Wednesday, January 1, 2014

House Resolution of No Confidence: Obama's Conviction without Eviction



by Jim Guirard


During the last two years, there has been a marked increase in calls for the impeachment of President Barack Obama.  But there is no commensurate increase in the likelihood that either a formal indictment by the House or formal conviction by the Senate can actually be achieved.

Indeed, although certain "Articles of Impeachment" have been filed in the House, there is no likelihood that either Judiciary Committee consideration or full House action is likely to occur unless and until the Republicans retain control of the House and take narrow control of the Senate a year from now.


Even many outspoken critics of Obama who would dearly love impeachment are hesitant to commit their time and reputations to what is probably an unachievable goal.  Even with today's 225-189 GOP majority in the House, merely 18 defections on a final vote would spell defeat there and ridicule by the Senate and the establishment media -- with emphasis on the "stab" part of that term.  And even if successful, the 55-45 Senate would be there to "just say no."


But if House impeachment and Senate eviction are not possible, what then?  What other punishment would amount to more than a proverbial slap on the wrist?  And when at long last might such punishment be applied in a way that is not regarded as a cop-out by Republicans in name only -- RINOs -- who are not sufficiently anti-Obama to fight for impeachment?


Novel Alternative to the "Nuclear Option" of Impeachment and Eviction


At least one prominent, outspoken, and "thinking" critic of the president -- General Paul Vallely of the Stand Up America (SUA) coalition of national security and foreign affairs experts -- believes that there is a viable alternative to the "nuclear option" of conviction and eviction.  According to the outspoken general in his December 15 SUA article, "Uber-President - Time for a Vote of NO CONFIDENCE":

It has been just over one year since Obama was re-elected; do you think he would win if he had to face another election today with what we know now? Of course not! In less than a few months it is all unraveling and America has lost confidence in him.
Many who once supported him are now running for the hills. We were defrauded, America, and people are finally noticing and understanding what we have been telling you for five years.
Promise after promise, fraud after fraud, lie after lie, deception after deception, and then there are all those hidden items and the complete joke about being the most transparent administration ever. Even photographic journalists are now mad at how little access they get. Then there is the complete lack of accountability and stark ineptitude, home and abroad.

In search of a comprehensive list of deceits, misdeeds, mal-administrations, and violations of law that are sufficient to justify an official expression of "no confidence" in Barack Obama's untrustworthy and failed presidency, the good general presents a long list of Obama excesses and offenses from a recent Commentary Magazine article by former presidential (Reagan, Bush and Bush) assistant Peter Wehner -- now a senior scholar with the D.C.-based Ethics and Public Policy Center.   


Read Wehner's list of targets, and you will be both amazed at the number and outraged at the president.  But even this impressive enumeration of almost twenty frauds and foibles embodies only a fraction of the 80-100 items which might eventually constitute the entire indictment.


Next, General Vallely quotes the following from the highly regarded national security strategist Andrew McCarthy, director of the Foundation for the Defense of Democracy's Center for Law and Counterterrorism -- who sees little or no possibility of impeachment by the House and Conviction and Eviction by the Senate and who asserts in part:

Just as there is no mystery in Obama's disregard for the Constitution, there is no secret about the Constitution's answer to executive imperialism. The Framers recognized that presidential abuse of power carried the greatest potential to wreck the republic. Adamant that the presidency they were creating must not become a monarchy, they carried on debates over the Constitution that were consumed with precluding this very real possibility. In the end, the Framers armed Congress with two responsive weapons: the power of the purse and the power of impeachment.
As we have seen through the years, the power of the purse is not a practical check on Obama. In the main, this is because the Framers, notwithstanding their prescient alarm over the problem of factions, did not anticipate the modern Left.
While Democrats quite intentionally defy the Framers' design, Republicans frustrate it by aggressive passivity. The Constitution divides power by subject matter, not percentage of governmental control.

General Vallely to the Rescue


But the "Special Ops Speaks" (SOS) and always innovative General Paul Vallely has proposed another option.  He envisions an all-points operation of unmasking, de-frocking, delegitimizing, and disabling Barack Obama -- a de facto "Conviction without Eviction" by the House -- and is now calling for Americans to stand up and demand changes to the government which reflect this extraordinary level of condemnation.


This would be via a blanket indictment of the president for violations in the nature of a multi-layered Contempt of Congress, Contempt of the Constitution, Contempt of the Oath of Office, Contempt of the Founding Fathers, and, perhaps worst of all, a wholesale Contempt of the Judeo-Christian, family-values, and liberty-loving character of the American people.


In explanation of how such an unprecedented House Resolution of No Confidence would work and what its broader implications might be not only for Barack Obama himself but for many left-wing Democrats in the House and Senate, as well, General Vallely quotes generously from what was then this writer's final draft of the commentary presented here -- proposing this novel "death by a thousand cuts" assault on our self-evident King of SCAMALOT.


The latter legacy label is, of course, an invidious reference to the Kennedys' noble and heroic Kingdom of CAMELOT.  By contrast, do the plainly ignoble Obama and his unaccountable inner circle scam just a little, or do they lie, spin, cheat, and scam a lot?  All of which might soon be exposed to sunlight and punished by the House along the following lines:


First, in most of the world's so-called "democracies" - actually, multi-party liberty-loving republics - a formal vote of "No Confidence" by the Lower House suspends or greatly limits the governing authority of the Party in power and, in a "Recall" of sorts, mandates new elections within 30-60 days. 

Although we have no such instrument in our Constitution or in existing law, there is nothing to prevent its use as a comprehensive de facto indictment and conviction for Contempt of Congress, violations of Oath of Office and of the Constitution itself - for all of the reasons stated in such a Resolution.


Second, while most of the "High Crimes and Misdemeanors" cited in pending Resolutions of Impeachment (and perhaps in new resolutions seeking Judicial Relief) would also be included in this Resolution, many lesser and largely "non-impeachable" reasons for doubt, disappointment, distress, distrust and detestation will be entirely appropriate - and would not require the high levels of legal proofs for a formal impeachment by the House or for a formal Trial and Conviction by the Senate.  

Third, in effect, it would be much easier to cosponsor, for committees to report to the House, to be formally adopted by the House and to achieve what might be called Obama's "Conviction without Eviction" - in which wholesale repudiation by the House, loss of control of the Senate and a substantial diminution of power, influence, respectability and legitimacy during his remaining time in office would be the well-deserved penalties.


List of Condemnations Will Be Endless 


The "loss of confidence" targets of the No Confidence Resolution will be so numerous as to require a dozen or more categories -- within each of which several particular offenses will be briefly described and become what lawyers call the "Bill of Particulars" -- as follows:

o  Barack Obama's actual identities, parenting, mentoring, schooling, ideological make-up, and entire "Progressive" (code-word for Socialist) curriculum vitae -- with at least twenty (yes, 20 or more) separate targets of unmasking;

o his patently false promises of the transparent, accountable, non-partisan, post-racial, lobbyist-free and completely "fair and balanced" nature of his administration;

o his routine modus operandi of blame-gaming, false denials, false claims of credit, class warfare, demonizing of opponents, lies, spins, and scams -- to the point of a new legacy label of Obama's ignoble "Age of Scamalot" mentioned above;

o his unprecedented reliance on three dozen or more un-vetted and largely unaccountable regulatory "czars" and on scores of executive orders (over 20 on gun control alone), whose regulatory implications are virtually unknown -- and not subject to congressional oversight;

o his progressively worse (i.e., socialistic) take-over and ongoing gross mismanagement of the American health care system, and of a bureaucratic regulation-writing approach that goes quite illegally far beyond congressional intent;

o his crony-capitalist takeover and wasteful funding of most "green energy" initiatives -- and simultaneous impediments to fossil energy production: coal, natural gas fracking, and "offshore" oil and gas on most federal lands -- costing countless jobs, government revenues, balance of trade, and revenues to state and local governments;

o his explosive and vulnerable to "waste and fraud" expansion of the many welfare-state programs (food stamps, housing assistance, cell phones, disability status, workman's comp, ObamaCare, Medicaid, child care, school lunches, etc. ad infinitum -- which should now be called the "OPRAH Land Plantation" in dubious honor of its instigators and bosses, Obama, Pelosi, Reid And Hillary.

o his ruthless blame-gaming, sidestepping and de facto Contempts of Congress, including multiple violations of the Constitution's mandates for both Separation of Powers and Equal Protection of the Laws;

o his constant manipulation of unemployment, economic growth, ObamaCare, deficit spending, National Debt, and so-called climate change numbers -- exemplified by his complete rejection of the Simpson-Bowles Commission's bipartisan recommendations for solving the crisis that still threatens the stability of the American economy;

o his multiple scandals (Fox News, Associated Press, Fast and Furious, NSA, IRS, EPA, FOIA, Benghazi, ObamaCare, Foreign Policy) and their associated Vast-Left-wing Cover-Ups and deceitful denials;

o his endless misfeasance and malfeasance in Military, Homeland Security and Foreign Affairs -- with at least a dozen no confidence particulars likely to be described and condemned.

o his across-the-board efforts to remove God, Jesus, Christmas, the Nativity Scene, and major Judeo-Christian symbolism from federal government venues and usage, especially in the Armed Forces, and from the public square in general -- while according Islam and sharia (Islamic law) more respect and deference than he does Christianity, Judaism, and the Bible.


Need to "Bullet-Proof" This Bill of Particulars


Under preparation now is a catch-all compilation -- now almost 100 offenses long -- that will have to be carefully edited and quarterbacked by exactly the right House GOP group (e.g., the 175-plus Republican Study Committee) or some smaller caucus or ad hoc coalition of members  

(a) for correct compilation and final editing,

(b) for introduction in late January or February,

(c) for recruitment of cosponsors and public support during several weeks thereafter, and

(d) for eventual debate in and adoption by the House in April or May. 


As finally worded, this resolution will include most or even all of the alleged "High Crimes and Misdemeanors" which would justify Articles of Impeachment (and similar ones from the new bills that are seeking judicial condemnations, injunctions and prohibitions) but will also contain far more items of lesser consequence than these -- but whose cumulative impacts may become even more confidence-shattering than the others.


Properly designed so as to be "bulletproof" in each of its multiple assertions of wrongdoing, incompetence, class warfare, race-mongering, scams, and cover-ups, this resolution should draw the co-sponsorship of all House Republicans and even a few repentant (and self-preservationist?) Democrats.


This should serve not only as a deadly indictment of Barack Obama himself, but as a blanket condemnation of all those radical-left House and Senate Democrats who have remained in political, ideological, and even worshipful lockstep with this "Progressively Worse" and most shameful president ever.



A D.C.-area attorney, writer, and national security strategist, Jim Guirard was longtime chief of staff to former U.S. Senators Allen Ellender and Russell Long.  His TrueSpeak.org website is devoted to truth in language and truth in history in public discourse.

Source: http://www.americanthinker.com/2014/01/house_resolution_of_no_confidence_obamas_conviction_without_eviction.html

Copyright - Original materials copyright (c) by the authors.

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