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Reply #105: MORE: Prosecuting A Sitting President: State-Led Effort [View All]

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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-26-07 09:53 PM
Response to Reply #104
105. MORE: Prosecuting A Sitting President: State-Led Effort
http://www.citizensforethics.org/node/29232#comment-956...

Prosecuting A Sitting President: State-Led Effort
Submitted by Anonymous on 7 July 2007 - 7:32pm.

Suggestion: Read This, Share With State AG

1. Legal Citations In Law Journal Article

Jonathan Turley; American Criminal Law Review, Vol. 37, 2000. From Pillar to Post: the Prosecution of American Presidents

Turley is law prof at Georgetown.

Remind State AG's of their oath. Once Impeachment is off the table, prosecutions remain.

2. Sen. Ashcroft Comments in re Clinton Impeachment

"My first preliminary thought: the president would appear to be subject to the compulsory process of the criminal law. Put simply, the Constitution and our history appear to reflect the fundamental principle that no man is above the law. The president is subject to the law, not above it. If he violates the law, he can be prosecuted.

But there is a second important question, and that is this: Assuming a president can be prosecuted, should he be prosecuted, when impeachment is a viable option? I think not. Prudence dictates that absence extraordinary circumstances, that when impeachment is available to address presidential misconduct, prosecution should await the resolution of the impeachment question by the Congress.

3. Congressional Refusal To Impeach Opens Door To State Prosecutions

If impeachment is off the table, Ashcroft implicitly is arguing that prosecutions remain on the table. Yet, if the US Attys will not prosecute, then the State AGs must.

A. US Attys Thwarted, State AGs Must Act

The President has clearly affected the US Attorneys, blocked DOJ OPR. There's no question that there would be a delay by the US Attys in reviewing these issues. They have no credibility, especially the inaction in the wake of the Grand Jury review of OVP. Wow, big Fitzgerald indictment-conviction gets flushed. Time for the States to target the President with prosecutions.

B. State Level Legislative Actions Blocked

Congress has blocked state level efforts in re House Rule 603 to pass proclamations calling for Congress to investigate. Congress has communicated it is not interested in defending the Constitution using impeachment. Congress decided to take impeachment off the table: Prosecutions can proceed.

Hardly takes a leap of anything to conclude prosecutions remain on the table; and that Ashcroft's comments well support the State AGs in targeting this sitting President.
Paraphrasing Franklin, "You have a Constitution and a Republic. If you want to keep it."

4. Extraordinary: Alleged Congressional Malfeasance On Geneva Violations

Congressional inaction on issues of war crimes, FISA violations, and decisions to take impeachment off the table arguably are extraordinary circumstances: No President has ever been given a blank check by his opposition to violate the Supreme Law, and face not prospect of legal consequences.

DNC Control of Congress is irrelevant when they continue to refuse to use impeachment investigations to compel accountability and this President's assent to the Rule of Law.

Time for the State AGs to get contacted: Game on for state level prosecutions outside Congress outside impeachment. Time to target Members of Congress for 5 USC 3331 violations for failing to use all legal options, including impeachment, to defend the Constitution. Inaction against Members of Congress allows their oath to be meaningless; and for the Constitution to fall into disrepair and nullification. That is impermissible.

5. Action Plan

A. Read the Article by Turley;

B. Contact your State AGs: What is their plan to review the Turley Article and prosecute this sitting President and VP outside Congress;

C. Talk to your friends in other states.

6. Discuss This Draft Indictment At State level

A. State Standing

Constitution guarantees to all States a Republican Form of government, which includes an enforcement mechanism.



B. Assertion of Retained State Power

States have power to do this: Amendment X reserves all non-delegated powers to the States. Congress was not delegated power to prosecute a President only impeach. States retain and may at any time assert this non-delegated, reserved power at any time without coordination with Congress. The intent of framers was for the States to act as one of the last vanguards of the Constitution against an abusive Government. The State prosecution is consistent with the Framers intent of preserving the Constitution, not, as this Congress and president have done, impersmissibly let the Constitution decay.

C. Allegations

President's conduct has denied the States of the Constitutionally Protected Guarantees: Refusal to enforce; failure to defend Constitution; illegal abrogation of Supreme Law and Geneva.

D. Charge

President has violated his oath of office to ensure the States enjoy a Republican Form of Government; and illegally abrogated war crimes.

E. Punishment, Remedy

The President and Vice President may be jailed; pending their release, the Speaker shall Assume Duties of President. President and VP shall retain title of "President' and "Vice President" but all legal duties and power shall be transferred to Pelosi and her Congressionally-approved Nominee, per 25th Amendment, by a simple majority vote in each house.

Make it happen.
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