MinBane

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Archive for the tag “Presidential Pardon”

US: Hon. Michael C. Manning letter to Arizona Attorney General Michael Mukasey – “Re: Request for Civil Rights Investigation of the Sheriff of Maricopa County, Arizona” (23.04.2008)

US: Official Pardon letter from President Trump to Sheriff Joseph M. Arpaio; And the Arpaio Laywers letter to the White House (25.08.2017)

Letter: 

Rep. Green’s Draft Amendment on the Presidential Pardon: A good unnecessary deed!

On the 25th of July 2017, the now Texas Democratic Party Representative Al Green has written a resolution to clarify and secure none obstacle and secure the laws of the land. Since, there is clearly a dispute going-on, if the President can pardon himself from self-conflicting crimes. Even if there been studies of this in past, like in the 1970s and 1990s when it came to both Richard Nixon and Bill Clinton, therefore, Trump should not be different from any of them.

The Draft Resolution is very specific and rare. It would be an amendment to the Constitution for the simple matter of the authority and legislative branch of the Presidential Office. In simple terms, this is what he wants to be added as law:

“The President shall not have no power to grant himself a reprieve or pardon for an offence against the United States”.

It is so powerful, even as the codes and the discussion around it shows it would be self-inflicting wounds if he would dare to pardon himself or anyone around him. That being family-members, associates and political allies. So, President Trump. Must feel the heat, as even Representatives will try to add on the constitution to secure that he will no code or law, that his lawyers can twist in his favor. Even if the past cases that has stated the fact and proven that he cannot do so. Since, the law clearly are addressing the functions of the office and if the President happen to do criminal activity previously to being elected into office.

This sort of amendment seems more of a precaution if someone more criminal and sinister are elected into office. However, this sort of idea would not have come under Barrack Obama, One of Bushes and even Jimmy Carter for that matter. This just proves the liability Trump is and are for the Republic. That their own representatives see the need to amend the constitution. So that the President cannot question his powers.

Since that is something, he is up to and that Representatives are clearly following up now. President Trump is only proving his guilt and that the deed is done, if he starts pardoning himself or others. Then, you know by his acts that he is a crook. Since he had to use the state to forge himself and by the seal of office. In addition, it should not be necessary, since the investigations are just beginning and the digging are just revealing more and more every single day.

But the documents of Marcy C. Lawton of 1974 should be clear enough, though not as direct and clear for a President of Trump preempted mind. Who stated on the 5th August 1974:

“Presidential or Legislative Pardon of the President: Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself. If under the Twenty-Fifth Amendment the President declared that he was temporarily unable to perform the duties of the office, the Vice President would become Acting President and as such could pardon the President” (Lawton, 1974).

If that is too deep for the President to understand. Then, some of his advisers or the Mooch should explain the matter to him. The constitution should not need a new amendment in this case, because the powers are already clear. However, to bury a body twice sometimes helps the criminals to understand that the victim is already dead. Peace.

Pardon me Trump, you are not above the law Part II

I have to continue since you are so persistent in your belief that you are greater and grander than the law. It should be insulting the American people and the Constitution to have such a President like you Trump. Who has the audacity to put himself on the pedestal and think he could do anything to anyone and then get away it with it. It is insulting and beneath the office and beneath the possible position your are holding at the moment. Donald J. Trump, you act like thief and act like disgrace in the White House. If you we’re innocent and your family we’re the same? Why need to be pardoned. If the Trump Campaign and the Trump Organization was clean of guilt, why need the pardon? Do you think the American people are that ignorant and stupid, to not see this. The whole world see it and how you are eaten inside by the guilt of your association and use of Russian questionable financial transaction to keep yourself afloat.

Because of this and your continues allegations and attacks on peers. Your misuse of power and your wish to undermine the American democracy and institutions. It is time to again. Go back in time, last time it was the advice Richard Nixon asked for days before his impeachment for obstruction against justice. The same sort of acts President Trump is currently doing and undermining the law as much as he can. Therefore I have to go back to a document based in 1998, when Law Professor Rotunda are writing to Judge Kenneth Starr on indictment. This was on the matter of then President Bill Clinton. But worth noting certain fragments of document to show the capacity President Trump has under current legislation. Not that he understands it, unless it 140 words or explained to him on ‘Fox and Friends’. Still, worth noting though!

For Example, if the President in a moment of passion slugs an irritating heckler, he has committed a criminal battery. But no one would suggest that the President should be removed from office simply because of an assault. Yet the President has no right to assault hecklers. If there is no recourse against the President, if he cannot be prosecuted for violating the criminal laws, he will be above the law. Clinton vs. Jones rejected such an immunity; instead, it emphatically agreed with the Eight Circuit that: “the President, like other officials, is subject to the same laws that apply to all citizens”. The “rational for official immunity is inapposite where only personal, private conduct by a President is a issue”. The President has no immunity in such a case. If the Constitution prevents the President from being indicted for violations of one or more federal crime statutes, even if those statutory violations are not impeachable offences, then the Constitution authorizes the President to be above the law. But the Constitution creates an Executive Branch with the President under sworn obligation to faithfully executive the law. The Constitution does not create an absolute Monarch above the law” (Rotunda, P: 5, 1998).

As Nixon vs. Sirica carefully noted: “Because impeachment is available against all ‘civil officers of the United States’ not merely against the President, it is difficult to understand how many immunites peculiar to the President can emanate by implication from the fact of impeachability”. Moreover, it would be anomalous and aberrant to interpret the Impeachment Clause to immunize the President for alleged criminal acts, some which occurred prior to the time he assumed the Presidency and all far removed from any of the President’s enumerated duties: witness tampering, destruction of documents, subornation of perjury perjury, illegal pay-offs” (Rotunda, P: 7, 1998).

Later, in Clinton v. Jones, the Court rejected any notion of Presidential immunity (even a temporary immunity) for the President who is sued by a private civil litigant for damages involving acts not within his Presidential duties. In that case, President Clinton’s “strongest argument” supporting his claim for immunity on a temporary basis, the Court said, was the claim that the President occupies a “unique office” and burdening him with litigation would violate the constitutional separation of powers and unduly interfere with the President’s performance of his official duties” (Rotunda, P: 36, 1998).

These factors all buttress and lead to the same conclusion: it is proper, constitutional, and legal for a federal grand jury to indict a sitting President for serious criminal acts that are not part of, and are contrary to, the President’s official duties. In this country, no one, even President Clinton, is above the law” (Rotunda, P: 55, 1998).

This conclusion does not imply that a President must be required to serve an actual prison term before he leaves office. The defendant President could remain free pending his trial, and the trial court could defer any prison sentence until he leaves office. The defendant-President may petition the courts to exercise its discretion in appropriate cases. It is one thing for the President to petition the court to exercise its discretion; it is quite another for the President to announce that he is above the law and immune from criminal prosecution” (Rotunda, P: 55, 1998).

This letter of Law Professor Rotunda states very clearly the provisions and special place within the Republic the President has and the laws that needs to be extended to prosecute him/her. So with this in mind, no one not even President Clinton was above the law. The same scenario remains today with President Trump. That Nixon tried to find ways to pardon himself is clear, the same does now President Trump.

The possible collusion and collaboration with foreign officials and entities will be more clear as the investigation and drops of information leaks to the press. The more meetings, lack of disclosure from the Trump Organization and the Trump Campaign. The same is it his family and associates, as long as the narrative still exists and there are plot-lines to define. The story will live on and the investigators will look into the possible breaches. The Office of Special Council Robert Mueller has lots of power. Something, President Trump cannot stop. Therefore, Tucker Carlson and others trying to gain leverage and saying the investigation makes everything in Mosciw illegal, like buying cigarettes in Moscow. That show’s the disrespect of a criminal investigation by the Trump Friendly Press like Fox News and Sinclair Media.

While that goes on, the 1998 letter show’s that the President can be prosecuted and is not a person who cannot be put on trial. What is different unless there is a special court and trial, the criminal offenses done before his Presidential Term and his sentencing has to be served after his term. That because of the Executive Branch and the august role of government the President are. Certainly, ironic writing that while describing Trump.

This will be lines from the letter, that says the most for me, because the criminal offenses before the Presidential Term: “it would be anomalous and aberrant to interpret the Impeachment Clause to immunize the President for alleged criminal acts, some which occurred prior to the time he assumed the Presidency and all far removed from any of the President’s enumerated duties: witness tampering, destruction of documents, subornation of perjury perjury, illegal pay-offs” (Rotunda, 1998).

So obstruction of justice, which is witness tampering and destruction of documents are likely things that people knows Trump has done or wanting to do. That is why Special Investigator Mueller has asked the government and White House to keep their documents relating to Russian affairs and the known meetings with Russians. So the investigation looks into the possible crimes of the Presidency before and also, within, but the impeachment would happen with a federal grand jury, where the President is sentenced for crimes, which is not in the President’s Office duties. So, the possible grand jury are there as much as it was for Nixon and was for Clinton. No difference for Trump, unless the House of Representatives and Senators at the Congress are spineless individuals who are all loyal to Moscow and Russians like Trump. Peace.

Reference:

Ronald R. Rotunda letter to Judge Kenneth W. Starr – ‘Re: Indictability of the President’ (13.05.1998)

Pardon me Trump, but you are not above the law!

It is one of these rare moments, when the powerful and executives understand how hard their case are failing, how much dirt and how much sinister outrage that will come out an investigation, that they will do and use all kind means to get there. That is the state of affairs within the New York Gang aka White House aka Trump Organization aka Russian Mob. There are just too much collusion and shade of grey to cease to amaze. The connections and inner-works. If President Trump was innocent, he would threat and sack law officers like James Comey or trying to figure out how to do it to Special Investigator Robert Mueller. He would have continued to spend time at Trump Resorts and played golf. Instead, he does this:

“Trump has asked his advisers about his power to pardon aides, family members and even himself in connection with the probe, according to one of those people. A second person said Trump’s lawyers have been discussing the president’s pardoning powers among themselves Trump’s legal team declined to comment on the issue. But one adviser said the president has simply expressed a curiosity in understanding the reach of his pardoning authority, as well as the limits of Mueller’s investigation” (Washington Post, 20.07.2017).

It seems like the President knows his predicament and trying to figure a way out and not leave scores of hurt for his family and his empire. Since Mueller is extending his team and his efforts into investigations. That is why Trump are disgusted with Attorney General Jeff Sessions, who recused himself from the Russian Probe and answered out of loyalty to the Senate. Certainly, the tale of how the President will maneuver and act is not predicable, but he will only act in own interests and not for the sake of justice. If so, he would have given more funding to the works that former FBI director Comey was doing. Alas, he did not. The specialness out of it all, is that President Richard Nixon, asked the same questions about possible pardoning of himself and his team. Just days before his end of reign. Here is what the then Department of Justice representative wrote on the matter in 1974!

“Presidential or Legislative Pardon of the President:

Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself. If under the Twenty-Fifth Amendment the President declared that he was temporarily unable to perform the duties of the office, the Vice President would become Acting President and as such could pardon the President. Thereafter the President could either resign or resume the duties of his office. Although as a general matter Congress cannot enact amnesty or pardoning legislation, because to do so would interfere with the pardoning power vested expressly in the President by the Constitution, it could be argued that a congressional pardon granted to the President would not interfere with the President’s pardoning power because that power does not extend to the President himself. August 5, 1974” (Mary C. Lawton, Presidential or Legislative Pardon of the President – 1974).

So now, the President is looking for a way out. The road ahead looks rocky for the President who has internal shake-ups and well as finding the best way out the scandal and mess. Who does not look better for by every day that passes by. The more people look into his business, his New York Gang and everything with his name. It turns sour.

Just as CBS News reports: “There’s been a shakeup in President Trump’s legal team. Marc Kasowitz is out as Mr. Trump’s personal attorney, CBS News chief White House correspondent Major Garrett reports. And Kasowitz’s spokesman, Mark Corallo, has resigned, Garrett says.The reasons for the moves were not immediately known” (CBS News, 2017).

The legal team that now have to defend the President is Ty Cobb, Jay Sekulow and John Dowd. Clearly, these men has enormous challenge ahead as the legal case are growing and the relationships, the financial transactions and the whole Trump Organization is scrutinized by the Mueller investigation. Nothing is left to fate and see, it is checked and verified by the ones who has the authority. Even as the threats and the rumors of firing Mueller have come as well. Just as he fired Comey, but how much tampering with his own investigation can the American people.

If he we’re to fire Mueller, he had to fire Attorney General Sessions, who would give way to Deputy AG Rosenstein, who could appeal the Special Counsel, but if he doesn’t, that means that the President has to fire him as well. Than if possible repeal the act that gives authority to the investigation. That seem far-fetched, but if all botched ideas comes into play and Trump see this as a way out.

My final question, if this Russian Probe was not anything and had no real life effect. Why would Mr. President try to figure out the Powers of the Presidential Pardons?

Since, that is not an authority sanctioned with ease and for fun, except to few turkeys now and then. The rest of the time to serious offenders or for people wrongfully detained and incarcerated. That sort of act has not been done in favor of people close to the President and his family. Clearly, the President thinks that he is beyond and above the law. Peace.

Reference:

Carol D. Leonnig, Ashley Parker, Rosalind S. Helderman and Tom Hamburger – ‘Trump team seeks to control, block Mueller’s Russia investigation’ (20.07.2017) link: https://www.washingtonpost.com/politics/trumps-lawyers-seek-to-undercut-muellers-russia-investigation/2017/07/20/232ebf2c-6d71-11e7-b9e2-2056e768a7e5_story.html?hpid=hp_hp-top-table-main_trumplegal-925pm%3Ahomepage%2Fstory&utm_term=.a25bf0c8e0ad

CBS News – ‘Marc Kasowitz and Mark Corallo depart Trump’s legal team’ (21.07.2017) link: http://www.cbsnews.com/news/corallo-kasowitz-depart-trump-legal-team/

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