going to be done.. then sit back and wait for the vote..
Fresh off his battle with the House cafeteria over an olive pit, the quixotic Ohio congressman is blitzing the media with his latest passion—whether President Obama's war on Libya is an impeachable offense.

With Congress on recess this week, most lawmakers have fled the Beltway for their home districts. But not Dennis Kucinich. When he and I spoke on the phone Tuesday afternoon, the antiwar über-liberal was ping-ponging around Washington, deep into Day 2 of his media assault on President Obama's decision to start bombing targets in Libya. "Somebody has to be here to try to get our troops back and stop these wars!" he told me brightly.

The Ohio congressman has cast himself as a leading antagonist since Saturday, when, during a conference call of the Democratic caucus, he asked if Obama's failure to consult Congress before green-lighting the disturbingly named "Operation Odyssey Dawn" qualified as an impeachable offense. "I raised the question of are there constitutional limitations on executive power," he explained matter-of-factly. "

the last thing our country needs is another costly one sided impeachment.. especially one without a conviction. it would only serve to get Obama re-elected.
 

Steve

Well-known member
The Impeachment Process

In the House of Representatives

* The House Judiciary Committee decides whether or not to proceed with impeachment. If they do...

* The Chairman of the Judiciary Committee will propose a Resolution calling for the Judiciary Committee to begin a formal inquiry into the issue of impeachment.

* Based on their inquiry, the Judiciary Committee will send another Resolution to the full House stating that impeachment is warranted and why (the Articles of Impeachment), or that impeachment is not called for.

* The Full House (probably operating under special floor rules set by the House Rules Committee) will debate and vote on each Article of Impeachment.

* Should any one of the Articles of Impeachment be approved by a simple majority vote, the President will be "impeached." However, being impeached is sort of like being indicted of a crime. There still has to be a trial, which is where the US Senate comes in.

In the Senate

* The Articles of Impeachment are received from the House.

* The Senate formulates rules and procedures for holding a trial.

* A trial will be held. The President will be represented by his lawyers. A select group of House members will serve as "prosecutors." The Chief Justice of the Supreme Court (currently John G. Roberts) will preside with all 100 Senators acting as the jury.

* The Senate will meet in private session to debate a verdict.

* The Senate, in open session, will vote on a verdict. A 2/3 vote of the Senate will result in a conviction.

* The Senate will vote to remove the President from office.

* The Senate may also vote (by a simple majority) to prohibit the President from holding any public office in the future.

Impeachable Offenses

Article II, Section 4 of the Constitution says, "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." In his report, Independent Counsel, Starr accuses President Clinton of committing eleven acts for which he could be removed from office by impeachment. Are any of those acts "Treason, Bribery, or other High Crimes and Misdemeanors?" Well, that's up to the members of the House of Representatives. According to Constitutional Lawyers, "High Crimes and Misdemeanors" are (1) real criminality -- breaking a law; (2) abuses of power; (3) "violation of public trust" as defined by Alexander Hamilton in the Federalist Papers. In 1970, then Representative Gerald R. Ford defined impeachable offenses as "whatever a majority of the House of Representatives considers it to be at a given moment in history." An excellent definition, Mr. Former President. In the past, Congress has issued Articles of Impeachment for acts in three general categories:

* Exceeding the constitutional bounds of the powers of the office.

* Behavior grossly incompatible with the proper function and purpose of the office.

* Employing the power of the office for an improper purpose or for personal gain.

in my humble opinion an impeachment on this issue would be a huge waste of time, money and would only damage republican chances for retaking the White House and Senate in 2012..
 

hypocritexposer

Well-known member
Steve said:
in my humble opinion an impeachment on this issue would be a huge waste of time, money and would only damage republican chances for retaking the White House and Senate in 2012..

It would never come up for vote until after the election. Hopefully the Senate will be 2/3 Tea Party by then.
 

hypocritexposer

Well-known member
Steve said:
in my humble opinion an impeachment on this issue would be a huge waste of time, money and would only damage republican chances for retaking the White House and Senate in 2012..

I was thinking about your comment a bit more and was thinking that it is too bad that the Rule of Law, is trumped by politics.
 

Steve

Well-known member
hypocritexposer said:
Steve said:
in my humble opinion an impeachment on this issue would be a huge waste of time, money and would only damage republican chances for retaking the White House and Senate in 2012..

I was thinking about your comment a bit more and was thinking that it is too bad that the Rule of Law, is trumped by politics.

after seeing Charlie Rangle get away with tax evasion and slew of other charges it was clear that the rule of law does not apply to congress/senators or the president as long as the have a D next to their name.. hopefully we can correct that before we hand off our nation to our children and grandchildren..
 
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