by Mary W Maxwell, LLB
The Framers of the Constitution had a mathematical view of power. They realistically anticipated power grabs. Hence, they made sure each branch had a way to restrain the other branches.
Thus, if the Supreme Court sees the legislature passing unconstitutional laws, it can in effect void those laws. If the Supreme Court justices act wrongly, the Congress can impeach them. (In 1969, Justice Abe Fortas resigned under threat of impeachment.)
To oust bad Congresspersons or a bad president, the main check is via the ballot box. However, Congress can oust a member of its own chamber by a 2/3 vote. (In 2002, Rep Trafcant was expelled from the House by a 420-to-1 vote.)
A president can be removed by Congress – which, remember, is “the people.” He can be “impeached”– that word merely means accused — by The House of Representatives and convicted by a 2/3rd majority of the Senate. Presidents Bill Clinton and Trump were both impeached by the House but not convicted by the Senate.
In the 234 years from 1787 to the present, Congress passed several laws, also known as statutes, to put more flesh on the way the republic could survive. One type of law they could pass would be to restrain the enormous power of monopolistic corporations. They did this in the Sherman Ant-Trust Act of 1890.
They could also pass a law to restrain foreign involvement in the US government. In September 2018, President Trump wrote an Executive Order about that, and subsequently Congress enacted the relevant provisions – as no president can make law via executive orders. As stated in Article I, section 8 clause 18:
“The Congress shall have Power to … make all laws which shall be necessary and proper for carrying into Execution … all… Powers vested by this Constitution in the Government of the United States or any Department thereof.”
Impeaching President Trump Today
Congress can impeach President Donald Trump now, even though he has only 13 more days in office. The House would have to write up one or more “Articles of Impeachment.” If a majority of the 435 members vote Yes, the case goes to the Senate.
Article II, section 4, says “The President, Vice President, and all Civil Officers of the United States … shall be removed from office on impeachment for and conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.”
As recently as January 2020, the House impeached Trump. When it got to the Senate, the Senate took a “vote on procedure” as to whether evidence would be listened to. They voted No. On the vote to convict, they voted No.
There is no due process and the crimes do not have to be crimes on the books. It is a political affair.
Another way that a president might get “removed,” is for Congress or other persons to pressure him to resign. This is what happened to Richard Nixon in 1974.
The 25th Amendment
What if a president has not done anything wrong but has become mentally ill or otherwise incapacitated? Until 1967 there was no constitutional provision. In that year the 25th Amendment was ratified. It provides for a temporary transfer of power from the President to the vice president,
(Reagan in 1985 and George W Bush in 2002 used it for a short-term medical absence.)
The 25th Amendment also provides for involuntary transfer of power, as follows:
“Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide [Congress hasn’t done so], transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
“Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session.
“If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office”.
Note: This provision has never been used.
Bringing Criminal Charges against a President
No US citizen, including a president, is above the law. Criminal charges may be brought. It is, at present, the “policy” of the Department of Justice to refrain from indicting a president. But policy is not binding.
States can also charge a president with crime. New York’s Attorney General is currently investigating President Trump for possible tax or other crime. Note, however, that indicting or even convicting a president of a crime does not entail his removal from office.
Note: any of the legal methods of trying to remove a president from office can be misused. That is, they can be employed as a form of harassment or as a power grab. The Constitution’s checks and balances does not adequately prevent that. However, the people can weigh in, in whatever manner they wish if they disapprove of an attempt to remove a president.
The people always have ultimate say.
Commentary by Mary Maxwell (not by the Founding Fathers, although She Never Strays Far)
Nancy Pelosi, Speaker of the House, has just announced, on January 7, 2021 at around 4pm, that she wants to use impeachment and/or the 25th Amendment to remove President Trump.
It appears to me that the most efficient method would be impeachment. The four-day delay in the 25th amendment would mean a 9-day (or less) presidency of Mike Pence. In any case, Pelosi does not have authority to start the 25th Amendment procedure, but she does for impeachment.
I might mention that if they impeached both Trump and Pence simultaneously, the Speaker of the House would immediately become President of the United States. Also I forgot to say that President Trump may decide to resign, perhaps in order to get a pardon, from Pence. (Nixon got one from Gerald Ford.)
The Fraudulent Election
As far as I can tell, from reading the evidence, Trump did win the 2020 election. That is, he won enough votes to have achieved at least the minimum number of Electoral College votes (270) on November 3, if the states had declared the numbers honestly.
I believe there was massive cheating, for which particular “software” was the key element. (I also think that happens routinely in US elections – see the 1992 book by Jim Collier entitled Votescam.)
It is clear that this information is being suppressed. Meanwhile, the media have gone to great lengths to make sure the public gets the impression that Trump’s clams of victory are false.
Thus, someone who arranged the cheating in the first place, plus the media, are tied into electoral fraud — which is a federal crime calling for penalty of up to 5 years imprisonment.
Now I ask: How many of the 535 Congresspersons are also indictable for this same crime, as accomplices to the mind-blowing activity that began at 1pm on January 6, 2021 in the Hall of Congress? (I am not referring to the crowd’s behavior, which began later.) They all – with a few exceptions – made mincemeat of the law.
This took the form of legislators misstating – loudly, vociferously – the law that is codified at 3 USC 15. It says that when the ballots are opened in the presence of the President of the Senate, that person can reject any that are not authentic.
Surely that means any that were left unsigned by the Elector, or any that had a signature such as “Jesus Christ.” Or any that purported to come from a state called “Ruritania.” Such, being not authentic, could be thrown out on the authority of Pence without taking a vote.
No such “doozies” did appear on January 6, so that part of the ceremony was over. The next part was for Pence to ask if there were objections. He properly did so, and a few “brave” (what an awful word) Reps and Senators came forward. At this stage they could object to something substantive, such as the candidate on the ballot is less than 35 years of age, hence ineligible for the presidency. They could also have discussed “software problems” – see below.
Pence was required to deal alphabetically, by the state from which the Electors had done their December 14th balloting. Hence, he took care of Alabama and Alaska, to which there were no objections. Next was Arizona to which at least one senator and one rep (as is required by law) gave an objection.
Around that time, the break-in by rioters began, so the task was postponed. At 8pm, Congress reconvened and finished all the states. Various objections were raised, and this meant each chamber had to vote on whether they agreed with the objection. No objection garnered the needed majority vote — in either chamber.
Does Trump Deserve Removal from Office?
Here I will hold forth only on the question of Trump’s behavior in relation to the rioter’s breaching the Capitol Building. I am not well placed to comment as I have so far not been able to find a video of hm egging the people on. Some say he did, some say he didn’t. So I can only offer a hypothetical “ruling.”
To repeat, I do not know if he instructed his supporters to do anything violent or illegal. If he did, punishment would be appropriate. If he didn’t, the whole harass-the-president thing is a disgrace. And for people to say that a crowd should not rally is the heresy of the century!!!
However, as I said in yesterday’s article at GumshoeNews.com, I personally hold it against Trump that he did not get the word out about the software, and did not get the word out about Mike Flynn’s alleged arrest of CIA Director Gina Haspel. We need to know. How could it possibly be a secret? Who does he think he is?
To me, he is the guy who can’t bother to scratch the names of Leonard Peltier and Julian Assange on his pardon pad, but can set free a group of war criminals.
I also said I’d like to punish Trump for not punishing Barr. A sin of omission, so to speak.
What a scream, I made a typo — The Ant-Trust Act. And that’s about all it amounts to!
https://twitter.com/GhostEzra
I don’t know what the person said, but ‘account suspended’ – probably it was full of truth or as now known – forbidden hate speech.
Mary, there is no doubt, that Trump has been targeted from the onset ( 2016 ). Remember he outsmarted all in 2016 by picking the obvious middle ground. He made genuine ploys to the African Americans, who despite being previously governed by Obama, were still being left behind and treated as second class citizens. He secured their confidence, and subsequently their vote.
The UN also thought they had that election in the bag for Hillary, they had no idea that Trump would succeed, and they have been pissed ever since. It has been said that this time round, Trump cannot be successful again , and thats not up for negotiations by the UN. ( Karma for exiting the UN )
In relation to the MSM’s portrayal of the Trump and Rudy’s alleged incitement of Trump supporters, nothing that either of them said, was directing or inciting the events that took place.
As usual the MSM used selection journalism , to their advantage,
The smear campaign on Trump by MSM , has been nothing short of gut wrenching and sickening at times.
Most of the time , we are witnessing pure evil , at its best.
Pence was a surprise , when he first took his chair in Congress, I said OMG !!! Whats with the Blue Tie ? . I knew then , he had flipped.
Like alot of others , I have personally watched and researched hundreds of hours of anything on this election dispute. My personal option , there was definitely Election System Fraud that took place.
Were they out to get Trump ( because he already drained most of the swamp ) Yes , a resounding Yes.
I agree with you Mary, in that , he seems to have missed many opportunities of going public with successful achievement’s.
I still maintain my personal belief , that he knows what he is doing , and as has been hinted and quoted many times by Trump and members of his legal team , they want the full crime and nothing but the full crime.
He is apparently at Camp David with others at the moment, we should see some movement around the 13th Jan.
He has always had an ace up the sleeve.
To quote Neut Gingrich.
” No one should underestimate , how smart Trump is “
AGREE Peter,… pure evil. One part of me hopes that some justice will prevail. But something tells me that the swamp is deep and putrid, that 4 years was way too short. Maybe that is who sapiens are — we are a putrid species, and we are we designed to be swamp creatures. Homo swampiens. I was hoping better for sapiens.
Peter, no one is underestimating Trump. (Hard to underestimate a negligible estimation).
Seems to me that a hell of a lot of people (that should know better), are OVER-estimating him.
Dearly Beloveds of Gumshoe,
Just to clarify, but you surely already know, that my piece was a neutral report on “what’s in the law.” Basically, I adore our fantastic heritage of law, and furthermore I think it will actually save us.
Now for the bit about me not being able to track what Trump said to the crowd — I still haven’t tracked it, except I have found that he did say “It’s going to be wild” and that the news misquoted that he said “be wild.” Hilarious.
Now here’s the good news. Paul Craig Roberts got an email from a cameraman who was at he back of the Capitol building and saw the infiltrators and quotes them. I now link you to the entire insightful article by PC Roberts. (The cameraman’s item is about halfway down.):
https://www.paulcraigroberts.org/2021/01/07/americas-color-revolution-2/?utm_source=newsletter&utm_medium=email&utm_campaign=america_s_color_revolution&utm_term=2021-01-07
William Butler Yeats: “How can we know the dancer from the dance?” (I mean how can we distinguish good law, such as the US Constitution, from reality-on-the-ground?)
Easy. Consider this hypothetical. Lately there is RUMOR that Pence is a pedophile, hence can be controlled by blackmail. So today, Nancy’s owners could force him to resign. Ten minutes later Nancy gets Trump impeached – without the bother of impeaching Pence. (Remember, the Senate majority leader is already Schumer, not Mitch.) Pelosi becomes president, on the spot. Rolls out the CJ to supervise the Oath of Office.
People might say, that just proves that the law is stupid. I say no, it proves that R Soles are stupid.
MM, we had this discussion last night. I don’t think we should be debating the pres. If courts can not hear 1000 affidavits of treachery… then why are the blackmailed and stood-over Congress folk going to be any different. Law in the US has no meaning anymore it seems.
“…forsake your integrity as Congressmen…” Hello?
Aussies, when it was 11am here, Jan 8 (NH) and 3am, Jan 9 in Sydney, the “Trending” feature on the Gumshoe homepage showed a Feb 2015 artile by Dee, re Rupert Murdoch.
I think folks fail to appreciate Dee, and the one who most fails to appreciate Dee is Dee.
She is so far ahead of the crowd, as an editor (and website owner), that we take for granted that a person can not only see through the media, but catch them out in many matters where no one else has caught them out. I can give you a list later (MH17 comes to mind), but for now just look at this:
https://gumshoenews.com/2015/02/04/rupert-murdoch-this-could-be-your-greatest-hour/
Film of the ‘rioters’ in DC being let in by the police.
https://twitter.com/christina_bobb/status/1347596278583197698
It seems that the oxygen-consuming entity known as “Pelosi” – that which declares not to have had a father or mother – is going all in with its Sabbatean agenda.
• “Complete Tool” of Vladimir Putin: Democrats Vow to Impeach Trump Right Now Over Capitol Standoff
https://southfront.org/complete-tool-of-vladimir-putin-democrats-vow-to-impeach-trump-right-now-over-capitol-standoff/
The following contains some video from the inside where one of the ‘guards’ is pretending to try and ward off these ‘marauders’ … the only thing missing is some children standing with cardboard cut-outs of trees and clouds. Just watch the first 30 seconds.
• Storming of U.S. Capital Building A Staged Event – The Best Is Yet To Come – Checkmate
https://www.bitchute.com/video/sGaqxbrZggfC/
The freedoms of our grandchildren are indeed under threat.
YEP… it was a carefully planned event to let the ANTS into the building to make a case of how bad the Trump supporters are. For us to even be debating the Pres I think is being drawn in to debate the consequences of the false flag. The Dems have been inciting violence for 7 months.
The fact is the fraud is SO bad, this is beyond the president. This is about the democracy of choice, and the president has nothing to do with it. Why should the pres be trying to prosecute the fraud. All the men in law and order should be prosecuting it.
The way I see it — THERE IS NO LAW in the US (or here) and there is nothing left you can call law and order. For the GOP leader to stand up and say there is no fraud (to sway the election) is like saying the sea is red not blue.
Ditto, the law died in Australia and US.
No worries, we’ll get it back.
“The way I see it — THERE IS NO LAW in the US (or here) and there is nothing left you can call law and order.”
I agree, every institution has been compromised. At some point people have to realize that complying with the ‘system’ is for fools. The system has no credibility and is against you, why should you obey their orders?
The media continues to demonize conservatives, which only further enrages the conservatives. I’m wondering when the shooting starts.
You can actually hear one of those paid actors say something like “I think they’re going to lock us in”. Clearly he had no idea why they were there or why they were instructed to dress up and assemble as they were. He got a bit nervous when he had to follow the group through a doorway into a dark corridor.
I wonder how much he was paid – a few hundred dollars, probably. Pathetic excuse for one of our species!
This psyop is so blatant – just as blatant as the Christchurch psyop – that they will have to start shutting down channels and fining people for watching this nonsense.
Good news: Dominion has sued Powell. I’m sure she will counter-sue and win. Boy, they sure went in to that one with their eyes closed.
Watch Dominion run the case with lots of adjournments and motions to wear down and exhaust the funds of Powell, then try to quietly withdraw their law suit. Powell is a good lawyer, I hope she locks them in and sets them up in a counter suit.
Gawd, the stench in America can be smelt all the way over here in Oz.
Agree, it matters not if you’re the best lawyer. As Dr Day said “nothing can stop us now” not even SCOTUS.
The courts are so corrupt that the case will be interesting to watch, just from the point of viewing the extent of the corruption. Just like the election made a mockery of democracy, the court case will likely make a mockery of the legal system.
Did you know that there are actually people that WANT to immigrate to the U.S.?
Probably the owners of FB and TWIT-TWIT are too young to know what lese majeste is.
I feel sure I could indict them and a ham sandwich for treason, for attacking the prezzie’s telephone type thing.
Trump twitter account suspended — for how long? Long enough to bury the laptops and everything else.
Just Trump? Hear a current report on many more at X22……….The purge has commenced.
Been there with Lenin, Stalin, Hitler, Mao etc. Just remember history. Now it will be Biden and Co.
https://beforeitsnews.com/opinion-conservative/2021/01/x22report-panic-in-dc-giant-voice-the-purge-has-begun-must-video-3560767.html
I can’t wait until Biden steps aside and Ho Harris becomes the U.S. president. Crikey, what a hoot!
Prepare for the new “Domestic Terrorism Bill”
The Patriot Act 2 is on the way, from the same author behind the smash-hit original …
https://off-guardian.org/2021/01/08/prepare-for-the-new-domestic-terrorism-bill/
and read Caitlin Johnstone –
The Boot Is Coming Down Hard And Fast
https://caitlinjohnstone.com/2021/01/09/the-boot-is-coming-down-hard-and-fast/
Mary, your article ends with : ‘I’d like to punish Trump for not punishing Barr’.
Hmmm, are you forgetting to make mention of some other sins of Donald J Chump that are somewhat more egregious (like perhaps by a factor of 100 or 10,000) ?
Stuff like :
1) Trump’s crippling escalation of sanctions on Yemen and Venezuela (to name just two among many), that are documented to have resulted in the mortality of tens of thousands OR ….
2) The luring of Iranian General Soleimani to Iraq by Trump on the pretext of brokering a peace negotiation in the region and then treacherously executing him in a drone attack.
This was a blatant incitement and act of war OR …
3) Appointing an endless list of known warmongers and minions of the Usury Cartel of Bankers in key cabinet positions OR ..
4) Presiding over (indeed advocating for) the most fiscally and monetarily profligate spending policies by any POTUS since the beginning of the Republic – thus fast tracking the bankruptcy of America OR …
5) Delivering on EVERY request from his dear mate Bibi Netanyahu (relating to annexation of territories that Israel illegally occupied), on behalf of the Apartheid Israeli state and thus cementing his reputation as the most servile Zio-puppet POTUS since LBJ.
6) Bribing the the incoming Ecuadorian President to abolish asylum status for Julian Assange in the Ecuadorian Embassy and thereafter facilitating the forceful extraction of Assange and subsequent torture, incarcerated in solitary confinement for 23 hours per day AND ….
….much, MUCH more.
Mary, even the least of these acts of depravity above are orders of magnitude more egregious than ‘not giving Barr a rap on the knuckles’, as you would’ve wished.
Mary, Ned’s inability in apportioning qualitative blame on Trump’s despicable crimes (in fact, Ned ignores them completely since they’re not part of the X22 psyop narrative), has rubbed off on you.
Mary, I fear for you. You’re losing your objectivity.
Barr is my metaphor for the DoJ.
Veggie dear, with the exception of #2 my articles have covered all the items you mention.
As for “Maxwell v Trump”. I will run that video again below (if it has not been twitterized).
Hey tv, I thought you ignored what q was doing. If you do not follow q and Dave’s interpretation how would you know what is afoot?
Ned, you thought right – I do ignore them.
Other than those who are privy to the actual back room deals (perhaps ‘w3’ or Nemesis who get advance warning through the Hebrew Odigo Messenger service), I don’t know exactly what’s going to happen.
However, to the extent that I had heard Q or Zio-Dave’s musings (you’ll recall that you asked me to listen to a few X22 Mis-Reports), they’ve served as an excellent barometer of what’s NOT GOING TO HAPPEN – since they are contrarian indicators.
This I why I’ve been able to predict everything that’s transpired in recent months.
In other words, whatever Zio-Dave and Q are forecasting, you can safely bet that the OPPOSITE will eventuate.
Fair enough Mary, but the entirety of the mischief perpetrated by the DoJ (Dept of Jewry), is still knee high to a grasshopper in comparison to my bullet points.
Define “sapiens”
Can you please answer a simple question for me?
Why can’t Trump pardon himself?