Sunday, March 11, 2012

Will A Sitting President Finally Be Held Accountable For High Crimes and Misdemeanors?

Impeachment proceedings begin in the House and the Senate over Obama's brazen use of aggressive military force without congressional authority.

Image source
Eric Blair
Activist Post

Since 2005, Veterans for Peace and others have been calling for the impeachment of the sitting president for war crimes. After their demands to lawmakers to uphold the rule of law against Bush were largely ignored (except by Dennis Kucinich who introduced impeachment articles too late in 2008), they renewed their effort to impeach Obama once he continued to bomb sovereign nations without congressional approval. Now, some lawmakers seem to have finally decided to take the rule of law and Separation of Powers seriously.

Obama will face impeachment over his failure to seek congressional authorization before launching offensive military action in Libya last year. Official impeachment proceedings have now been filed in both the House and Senate.

Last week, North Carolina Representative Walter Jones filed an Impeachment Resolution in the House H.CON.RES.107.IH stating; "Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution."


"Whereas the cornerstone of the Republic is honoring Congress’s exclusive power to declare war under article I, section 8, clause 11 of the Constitution:

Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that, except in response to an actual or imminent attack against the territory of the United States, the use of offensive military force by a President without prior and clear authorization of an Act of Congress violates Congress’s exclusive power to declare war under article I, section 8, clause 11 of the Constitution and therefore constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution."

President Barack Obama becomes only the third sitting president to face impeachment following Andrew Johnson and Bill Clinton. Johnson was impeached for illegally dismissing an office holder without the Senate's approval, and Clinton for perjury and obstruction of justice. Both were acquitted by the Senate.

Significantly, President Obama faces much more serious charges than his impeached predecessors and it's still unclear what legal defense he will use to defuse the charges, as the legal basis for his unilateral action has been inconsistent and vague from the beginning of the Libya assault.

Prior to military operations in Libya, the Justice Department advised the Administration on the legality of using unauthorized force in Libya in a 14-page memo titled Authority to Use Military Force in Libya, which states vaguely:
We conclude...that the use of military force in Libya was supported by sufficiently important national interests to fall within the President's constitutional power. At the same time, turning to the second element of the analysis, we do not believe that anticipated United States operations in Libya amounted to "war" in the constitutional sense necessitating congressional approval under the Declaration of War clause.
The memo goes on to explain why the alleged situation on the ground in Libya was in the United States' national interest, citing previous times when the U.S. military was deployed without congressional approval.  As further justification for their conclusion, the memo also claims that the mission was an international support mission with no deployed ground troops.

However, in no way were national interests under an "imminent" threat by hostilities in Libya, as required by the War Powers Act, and supporting an international mission is irrelevant to the Act. Furthermore, Obama has maintained the legal defense that American involvement fell short of full-blown hostilities even after hostilities exceeded the 90-day limit of unauthorized use of force afforded under the War Powers Act.

The New York Times quotes directly from the 38-page report Obama sent to concerned lawmakers after the 90-day deadline passed, “U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve U.S. ground troops.”

Therefore, the Administration claims it wasn't a real military conflict that Congress should concern itself with. However, at the same time, the White House acknowledged that the cost to U.S. taxpayers was well over $1 billion for these non-hostile military activities.

Coincidentally, on the same day the impeachment resolution was filed, Obama's Defense Secretary Leon Panetta acknowledged that the Libya War did indeed constitute military combat, but claimed the legal basis for spending U.S. tax dollars on war rested in "international permission":



This impeachment comes on the heels of other Administration officials giving equally flimsy legal justifications for assassinating U.S. citizens without due process.  Where, also last week, Attorney General Holder sought to clarify this tyrannical authority in a speech at Northwestern University by claiming "judicial process" was not the same as "due process" under the Constitution.

Yet, the Fifth Amendment clearly states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury."

And as Wikipedia defines due process:
Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Due process balances the power of law of the land and protects individual persons from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law.
The Obama Administration has clearly "offended against the rule of law," and it appears his only defense lies in somehow changing the definition of words.  It's not a strong legal position to be in and it seems that, for the first time in history, a sitting president may be held accountable for high crimes and misdemeanors.

See more articles by Eric Blair here



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46 comments:

RiverQueen18 said...

Nothing is going ot happen to Obama, Look what is planned fo rus and this is the reason everyone is scared to death of Obama
http://www.youtube.com/watch?v=F0nXh4GSZTg&feature=share

I am scared to death of these people , I can't imagine where all of htis came from, why they think they have the right but they do think they can jsut lock us all away in theose Auschwitz femal camps. All othe rocuntries ar laughing at us , Russia feel ssome pity but basically they ar all glad ot see this happen ot us. Thsi is what vbbad leadership can do for you. Ou r Gov. covered for Obama from the very beginning, , he shoudl be impeached for presenting a forged document , that is against the law, he has also taken billions of dollars and given them to the UN and now he has our troops wearing UN uniforms and protecting the congo. if we get out of this mess I'm leaving the country, we have no protection here, whatys the point of stayin?

Paul Panza said...

As the Black Water Dragon marches forward those on top will be laid low. The Neo-Niggers and Their Reptilian Overlords are about to receive the justice they so well deserve. Blessings of Light, Love and Power to all those who resist the tyranny of the incompetent leadership that permeates the global situation.

JonMandell said...

also add the NDAA & the Anti-Protest bill to the list...

Anonymous said...

The extent to which Nasty Pelosi protected Bush from impeachment is well known to (honest) Democrats. A complete total rejection of the wishes of her base voters, the Washington Insider Pelosi did what they all do.

This brave decent honest Republican, Walter Jones will be sold out and screwed over by his fellow Republicans, just as Pelosi derailed the (D) Denis Kucinich effort to impeach Bush.

Dirty war criminals engaging in torture and numerous war crimes, Bush and Obama play for the same team.......the fascists. They beat us down getting us to join up for the big D team or the big R team. Which we join, or whether we switch sides matters not. If we play the tow party game, we lose and the fascists win.

Anonymous said...

dream on. nothing's gonna happen to obama.

Anonymous said...

http://en.wikipedia.org/wiki/Efforts_to_impeach_George_W._Bush

Anonymous said...

It would be appropriate to put Bush Sr., Clinton, Bush Junior and Obama *all* on trial.

We could start with Bush Sr's participation in the Agenda 21 crime spree and end with Obama's crimes against humanity and Constitutional ineligibility. Every one of these criminals deserves the same fate as the head Nazi's at Nuremberg.

Anonymous said...

"Will A Sitting President Finally Be Held Accountable For High Crimes and Misdemeanors? "

-of course not.

Anonymous said...

"dream on. nothing's gonna happen to obama."



Maybe.

If he becomes a liability to his handlers, keep a close watch for the Secret Service supervisor removing inner-perimeter guards during a parade.

Fake Name said...

o boy wouldn't that just be fucking sweet.

Anonymous said...

was Bush held accountable for his war crimes?
Was Clinton held responsible?
Has anyone pres. EVER been held responsible?
There's you answer.

Anonymous said...

WWho is going to hold him to account? The American people? Really? Do they care? Do they even know? Doubt it.

dogismyth said...

you folks just don't get it...well most of you don't

You sound like as if you are already defeated. How can that be? The fight has just begun. Yet, read the comments and listen to folks..."it'll never happen". What a pathetic response.

They want you bewildered, frustrated and tired. They do NOT want you to believe that you can make a change. They want you to become convinced you will NEVER win. They want you to give up hope for change.

They are winning hands down. What will happen will be what people desire and focus to happen.

Change YOUR attitude for the better, more positive and more hopeful. It will be just as contagious as the dissenting and hopeless attitude you are displaying now.

Can't you see that? Wake up and hope for the best and do not become so easily discouraged.

Anonymous said...

FINALLY!

Anonymous said...

In general, Americans lack the intelligence, courage and morality to save the nation. In november, they will select from the usual political garbage, except for Ron Paul who appears honest, so far, but has strange economic ideas. I expect a painful violent future for our decaying country, maybe WW3.

Activist said...

For those who say "dream on", you're just encouraging lawmakers to do nothing. Finally, there is an official resolution put forward by brave lawmakers. It may be a slim chance that it gets traction, but it's certainly doomed to fail if peace activists like ourselves blow it off.

Instead, it would be more productive to notify your Reps of your support for these proceedings no matter what you anticipate the outcome to be.

Thanks for taking the time to visit and comment

Eric Blair

Anonymous said...

Stop Bitching: call your Congress Rep and get them to kick the bastard out

Anonymous said...

I pray the Lord steps in and sets conditions in place to defeat the resistance of unseen forces and Globalists' of darkness!

The end result Obama and Panetta end up impeached and the NWO,so lost to credibility that their tyranical dictatorship of the world falls straight back to the pits of hell!

Terry Black

Anonymous said...

All those who are participants in this treason must be well marked by we the people, including any who might abet it by voting against its punishment as prescribed by law. Our progeny will require a listing of the perpetrators and their dispensation for the history books(which may include the names of those patriots responsible for exacting justice.)

Anonymous said...

That's funny, I didn't read the glaring headlines or see the TV New Bulletins.......I almost missed this....

Anonymous said...

First arrest the likes of Netanyahu, Kissinger et al, then work the lower levels like Bush, Obama'

Anonymous said...

you all are pathetic, racist hillbillys

Anonymous said...

Impeach the Bastard.

Rance said...

The fact that he is brought up on these charges are bad enough an you would think it would effect his numbers ! We will see my guess is that it want this guy Like Teflon I in fact have a new nick name for him Teflon BO ! Your heard it here first spread the word .

Anonymous said...

Here comes the Obama trolls claiming anyone against his policies of death and destruction of earth's poor brown people are racist. Go peddle your bullshit to Fox News where you belong.

Anonymous said...

He's gonna sing like a CANARY!

Victor said...

Flat Out Treason!!! and nobody cares enough in this country to do a damn thing about it! This truly has become a country of cowards and indebted servitude slaves. Whats worse is, there's nowhere else left on earth to escape the total control of this planet by globalist bankster scumbags..... which way do you want to bend over next America?

edward_enoch said...

I have written out the future since 2002. prophesied every major destruction, finanical, physical, political. Many built blogs on what I wrote including this one. Only those registered will receive the promise I made to everyone in 2002.

Anonymous said...

Been wondering why the Repubs were throwing the Prez election this year. Like in 96, they're putting up an unelectable candidate (take your pick) to get a shot at impeachment next term. This is what passes for policy nowadays. Good luck with that. Repubs, if you have no interest in governing, why do you run?

AnneBeck said...

Well, do think about all of this please; IF Obama is successfully impeached prior to Nov, the govt is playing the game, "next-president" and the people need to wake UP.
The Dems would have BIDEN as their candidate, which could be very bad for US. It would very likely be that Biden would get at least one term, aside from whatever would be left from Obama's current term, because he's not ticked off the Dem base.
AS I said to a friend, earlier; America? WAKE UP and see what's being served for breakfast. It
is Biden under the silver cloche.
We really need Ron Paul- like yesterday!

AnneBeck said...

Btw; Anon @ 5:12 this morning? I know of one man running to be POTUS, and it's Ron Paul. They others are plants, in my opinion, to either keep Bibi's Obot in, or to seat Biden. Since Obama's doing so poorly in all polls, I think they have decided on Biden, as only Biden would stand real chance against Ron Paul- if the regular Reps will allow Paul to garner the nomination, this time.

Jolly Roger said...

ooooo....Impeachment.. that'll teach 'em.

Non-sense. What this "impeachment" will amount to is a six-month media circus designed to make Americans believe that we still live under the rule of law.

If someone were to hack off that lying bastard's head and roll it down the street like a bowling ball, we'll actually be moving a lot CLOSER to the rule of law than we are now.

Anonymous said...

You commentors are really sad. Don't you get it? Impeachment may not mean anything from the standpoint of changing policy, but it's the only tool we have to send a message and hold these actions accountable.

We'll never if have justice with the attitude displayed here. You deserve the government you get if you're not willing to use the tools at your disposal for what they were meant to be used for.

Anonymous said...

It's not about who the next president will be, it's about justice and scaring the shit out of the next president not to disobey the Constitution!

Anonymous said...

“U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve U.S. ground troops.”----Ya mean like Iraq and Afghanistan?

Anonymous said...

DEMAND OBAMAS BIRTH RECORDS WHILE YOUR AT IT--IT ONLY SEEMS NATURAL SINCE HE HAS BLOCKED EVERYTHING.

Nana Baakan said...

When Obama came into office, he would not even entertain the prospect of war crimes charges against his predecessor. That was a red light for me, he was covering his own butt, and had every intention of carrying on with business as usual. The Bush Administration Agenda. Folks call him a liberal, a democrat, etc, but to me, he is trickier than Tricky Dick, got more acting skills than Ronald Reagan, more Swagger and charm than Bill Clinton and is the pretty boy Floyd face for Dick Cheney. Same Imperialism, just a different fact. Let's see how much traction this gets in Congress. IMJS

Anonymous said...

I agree with all the anti-obamas and he absolutely should be impeached. But do you really believe that the congressional "whores"
in D.C. will ever allow this to go foreword?
In every respect he has bested every impeached
president so far. This guy goes around the world
"droning" people to DEATH. These are extra-judicial assassinations on a large scale.
How in the world does he think this LUST for blood and death can go on without any blowback from the WORLD? Maybe he thinks he can be "cute"
and the idiot lemmings out there will love him forever!

Anonymous said...

Impeach Obama and those in Congress who voted for the NDAA. Is Ron Paul calling for impeachment. I want Ron Paul for president, and am wondering if he is working with Walter Jones.

VPutin56 said...

To Riverqueen:

Don't be afraid of them. That is what they want. In their arrogance, they assume we'll all just give in and let them walk all over us. WRONG.

I'm well stocked on firearms and ammo. They want to play games, good. We'll play. I'll have no qualms about shooting anyone, from a private in the Army, to the big brass in DC. They've given up their rights to be treated as Americans. From here on out, they are traitors. The penalty for treason, is death.

Don't give them control over you by being afraid.

Anonymous said...

Your title may be a bit of a misnomer...

This is NOT an 'impeachment resolution!' It is a 'concurrent resolution' i.e. a request to the House that it agree with a certain statement by a Representative.

In fact, there is no such thing as an 'impeachment resolution.' To impeach a president, the House has to approve at least one charge set out in an Article(s) of Impeachment. If you read H.CON.RES.107.IH you will see that it does not charge anybody with anything, it is asking the House to agee that a certain act constitutes a 'High Crime and Misdemeanor'. If the house approves Rep. Jones' resolution, then MAYBE they will lay Articles of Impeachment against the president. But as of yet, nobody has been impeached!

Anonymous said...

It should be pointed out that the pres is operating as commander in chief, therefore in actuality we are under martial law, that is what has allowed all this for years in every administration. The rest is just BS designed to make the gullible believe they live under a free society. As long as there is a commander in chief, we are subject to what amounts to a dictatorship. What else could you call it.....they can arrest you without warrant, they can kill you without a trial, they can kidnap anybody in the world with total impunity, the can simply have you "rendered" like sheep...they admit to reading your email, tapping your phone, having the authority to enter your home without warrant, searching your records, computer etc., secretly, and never inform you they did it.....do any of these actions indicate the slightest conditions of a free society? None are more slaves than those led believe they are free....think about it. The entire Washington D.C. scene is nothing but a public show, upon which the "actors" appear on stage to pretend they are independant representatives of the "people". What a pathetic joke! As Ross Perot once so wisely said: "Every now and then, you just have to clean out the barn". That time usually occurs when the smell of horse crap becomes so overbearing as to disturb the taste of dinner......Think about it....how much more of this is tolerable?

Anonymous said...

The President isn't the only entity in the U.S. government that needs to be impeached. His entire cabinet, more than a dozen federal agencies, and 99.99% of The Congress all need to be impeached. Remember, despite Eric Holder & Leon Panetta trying make the authority of The Congress obsolete when it comes to foreign policy, they write the laws, not The President. They could've solved this problem back in 1886 when corporate personhood was born and again in 1913 when the centralized bank that owns the United States was formed, but they did nothing. And every subsequent body of The Congress and The President have done nothing. The U.S. Government is now nothing more than a public relations agency for the bankers who truly run the country. Until the American People purge their entire Government of these blood thirsty criminals, it will only get worse. And remember Americans; there are MANY more of you than their are of them...

Gordon Logan said...

Why is H. Con. Res. 107 being censored in the media? Support H. Con. Res. 107!

As regards the status of the censored impeachment resolution H. Con. Res. 107, things are censored because they are important. The resolution H. Con. Res. 107 is important because it is framed in such a way that it is likely to be passed if it is voted on in Congress. It is being censored so that it can be killed before it is voted on.

H. Con. Res. 107 asserts Article 1, Section 8 of the Constitution which reserves for Congress alone the power to declare war. Section 8 was effectively challenged last week by Secretary of Defense Panetta when he said that he and President Obama would look not to the Congress for authorization to bomb Syria but to NATO and the United Nations.

From the point of view of Congress, that is the most important article in the Constitution. To oppose H. Con. Res. 107, would mean that Congress would vote to revoke its most important constitutional power and tranfer it to NATO or the UN. It is most unlikely to do that. The Resolution is therefore aimed at being bi-partisan, so it is likely to be successful. The Resolution is also framed in such a way that AIPAC will be unable to campaign openly against it. A very powerful lobby - the veterans - will support it.

H. Con. Res. 107 is designed to stop wars on Syria and Iran and needs to be publicly supported. The Resolution also facilitates impeachment for the Libyan war, for which in excess of one billion dollars was spent without consulting Congress. Merely because the media was not allowed to publicize how that money was spent, and what was destroyed with it, does not mean the war did not take place. The Resolution will also partially resuscitate the US Constitution after ten years of attacks by Bush and Obama.

As somebody has said here, there is a huge amount of resentment against Obama, especially amongst 'Caucasians' who have long been paralyzed for fear of being seen as 'racist'. Understandably they detest America's first black president who, after being entrusted with the government of the United States, has repeatedly put his signature to documents that have destroyed the historic political achievements and human rights of white Americans. This in a country in which a long and very bloody civil war was fought for the emancipation of black slaves. Obama has also continued to disgrace the United States in AIPAC's hugely expensive foreign wars.

H. Con. Res. 107 is potentially more effective than a full-blown Act of Impeachment off the bat. After H. Con. Res. 107, Obama will have to consult Congress, no matter what Panetta said last week. The GOP itself may even put paid to Cheney and McCain's 'fifty years of war'. That is why H. Con. Res. 107 needs to be supported.

Anonymous said...

FINALLY!!!!! Obama just might get the rug pulled out from under his grandios ass! I truely believe Obama is mentally ill to think he is above the law and the Constitution, of which he claims to be a scholar and professor! How IRONIC?? Obama is the biggest threat to America as we have always known it! He is responsible for dividing this nation like never before, and is still promoting racism and class warfare. Stright out of Saul Alinksky's text on "Rules For Radicals". A textbook case! His BEST pupil ever! WAKE UP AMERICA- before its too late!

Anonymous said...

We all need to contact our elected officals and let them know that we are standing behind Mr. Jones and we expect them to do the same. Then we need to contact Mr. Jones ourselves to let him know how much we appreciate him doing this. We also need to tell him that he needs to make Obama show all his documents to prove that he is even eligible to be the president. Tell Mr. Jones that he also needs to be impeached for giving money to Solendra when he was told that they were going under. And I am sure we can think of many more things he has done that xalls for impeachment.

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