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Lawyer Drafts Articles of Impeachment Over Libya
Posted on April 7, 2011 by Ben Johnson
Someone has finally been moved to action by Barack Obama's increasingly lawless administration. Bruce Fein, a former high-ranking official in the Reagan Justice Department who wrote the first article of impeachment against Bill Clinton, has drawn up formal articles of impeachment against the president.
Fein explained the final straw was Obama's unwise,unauthorized, and unconstitutional military action against Libya. "Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor," he said...
Ben Smith at Politico reports, "Fein said a number of Congressional offices have expressed interest in his proposal." Fein told Smith "at least two dozen" Congressmen view the Libyan intervention as "a serious constitutional crisis."
The Libyan intervention has further separated Obama from his party's left-wing base. Liberal Democrat Dennis Kucinich of Ohio became an outspoken critic, while conservative RepublicanRon Paul of Texas agreed the bombing constituted "an impeachable offense."
Congressman Trent Franks, R-AZ, and former Speaker of the House Newt Gingrich have raised the possibility of impeaching Obama over his refusal to defend the Defense of Marriage Act (DOMA). Other supporters of impeachment range from Congressman Tom Tancredo, to talk show host Tammy Bruce, to conservative activist Howard Phillips.
A poll last month conducted by Public Policy Polling last month found that 60 percent of Tea Party members and nearly half of all Republicans favored impeachment.
As the pressure on Obama mounts, some of his supporters have become (more) unhinged. On Monday, two San Franciscans attacked a 29-year-old man holding an "Impeach Obama" sign....
ARTICLE OF IMPEACHMENT OF PRESIDENT BARACK HUSSEIN OBAMA
RESOLVED, That Barack Hussein Obama, President of the United States, is impeached for high crimes and misdemeanors, and that the following article of impeachment to be exhibited to the Senate:
ARTICLE OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN THE NAME OF ITSELF AND OF ALL OF THE PEOPLE OF THE UNITED STATES OF AMERICA, AGAINST BARACK HUSSEIN OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA, IN MAINTENANCE AND SUPPORT OF ITS IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND MISDEMEANORS IN USURPING THE EXCLUSIVE PREROGATIVE OF CONGRESS TO COMENCE WAR UNDER ARTICLE 1, SECTION 8, CLAUSE 11 OF THE CONSTITUTION.
ARTICLE I
In his conduct of the office of President of the United States, Barack Hussein Obama, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has usurped the exclusive power of Congress to initiate war under Article I, section 8, clause 11 of the United States Constitution by unilaterally commencing war against the Republic of Libya on March 19, 2011, declaring that Congress is powerless to constrain his conduct of the war, and claiming authority in the future to commence war unilaterally to advance whatever he ordains is in the national interest. By so doing and declaring, Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor as hereinafter elaborated.
I.
THE IMPEACHMENT POWER
1. Article II, Section IV of the United States Constitution provides: "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."
2. According to James Madison's Records of the Convention, 2:550; Madison, 8 Sept., Mr. George Mason objected to .......
......
II.
THE "DECLARE WAR" CLAUSE
9. Article I, Section VIII, Clause XI of the United States Constitution provides: "The Congress shall have the power … To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;"
10. Article II, Section II, Clause I of the United States Constitution provides: "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States."
11. The authors of the United States Constitution manifestly intended Article I, Section VIII, Clause XI to fasten exclusive responsibility and authority on the Congress to decide whether to undertake offensive military action.
12. The authors of the United States Constitution believed that individual liberty and.....
.......
III.
USURPATION OF THE WAR POWER OVER LIBYA
47. President Barack Obama's military attacks against Libya constitute acts of war.
48. Congressman J. Randy Forbes (VA-4) had the following exchange with Secretary of Defense Robert Gates during a March 31, 2011 House Armed Services Committee Hearing on the legality of the present military operation in Libya:
Congressman Forbes: Mr. Secretary, if tomorrow a foreign nation intentionally, for whatever reason, launched a Tomahawk missile into New York City, would that be considered an act of war against the United States?
Secretary Gates: Probably so.
Congressman Forbes: Then I would assume the same laws would apply if we launched a Tomahawk missile at another nation-is that also true?
Secretary Gates: You're getting into constitutional law here and I am no expert on it.
Congressman Forbes: Mr. Secretary, you're the Secretary of Defense. You ought to be an expert on what's an act of war or not. If it's an act of war to launch a Tomahawk missile on New York City would it not also be an act of war to launch a Tomahawk missile by us at another nation?
Secretary Gates: Presumably.
49. Since the passage of United Nations Security Council resolution 1973 on March 19, 2011, the United States has detonated over 200 tomahawk land attack cruise missiles and 455 precision-guided bombs on Libyan soil.
50. Libya posed no actual or imminent threat to the United States when President Obama unleashed Operation Odyssey Dawn.
51. On March 27, 2011, Secretary of Defense Robert Gates stated that Libya never posed an "actual or imminent threat to the United States." He further stated that Libya has never constituted a "vital interest" to the United States.
52. United Nations Security Council resolution 1973 directs .....
.....actions, relying instead on the undisclosed legal opinions of White House attorneys.
61. President Barack Obama, in flagrant violation of his constitutional oath to execute his office as President of the United States and preserve and protect the United States Constitution, has usurped the exclusive authority of Congress to authorize the initiation of war, in that on March 19, 2011 President Obama initiated an offensive military attack against the Republic of Libya without congressional authorization. In so doing, President Obama has arrested the rule of law, and saluted a vandalizing of the Constitution that will occasion ruination of the Republic, the crippling of individual liberty, and a Leviathan government unless the President is impeached by the House of Representatives and removed from office by the Senate.
In all of this, President Barack Obama has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.
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Should President Obama be impeached over Libya? « Politics, Religion, and Family
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