Saturday, November 2, 2019

Draft Articles of Impeachment

Draft

RESOLUTION
Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.

Resolved, That Donald John Trump, President of the United States, is impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to the United States Senate:

Articles of impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of the people of the United States of America, against Donald John Trump, President of the United States of America, in maintenance and support of its impeachment against him for high crimes and misdemeanors.

Article I - General; abuses of power

In his conduct while President of the United States, Donald John Trump, 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 exercised his Presidential powers wrongfully and abusively in numerous ways, regarding which the following is averred:

A. The United States' constitutional republic (the"Republic") is a government determined by the will of the people, and the President, the Congress and judges are servants of the people, who serve under the rule of law. Under the constitution, there is separation of the Legislative, Executive and Judicial powers of government, and there are checks and balances of said powers to assure the powers are properly exercised in service of the people and the Republic and are not used for personal or other wrongful purposes.

B. Some checks and balances on the POTUS are codified in express constitutional provisions (such as the emoluments clause) and in statutory laws (such as prohibitions on bribery and obstruction of justice).

C. In addition to said codifications of checks and balances on the powers of the POTUS, there is ongoing oversight by Congress of the POTUS, and also the Department of Justice and, from time to time, specially created or appointed Special Counsels or Independent Counsels may exercise oversight of the POTUS and whether the POTUS has exercised his Presidential powers in service of the interests of the people and the Republic (the "public interest") and not to serve his or her private interests or other wrongful purposes.

D. Accurate information is necessary for Congress and the people to determine whether the POTUS is properly exercising his or her Presidential powers or is acting wrongfully and abusing his or her Presidential powers.

E. It is important and desirable that the Republic have a POTUS who is of a nature and has the  ability to know when his or her personal interests are different from the public interest and is able to subordinate his or her personal interests to the public interest. It is further important and desirable for the POTUS to  have the trust of of the people regarding the same.

F. Patterns and multiple instances of the POTUS abusing his Presidential powers, and repeated and absolute insistence by the POTUS that he has not done anything wrong when there is widespread consensus that the POTUS has done wrong things, are indicative of risk to the Republic that there will be continued abuse of Presidential power by the POTUS.

G. A Congress that fails to exercise proper oversight over a POTUS, who has failings in fulfilling his or her Presidential duties, encourages such POTUS to commit more failings subsequently.

H.. Donald John Trump has said and done numerous things and that are indicative that he does not understand or is not willing to accept the limitations on POTUS powers and how they are to be properly exercised.

I. In Donald John Trump's personal business history, there was little or no accountability to anyone else, such as a Board of Directors or stockholders, and this should be considered as rendering Donald J. Trump insensitive or unaware that the POTUS is subject to limitations on his powers and their exercise.

J. Before becoming the POTUS, Donald John Trump led an inordinately selfish and narcissistic life of pursuing wealth, glitz, glamour, publicity, and notoriety, and his narcissism should be considered as impairing his ability  to understand and discern when his or her personal interests are different from the public interest and to subordinate his or her personal interests to the public interest,

K. Donald John Trump, after castigating Hillary Clinton for conflicts of interest and corruption, chose to continue his extensive conflicts of interest after he became POTUS, which should be considered as exacerbating the impairment of his ability  to understand and discern when his or her personal interests are different from the public interest and to subordinate his or her personal interests to the public interest,

L. Donald John Trump, possibly due  to his extreme narcissistic nature, has made thousands of false or misleading statements to the American people while he has been POTUS. These have impaired Congress and the people in being able to know whether the POTUS has acted wrongfully. It is wrong and an abuse of power for the POTUS to make false and misleading statements to the American people as Donald John Trump has done.

M.Donald John Trump is an unindicted co-conspirator in a criminal case in which Michael Cohen has plead guilty to having violated campaign finance laws in arranging for a payment to Stormy Daniels for her silence, and Donald John Trump, while POTUS, made payments.

N. Michael Cohen has credibly testified that he lied to Congress in March 2017 about the Trump organization terminating its pursuit of the Trump Tower Moscow project in January 2016, and has credibly tesitfied that he lied because President Donald John Trump wanted Michael Cohen to lie to Congress.

O. Donald John Trump has not given a satisfactory explanation of why he asked Russia to interfere in the 2016 election to help him.

P. Donald John Trump has not given a satisfactory explanation of why he expresses very disparate views about U.S. national intelligence, ranging from his superlative relative to al-Baghdadi mission, to his siding with Putin over U.S. intelligence at Helsinki

Q. The Mueller investigation revealed ten possible acts of obstruction of justice by Donald John Trump. Donald John Trump has repeatedly said he did nothing wrong in said ten possible acts of obstruction of justice.

R. Motives of the POTUS in the exercise of Presidential powers are relevant to whether the powers are being exercised properly or whether the powers are being used wrongfully or corruptly and constitute an abuse of power by the POTUS for which the POTUS may be impeached. There are numerous instances in which Donald John Trump had corrupt motives, including in the firing of James Comey.

WHEREFORE, Donald John Trump, by the totality of such conduct, motives and relevant considerations, and the risk of continuing abuses of power by Donald John Trump, warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.


Article II - Ukraine


Article III - Obstruction of Congress

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