By Roger J. Katz, Attorney at Law and Stephen L. D’Andrilli
The Solution: Immediate Enactment Of H.R. 5271
New York, NY -(Ammoland.com)- “Et tu, Brute? Then, fall Caesar!” ~William Shakespeare’s “Julius Caesar,” Act III, Scene I (Assassins in the Roman Senate conspire to murder Caesar and they carry out their murder of Caesar).
Has the U.S. Congress Joined The Assassins Who Dare Destroy Our Country And Our Country’s Constitution?
If So, What Motivates Congress? What Is The Cause Of Inaction? Is It Timidity—Is Congress Afraid To Take Action? Or, Is It Temerity—Is Congress Recklessly Indifferent To The Danger Posed By Hillary Clinton, If She Gains The White House? Either Way, If Clinton Secures the U.S. Presidency, We, Americans, Lose Our Country.
Hillary Rodham Clinton is a criminal: Of that, no doubt exists. But few in Congress care to prevent her ascendancy to the U.S. Presidency.
Clinton has committed serious federal crimes, felonies. Three we know of:
If convicted of any one or all of them, Hillary Clinton would face both large monetary penalties and lengthy imprisonment in federal prison. The Justice Department has come down quickly on offenders who have committed the same crimes. And, the Justice Department has come down hard on offenders who have committed the same acts. But, the Justice Department takes no action against Hillary Clinton. It takes no action against the one person who, as U.S. President, can and would harm this Nation, horribly, irreparably. Why?
The enormity of Clinton’s misconduct dwarfs those of others whom the Justice Department indicted and prosecuted. Yet the Justice Department gives Clinton a pass.[a $500,000 bribe sure helped] It does so despite the clarity, the cogency, and completeness of evidence of Clinton’s criminal misconduct. It does so despite the sheer volume of evidence pointing to Clinton’s criminal misconduct. It does so despite the eagerness of Clinton to commit criminal misconduct. It does so despite the multivarious nature of Clinton’s commission of crimes. It does so despite the profuseness of her crimes over extended period of time. It does so despite the repetitiveness of specific criminal acts over an extended period of time. And, it does so despite the vast time scale in which Clinton’s criminal misconduct took place.
What is Clinton’s response? Just this: she covers up her misconduct by destroying evidence and lying to the F.B.I. investigators. She also urged her underlings to do the same, and they complied. Under 18 U.S.C. Appendix § 3 C1.1, titled, “Obstructing or Impeding the Administration of Justice,” a trial court could extend Hillary Clinton’s prison sentence for covering up her crimes. But, Clinton walks away free as the wind. She is contemptuous of our Nation’s laws. Why shouldn’t she be? The Justice Department shows the Nation that Hillary Clinton is Above the Law, that she is Too Big to Prosecute.
The Justice Department has failed to mete out justice. It has failed to mete out justice despite clear evidence of crime. It has failed to mete out justice despite clear evidence of multiple instances of crime. It has failed to mete out justice despite clear evidence of extraordinarily serious crimes.
The President, The Attorney General, And The F.B.I. Director Are Clearly Culpable Of Criminal Misconduct In Failing To Bring Hillary Rodham Clinton To Justice.
An interesting editorial appeared in the Wall Street Journal, on October 24, 2016, titled, “‘Rigged’ Was Hillary’s FBI Case.”
The author, Holman W. Jenkins, Jr., said “that Hillary Clinton is her party’s nominee and her way to the White House only because the Obama Administration decided to waive the law on handling classified material—and the FBI went along in order to assure that its designated heiress would succeed to the presidency.” Jenkins added, “Mrs. Clinton was verbally convicted by the FBI chief for mishandling classified information yet somehow not formally charged.”
On one point Jenkins is dead wrong. The Obama Administration cannot “waive” application of federal criminal statute. If Obama did so, he violated his oath of Office, set forth in Article II, Section 1, Clause 8 of the U.S. Constitution.“Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:
— ‘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.’”
If Obama waived application of federal criminal statute, he also violated Article II, Section 3 of the Constitution. That Section says the President “shall take care that the laws be faithfully executed.”
Were Obama to “waive” a Congressional Statute means he places himself above the law—that he is a law unto himself. To waive any portion of the federal criminal code is an impeachable offense. 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.”
Jenkins also says that “somehow” the Justice Department didn’t charge Clinton with a crime. We know how and why Justice Department Officials didn’t charge Hillary Clinton for violations of federal law. Political constraints—possibly threats—hindered the Justice Department’s legal obligations to this Country; to its system of laws; to the Constitution, and to the citizenry.
Hillary Clinton emerged unscathed because the Executive Branch of Government would not indict and prosecute her for her felonious conduct. Events suggest the U.S. President Barack Obama, and the Attorney General, Loretta Lynch, and the F.B.I. Director, James Comey acted, in concert, to preclude indictment and prosecution of Clinton. They did so knowing Clinton should face indictment and prosecution.
If the Attorney General indicted and prosecuted Clinton for her crimes, Clinton would have to step down. She could not remain the Democratic Party’s nominee for U.S. President. Obama and Lynch intend for Clinton to remain in the race. Those two must have compelled Comey to go along. He did. Perhaps he did so reluctantly. But Comey did go along. He therefore bears responsibility for his actions, no less so than Obama and Lynch.
These three individuals, Obama, Lynch, and Comey, have undermined our Free Republic, one ruled by law, not by men. These three individuals have undermined our Constitution and our system of laws. These three individuals risk the lives of 324 million plus American citizens; for, Clinton’s domestic and foreign policies will undercut the security of this Nation.
These three individuals, Obama, Lynch, and Comey have, through their actions, enabled a criminal to hold the highest Office in the Land. How outrageous is that?
Obviously, Obama, Lynch, and Comey worked in concert, making certain Hillary Rodham Clinton’s bid for the White House wouldn’t be foreclosed. These three individuals, all trained and well-versed in the law and in our jurisprudence, knew that Clinton should be indicted and prosecuted for violations of federal law. But they didn’t act properly and reasonably, as our system of laws demand. The conclusion to draw: Obama, Lynch, and Comey conspired to foreclose prosecution of Clinton.
Are other powerful, secretive, corrupt people or groups involved in this conspiracy? To place a criminal in the White House requires the effort of many.
But, this much we know: Obama, Lynch, and Comey are high Government Officials. They are the faces we see, regardless of those directing them, behind the scenes. These three owe a duty to faithfully execute the laws of our Nation. They have, instead, trampled on our Constitution, on our laws, on our jurisprudence. They have disgraced themselves in the eyes of our Nation and we call them out for it.
Evidence Suggests That Obama, Lynch, And Comey Have Criminally Conspired Not To Indict Or Prosecute Hillary Clinton, Despite Clear And Irrefutable Evidence Of Clinton’S Serious Criminal Misconduct. Obama, Lynch, And Comey Have, Through Their Conspiracy To Refrain From Meting Out Justice Where Justice Is Demanded, Have Knowingly Made It Feasible For A Criminal To Gain High Public Office—The Highest Office In The Land. Thus, These Three Individuals, Obama, Lynch, And Comey, Have Conspired To Commit An Offense Against This Country And Against Its People. Conspiracy Is A Federal Crime.
Conspiracy, itself, is a federal crime. 18 U.S.C. § 371 says, “If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.”
Evidence supports a charge of criminal conspiracy against the President of the United States, Barack Obama, and against the Attorney General, Loretta Lynch, and against the Director of the F.B.I., James Comey.
So, Clinton isn’t the only criminal here. To seat a criminal in the Office of the Chief Executive of the United States requires criminal machinations by many, many people and organizations.
The Obama Administration is itself a criminal enterprise. Therefore, it cannot police itself. This Country requires independent counsel, appointed by the Judiciary and answerable to Congress, not to the Chief Executive. Independent counsel would indict and prosecute Hillary Clinton for her crimes. Independent counsel wouldn’t stop there. Counsel would investigate Obama, Lynch, and Comey. Independent counsel would investigate how far this criminal conspiracy to seat a criminal in the Oval Office goes. Independent counsel would indict and prosecute all such persons for criminal conspiracy.
But, no mechanism for appointing independent counsel now exists. We must correct this. We must do so at once.
The Solution: Immediate Enactment Of H.R. 5271
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