power; portraying it as a legal process is insidious because legal gamesmanship vitiates political will and accountability
There are salient differences between criminal justice proceedings, which are essentially legal, and impeachment, which is essentially political
The legal grounds—provable high crimes and misdemeanors—are vital to building a political case for impeachment, but the fundamental question is whether the president’s conduct is so egregious that the public will support his removal
The movement left, though a minority, is united in vigorous support for President Obama’s anticonstitutionalism in pursuit of its objectives; whether the remaining vast majority of the public is committed to preserving our constitutional framework is open to question
CHAPTER SIX
The “Prosecutorial Discretion” Canard
Under the camouflage of “prosecutorial discretion,” President Obama has claimed the power to dictate law
A president may decline to execute laws he believes are unconstitutional, but Obama refuses to execute incontestably constitutional laws on policy grounds, and he extorts states to observe his policies rather than federal law
Prosecutorial discretion is a commonsense resource-allocation doctrine related to criminal law enforcement, not a generalized license to ignore congressional statutes
Under the guise of “prosecutorial discretion,” President Obama delegitimizes and effectively reverses laws he opposes on philosophical grounds
Rebuking the Obama administration’s obstruction of the Yucca Mountain nuclear waste project, a federal appeals court explains why prosecutorial discretion is not a rationale for violating the president’s duty to execute the laws faithfully
President Obama’s illegal waivers and edicts do not relieve citizens of the duty to comply with congressional statutes; they place citizens in the intolerable dilemma of incurring executive wrath or behaving illegally
PART II
PREFACE
Making the Case
To build the political case for impeachment, it is essential to illustrate that high crimes and misdemeanors—the legal predicate for impeachment—can be proved
The legal case that President Obama is guilty of high crimes and misdemeanors is overwhelming; it illuminates the systematic threat to our constitutional framework; and it solidly supports the political case for removal
THE ARTICLES OF IMPEACHMENT
ARTICLE I
The President’s Willful Refusal to Execute the Laws Faithfully and Usurpation of the Legislative Authority of Congress
The president’s unilateral amendments of Obamacare legislation (the Patient Protection and Affordable Care Act)
The president’s unilateral amendment, on the eve of the 2012 election, of federal law mandating notification of impending layoffs
The president’s unilateral amendment of the federal law requiring welfare recipients to work
The president’s unilateral amendments of federal immigration law, including decrees of amnesty for various categories of illegal immigrants
The president’s unilateral amendment and maladministration of the Clean Air Act in destructively regulating carbon dioxide
The president’s defiance of congressional law and court orders in obstructing the Yucca Mountain nuclear waste project
The president’s defiance of federal law requiring the president to address the impending insolvency of Medicare
ARTICLE II
Usurping the Constitutional Authority and Prerogatives of Congress
The president’s usurpation of Congress’s constitutional war powers in instigating an undeclared, unauthorized, unprovoked, and ultimately disastrous war in Libya
The president’s making of “recess appointments” when the Senate was not in recess
The president’s undermining of, and contempt for, Congress’s constitutional duty to conduct oversight of executive agencies created and funded by the American people’s representatives in Congress
ARTICLE III
Dereliction of Duty as President and Commander in Chief of the United States Armed Forces
The president’s imposition of unconscionable combat rules of engagement that recklessly endanger and cost the lives of American troops
The Benghazi massacre: The president’s reckless stationing of American government personnel and provision of grossly inadequate security for them in Benghazi, Libya, resulted in a foreseeable terrorist attack in which the U.S. ambassador to Libya and three other Americans were murdered, and numerous other Americans were wounded
ARTICLE IV
Fraud on the American People
The president waged the Libya war under false pretenses and denied that bombardment of a foreign nation’s government forces, resulting in thousands of deaths and the killing of that nation’s head of state, constituted “hostilities” under federal law
The Benghazi fraud: The president’s fraudulent claim that the Benghazi massacre was caused by an anti-Islamic film, including the willful misleading of the American people, the provision of false information to Congress, and the scapegoat prosecution of the film producer
The Obamacare fraud: The president’s willful misrepresentations that Americans would be able to keep their health insurance and their doctors, and that they would save rather than lose thousands of dollars, in order to secure political support for Obamacare’s enactment and conceal damaging information that would have threatened his reelection bid
The president’s enabling of Iran’s nuclear program while publicly vowing to prevent Iran’s acquisition of nuclear weapons
The president’s fraudulent claims about enforcement efforts against illegal immigration
The Solyndra fraud: The president’s provision of subsidies to a failing solar energy company backed by a prominent donor, his deceptive claims about its financial condition when it was preparing to sell stock to the public, and his imposition on taxpayers of millions of dollars in company losses in violation of federal law
ARTICLE V
Failure to Execute the Immigration Laws Faithfully
The president’s unlawful grant of amnesty to categories of illegal immigrants by executive edict
The president’s unlawful conferral of amnesty on categories of illegal immigrants by executive order, administrative regulations, and the invocation of prosecutorial discretion
The president’s extortionate
