050818 The impeachment trap you DON’T see coming

050818 The impeachment trap you DON’T see coming

There doesn’t seem to be much appetite for impeaching Trump on collusion or obstruction of justice charges – there’s no evidence, he was exercising Presidential powers, and so on.  Democrats are no doubt straining at the leash to go after him, but they will need 15-to-18 Republicans to help convict.  And the Republicans have no appetite for it in current circumstances.

But there’s an impeachment trap being set that will give RINOS cover for convicting Trump.  In fact, his own words will convict him, and the RINOS will be able to claim the moral high ground.  And they’ll be right.  Anyone who cherishes the Rule of Law will have to agree with these charges.

Now, it’s a weird, twisted, diabolical, unfair, double-negative, reverse kind of trap, but it’s there nevertheless.  And who wants to bet that the Deep State cannot be diabolical or unfair?  Here’s the trap.  The Mueller investigation is not faithfully executing the laws, and that is obvious (see ERpundit posts on the Russia collusion investigation topic).  Trump has called it ‘fake news” and “witch hunt” – showing that he knows it is not faithfully executing the laws.

Well, then, he has a constitutional duty to stop it.  His duty is to “take care that the Laws be faithfully executed”, and if he fails to stop it, that failure will be an impeachable offense.  Is it unfair that the same Senators demanding that he let it keep going … will convict him for not stopping it?  Sure it’s unfair.  But that won’t stop them.

We can all write the pompous script ourselves, we’ve heard enough similar treachery through the years  from APOW (Arrogant Poobahs of Washington):  “Well, we stood by him and didn’t support impeachment when it was just the nonsense about collusion or firing Comey.  There were no grounds for impeachment in those areas.  But this failure to uphold the law, that’s a clear breach of his constitutional duty, and his own words show he knew it.  We cannot let this slide, we cannot have a President who fails to uphold the law.  Blah, blah, blah, yada, yada, yada.”

What can be done to avoid this trap?  Fire Mueller and his whole team, and Rosenstein, et. al., and demand an immediate impeachment trial to clear his name.  You see, he needs the impeachment trial in order to gain access to the Tool Room so he can go on offense.

The Tool Room consists of the power to shape public opinion, to make rules and punish alleged violators, to selectively enforce the law so as to bring enormous pressure to bear on the targets that APOW wants to destroy.  There are four strongholds in the Tool Room:  bureaucracy, judiciary, academia and media.  Bureaucracy (including law enforcement) and judiciary have the power to punish and bankrupt, while academia and media have the power to shape public opinion.

The Tool Room is controlled by APOW, and Trump is at a severe disadvantage in this fight as long as he lets them have exclusive use of the Tools.  But in an impeachment trial, he gets access to the Tool Room and can go on offense.  He neutralizes all four strongholds, and can use the Tools himself.

As the accused in a criminal trial (we lay out in a P.S. below, the ironclad Constitutional proof that impeachment is a criminal trial), Trump gets the seven rights guaranteed to the accused by the Sixth Amendment:  speedy trial; public trial; be informed of the nature of the accusations; be informed of the cause of the accusations; be confronted with the witnesses against him; have compulsory process for obtaining witnesses in his favor; and have assistance of counsel.

He can use two of those in a powerful combination to expose and root out the Deep State.  Since we can clearly see that the CAUSE of the accusations is a political witch hunt, he can call unlimited witnesses using compulsory process and question them about where they got their information, what they were thinking, how they made decisions, etc., exposing the entire witch hunt conspiracy and all involved in it.  He will be exercising the right of the accused to be informed of the cause of the accusations.

The impeachment trial neutralizes the bureaucracy and judiciary because it’s out of their hands.  It neutralizes academia and the media because the American people are seeing the evidence live and unfiltered on C-SPAN, without going through the talking heads who truncate and twist everything into a vicious anti-Trump narrative.  The Trump team will be asking the questions and presenting the evidence, and the public will see and hear it for themselves.

If he calls enough witnesses, he can keep the Senate pinned down in the hearing room through the November election.  Imagine the power of that on the campaign trail – the public getting more and more informed and disgusted daily by the corruption and dishonesty of the Deep State being revealed to them … while the elected part of APOW is trapped in the impeachment hearing and cannot answer.  The jury cannot discuss the trial, right?

Trump is in real danger with this diabolical and unfair impeachment trap, but he can turn it around and go on offense if he’ll stop playing by the Deep State rules.  They’ve brainwashed everyone to think that impeachment is a shameful stain, to be avoided at all costs.  Bah!  That just guarantees the Deep State will have exclusive use of the Tool Room.  President Trump, call their bluff and demand an immediate impeachment trial so you gain access to the Tool Room and can go on offense while neutralizing their strongholds.  You get to put them under oath, and make them sweat facing the penalty for perjury and obstruction of justice while getting bankrupted with legal fees.  See how they like it.  Maybe they’ll gain a newfound appreciation for equal protection of the law.

We’re with you, and the truth is with you.  Do what you have to do.  Go on offense and tear down their strongholds so you can stop being shackled and get on with implementing solutions.

P.S.  the ironclad Constitutional proof that impeachment is a criminal trial:

  1. (Article I, Section 3) “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”  Well, if you’re being tried and can be convicted, then it’s a criminal trial.
  2. (Article II, Section 4) “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.”  You only can be impeached and convicted for crimes.
  3. (Article III, Section 2) “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.”  This clearly states that Impeachment is a criminal trial, but has to be excepted from this clause on jury selection because the jury in an Impeachment is pre-determined to be the Senate.
  4. (Sixth Amendment) “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.  Since Impeachments are not excepted here, the Sixth Amendment guarantees of the rights of the accused apply in Impeachment, which is a criminal trial.  The potential confusion about jury selection here is handled by the “previously ascertained by law” phrase, connecting us back to the portion of the law declaring that the Senate shall be the jury in Impeachments.


ERpundit  –  05/08/2018

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