high crimes and misdemeanors in presidential impeachment

Meaning of "High Crimes and Misdemeanors"

by Jon Roland, Constitution Society

Sick Bias Radio

The question of impeachment turns on the meaning of the phrase in the Constitution at Art. II Sec. 4, "Treason, Bribery, or other high Crimes and Misdemeanors". I have carefully researched the origin of the phrase "high crimes and misdemeanors" and its meaning to the Framers, and found that the key to understanding it is the word "high". It does not mean "more serious". It refers to those punishable offenses that only apply to high persons, that is, to public officials, those who, because of their official status, are under special obligations that ordinary persons are not under, and which could not be meaningfully applied or justly punished if committed by ordinary persons.

Under the English common law tradition, crimes were defined through a legacy of court proceedings and decisions that punished offenses not because they were prohibited by statutes, but because they offended the sense of justice of the people and the court. Whether an offense could qualify as punishable depended largely on the obligations of the offender, and the obligations of a person holding a high position meant that some actions, or inactions, could be punishable if he did them, even though they would not be if done by an ordinary person.
Offenses of this kind survive today in the Uniform Code of Military Justice. It recognizes as punishable offenses such things as perjury of oath, refusal to obey orders, abuse of authority, dereliction of duty, failure to supervise, moral turpitude, and conduct unbecoming. These would not be offenses if committed by a civilian with no official position, but they are offenses which bear on the subject's fitness for the duties he holds, which he is bound by oath or affirmation to perform.
Perjury is usually defined as "lying under oath". That is not quite right. The original meaning was "violation of one's oath (or affirmation)".
The word "perjury" is usually defined today as "lying under oath about a material matter", but that is not its original or complete meaning, which is "violation of an oath". We can see this by consulting the original Latin from which the term comes. From An Elementary Latin Dictionary, by Charlton T. Lewis (1895), Note that the letter "j" is the letter "i" in Latin.

periurium, i, n,, a false oath, perjury.

periurus, adj., oath-breaking, false to vows, perjured. iuro, avi, atus, are, to swear, take an oath.

iurator, oris, m., a swearer.

iuratus, adj., sworn under oath, bound by an oath.

ius, iuris, that which is binding, right, justice, duty.

per, ... IV. Of means or manner, through, by, by means of, ... under pretense of, by the pretext of, ....

By Art. II Sec. 1 Cl. 8, the president must swear: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." He is bound by this oath in all matters until he leaves office. No additional oath is needed to bind him to tell the truth in anything he says, as telling the truth is pursuant to all matters except perhaps those relating to national security. Any public statement is perjury if it is a lie, and not necessary to deceive an enemy.
When a person takes an oath (or affirmation) before giving testimony, he is assuming the role of an official, that of "witness under oath", for the duration of his testimony. That official position entails a special obligation to tell the truth, the whole truth, and nothing but the truth, and in that capacity, one is punishable in a way he would not be as an ordinary person not under oath. Therefore, perjury is a high crime.
An official such as the president does not need to take a special oath to become subject to the penalties of perjury. He took an oath, by Art. II Sec. 1 Cl. 8, to "faithfully execute the Office of President of the United States" and to "preserve, protect and defend the Constitution of the United States" to the best of his ability. While he holds that office, he is always under oath, and lying at any time constitutes perjury if it is not justified for national security.
Independent Counsel Kenneth Starr erred in presenting in his referral only those offenses which could be "laid at the feet" of the president. He functioned like a prosecutor of an offense against criminal statutes that apply to ordinary persons and are provable by the standards of "proof beyond a reasonable doubt". That is not to say that such offenses are not also high crimes or misdemeanors when committed by an official bound by oath. Most such offenses are. But "high crimes and misdemeanors" also includes other offenses, applicable only to a public official, for which the standard is "preponderance of evidence". Holding a particular office of trust is not a right, but a privilege, and removal from such office is not a punishment. Disablement of the right to hold any office in the future would be a punishment, and therefore the standards of "proof beyond a reasonable doubt" would apply before that ruling could be imposed by the Senate.
It should be noted, however, that when an offense against a statute is also a "high crime or misdemeanor", it may be, and usually is, referred to by a different name, when considered as such. Thus, an offense like "obstruction of justice" or "subornation of perjury" may become "abuse of authority" when done by an official bound by oath. As such it would be grounds for impeachment and removal from office, but would be punishable by its statutory name once the official is out of office.
An executive official is ultimately responsible for any failures of his subordinates and for their violations of the oath he and they took, which means violations of the Constitution and the rights of persons. It is not necessary to be able to prove that such failures or violations occurred at his instigation or with his knowledge, to be able, in Starr's words, to "lay them at the feet" of the president. It is sufficient to show, on the preponderance of evidence, that the president was aware of misconduct on the part of his subordinates, or should have been, and failed to do all he could to remedy the misconduct, including termination and prosecution of the subordinates and compensation for the victims or their heirs. The president's subordinates include everyone in the executive branch, and their agents and contractors. It is not limited to those over whom he has direct supervision. He is not protected by "plausible deniability". He is legally responsible for everything that everyone in the executive branch is doing.
Therefore, the appropriate subject matter for an impeachment and removal proceeding is the full range of offenses against the Constitution and against the rights of persons committed by subordinate officials and their agents which have not been adequately investigated or remedied. The massacre at Waco, the assault at Ruby Ridge, and many, many other illegal or excessive assaults by federal agents, and the failure of the president to take action against the offenders, is more than enough to justify impeachment and removal from office on grounds of dereliction of duty. To these we could add the many suspicious incidents that indicate covered up crimes by federal agents, including the suspicious deaths of persons suspected of being knowledgeable of wrongdoing by the president or others in the executive branch, or its contractors.
The impeachment and removal process should be a debate on the entire field of proven and suspected misconduct by federal officials and agents under this president, and if judged to have been excessive by reasonable standards, to be grounds for removal, even if direct complicity cannot be shown.

1938 German Gas Chamber Exposed or Turn your Guns Over.

If a Picture is worth a thousand words then this picture has to be worth at least a thousand words with years of pain and emotion turmoil.  Do not forget how this began, Liberal Progressives wanted to protect you from yourself and others by taking your guns away from you.

'I am not your peasant... I will NOT be disarmed:'

Marine's scathing letter to U.S. senator over her proposed ban on assault weapons goes viral

By Daily Mail Reporter
PUBLISHED: 18:51 EST, 3 January 2013 | UPDATED: 13:37 EST, 4 January 2013 
 

A scathing letter written by a Marine veteran blasting a proposed ban on assault weapons has gone viral online.
Cpl. Joshua Boston wrote the letter to U.S. Sen. Dianne Feinstein, a Democrat from California, who proposed the bill banning certain firearms and requiring gun owners to register their weapons.
'I am a Marine Corps veteran of eight years, and I will not have some woman who proclaims the evil of an inanimate object, yet carries one, tell me I may not have one,' he writes in the letter.
'I am not your servant. I am the person whom you serve. I am not your peasant. I am the flesh and blood of America.'

Anger: U.S. Marine Corporal Joshua Boston's letter to Senator Diane Feinstein telling her that he will not comply with her proposed legislation to ban assault weapons has gone viral

Boston was first deployed to Afghanistan from 2004 to 2005 and spent a total of eight years oversees serving as a Marine. He admits he owns guns - 'a hobby if you will', he writes on one blog.
In his letter, which has been shared across social media sites since it was posted on CNN iReport, he argues the bill would lead to the government confiscating weapons - a move he deems a threat.

 

More...

• Record gun sales at Virginia weapons show as families ‘stock up’ on arms after Sandy Hook massacre
• Hypocrisy of the anti-gun Hollywood stars: Hilarious YouTube video reveals the bloody roles filmed by celebrities now calling for gun control
• Teachers trained to use guns in classroom: American school tutors get free weapons lessons ‘to protect pupils' after Sandy Hook massacre

'I own the guns I own because I acknowledge mankind's shortcomings instead of pretending like they don't exist,' he told CNN. 'There are evil men in this world and there just may be a time when I need to do the unthinkable to protect me or my family.'
In the letter, he tells Feinstein: 'You ma'am have overstepped a line that is not your domain.'

In the letter, he tells Feinstein, (D-CA) (pictured) 'You ma'am have overstepped a line that is not your domain'

'I will not be disarmed to suit the fear that has been established by the media and your misinformation campaign against the American public,' he writes, adding, 'We, the people, deserve better than you.'
The letter was posted on CNN iReport on December 27 and has since been shared extensively on social media sites like Facebook and Twitter.
On Twitter, a user named Mid Stutsman provided a link to the letter and wrote, 'Go Joshua Boston...Semper Fi! U.S. Marine’s Scathing Response to Sen. Feinstein’s Gun Control Proposal.'
Twitter user @LaTicaChica added: 'Doesn't get any better that that! Big fist pump, three cheers, etc. for Joshua Boston's verbal smack down with the TRUTH!'
Feinstein's bill names 120 specific firearms she seeks the country to ban, import and manufacture, as well as other semiautomiatic rifle, handguns and shotguns that have more military characteristics.

Defiant: Boston (left) served in Afghanistan from 2004 until 2005 and in 2011, and says he owns guns, right

Love: He has called guns his 'hobby' and said he may one day need them to protect his family

At work: Boston (left) talks to an Afghani man during a patrol in Sistani, Helmand Province in 2011

It also bans large-capacity ammunition feeding devices accepting more than 10 rounds.

Yet it seeks protection for legitimate hunters and gun owners by allowing more than 900 weapons used for sport and those that are antique and manually operated.
Cpl. Boston's reference to Feinstein carrying a weapon may be a reference to her desire to outlaw handgun ownership while admitting she carries one herself, for protection.
This latest debate over gun ownership was sparked by the December 14 massacre at Sandy Hook Elementary School in Newtown, Connecticut, where six staff and 20 children were shot dead.

Wading in: CNN host Piers Morgan outraged thousands of Americans for his tough stance on gun control

CNN host Piers Morgan has taken one of the toughest stances on gun control, even calling one pro-gun campaigner an 'unbelievably stupid man' after he said more guns would cut crime.
His comments have led to more than 100,000 people signing a petition to get the British host deported from the United States, claiming he has undermined the 'rights of Americans'.
More than 30,000 people die from gun injuries each year, according to the Centers for Disease Control and Prevention. Gun injuries account for nearly 1 in 5 injury deaths in the U.S.

'YOU MA'AM HAVE OVERSTEPPED A LINE': JOSHUA BOSTON'S LETTER

Senator Dianne Feinstein,

I will not register my weapons should this bill be passed, as I do not believe it is the government’s right to know what I own. Nor do I think it prudent to tell you what I own so that it may be taken from me by a group of people who enjoy armed protection yet decry me having the same a crime.

You ma’am have overstepped a line that is not your domain. I am a Marine Corps Veteran of 8 years, and I will not have some woman who proclaims the evil of an inanimate object, yet carries one, tell me I may not have one.

I am not your subject. I am the man who keeps you free. I am not your servant. I am the person whom you serve. I am not your peasant. I am the flesh and blood of America.

I am the man who fought for my country. I am the man who learned. I am an American. You will not tell me that I must register my semi-automatic AR-15 because of the actions of some evil man.

I will not be disarmed to suit the fear that has been established by the media and your misinformation campaign against the American public.

We, the people, deserve better than you.

Respectfully Submitted,

Joshua Boston

Cpl, United States Marine Corps

2004-2012

Baby Holding Gun Learning to save America

Saving one American at at time..

Health Care Cancellations 28 Feb 2014

Health Care Cancellations as of 28 Feb 2014

Lawyer Releases Video Of Man's Death In Police Custody In Moore

Abuse - Of the Police -
Posted: Feb 25, 2014 9:16 AM EST Updated: Feb 25, 2014 1:14 PM EST

By News9.com and Wire Reports - email

News9.com - Oklahoma City, OK - News, Weather, Video and Sports | 

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Lawyer Releases Video Of Man's Death In Police Custody In Moore

Posted: Feb 25, 2014 9:16 AM EST Updated: Feb 25, 2014 1:14 PM EST

By News9.com and Wire Reports - email

The Rodriguez family's lawyer released the video of the incident during a press conference on Tuesday.

MOORE, Oklahoma -

A lawyer for the family of a man, who died outside the Moore Warren Movie Theater while in police custody, has released a video of the incident.

Luis Rodriguez died earlier this month after a confrontation with police outside the theater in Moore.
2/15/2014 Related Story: Family Says Moore Police Beat Father To Death
Police say the 44-year-old Rodriguez became uncooperative when officers questioned him about a possible domestic disturbance. Police handcuffed the man.
2/18/2014 Related Story: Moore Police Hold News Conference Concerning In-Custody Death
Rodriguez's wife and daughter say police then started beating him. Autopsy results are pending.
The Rodriguez family's lawyer released a cellphone video of the incident and a statement at a Tuesday news conference in Oklahoma City.
The video shows 44-year-old Luis Rodriguez on his stomach on the ground outside the theater with five police officers restraining him. One officer holds Rodriguez's head down and the others are on top of him as they handcuff his hands behind his back.
Rodriguez's wife, who shot the video, is later heard screaming and asking if Rodriguez is dead as he is placed on a stretcher.
We have attached the video to this story. Warning: the video may be considered graphic to some viewers.
"He was not involved in the disturbance. However, when police came, they focused their attention on Luis. Taking him face down onto the pavement, pepper-spraying his mouth, nose and eyes and putting the weight of five grown men on top of him, and then handcuffing him as he was unconscious or already dead," said Michael Brooks-Jimenez, attorney for the Rodriguez family.
Moore Police Chief Jerry Stillings said he stands behind his officers' actions and said he did not see anything inappropriate on the cell phone video as far as his officers' actions.
There is security camera footage from the Warren Theater. However, that has not yet been made available for us to see.
OSBI has taken over the investigation into the death.
Police say three officers involved in the incident are on administrative leave.

WATCH: Old Guard Sentinel Puts Laughing Tourists In Their Place At Tomb of the Unknown

WATCH: Old Guard Sentinel Puts Laughing Tourists In Their Place At Tomb of the Unknown Soldier Respect our nation's military veterans and fallen heroes

 

Youtube

 

 

 

MSNBC - Melissssa Harrissss Perry "RACISST"

Put your tongue back in your mouth..  How does this racist even have a stupid show with stupid guest >???

There is no Such Thing as Gun Control, Only People Control.

Dan Bongino just wrote this open letter and I second it:

An open letter to the establishment GOP.
I am serving you with divorce papers. For those who are unaware of what happened, the establishment wing of the Party has openly declared war on the grassroots.
For those who say this fight is hurting the Republican “brand” I reply; it is those on both sides of the aisle who have betrayed their principles in the name of Party, that have destroyed their “brands”.

As for the GOP, we used to stand for something; a lean, effective government, vibrant and robust individual liberty, and a passionate defense of the value of hard work and a commensurate respect for your wages by consistently fighting for your right to keep more of them. Where do you stand now? I know where the grassroots does.
This is our Party and we will demonstrate to the people we hope to represent that there is a group of people out there who refuse to be part of any “managed decline”. We will only be part of a spectacular American resurrection.
America’s best days are ahead and you and your fellow insiders and cronyists and “Party before country” loyalists, on both sides of the aisle, can bathe in your titles and power now but understand that I, and many others, have dedicated our lives to draining the dirty water from the bathtub.
Consider yourself served.

BOOM! Count me in.

Knock Out Game Gone Wrong - Victim Fights Back.

The video appears to show a male assailant initially running through a shopping center on the 3600 block of South Las Vegas Boulevard, in the area of the Bellagio, toward a woman. As he closes in, the camera cuts away for a brief moment.

Once it refocuses on the incident, the alleged attacker is on the ground and being struck multiple times by the woman he tried to attack.

Seconds later, an unidentified male — who, according to the video’s title, may be the woman’s boyfriend — enters the scene and kicks the alleged assailant near his face.

“You just hit her bro,” he says, as the woman continues to beat the man and multiple bystanders begin to flood the scene.

One bystander moves forward and the unidentified male repeats, “He just hit her man!”

“Yeah, he did,” echoes one bystander.

“He just hit her,” adds the cameraman.

“Oh s***. Dude he’s f***in—,” the cameraman continues. “His nose is bleeding dude. Oh my gosh.”

The video ends with a bystander tending to the alleged assailant who was still on the ground.

According to Hadfield, it appeared the crime depicted in the video is a misdemeanor battery charge, punishable by 6 months in jail and/or a $1,000 fine.

Nevertheless, police said the victim does not want to prosecute and no serious injuries were reported.

z

Video

Did they just call him the "H" word ? Well, is he ?

Facts are real and history always repeats itself.

EPIC BRUTAL VIOLENCE - Knockout Game Guy Shot twice and Arrested.

SickBias - Violent teens out of control attack the wrong man. He shot the teen 2 times and now the teen is serving 1 year and laughs about it as if it was a joke.  Knockout is not a game its a crime and America will shoot you. Epic Brutal Violence must be met with a strong resistance to deter these bastards.

Daniel Defense

Comedian Rips into MSNBC; Calls Sharpton ‘Pig,’ ‘AssHOle' "JackAss'

Jim Norton, on HuffPostLive, attacks liberal hypocrisy on race and political correctness.

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How to End an Abortion Debate Quickly

Whenever I get into a lengthy discussion or debate with a eugenicist (oops, I mean "pro-choicer") about abortion, eventually we get to the argument that since the mother and father do not want this child, and in most cases will live in poverty, abuse, and/or an orphanage - in other words, a life not worth living, I recommend that you consider asking this question:

Can you describe to me a situation that could happen to you in your life that would cause you to actually commit suicide?

This should not be rhetorical. Make them tell you how bad it would have to get in oder for them to really do it. And I don't mean to describe a situation in which he or she would think about committing suicide, I really mean actually carrying it out.

If the pro-choicer begins to describe a situation, then you have the moral high ground. In fact, I would go as far as saying that the character of your debate opponent is so questionable that you could claim that he or she should have no right to have a say in government policy anyway.

But if they say "No," they cannot describe such a situation, as I believe most will, then you can point out the moral of this exercise:

An innocent life is a gift that should take precedence over any worldly situation that life may be confronted with.

Food stamp nation: Should this woman qualify for SNAP benefits?

Posted at 9:44 am on November 23, 2013 by Twitchy Staff | View Comments

789

Been on the phone with food stamps for the longest 😩
—
HBD COURTNEY (@_EatMyTweets13) November 04, 2013

[Update: @_EatMyTweets13 locked down her Twitter account just before noon ET on Saturday. Twitchy has added screenshots of photos to this post so that they can still be viewed by our readers.]
Think the food stamp system isn’t broken? Meet @_EatMyTweets13.
According to her Twitter feed, @_EatMyTweets13 called to check her food stamp balance earlier this month. She was surprised to learn that she’s still getting assistance and the balance has grown to $400.

My food stamp account looking like 400 because I didn't know I still was getting them . 👏—
HBD COURTNEY (@_EatMyTweets13) November 04, 2013

Many of our elected officials caw about how food stamp fraud, illegal sale of EBT cards and benefits that exceed need are the stuff of myth. Oh, and of course nasty conservatives hate the poor because they won’t increase entitlements.
But evidently @_EatMyTweets13 doesn’t exactly need SNAP benefits to meet her nutritional needs.

I might let them build up and sell them—
HBD COURTNEY (@_EatMyTweets13) November 04, 2013

Hey, guys, she’s got a cable bill to pay.

My cable bill 140 😩—
HBD COURTNEY (@_EatMyTweets13) November 04, 2013

There’s no evidence that this young woman committed food stamp fraud. All we know is that according to her tweets, she receives benefits she doesn’t seem to use. But D.C. pander-bears continue to protect a system in which people who do just fine without food stamps look forward to a taxpayer-funded payday each month.
What else do we know about @_EatMyTweets13?
She has an iPhone. (Service plans don’t come cheap.)

Phoning wit my best friend http://t.co/80apffd08T—
HBD COURTNEY (@_EatMyTweets13) October 28, 2013

“@JUICY_BRI: Quote this with a mirror picture.” http://t.co/WmkXZxTnKM—
HBD COURTNEY (@_EatMyTweets13) October 25, 2013

And she likes to use that iPhone to tweet about her surprisingly high food stamp balance.

She has WiFi:

Trying to get new wifi . Dish suck ass man it's like we don't even have wifi .—
HBD COURTNEY (@_EatMyTweets13) September 08, 2013

And she seems to have money for weed.

Need to smoke me a joint . Let me call my weed man 💨💨💨—
HBD COURTNEY (@_EatMyTweets13) October 25, 2013

https://twitter.com/_EatMyTweets13/status/393561509441568768

Let me get dressed to go get me some weed—
HBD COURTNEY (@_EatMyTweets13) October 27, 2013

She cranks up her air conditioning like it’s going out of style.

I'm cold but I won't turn off the ac because its going to be hot after 5 min—
HBD COURTNEY (@_EatMyTweets13) September 19, 2013

It's soooo cold in my house . Everybody keep telling me to turn the AC off . Hell no—
HBD COURTNEY (@_EatMyTweets13) October 25, 2013

And she likes to hit IHOP, Hooters and TGI Fridays for grub.

Hooters got some good ass wings you just gotta get them HOT and breaded 😩—
HBD COURTNEY (@_EatMyTweets13) September 10, 2013

Hungry about to go to ihop when my phone finish updating—
HBD COURTNEY (@_EatMyTweets13) September 19, 2013

At TGI FRIDAYS . I needed to take myself out . I had a rough week—
HBD COURTNEY (@_EatMyTweets13) September 28, 2013

Tgi Fridays always get my money .—
HBD COURTNEY (@_EatMyTweets13) September 28, 2013

So … what’s on her agenda for next week?

I wanna go to Black Fridays this year. I need some new clothes and my mama iPad for her birthday—
HBD COURTNEY (@_EatMyTweets13) November 21, 2013

Worst President Ever - Media all over Obama numbers tanking.

Worst President Ever.

 

Video One Picture Below.

approval rating 39% and Disapproval 54%  You Suck \obama and now the liberal media is on to you finally now that they have pulled their lips off your.......

 

 SICK BIAS

Obama Care Navigators instructed to LIE !!!!!!!!!!!

ObamaCare navigators are told to lie. Not only that but there are 50,000 people that may have signed up for obamacare and that just happens to be the number of navigators.... huh ??? 

Salute Veteran's Day 2013.

Veteran's Day 2013 Pictures