Showing posts with label high crimes. Show all posts
Showing posts with label high crimes. Show all posts

Thursday, December 5, 2019

Betsy's right: High crimes and misdemeanors means offenses committed while in high office

It's not the severity of the crime which makes it high, but it damn well better be a crime. Democrats haven't been able to come up with one despite turning themselves and the country into pretzels.

And Trump's tax returns from the past and his dalliances from the past and why he named his son "Barron" are all completely irrelevant, as is everything else he's done while not in office. Those things matter only at election time.

Here's Betsy:

At the 1787 Constitutional Convention, the framers considered grounds for impeachment. On Sept. 8, George Mason suggested that bribery and treason were too narrow, and proposed adding "maladministration." But James Madison objected, explaining that "so vague a term will be equivalent to" saying the president serves at the pleasure of the Congress. The framers did not want to duplicate the British system, which made the executive dependent on Parliament. Mason's idea was dropped, and the framers instead agreed to the more specific term, "high crimes and misdemeanors," where "high" meant offenses committed while in high office, such as embezzling public funds.

Wednesday, August 8, 2018

The meaning of "high" in "high crimes and misdemeanors" refers not to the nature of the offenses, but to their sphere

Gary L. McDowell, "High Crimes and Misdemeanors": Recovering the Intentions of the Founders (1999) here:

[I]t was essential to their way of thinking to make clear that impeachment was a political process dealing with political wrongdoing and not a part of the criminal justice process. Thus, they made clear that punishment for impeachment could 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 they emphasized that impeachment was not a bar to prosecuting criminal acts that the person impeached may have committed by noting that "the Party convicted [of impeachment] shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law." Thus, although an indictable crime may be deemed an impeachable offense, impeachable offenses are not simply limited to indictable crimes. ...

In all of the English cases the political nature of the offenses charged in impeachments was revealed by the use of the word "high" to modify both "crimes" and "misdemeanors." The use of "high" in "high crimes and misdemeanors" did not refer to the substantive nature of the offense, that it was a particularly serious offense, but that it was a "crime or misdemeanor" carried out against the commonwealth itself. This use of "high" to distinguish crimes and misdemeanors against the society as a whole derived from its use in distinguishing "high" treason from "petit" treason. Alexander Hamilton summarized this understanding of "high Crimes and Misdemeanors" as adopted by the Federal Convention in his explanation of the impeachment process created by the Constitution. The objects of impeachment, he noted, "are those 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 the society itself."

Friday, July 27, 2018

Yesterday Rush told us a crime was necessary to impeach Rosenstein, but today no crime's necessary to impeach Trump

Ah, high crimes and misdemeanors.

Once again, since misdemeanors are "minor wrongdoings", The Constitution cannot be made to say "high minor wrongdoings" in the sense of "severe", as in "severe minor wrongdoings", which would make no sense. "High" refers to where they occur, in federal office, not to their severity. Crimes are severe in and of themselves compared with misdemeanors, which by definition are not. Therefore, "crime" alone is not necessary for impeachment. A minor wrongdoing will do, committed in high office, that is, in the federal government.

Impeachment is the political remedy for both in the political context, i.e. in the federal government.

Once again, Rush is confused, and the House dropping impeachment of Rosenstein is probably a good thing, politically, because Trump could be impeached for almost nothing at all, as long as there is support for it. Best not to get everyone together on that by going after Rosenstein for a misdemeanor.

This is politics, people!

Here yesterday:

Anyway, Professor Dershowitz said this would be a very, very bad precedent because impeachment is always a remedy for criminal activity, criminal behavior. And it’s very risky here to go out and try to impeach Rosenstein simply ’cause he won’t turn things over to you. It’s kind of a tough case to make that Rosenstein’s behaving in a criminal fashion simply because he will not respond to subpoenas that the House leadership and Devin Nunes have demanded to see some documents.

But here today:

I mean, everything [Mueller has] come up with he’s given to some other jurisdiction to prosecute or do with what they will. And impeachment, you have to understand something about impeachment. This is what this has always been about. The effort here has always been to drive Trump’s approval numbers down. Impeachment is not a criminal proceeding.

It’s political. You can impeach a president if he hadn’t committed any crime. You can try it. High crimes, misdemeanors. They are hoping to drive Trump’s approvals numbers down with all of this.

Saturday, June 16, 2012

Another Call To Impeach The President, This Time Over His Deportation Order

The president's executive order is an end-run around existing immigration law, as noted here:


If the citizens of this Republic still took the Constitution seriously, Obama would be impeached for his decision to unilaterally grant amnesty to certain illegal aliens. ...


The role of the President, according to Article II, Sec. 3, is to "take Care that the Laws be faithfully executed." Obama's refusal to execute Congress's immigration laws (or, for that matter, Congress's Defense of Marriage Act) is an impeachable offense. Article II, Sec. 4 states that the President "shall be removed from Office on Impeachment for... Treason, Bribery, or other High Crimes and Misdemeanors." The deliberate failure to enforce valid immigration law and allow hordes of foreigners to live and work in the U.S. is, arguably, "treason," and doing so in an election year to appease Hispanic voters could certainly be considered "bribery."

Thursday, April 1, 2010

Tim Geithner and Ben Bernanke Usurped The Power Of The U.S. House Of Representatives

So why aren't they in jail? They illegally bought trash loans and credit default swaps with taxpayer money and without congressional authorization. The Fed is permitted to buy only government-backed securities. If government disobeys the law, what's treason? Why should Joe American obey any of the laws of this land when its highest ranking officials don't? Aren't these "high crimes and misdemeanors"? Karl Denninger wants to know, here:


THE FED ADMITS TO BREAKING THE LAW

Now how long will it be before something is done about it?

April 1 (Bloomberg) -- After months of litigation and political scrutiny, the Federal Reserve yesterday ended a policy of secrecy over its Bear Stearns Cos. bailout.

In a 4:30 p.m. announcement in a week of congressional recess and religious holidays, the central bank released details of securities bought to aid Bear Stearns’s takeover by JPMorgan Chase & Co. Bloomberg News sued the Fed for that information.

The problem is this: The Fed is not authorized to BUY anything other than those securities that have the full faith and credit of The United States.

In addition Ben Bernanke has repeatedly claimed that these deals would not cost anyone money. But the current value looks differently:

Assets in Maiden Lane II totaled $34.8 billion, according to the Fed, which set their current market value in its weekly balance sheet at $15.3 billion. That means Maiden Lane II assets are worth 44 cents on the dollar, or 44 percent of their face value, according to the Fed.

Maiden Lane III, which has $56 billion of assets at face value, is worth $22.1 billion, or 39 cents on the dollar, according to the Fed’s weekly balance sheet. A similar calculation for the Bear Stearns portfolio couldn’t be made because of outstanding derivatives trades.

In other words, they have lost more than half of their value.

This was and remains a blatantly unlawful activity.

The Fed has effectively usurped Article 1 Section 7 of The Constituion which reads in part:

All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

The Fed effectively appropriated taxpayer funds without authorization of Congress. At the time these facilities were put in place neither TARP or any other Congressional authorization existed for them to do so, and to date no bill has been put through Congress authorizing the expenditure of taxpayer funds, either through putting them at risk or via outright expense, for this purpose.

Nor does it stop with a "mere" Constitutional violation - The Federal Reserve Act's Sections 13 and 14 do not permit Fed asset purchases except, once again, for items carrying "full faith and credit" guarantees. Credit-default swaps and trash mortgages most certainly do not meet these qualifications.

I know I've harped on this for more than two years, but here we have a raw admission of exactly what was done - and there is simply no way to construe any of it in a light that conforms with either The Constitution or black-letter statutory law.

What's worse is that Tim Geithner, head of the NY Fed at the time, was very much involved in this - that is, he in effect personally, along with Ben Bernanke, usurped the power of the United States House.

The Fed has spent two years trying to hide this from the public and Congress. It has fought off both Congressional demands for disclosure and multiple FOIA lawsuits, the latter of which has resulted in a series of adverse rulings (and, it appears, was ultimately going to force disclosure anyway.)

These actions are unacceptable but promising "never to do that again" is insufficient. In a Representative Republic where the rule of law is supposed to be paramount - that is, where we do not crown Kings and relegate everyone else to the status of knaves, unlawful actions such as this demand that strong and unmistakable sanction also be applied to all wrongdoers in addition to protection against future abuse.

In this case this means that both Geithner and Bernanke must go - for starters.

Amending The Federal Reserve Act of 1913 (as Chris Dodd has proposed to prevent future lending bailouts) is not sufficient in that The Fed did not lend in this case, it purchased, and by buying what we now know were trash loans it violated the black letter of existing law.

There is only one effective remedy for an institution that has proved that it will not abide the law: it must be stripped of all authority that has been in the past and can be in the future abused.

This means that The Fed, if we are to keep it at all, must be relegated to a body that only practices and provides monetary policy - nothing more or less - and that all monetary operations must be performed openly, transparently, and within those constraints.

We cannot have a republic where an unelected body is left free to violate The Constitution with wild abandon and those acts are then allowed to stand.

One final thought: If the individuals responsible for this blatant black-letter violation of the law do not face meaningful sanction for these acts, and neither does The Fed as an institution, can you fine folks over at The Executive, Judiciary and Legislative branches of our government please explain to us ordinary Americans why we should obey any of the laws of this land when you will not enforce the laws that already exist?