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Ordered Liberty

Faithless Execution: Fighting Presidential Lawlessness

June 9th, 2014 - 6:57 pm

That is because “high crimes and misdemeanors,” a term of art the Framers borrowed from British law, does not refer to penal statutes defining what we commonly think of as crimes and misdemeanors. They are, as Hamilton put it, the “political wrongs of public men”—breaches of fiduciary duty by high officials in whom great public trust is reposed. The concept is much more resonant of the military code of justice than penal laws, embracing such offenses as dereliction of duty (such as a commander-in-chief who replenishes Taliban enemy forces in wartime) and the violation of an oath (such as the oath to preserve the Constitution and faithfully execute the laws).

On that score, former Attorney General Michael Mukasey gave a great explanation of impeachable offenses in an interview on Fox News Sunday with Chris Wallace. I wish I had thought of it myself. Judge Mukasey pointed out that the Constitution gives presidents an unreviewable, absolute pardon power. Thus, he explained, if the president suddenly decided to pardon, or commute to time-served the sentences of, every single convicted prisoner in federal custody, he would have violated no law in doing so. He would, however, be guilty of a massive abuse of power—what the Framers would have called maladministration on a shocking scale. He would not have committed a crime; but he would surely have committed a high crime and misdemeanor.

As it happens and as I argue in Faithless Execution, President Obama violates—and unilaterally amends, and selectively enforces, and purports to “waive,” and ignores—many federal laws. But his real offenses are dereliction of duty, the violation of his oath, and his comprehensive attack on our constitutional framework. It may be unlikely that the public will for his removal from power will ever be strong enough to command the votes of 67 United States senators. But it is essential to the future of our republic—if we are to remain a republic of laws, not men—that we recreate the political conditions in which there is a steep price to be paid for presidential lawlessness. That is my modest goal.

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Lord deliver us from Barack Obama.
23 weeks ago
23 weeks ago Link To Comment
The problem with the protections contained within the US Constitution is the drafters never envisaged a conspiracy of politicians in two or all three of the branches of federal government. But they should have and made provisions for it. Their failure and ours has resulted in the criminal conspiracy we face today where we have a lawless lying President aided by key fellow conspirators in the Senate, the House, the Supreme Court, and in the Press. One man now absolutely controls the US Senate, Harry Reid. What's the point of the other 99 Senators if nothing can be brought to the floor much less voted on unless Reid okays it?, And for awhile one woman controlled the House, Nancy Pelosi to the same effect. Only the Supreme Court allows dissenting views but it's protection of our Constitutional rights is at best a crap shoot. The Attorney General, Holder, is a member of the conspiracy too. He is charged with the responsibility for enforcing the laws of the land but instead he protects Obama and other members of the conspiracy from the consequences of their criminal actions, whether it be the IRS, Benghazi, Fast & Furious, Voter intimidation and fraud, illegal immigration, and the list goes on. Our crisis is made worse by a Press that has abdicated it's watchdog responsibility to report corruption, lies, and malfeasance by the government, but instead has thrown it's lot with the criminals.

Perhaps we'll get rid of Obama et al peaceably through the ballot box, perhaps not. While we are still a long, long, long way from Civil War or from the violent overthrow of tyrants who would arbitrarily ignore the law, I would definitely start organizing, arming, establishing links between states along the lines of the old committees of correspondence, being prepared for the worst.

It is clear to me that Obama from the start knew full well that he was planning what in Latin American terms is called an Auto-Golpe or Self Coup of the government where the dictator gets elected then neutralizes all political and military opposition followed by tearing up the constitution and writing a new one that keeps him and his friends in power while they plunder the country. All the talk by Obama's supporters about dangerous anti-government types, about Tea-Party folks being terrorists, and buying huge quantities of military arms and munitions for federal agency, federal police and domestic police use is not mismanagement. It's a key part of the plan. Obama knows eventually he'll face a pissed off American public once people wake up and realize what he is really doing despite his sugar coated lies backed up by his supporters in the press. Obama has planned to brutally suppress, imprison, or kill all those who would oppose him and his plan.

Our only defense at this stage is to arm up fast, organize at the city, county, and state level such that when Obama wants to declare his auto-golpe, he won't because he knows that he'll lose. He might still try whereupon much innocent life will be lost maintaining Jefferson's Tree of Liberty.

As George Washington said of the Second Amendment to the US Constitution, the purpose of an armed people and militias is to protect the people from a tyrannical government, their own. Only George and Tom seem to have foreseen what we face today.

Nothing Obama has said or done suggests that he will obey the law and leave office quietly, especially to a Republican successor; he has to much to hide for which he could go to prison. We have less than four years to be ready for the worst and in doing so perhaps we can avoid the bloodshed that has plagued so many other countries who were deceived by charming rogues who stole and transformed their countries into something much less free and much worse. Think Venezuela, or Russia to name but a few.

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23 weeks ago
23 weeks ago Link To Comment
How could anyone estimate with any degree of confidence whether we are near a threshold of revolt or far away from it? If a critical level of revulsion is reached, why would it not come as quite a surprise? Remember the crumbling of the Soviet Union? Maybe a very few perceptive and well informed people saw it coming, but generally we did not, regardless of the relentless momentum of the powerful forces that eventually pushed it over the edge.

When it comes to the level of arousal of public consciousness, who could possibly be qualified to give a measure of it before it turns into a political tsunami? Andrew McCarthy's book is already out, So is Ben Shapiro's. Dinesh d'Souza book is also out, and his movie, potentially even more striking, is just over the horizon. We often hear the word "unexpectedly", don't we? The POTUS himself, presumably the best informed man in the world, certainly did not expect us to be so outraged by his release of five high level Taliban detainees, whatever his telegenic justification might have been.
23 weeks ago
23 weeks ago Link To Comment
President Obama's "real offenses are dereliction of duty, the violation of his oath, and his comprehensive attack on our constitutional framework".

Yes, but... the fact that the public will to remove him from power is lacking demonstrates that we are no longer a republic of laws, but of men and, as long as a majority of Americans do not have to pay a personal price, they shall continue to support the rule of men. Tragically, when that majority awakens to the reality of what they have condoned, it will be far too late.

“Men are qualified for civil liberty in exact proportion to their disposition to put moral chains upon their own appetites. In proportion as their love of justice is above their rapacity. In proportion as their soundness and sobriety of understanding is above their vanity and presumption. In proportion as they are more disposed to listen to the counsels of the wise and good, in preference to the flattery of knaves.

Society cannot exist, unless a controlling power upon will and appetite be placed somewhere; and the less of it there is within, the more there must be without.

It is ordained in the eternal constitution of things, that men of intemperate minds cannot be free. Their passions forge their fetters.”
Edmund Burke
23 weeks ago
23 weeks ago Link To Comment
This is true...that the Obama administration went to federal court in 2011 arguing that one of the Taliban 5 was too dangerous to release ?

http://www.dailymail.co.uk/news/article-2653191/Obama-administration-went-court-one-Taliban-Five-locked-Guantanamo-Bay-just-three-years-ago.html
23 weeks ago
23 weeks ago Link To Comment
I think our republic is lost; we gave it to Obama & his horde of criminals. He keeps on pushing the envelope further & further out; it's almost as if he is testing just how far he can go. AFAIC, the sky is the limit because people just don't care enough. They'd rather rest their laurels on the pillar of Absolution From Our Dark History of Slave Ownership & all that goes with it. White Guilt must be assuaged even if the price is the country. Nothing Else Matters right now but the Intact Legacy of our First Black President.
23 weeks ago
23 weeks ago Link To Comment
It's a little late for the "intact legacy" thing.
23 weeks ago
23 weeks ago Link To Comment
Remember, I am referring to people who live in their own reality as they see fit & the media is utterly complicit with this; affirmative action makes it all the easier. Any attempts to apply reasonable standards will be successfully thwarted.
23 weeks ago
23 weeks ago Link To Comment
Impeachment is non-starter thanx to the racial tinderbox the
Democrats have usefully stoked for shameless political
Ends. And even a republican senate would be loathe
To risk lighting the impeachment match.
It now falls to our Military to save the nation from
A leader gone rogue. The Generals need to climb
Out of the safety of their non-political trenches and
Engage their commander in chief. Resign in protest,
Speak out in opposition, refuse to follow orders.
Don't just 'shut up and Salute'. Now is the time for
Patriots and heroes.
23 weeks ago
23 weeks ago Link To Comment
It has always been abhorrent in our culture to picture the military deposing elected leaders but other countries take a rather different view of things. In the very recent past, people in countries like Egypt and maybe Thailand were quite grateful to their armed forces for deposing democratically elected leaders who were running wild and then restoring stability in preparation for different democratically elected leaders. I'm really starting to see why the armed forces in these countries are viewed as the last great hope to restore reasonable leadership in their countries. I think we've hit the point where it's not looking like such a bad idea in America.

Of course we'd all be more comfortable if we were 100% certain that the armed forces would soon give power back to the elected politicians and would be gentle and benevolent when they were running things. We don't want to see some general with delusions of magnificence turning into a Moammar Khaddafi type figure and installing himself for an indefinite stay in a vicious police state. Since we don't really know our top military people very well, I'm not sure I'd trust ANY of them to be the kind of leader we'd want until democracy could be restored. From the sound of it, most of them are far too careerist and beholden to the Democrats to be trusted. If we had a modern day Eisenhower on hand, that might be different....
23 weeks ago
23 weeks ago Link To Comment
The Obama administration has pretty much purged from the military most any General & others who might be inclined to put up a fight.

Only the American people can put up a fight but the numbers are too small & there is no strong leader out there who is ready to organize, wage & forge a real fight. So they have the country for keeps now & we just get to watch.
23 weeks ago
23 weeks ago Link To Comment
Obama's latest immigration fiasco should be grounds for impeachment and frankly should be the end of his reputation if there is a God. He is actively and willfully created a crisis on the border and using innocent central american children as pawns. This man is a disgrace because we know he could give a damm about these children and frankly there is not much about America that he does give a damm about. It is all and always political. Meanwhile his executive orders NOT to deport children which he has carefully used and will use again is the basis for these desparate parents to send their kids to the border and within months the two states he hates the most will have over 250,000 child refugess. A crisis that he started but which we the taxpayers will be bearing the evil fruits for years to come. How cynical and sick does a man have to be to engage in this type of behavior. Look at the criminal punk Eric Holder who will give each young child a "blanking lawyer". You have got to be kidding me. At taxpayer expense of course. No doubt using Holders New York terror defending commie thugs. God help us. Perhaps our GOP leaders could muster some manhood and at least raise a voice against this? We ask too much because their strategy is Amnesty! Way to go GOP. I believe if the public knew how and why this was happening. And the continued Lawless behavior this president were brought to their attention. We might at least win the war of public opinion.. Not unlike the 5 for 1 terrorist exchange which blew up in their face.
23 weeks ago
23 weeks ago Link To Comment
Typo: ...regardless or party or ideological orientation

That first "or" should be "of". It's in the second last sentence of the third paragraph.
23 weeks ago
23 weeks ago Link To Comment
"...crimes and misdemeanors. They are, as Hamilton put it, the “political wrongs of public men"...embracing such offenses as dereliction of duty (such as a commander-in-chief who replenishes Taliban enemy forces in wartime)..."

Is Barack attempting to put the very controversial Bergdahl decision off onto the boyz in the hood, that gaggle of underlings who, collectively and individually, doesn't exactly inspire confidence ?

'It was the Secretary of Defense (Hagel), Secretary of State (Kerry), Chairman of the Joint Chiefs of Staff (Dempse;y) , Director of National Intelligence (Clueless Clapper) , Attorney General (Holder),' he said.

Now the White House says Hagel made final call on Bergdahl as criticism of Obama over prisoner swap mounts

http://www.dailymail.co.uk/news/article-2653672/Now-White-House-says-Hagel-final-call-Bergdahl-criticism-Obama-prisoner-swap-mounts.html
23 weeks ago
23 weeks ago Link To Comment
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