THE FOUNDATION OF JUSTICE UNDONE BY THE FOUNDATION, CLINTON

The American People Must Demand Integrity In Government

“The supreme quality for leadership is unquestionably integrity. Without it, no real success is possible, no matter whether it is on a section gang, a football field, in an army, or in office.” ~Dwight D. Eisenhower, Five Star General, Supreme Commander of Allied Forces during World War II, and 34th President of the United States

By failing to bring Hillary Rodham Clinton to justice, the U.S. Department of Justice has failed the American People. Only God and Congress can now right a most serious wrong. Corruption has become endemic in our Federal Government. It has become practice. Hillary Rodham Clinton, and her husband, Bill, embody corruption. They have twisted a vice into a virtue. The two of them have, in fact, raised corruption to an art form, and their supporters ignore this or are otherwise simply blind or inured to it. But, if allowed to fester, corruption, as a common Governmental practice, can and will bring the Republic. Corruption, if allowed to continue unchallenged, will inevitably destroy the U.S. Constitution, reducing our precious Constitution to empty words on a page, a document with no import, no application–a document reduced to, at best, an historical curiosity, nothing more.

The Republican nominee for U.S. President, Donald Trump, understands this. He sees that those who commit crimes—especially serious crimes against our Nation and its People—must be brought to trial and, if convicted, they must be punished. Our system of laws demands this. The condoning of crime by our institutions of Government—especially by those agencies of Government our Nation relies on to root out crime and mete out justice—serves only to make a mockery of the entirety of our criminal justice system. The Department of Justice, under Attorney General Loretta Lynch, makes use of our tax dollars, of late, pursuing false claims of civil rights violations by State police agencies, yet sees no need to bring to justice one of the worst transgressors of federal law this Nation has seen—Hillary Rodham Clinton—the creature who would be Queen, clamping down on the sacred rights and liberties of all Americans as she illicitly gathers power unto herself, unto her husband, unto her Foundation and, eventually, unto the fruit of her loom.

Trump realizes that, since the Justice Department has refused to prosecute Hillary Clinton, even though substantial evidence exists of serious wrongdoing on her part—evidence to support charges of violation of several federal laws—multiple counts of serious misconduct—outside counsel must be brought in to investigate and prosecute Clinton. Indictment of Clinton on felony charges will stop her bid for the U.S. Presidency at once. She will have no choice in the matter. She must forfeit her bid for the White House and shut her campaign down immediately.

But insidious, powerful influences both inside our Government and outside it, and inside our Country and outside it, intend to seat their puppet, Hillary Rodham Clinton, in the White House—someone they have paid the Clintons handsomely for—that continue to pay the Clintons handsomely for—to do their bidding. Those powerful interests have made certain that the Department of Justice would handcuff itself and, in fact, the Department of Justice has handcuffed itself.

Donald Trump knows this. He knows this has happened. That is why he has called for—and rightly so—outside counsel—someone completely outside Government—to step in and handle, anew, the investigation of and prosecution of Hillary Clinton and investigation of and prosecution of the Clinton Foundation on charges of having violated federal Statutes—crimes amounting to felonies.

Trump’s heart is definitely in the right place. He knows that failure to bring a high Government Official to justice weakens our Constitution, defeats our system of law and order, and endangers our citizenry; for the condoning of crimes by those in high Government Office will inevitably destroy our Nation as a free Republic—a Republic rooted in rule by law, not by men. But, there is a slight problem with what he asks.

DONALD TRUMP CALLS FOR A SPECIAL PROSECUTOR TO INVESTIGATE THE CLINTONS AND THE BILL, HILLARY AND CHELSEA CLINTON FOUNDATION

On August 22, 2016, Donald Trump, the Republican nominee for U.S. President called for the U.S. Department of Justice to appoint a special prosecutor to investigate Hillary Clinton’s multiple instances of misconduct.  See, for example, the article published by Reuters, titled, “Trump calls for special prosecutor to investigate Clinton Foundation.”

That’s good news to be sure, but it comes a little late—hopefully, not too late. Congress should have seen to the appointment of a special prosecutor long ago. In fact, the Arbalest Quarrel has called for the appointment of a special prosecutor or independent counsel to reopen the investigation into serious misconduct on the part of Hillary Clinton all along, well over a month before Trump mentioned the need to do so. We talked about this in our article titled, “Hillary Clinton Must Be Indicted and Here’s the Reason for it.”

We have insisted on the appointment of outside counsel to renew the investigation into Hillary Clinton’s serious misconduct, consistently, since publication of our article. Major news organizations jumped on the appointment of a special prosecutor issue only after Trump had called for such appointment.

For example, Time magazine, on August 22, 2016, reporting on Trump’s call for a special prosecutor, said, that,

“Under current U.S. law, independent counsel can be appointed when the Attorney General determines that an investigation by the Department of Justice ‘would present a conflict of interest for the Department or other extraordinary circumstances’ and ‘that under the circumstances, it would be in the public interest to appoint an outside Special Counsel.’”

That is absolutely false. The Time reporter, Tessa Berenson who wrote the Time piece, titled, “Donald Trump calls for Special Prosecutor to Investigate Hillary Clinton,” evidently has no knowledge of the current and true state of the law involving the appointment of special prosecutors or independent counsel to investigate serious misconduct of high level Officials in the Executive Branch of the federal Government. In her article Berensen says, “Under current U.S. law, independent counsel can be appointed when the Attorney General determines that an investigation by the Department of Justice ‘would present a conflict of interest for the Department or other extraordinary circumstances’ and ‘that under the circumstances, it would be in the public interest to appoint and outside Special Counsel.’”

Berensen is, apparently, citing to “Ethics in Government Act of 1978.” But, the “Ethics in Government Act of 1978,”–an Act that compels integrity in public officials who work for the Executive Branch of the Federal Government–lapsed in 1999, in accordance with the sunset provision embodied in the Act, since Congress failed to extend its operation for another five years, commencing from the date of its expiration in 1999. So, Contrary to Tessa Berenson’s remarks, the U.S. Department of Justice (DOJ) cannot, at the present time, turn over federal investigations and prosecution of serious violations of federal law to special prosecutors or independent counsel even if the DOJ had wanted to; and, as we know, it doesn’t. And, Congress, for its part, cannot compel the Justice Department to turn over, to special prosecutors or independent counsel, federal investigations and prosecution of serious violations of federal law by high level Officials of the Executive Branch of the Federal Government even if it seeks to do so; and, at least two U.S. Congressmen wish to do just that.

Once again, and we emphasize: The authorization for the appointment of special prosecutors or independent counsel to take over investigations of serious violations of federal law committed by high level Officials of the Executive Branch of Government, along with the power to prosecute those charged with commission of felonies under federal law, died in 1999, when Congress allowed the “Ethics in Government Act of 1978” to expire, in accordance with the sunset provision originally written into the law–hence the need for the Act’s reauthorization. 

The Arbalest Quarrel wrote a comprehensive article on this, titled, “The Un-Justice Department Gives Hillary a Free Pass.” We posted the article, on August 4, 2016, on our site, well before Trump, or anyone else, for that matter, discussed, in a cogent, serious and comprehensive matter, the appointment of a special prosecutor to investigate, inter alia, the serious misconduct of Hillary Clinton, relating to her use of private email servers to conduct official Government business

After the “Ethics in Government Act of 1978” lapsed, U.S. Representative, Mike Quigley, attempted to resurrect the “Ethics in Government Act of 1978” and similar bills, by sponsoring, on March 25, 2010, the “Transparency in Government Act of 2010,” 111 H.R. 4983. The bill went nowhere, apparently dying in Committee.

On June 23, 2011, Mike Quigley tried again. He, along, with another Democrat, Jackie Speier, sponsored, on June 23, 2011, the “Transparency in Government Act of 2011,” 112 H.R. 2340. That effort, too, went nowhere. The bill died in Committee.

Yet, a third time, on March 13, 2014, Representative Mike Quigley reintroduced the bill as the “Transparency in Government Act of 2014,” 113 H.R. 4245—and the bill died in Committee, a third time.

Then, a fourth time, Representative Mike Quigley—along with Representative Jackie Speier and, now, a third Democrat, Krysten Sinema, introduced “the Transparency in Government Act of 2015, 114 H.R. 1381.” That bill was no more successful than the previous three—never getting out of Committee.

Even so, had any one of these four bills passed, the most important provision of the original Act—the appointment of a special prosecutor or independent counsel to investigate and, if necessary, prosecute serious misconduct by high level Executive Department officials—was nowhere to be seen in any of the bills Mike Quigley sponsored.

Now, on May 17, 2016, six months before the U.S. Presidential Election of 2016, two Republicans, Mike Turner and Rick Allen introduced a bill that, if passed, would truly resurrect “the Ethics in Government Act of 1978.” They introduced the “Independent Counsel Reauthorization Act of 2016,” 114 H.R. 5271. That bill, if passed does require the DOJ to turn over the investigation and prosecution, of cases involving serious misconduct of Executive Branch Officials, to outside counsel, namely, independent counsel, commonly referred to as “special prosecutors.”

The Arbalest Quarrel insists that Congress debate this bill and vote on it before the U.S. Presidential Election—an Election that is rapidly approaching—less than three months away. If the full House votes on this bill, the American people will see, first-hand, those U.S. Representatives, both Democrats and Republicans, who demand accountability and integrity in the Executive Branch of the Federal Government, and those who do not.

If the “Independent Counsel Reauthorization Act of 2016” passes, Congress will itself have the clout necessary to bring Hillary Clinton to justice. It need not rely on the Executive Branch—through its Justice Department—to police itself—something the Department—as has become depressingly, indeed, excruciatingly clear—cannot or will not do.

Independent counsel need not constrain him or herself to investigate and prosecute Hillary Clinton alone. Counsel will have the power and authority of Congress to investigate and prosecute the Bill, Hillary and Chelsea Foundation, along with the principals, Bill and Hillary Clinton, for possible violations of the federal RICO Statute, 18 U.S.C. Section 1961. Congress, through independent counsel, will be able to bring down the entire corrupt Clinton Dynasty. You would think Congress would have acted well before we came to this point in time—the Eleventh Hour.

Sometimes, though, as we know all too well, Congress needs a kick in the behind to get moving. For those Congressmen and Congresswomen who wish to sit on the “Independent Counsel Reauthorization Act of 2016,”—Republicans as well as Democrats—we hope that, with a little encouragement from the citizenry, they will be compelled, however grudgingly, to take a stand. This is no time for Congress to remain passive and silent. Their timidity is painfully obvious to all Americans. Let Americans assert: “We see you cowering in the shadows.”

To spur Congress to act on the “Independent Counsel Reauthorization Act of 2016,” the Arbalest Quarrel has formally written Representative Mike Turner, and has copied the cosponsor of the bill, Rick Allen, and has copied, also, other influential Republicans in the U.S. House of Representatives, whom, we believe, truly seek to bring the Clintons to justice and who seek to prevent the occurrence of a travesty and horror—one that would see a likely felon become President of the United States.

In our letter, we have asked Representative Turner to give us an update on the status of his bill, and we have urged him to move on this bill if it is stalled in Committee—as, apparently, it is. We seek to remind Congress that this is no time for dawdling.

The letter, which the Arbalest Quarrel sent to Representative Turner by Federal Express, has been, we have confirmed, received by the Congressman’s Office.

We provide readers with the content of the letter we sent to Representative Turner, in the Part three of the present article.

THE ARBALEST QUARREL’S LETTER TO U.S. CONGRESSMAN, MIKE TURNER

We provide, here, in full, our recent letter to Representative Mike Turner, Republican, Ohio, sponsor of the “Independent counsel Reauthorization Act of 2016.”  The letter reads:

August 23, 2016

Via Federal Express

The Honorable Michael Turner
The United States House of Representatives
2239 Rayburn House Office Building
Washington, D.C. 20515

Re: H.R. 5271

Dear Sir:

I am an attorney who specializes in Constitutional law. With my colleagues we publish the Arbalest Quarrel, a unique, informative website, specializing in formal analyses of State and federal firearms’ legislation and court decisions. Our articles are published throughout the Nation, in major magazines, read by millions of people.

We are writing to you in reference to H.R. 5271, a bill you sponsored and that Representative Rick Allen cosponsored. You introduced the bill on May 17, 2016. The public knows the bill by its short title: the “Independent Counsel Reauthorization Act of 2016.” If enacted, H.R. 5271 would reauthorize Chapter 40 of Title 28 of the United States Code. H.R. 5271 amends Section 599 of Title 28. Your bill also amends the sunset provision of the previous bill: the “Independent Counsel Reauthorization Act of 1994.” Specifically, the present bill amends the expiration date of the previous bill, codified in Section 591(b) (7) of Title 28, from five years to eight years.

H.R. 5271 was referred to the House Committee on the Judiciary on the day you sponsored it, May 17, 2016; and we know, too, that H.R. 5271 was also referred to the House Subcommittee on the Constitution and Civil Justice, on May 20, 2016. What we don’t know—and what we would like to know—is the status of H.R. 5271 at this time.

You sponsored H.R. 5271 over three months ago. The bill appears to be languishing in Committee and Subcommittee. The United States Presidential Election is around the corner. Have the House Committee on the Judiciary and the Subcommittee on the Constitution and Civil Justice acted on H.R. 5271? If not, why not? Do you anticipate H.R. 5271 passing Committee? If not, when do you and Representative Allen anticipate that both the House Committee and the Subcommittee will pass the bill so it may be debated in Chamber and, eventually, voted on before the full House? We implore both you and Representative Allen to spur action on H.R. 5271 if it is deliberately being held in abeyance.

We know that both you and Representative Allen share our concern. Were that otherwise, you would not have sponsored H.R. 5271. The American people have dire need of it.

Without passage of H.R. 5271 Hillary Rodham Clinton will escape justice. Worse, were Hillary Clinton elected President of the United States, the American people will have elected a person who likely violated federal law during her tenure as a Cabinet level official, Secretary of State in the Obama Administration, and who likely continued to violate federal law thereafter. Historical records will document that the American people had elected, for the first time in our Nation’s history, a person whose corruption is manifest before that person assumed the highest Office in the Land.

Hillary Clinton likely violated 18 U.S.C. § 793. Title 18 of the U.S. Code is titled “Crimes and Criminal Procedure.” 18 U.S.C. § 793 falls within Chapter 37. Chapter 37 is titled, “Espionage and Censorship.” 18 U.S.C. § 793 is titled, “Gathering, transmitting, or losing defense information.” Hillary Clinton likely violated 18 U.S.C. § 793 because substantive and substantial evidence exists that she mishandled, either intentionally or through gross negligence, classified Government information during her tenure as Secretary of State. If convicted of mishandling classified Government information, Hillary Clinton has committed a felony. She cannot serve as President of the United States.

Hillary Clinton likely violated, 18 U.S.C. § 1001. That Section falls within Chapter 11 of the U.S. Code, titled, “Fraud and False Statements.” 18 U.S.C. § 1001 is titled, “Statements or Entries Generally.” Hillary Clinton likely violated 18 U.S.C. § 1001 because substantive evidence exists that she lied to the F.B.I., during the Bureau’s criminal investigation. If convicted of lying to F.B.I. agents, Hillary Clinton has then committed a second felony. She cannot serve as President of the United States.

Hillary Clinton likely violated 18 U.S.C. § 201. That Section falls within Chapter 11 of the U.S. Code, titled, “Bribery, Graft, and Public Corruption.” 18 U.S.C. § 201 is titled, “Bribery of Public Officials and Witnesses.” Hillary Clinton likely violated 18 U.S.C. § 1001 because substantive and substantial evidence exists that, while serving as Secretary of State, both she and her husband utilized the Bill, Hillary & Chelsea Clinton Foundation as a conduit through which wealthy donors—including individuals, foreign governments, NGOs, and multinational corporations—obtained favorable treatment at the expense of the American people and in contravention of the U.S. Constitution and in contravention of our laws.

Evidence suggests that Hillary Clinton used the Clinton Foundation as an extension of the United States Department of State, doling out favors for money, reaping a personal fortune through the influence she wielded as Secretary of State. If convicted of bribery, graft, or public corruption, Hillary Clinton has committed a third felony. She cannot serve as President of the United States.

Will accountability exist in the federal Government or not? The “Independent Counsel Reauthorization Act of 2016” would provide the clout to bring accountability to Government, reinvoking the “Ethics in Government Act of 1978.

Congress reauthorized the 1978 Act—an Act, compelling integrity in the Executive Branch of our Government—four times. Congress did not, though, reauthorize the “Ethics in Government Act of 1978” a fifth time, in 1999. Congressional failure to reauthorize the “Ethics in Government Act of 1978” occurred, curiously, during the impeachment of the 42^nd U.S. President, Bill Clinton. The U.S. Senate instituted impeachment proceedings against President Clinton on charges of perjury, obstruction of justice, and abuse of power.

Need exists for immediate enactment of the “Independent Counsel Reauthorization Act of 2016.” Only through passage of H.R. 5271 into law will remediation be possible. The U.S. Department of Justice will not perform its duties. Therefore Congress must step in.

H.R. 5271 should be debated openly in Congress; and it should be voted on by the full House. The American people must know those Legislators in Congress who demand integrity in the Executive Branch of the federal Government and those Legislators in Congress who do not.

Sincerely,

Roger J. Katz, Attorney at Law
Co-founder, Arbalest Group, LLC.

cc: The Honorable Rick Allen
The Honorable Jason Chaffetz, Chairman, House Committee on Oversight and Government Reform
The Honorable Bob Goodlatte, Chairman, House Judiciary Committee
The Honorable Trey Gowdy, Chairman, Select Committee on Benghazi
______________________________

You can help us and yourselves, and you can help our Nation, our system of laws, and our sacred Bill of Rights by contacting your Representatives in Congress. Contact them today. Tell them that you will not let them sit this one out. Reluctance to take a stand, to act, is not an option, not now, not when so much is at stake—more so now, than ever before. The future of this Nation hangs in the balance. Tell your Congressional Delegation that you are aware a bill is pending in Congress, the “Independent Counsel Reauthorization Act of 2016,” that will give Congress the clout it needs to bring Hillary Rodham Clinton, and her husband, and the Clinton Foundation—the entirety of the Clinton Dynasty—to justice.

Tell your Representatives in Congress that you demand integrity in the Executive Branch of Government and that, since, the Executive Branch refuses to police itself and is obviously content to allow corruption in the Executive Branch to continue to exist and, in fact, to grow unchecked, Congress must step in and put a stop to that corruption and Congress must step in and put a stop to that corruption now.

Congress must do so to prevent even the possibility that Hillary Clinton might set foot in the Oval Office.

The possibility of a Hillary Rodham Clinton Presidency is too horrible even to contemplate. Let a Hillary Rodham Clinton Presidency be consigned to fiction—to a novel in the genre of horror, such as Mary Shelley’s classic, “Frankenstein” or Bram Stoker’s, “Dracula.”

Do not allow a Hillary Rodham Clinton Presidency become a Reality, for she and her family and the family’s Front Group—the Bill, Hillary & Chelsea Clinton Foundation– will prey on all of us, and bleed us dry. Make no mistake. That is what is in store for us. That will happen if Americans fail to prevent it from happening.