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

 

obama-message

Impeachment proceedings begin in the House and the Senate over
Obama’s brazen use of aggressive military force without congressional
authority… ~ Videos

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, they renewed their
effort to impeach Obama once he continued to bomb sovereign nations
without congressional approval. 

Now, 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 diffuse 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 explain why the alleged situation on the ground in
Libya was in U.S.’s national interest, cites previous times when the
U.S. military was deployed without congressional approval and claims the
mission was an international support mission with no deployed ground
troops to justify their conclusion.

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 “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 constituted military combat, but claimed the legal basis
for spending U.S. tax dollars on war rested in “international
permission”:


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This impeachment comes on the heals 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 “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 for the first time in history a sitting president may be held
accountable for high crimes and misdemeanors.

 

Eric Blair – March 11, 2012 – ActivistPost

 

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