[This is follow on to The Final Battle against Donald J. Trump: Open letter to Senators Tuberville and Britt re Pam Bondi]
Draft
Resolutions of the United States Senate and the United States House of Representatives of the118th Congress censuring President-Elect Donald John Trump
Preamble
I. Senate Select Committee on Intelligence
The Select Committee on Intelligence of the United States Senate that investigated the Russian measures campaign and interference in the 2016 U.S. election found that "the Russian government engaged in an aggressive, multifaceted effort to influence, or attempt to influence, the outcome of the 2016 presidential election." https://www.intelligence.senate.gov/sites/default/files/documents/report_volume5.pdf
II. Mueller investigation
The Special Counsel’s investigation
"established that Russia interfered in the 2016 presidential election principally through two operations. First, a Russian entity carried out a social media campaign that favored presidential candidate Donald J. Trump and disparaged presidential candidate Hillary Clinton. Second, a Russian intelligence service conducted computer-intrusion operations against entities, employees, and volunteers working on the Clinton Campaign and then released stolen documents. The investigation also identified numerous links between the Russian government and the Trump Campaign. Although the investigation established that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome, and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts, the investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities." https://ia803007.us.archive.org/11/items/MuellerReportVolume1Searchable/Mueller%20Report%20Volume%201.pdf
Also Special Counsel investigated whether President Trump obstructed Special Counsel's in ivestigation. Special Counsel found that,
"Beginning in 2017, the President of the United States took a variety of actions towards the ongoing FBI investigation into Russia’s interference in the 2016 presidential election and related matters that raised questions about whether he had obstructed justice. The Order appointing the Special Counsel gave this Office jurisdiction to investigate matters that arose directly from the FBI’s Russia investigation, including whether the President had obstructed justice in connection with Russia-related investigations. The Special Counsel’s jurisdiction also covered potentially obstructive acts related to the Special Counsel’s investigation itself. This Volume of our report summarizes our obstruction-of-justice investigation of the President.
. . . . ."Because we determined not to make a traditional prosecutorial judgment, we did not draw ultimate conclusions about the President’s conduct. The evidence we obtained about the President’s actions and intent presents difficult issues that would need to be resolved if we were making a traditional prosecutorial judgment. At the same time, if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, we are unable to reach that judgment. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him. https://www.justice.gov/storage/report_volume2.pdf
III. Ukraine impeachment
In 2019 the House of Representatives impeached President Trump regarding Ukraine. The Articles of Impeachment said:
"Using the powers of his high office, President Trump solicited the interference of a foreign government, Ukraine, in the 2020 United States Presidential election. He did so through a scheme or course of conduct that included soliciting the Government of Ukraine to publicly announce investigations that would benefit his reelection, harm the election prospects of a political opponent, and influence the 2020 United States Presidential election to his advantage. President Trump also sought to pressure the Government of Ukraine to take these steps by conditioning official United States Government acts of significant value to Ukraine on its public announcement of the investigations. President Trump engaged in this scheme or course of conduct for corrupt purposes in pursuit of personal political benefit. In so doing, President Trump used the powers of the Presidency in a manner that compromised the national security of the United States and undermined the integrity of the United States democratic process. He thus ignored and injured the interests of the Nation. https://www.congress.gov/116/bills/hres755/BILLS-116hres755enr.pdf"
IV. January 6th impeachment
In 2021 the House of Representatives impeached President Trump. The Articles of Impeachment said:
"On January 6, 2021, pursuant to the 12th Amendment to the Constitution of the United States, the Vice President of the United States, the House of Representatives, and the Senate met at the United States Capitol for a Joint Session of Congress to count the votes of the Electoral College. In the months preceding the Joint Session, President Trump repeatedly issued false statements asserting that the Presidential election results were the product of widespread fraud and should not be accepted by the American people or certified by State or Federal officials. Shortly before the Joint Session commenced, President Trump, addressed a crowd at the Ellipse in Washington, D.C. There, he reiterated false claims that "we won this election, and we won it by a landslide." He also willfully made statements that, in context, encouraged — and foreseeably resulted in — lawless action at the Capitol, such as: "if you don't fight like hell you're not going to have a country anymore." Thus incited by President Trump, members of the crowd he had addressed, in an attempt to, among other objectives, interfere with the Joint Session's solemn constitutional duty to certify the results of the 2020 Presidential election, unlawfully breached and vandalized the Capitol, injured and killed law enforcement personnel, menaced Members of Congress, the Vice President, and Congressional personnel, and engaged in other violent, deadly, destructive and seditious acts."President Trump's conduct on January 6, 2021, followed his prior efforts to subvert and obstruct the certification of the results of the 2020 Presidential election. Those prior efforts included a phone call on January 2, 2021, during which President Trump urged the secretary of state of Georgia, Brad Raffensperger, to "find" enough votes to overturn the Georgia Presidential election results and threatened Secretary Raffensperger if he failed to do so."In all this, President Trump gravely endangered the security of the United States and its institutions of Government. He threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of Government. He thereby betrayed his trust as President, to the manifest injury of the people of the United States.
V. January 6th select committee
"EXECUTIVE SUMMARY: OVERVIEW OF THE EVIDENCE DEVELOPED In the Committee’s hearings, we presented evidence of what ultimately became a multi-part plan to overturn the 2020 Presidential election. That evidence has led to an overriding and straight-forward conclusion: the central cause of January 6th was one man, former President Donald Trump, who many others followed. None of the events of January 6th would have happened without him." Microsoft Word - Introductory Material to the Final Report of the Select Committee.docx"
VII. Supreme Court immunity decision (the "SCOTUS Immunity Decision")
VIII. Dismissal of January 6th and classified documents indictments
IX. President-Elect Donald John Trump is profoundly wrong; failure in rule of law
Regarding all of the above, President-Elect Donald John Trump contends he did nothing wrong, or illegal or possibly illegal, and all of the actions taken against him regarding the same were wrong and should have never been taken.
It is the sense of the [Senate] [House of Representatives] that the foregoing contention of President-Elect Donald John Trump is profoundly wrong and demonstrates that Donald John Trump does not have an understanding of what is wrong or illegal or possibly illegal that the President of the United States should have, and that this lack of understanding creates a significant risk that Donald John Trump as President will do things that are wrong or illegal or possibly illegal that the President of the United States should not do.
Also, it is the sense of the [Senate] [House of Representatives] that that SCOTUS Immunity Decision creates greater risk that Donald John Trump as President will do things that are wrong or illegal or possibly illegal that the President of the United States should not do.
Further it is the sense of the [Senate] [House of Representatives] that the Immunity Decision places a greater Constitutional burden on Congress to oversee that Donald John Trump as President of the United States does not do things that are wrong or illegal or possibly illegal that the President of the United States should not do, and to put Donald John Trump on notice about this, and that a formal censure of President-Elect Donald John Trump is appropriate based on his profound lack of understanding of things that are wrong or illegal or possibly illegal that the President of the United States should not do.
Further, it is the of the [Senate] [House of Representatives] that the rule of law profoundly failed to hold Donald John Trump accountable, and censuring President-Elect Donald John Trump helps remedy the foregoing failure of the rule of law.
RESOLVED,
President-Elect Donald John Trump be, and he hereby is, censured for his profound lack of understanding of what is wrong or illegal or possibly illegal that the President of the United States should have, and to put President-Elect Donald John Trump on notice that this [Senate] [House of Representatives] deems it necessary to exercise greater vigilance to prevent Donald John Trump from doing things that are wrong or illegal or possibly illegal that the President of the United States should not do.
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Dissemination of "Suggested resolutions for 118th Congress to censure President-Elect Trump" is being memorialized at The Final Battle against Donald J. Trump: Dissemination of suggested Trump censure resolutions.
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