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RELEASE THE MEMO: SENIOR OFFICIALS OF THE DOJ AND FBI HAVE BETRAYED THEIR OWN AGENTS OF THE RANK AND FILE AGENTS AND THEIR OWN ATTORNEYS, AND HAVE BETRAYED THE AMERICAN CITIZENRY
PART SIX
WHOM SHALL WE SAY IS HONORABLE, AND REALLY MEAN IT? WHOM SHALL WE SAY IS HONORABLE AND TRULY MERITS THE APPELLATION OF IT?
Friends, Romans, countrymen, lend me your ears; I come to bury Caesar, not to praise him. The evil that men do lives after them; The good is oft interréd with their bones; So let it be with Caesar. The noble Brutus Hath told you Caesar was ambitious: If it were so, it was a grievous fault, And grievously hath Caesar answer'd it. Here, under leave of Brutus and the rest— For Brutus is an honourable man; So are they all, all honourable men— Come I to speak in Caesar's funeral. He was my friend, faithful and just to me: But Brutus says he was ambitious; And Brutus is an honourable man. He hath brought many captives home to Rome Whose ransoms did the general coffers fill: Did this in Caesar seem ambitious? When that the poor have cried, Caesar hath wept: Ambition should be made of sterner stuff: Yet Brutus says he was ambitious; And Brutus is an honourable man. You all did see that on the Lupercal I thrice presented him a kingly crown, Which he did thrice refuse: was this ambition? Yet Brutus says he was ambitious; And, sure, he is an honourable man. I speak not to disprove what Brutus spoke, But here I am to speak what I do know. You all did love him once, not without cause: What cause withholds you then, to mourn for him? O judgment! Thou art fled to brutish beasts, And men have lost their reason. Bear with me; My heart is in the coffin there with Caesar, And I must pause till it come back to me.Act III, Scene 2, Julius Caesar, by William Shakespeare
DOJ, FBI OFFICIALS—INCLUDING PETER STRZOK, LISA PAGE, SALLY YATES, ROD ROSENSTEIN, ROBERT MUELLER, ANDREW MCCABE, JAMES COMEY, ANDREW WEISSMAN, JAMES RYBICKI, LORETTA LYNCH, AMONG OTHERS, SOME OF WHOM ARE KNOWN AND MANY OF WHOM REMAIN UNKNOWN, AND DEMOCRATIC PARTY CONGRESSIONAL LEADERS LIKE ADAM SCHIFF, AND DIANNE FEINSTEIN,—HAVE SOUGHT TO RAISE UP A LIKELY SERIAL FELON, HILLARY RODHAM CLINTON, AND HAVING BEEN UNABLE TO DO SO, SEEK EVEN NOW, AUDACIOUSLY, TO BRING LOW THE NATION’S PRESIDENT, DONALD TRUMP, A MAN WHO HAS BEEN ELECTED IN ACCORDANCE WITH THE RULES AND LAWS OF OUR COUNTRY. THESE SENIOR OFFICIALS OF THE DOJ, FBI AND CONGRESSIONAL DEMOCRATIC LEADERS CONTINUE TO BETRAY THIS NATION AND TO BETRAY ITS CONSTITUTION AND TO BETRAY ITS PRESIDENT AND HAVE BETRAYED AND CONTINUE TO BETRAY THE AMERICAN CITIZENRY—BUT, SURELY, THEY DID SO AND CONTINUE TO DO SO FOR GOOD CAUSE AS THEY ARE HONORABLE, ALL OF THEM, HONORABLE MEN AND WOMEN.
Bureaucrats of the Deep State and Congressional Democrats are frightened, and discontented, and are quietly seething with rage. There is no other accurate way to put it. Since Hillary Clinton lost the election, they have been hard at work, attempting to destroy Donald Trump and the Trump Administration--partly as payback for the audacity of Trump to snatch the Presidency from the grasp of Hillary Clinton. The problem for these Congressional Democrats and Bureaucrats of the Deep State is that they must come out of the shadows and demonstrate not only how much they loathe Trump but the extent of their contempt for the American people.Had Hillary Clinton prevailed in the 2016 U.S. Presidential election, as these Bureaucrats of the Deep State and as Congressional Democrats had hoped, and, indeed, had assumed, the slow dissolution of our Country as an independent sovereign Nation, and the slow undermining of our sacred Bill of Rights would have continued, quietly, surreptitiously, inexorably, unabated. But, because Hillary Clinton lost the election, the betrayers of this Nation must show their hand. They are forced to cover their tracks, and, at one and the same time, they brazenly attempt to undermine the President of the United States, Donald Trump. Even now they are hard at work to warp this Nation into a thing completely alien to it--something completely at odds with the founders vision for it. These Congressional Democrats and Bureaucrats of the Deep State operate seemingly oblivious to the fact that the American electorate has spoken. Clinton has not won the election. Her imperial ambitions are done, finished.The American electorate has had enough of the Clintons and of Obama. It has seen the damage wrought by the Obama Presidency--damage that would not have been redressed but that would have continued into a Clinton Presidency--and the electorate has voted into Office, a man who has a new vision for this Country, a man who seeks to set the Nation on its proper course, a course consistent with the vision that the founders of the Nation, the framers of our Constitution, had desired for this Country.Yet, the betrayers of our Nation will not abide this. Unfortunately, their reach extends well beyond the Bureaucratic institutions of our Government. These betrayers have infiltrated the business, financial and technology sectors of the economy, and they have infiltrated the institution of education and they have infiltrated the entertainment and media industries.The mainstream news media Press continues its rampant, rabid assault against President Trump, all the while claiming disingenuously, that it is simply reporting the “truth.” But, "this truth” to which they ascribe is an amorphous, flexible concept and they use their notion of “truth” to discourage, trouble, and confound the public.And, the Deep State Bureaucrats of the DOJ and FBI and intelligence agencies, for their part, misuse regulatory power, all the while claiming to do so to secure our national security. How it is that senior officials of the FBI would fail to recommend that charges be brought against a likely career felon like Hillary Clinton and how it is that officials of the DOJ would fail to indict this person, doing their damnedest to see to it that she continue her run for President of the United States stretches credulity. Yet, the mainstream media Press assert the integrity of these senior Officials of the DOJ and FBI, and Congressional leaders of the Democratic Party also assert and proclaim the integrity of these senior Officials of the DOJ and FBI. And these men and women, these senior Officials of the DOJ and FBI do, themselves, proclaim their integrity and forthrightness. And, of course these men and women of indelible integrity, that exude such purity and piety, are honorable, all of them truly honorable men and women.Should the American citizenry doubt this, any of it? And, what of Hillary Clinton? What an abundance of integrity stuffed in the encasement of her body. Did Hillary Clinton commit numerous felonies? Of course not! How do we know. We know this because FBI Officials such as James Comey and Andrew McCabe and Peter Strzok say so. And, we can take them at their word. Because these men, of course, all of them, do exude an abundance of integrity. And they are all, all of them, truly honorable men.And, Robert Mueller? What can we say about him? Robert Mueller is said by his proponents to exude the utmost integrity. Can anyone reasonably doubt that? But, if he had such integrity, would this man—this man of integrity, this honorable man—deign to have reason to investigate the President of the United States? Robert Mueller, this man of integrity, of honor, of rectitude, must think that the President and the President’s Campaign Officials and the President’s Cabinet have engaged in subterfuge with Putin and the dastardly Russians. After all, Russia, the evil empire of Vladimir Putin, is attempting to destroy our Democratic Republic, don’t you know? And, how do we know? We have it on faith. We have it from the words of an honorable man, Adam Schiff and we have it from the words of an honorable woman, Dianne Feinstein—for they are all, both of them truly honorable people. This honorable man and this honorable woman has the best interests of the American people at heart. Who among the American citizenry can reasonably doubt that? Can any American citizen truly doubt that?Look at all that these Congressional Democrats have done for us, and all that they will do for us if Americans would just give them the chance. And, yet, with so many months that have gone by and with so much taxpayer money expended, with so many Federal Governmental resources at his disposal, what has this man, Robert Mueller—this man of integrity, this man of honor—come up with? Nothing! There is not shred of evidence of criminal dealings between Trump Campaign or Administrative Officials and the Russians that can be presented to a Court of competent jurisdiction But, how can this be? There must be evidence of collusion! So, Robert Mueller and his team keep looking, and digging, and expending millions of taxpayer dollars. and utilizing substantial Governmental resources chasing after bugaboos. What a quandary. Robert Mueller and his team must come up with something concrete. And, if, when all is said and done, Robert Mueller and his team come up empty, what then? They will just try to come up with evidence of another crime. Perhaps, they have found it: the amorphous, flexible crime, “obstruction of justice.” That’s it: obstruction of justice! And, if obstruction of justice doesn’t exist, well, then, why not manufacture it? And, Congressional Democrats give Robert Mueller and his team, their blessing. And, they continue their merry way. The American citizen loses out as the U.S. President continues to be relentlessly attacked and besmirched.
AND NOW WE HAVE THE FEINSTEIN AND SCHIFF LETTER CONTINUING TO PLAY UP THE FICTION OF RUSSIAN MEDDLING AND INTERFERENCE IN THIS COUNTRY’S AFFAIRS, AS IF THE RUSSIANS COULD POSSIBLY HAVE HAD REAL SUCCESS AGAINST US. THAT SAYS VERY LITTLE ABOUT OUR STRENGTH OF WILL, OF OUR FORTITUDE. YET, CONGRESSIONAL DEMOCRATS CONTINUE TO TREAT AVERAGE AMERICANS LIKE FORLORN LITTLE LAMBS, WHO HAVE TO BE CONSTANTLY GUIDED AND OCCASIONALLY CHIDED AS THEY ARE OTHERWISE LIKELY TO GO ASTRAY.
We have an open letter from Dianne Feinstein (S-CA) and Adam Schiff (R-CA), directed to Chairman and Chief Executive Officer of Facebook, Inc., Mark Zuckerberg, and directed to Jack Dorsey, Chief Executive of Twitter, Inc., pleading with these Billionaire to take action against— “the Russians.” And, how is it that this ogre, “the Russians,” are undermining this Country? Feinstein and Schiff claim the Russians are now using “Bots” in a campaign to manipulate public opinion to undermine the Mueller investigation. Senators Feinstein and Schiff exclaim that it is the Russians, and not the American people, who are clamoring for release of the House Intelligence Committee Memo. And, if it is, indeed, the Russians, who are shouting for release of the Memo, then, why should it be released? Obviously, this Nation need not appease the Russians. But, if it were really the American people who seek release of the Memo, then, why not release it? Does not Congress need to appease the American people? Senators Feinstein and Schiff don’t think so, but they can’t say that. It has to be a Russian conspiracy.So, then, the American people are to believe that the bogeyman, this Chimera, the Russians, are behind the attempt to malign Mueller, and Officials of the DOJ and FBI, and that release of the House Intelligence Committee Memo would demonstrably detract from Robert Mueller’s investigation. And, we should believe Dianne Feinstein and Adam Schiff because they are, after all, both of them, honorable people. They seek only what is best for the citizens of this Country and what might that portend, apart from undermining the Trump Presidency. Well, consider: (1) providing amnesty and citizenship to millions of illegal aliens and keeping our Nation’s borders open and porous, as this will ensure a ready influx of ever more illegal aliens and provide a useful conduit for introduction of illegal drugs into this Country, cheap labor, bloated Welfare rolls, and “votes” by their grateful minions; (2) repealing the Second Amendment because firearms are dangerous American citizens cannot be trusted to wield them and therefore should not have access to them; (3) destroying statues and monuments across our Country and rewriting our Nation’s history to better fit a fictional narrative they wish to convey for our Nation; (4) clamping down on freedom of speech, under the First Amendment, to prevent Americans from saying anything that may offend some individuals’ finer sensibilities, notwithstanding U.S. Supreme Court rulings on that very issue; (5) increasing rampant globalization across all business and financial sectors as this will assist in the continued destruction of small business in this Country and undermine American craftsmanship and labor; (6) flooding this Nation with millions of Muslim refugees, as they are incapable of assimilation and their presence here will help create further upheaval in our Nation, assisting in the fracture of the American psyche, which is deemed to be a good thing; (7) subordinating our Constitution and system of laws to international laws and subordinating our Courts to foreign courts and foreign tribunals, as the undermining of our Nation’s laws will allow for a smoother transition of this Nation into a new pan-world Order, controlled by a small cadre of people who know what is best for everyone else; (8) denigrating the concept of ‘citizenship’ because Americans are to be considered “citizens of the world,” not citizens of the United States, which is considered parochial, and nationalistic, which is considered a bad thing; (9) continuing endless wars because war will fill multinational corporate coffers and volatility around the world serves the goals of the trans-nationalist, internationalist globalist "elites." And, under no circumstances should Americans malign senior Officials of the DOJ AND FBI because doing so tends to undercut the cohesiveness of those organizations and causes the American citizenry to doubt the integrity of those organizations. Well, that is the whole point, isn’t it? If the illusion of integrity is shattered, then it is for good cause, as the American people have to put that “house in order.” But, the senior leadership of the DOJ and FBI don’t see it that way. And, now we have, an Assistant Attorney General castigating the House for pushing for release of the House Intelligence Committee Memo to the American people, as reported by the political news website, "the hill":“Assistant Attorney General Stephen Boyd in a letter to the chairman of the House Intelligence Committee, Rep. Devin Nunes (R-Calif.), said the Republican push to release a memo they say reveals political bias at the DOJ AND FBI would be ‘extraordinarily reckless' without a review by those agencies.” Yes, and the DOJ and FBI have always been so forthcoming to Congress. Here’s a news flash for Stephen Boyd: Congress doesn’t work for the FBI or the DOJ or, for that matter, for any other department, agency, or bureau of the Executive Branch of Government; and, so Congress doesn’t answer to the DOJ and FBI or to any other Executive Branch Department, Bureau or Agency. Congress is a co-equal Branch of Government and works for and answers only to the American people. Congress provides—or is supposed to provide—oversight of the DOJ, FBI, and of the myriad and certainly bloated intelligence apparatus of this Nation—not the other way around. And, Congress needs to exercise oversight in light of decades of abuses of these Departments, Bureaus, and Agencies. What has been extraordinarily reckless are the actions of Senior Officials in the DOJ and FBI. And, Stephen Boyd’s letter on its face demonstrates disrespect toward Congress, incredible insolence, and unbridled arrogance. In a word, the letter is ‘insulting.’Contrary to Boyd’s protestations release of the House Intelligence Committee Memo to the American citizenry, is just what this Country needs from the Federal Government--transparency, the thing much mentioned by Congressional leaders and then-President Barack Obama, too, but never embraced. The contents of the Memo are certainly meant to alarm the American citizenry as Americans will immediately be privy to gross and pervasive abuses in the bloated Federal DOJ and FBI—abuses that amount not merely to wrongs that may be ascribed to momentary ethical lapses and poor judgment but, matters that rise to the level of serious crimes against this Nation, against this Nation’s Constitution and laws, and against this Nation’s citizenry. Release of the House Intelligence Committee Memo that Republicans of the House Intelligence Committee prepared simply helps to set matters right. House Republicans simply wish to inform the American public of the fact of rogue elements in the DOJ and FBI that are doing a disservice to this Country, and to this Country's Constitution and laws, and to this Country's citizenry and that these individuals within the Justice Department must be brought to justice themselves. That was certainly the point of the Memo's creation. And, where is the harm in that? None! There is harm, indeed, if rogue elements in the DOJ and FBI are not brought to justice. It is not surprising that Stephen Boyd would argue against release of the Memo, masking his concern over its release under the cloak of national security, when, what it is he really wishes to do is prevent the American public from seeing evidence of criminal conduct at the top law enforcement organization of the Nation.Nothing is worse than top police officials of the FBI and top attorneys of the DOJ who have besmirched their duty to this Nation, to the Nation’s Constitution and to the American people and who seek to keep their crimes secret. The House Intelligence Committee Memo does not need to be reviewed by and ought not be reviewed by and must not be subject to review by the DOJ and FBI Officials, who, in testimony before Congress, in recent months, have, themselves, for their part, been less than forthcoming and less than forthright.Stephen Boyd shows incredible nerve and audacity in his admonishment to Congress. The letter operates—as it obviously was meant to—as a scurrilous threat to Congress, really—as Boyd obviously wishes to keep the Memorandum away from the eyes of the American citizenry and to bury the Memorandum in the hidden recesses of the FBI.What is evident is that many Congressional Democrats and many senior Officials of the Deep State are about to be found out for what they are: corrupt, vindictive, belligerent, and arrogant functionaries of Government who are all “too full of themselves.” Their arrogance makes them blind to the ludicrousness and audaciousness of their actions. They clearly have nothing but contempt for the American people and that is shown in their actions and recent “letters.” They may see themselves as safeguarding this Nation; and even that may be giving them more credit than they deserve. For, despite their high-minded oratory, they truly care not one whit about the American people. They care only for and about themselves. The goals and aims they have for this Nation do not reflect the will of the American people and are at odds with the Founders’ vision for this Nation. The actions of Congressional Democrats and of these senior Officials of the Deep State ultimately belie their words. They have betrayed this Nation and continue, cavalierly, to do so. They have betrayed this Nation’s Constitution and its laws and believe they can continue to do so, for who will stop them? And they have betrayed the American people, and, even now, show their absolute contempt for the people. And, yet, for all that, they perceive themselves to be honorable, all of them, honorable men and women.’
THERE ARE, IN FACT, MONSTERS IN OUR MIDST; BUT THEY AREN’T THE RUSSIANS.
If there are monsters roaming about in the Land, they aren’t the Russians. They are, unfortunately, all too many Americans in high Office—those occupying leadership positions in Congress and senior leadership positions in the Federal Bureaucracy. These individuals live among us and have insinuated themselves, apparently inextricably, into the deepest recesses of our Nation’s institutions—something the Russians, whom they castigate, could never do and probably would never care to do even if they had the opportunity.Russians and Americans would serve each other better, today, as allies, on many fronts, than as opponents. The Democrats don't see it that way. They are still fighting the Cold War. But, too, these Congressional Democrats and Congressional Centrist Republicans, too, seek to entangle the U.S. into the political horror of the EU. Brussels and the Rothschild clan constitute more of a threat to the continued independence and sovereignty of the United States and more of a threat to the supremacy of our Constitution and laws than anything posed by Russia.These “Americans,” Congressional leaders like Schiff, and Feinstein, Schumer, and Pelosi and the rest of that motley troupe, along with senior Bureaucratic Officials of the DOJ and FBI and their minions seek to thrust their will on the rest of us, as they believe that they know what is in the best interests for all of us. Or, perhaps, they don’t care as they are working for their benefactors, those shadowy, secretive trans-nationalist, internationalist globalist “elites” who have a view of and goal for the World that serves their interests, not those of the American people or, for that matter, for the interests of the people of any Nation State, either.The Democratic Party leadership and senior Officials in the Federal Bureaucracy seek to thrust their reality on all Americans even as, in so doing, they blatantly trample on our laws, our Constitution, and even as they boldly lie to the American people, claiming, disingenuously, that they support our laws, our Constitution, the “rule of law.” They do not.They and their trans-nationalist, internationalist globalist benefactors are the real monsters as they pose the real and continuous threat to the continued existence of our Country as a Free Republic and as an independent sovereign Nation. They are the real threat to the sanctity of the American soul and psyche and they seek to thwart the American people, viewing them less as citizens and more as servile subjects who are meant to serve them and their interests. They seek a metamorphosis of our Nation and its people; they seek to undercut the sacred rights and liberties the framers of our Bill of Rights etched in stone. They are the betrayers of our Nation and of our heritage, and they intend to defeat the American people.
AND WHAT ARE THE TOOLS OF CONQUEST THAT THESE MONSTERS EMPLOY TODAY? ARE THEY FORCE OF ARMS? OR, ARE THEY, RATHER, HIGH-MINDED POLITICAL RHETORIC COUPLED WITH DECEPTIVE, DECEITFUL ACTION—FLOWERY, POMPOUS WORDS COUPLED WITH ACTION MEANT TO UNDERCUT OUR LAWS? WHAT THE AMERICAN PEOPLE ARE WITNESSING IS A CAREFUL SCHEME OF DECEPTION THAT CARRIES THE PRETENCE OF ADHERENCE TO THE RULE OF LAW BUT ACTUALLY DENIGRATES AND ENDANGERS IT AND, SO, OPERATES AS A BETRAYAL OF THE AMERICAN PEOPLE. AND, ALL OF THIS CAREFULLY CONCEIVED SCHEME OF BETRAYAL IS ORCHESTRATED IN SECRET BY CALCULATING RUTHLESS INDIVIDUALS, BEHIND CLOSED DOORS, IN THE DARK, AWAY FROM THE EYES AND EARS OF THE ELECTORATE, WHOM THEY PRETEND TO REPRESENT.
“The tools of conquest do not necessarily come with bombs and explosions and fallout. There are weapons that are simply thoughts, attitudes, prejudices – to be found only in the minds of men. For the record, prejudices can kill – and suspicion can destroy – and a thoughtless frightened search for a scapegoat [Martians? Russians?] has a fallout all of its own – for the children – and the children yet unborn. And the pity of it is – that these things cannot be confined – to the Twilight Zone.” Closing remarks of Rod Serling, from the Twilight Zone Episode, “The Monsters are Due on Maple Street.” First Aired, March 4, 1960.
CALL YOUR CONGRESSIONAL REPRESENTATIVE! DEMAND RELEASE OF THE HOUSE INTELLIGENCE COMMITTEE MEMO
The American citizenry should be appalled by the extravagant misuse of Government power and authority. Please contact your House Representative. Demand release of the House Intelligence Committee Memorandum that Representatives Jordan and Gaetz refer to, at once. The phone number is: 202-224-3121.______________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
RELEASE THE MEMO: REPUBLICAN HOUSE INTELLIGENCE COMMITTEE MEMBERS SHOCKED BY CONTENTS AND CALL FOR ITS RELEASE TO THE AMERICAN PUBLIC
PART ONE
HAVE SENIOR OFFICIALS IN THE DEPARTMENT OF JUSTICE AND FBI CONSPIRED TO OVERTHROW PRESIDENT TRUMP? IS THE MUELLER INVESTIGATION PART AND PARCEL OF THIS COUP ATTEMPT?
For those of you who tuned into Hannity’s Fox News program Thursday evening, January 18, and Friday evening, January 19, 2018, you learned that our Government is in the throes of a silent but deadly coup. U.S. House Representatives Jim Jordan (R-OH) and Matt Gaetz (R-FL), appearing on Hannity, Thursday, stated they had reviewed a classified House Intelligence Committee Memorandum that, as they strongly intimate, provide conclusive proof of a deliberate, calculated, categorical, treacherous attempt by senior FBI and Justice Department Officials to topple the Trump Presidency. They describe the Memo as “shocking.” Jordan and Gaetz want this Memo to be released to the public. They are insistent. They say the public has a right to know the contents of the Memo. And, we do.If half of what these House Republican Intelligence Committee members suggest is true—and, keep in mind that House and Senate Intelligence Committee members rarely, if ever, call for release of classified material to the American public—the public not only does have a right to know the contents of this Memorandum; they must know. But, House Democratic Party Intelligence Committee members according to Representatives Jordan and Gaetz, have demurred, claiming national security concerns, even, as they show, incongruously, lack of interest in the material. Very few House Democrats have reviewed the Memorandum and have, curiously, expressed no wish to do so.Government Officials and Legislators routinely cite national security concerns when they do not wish to release the contents of classified material; and, when they do, the contents are generally heavily redacted, and, so, essentially indecipherable. But national security is not at stake when Governmental documents contain content merely content that may be deemed merely embarrassing or humiliating. Worst of all, when Government documents contain evidence of ethical or criminal wrongdoing, transparency, not secrecy, is mandated. Evidence of criminal or ethical misconduct cries out for disclosure. The federal Government is, after all, our Government. It doesn’t belong to Congress and it doesn’t belong to bureaucrats. They are supposed to serve our interests, not their own. In refusing release of this House Intelligence Committee Memorandum to the American citizenry, House Democrats demonstrate complicity in the coup attempt and cover-up.Representatives Jordan and Gaetz, true patriots, having come forward with knowledge of this deeply disturbing Intelligence Committee Memo, have made abundantly clear that, once the American citizenry has access to the contents of it, heads will roll.The American public should not be surprised if, once the Memo is released, hopefully uncensored, some of the names that appear in the Memo happen to include:Rod Rosenstein, Deputy Attorney General of the DOJ; Andrew McCabe, acting Attorney General after the U.S. President Donald Trump fired James Comey; Andrew Weissman, Chief of the Criminal Fraud Section of the DOJ, and senior managing official on Robert Mueller’s Special Counsel team; Peter Strzok, senior counterintelligence official in the FBI, who served on Mueller’s team until Mueller was compelled to oust him for conspiratorial comments coming to light in his “insurance policy” email to Lisa Page, FBI lawyer; Lisa Page, FBI lawyer who failed to notify her superiors of Strzok’s conspiratorial intentions as she was probably complicit in the conspiracy; Sally Yates, Deputy Attorney General to then-President Barack Obama, and acting Attorney General after the departure of Loretta Lynch—the latter of whom served as Attorney General in President Barack Obama’s Administration immediately after the inauguration of Donald Trump to the Office of U.S. President Trump—whom President Trump rightfully fired for insubordination after Yates defiantly refused to defend the U.S. President’s order to close the Nation’s borders against terrorist threats from the Middle East; Bruce Ohr, Associate Deputy Attorney General, demoted, for concealing his secret meetings with Officials of Fusion GPS; James Comey, fired Director of the FBI, who leaked classified documents to The New York Times, through a friend, Daniel Richman, Professor at Columbia Law School. Comey’s documents served as a basis, along with the Fusion GPS Dossier, as the pretext for Rod Rosenstein’s appointment of Robert Mueller as Special Counsel, whose tacit directive is to take down the U.S. President. And, we surmise that Robert Mueller’s name, too, may be one of the names that appears on the memo that Representatives Jordan and Gaetz refers to.Robert Mueller served as FBI Director from 2001 to 2013. As FBI Director, he must have had knowledge of and may have been complicit in approving illegal sale of uranium to the Russians. If true, it would be singularly odd for the DOJ's Robert Rosenstein to appoint Robert Mueller to head a team to investigate, inter alia--as reported in the letter (Order No. 2915-2017) from Rosenstein to Mueller--“any links and/or coordination between the Russian Government and individuals associated with the campaign of President Donald Trump.” We may surmise that Hillary Clinton’s name appears in this classified House Intelligence Committee Memo, too, along with the name of Loretta Lynch, who served as President Barack Obama’s Attorney General, from April 27, 2015 – January 20, 2017. And, is it possible that the name of Barack Obama, too, appears in this Memo? If, Clinton’s name and Obama’s name appears in this House Intelligence Committee Memo, we can well imagine why House Democrats adamantly refuse to release the Memo to the public. For, the entirety of the Democratic Party will be held up to shame. The shameful and likely criminal acts of these individuals are too numerous to mention here, but we have touched on several—especially those that point to serious criminal acts on the part of Hillary Clinton. Imagine a person such as Hillary Clinton in the White House.Senior Federal Government Officials, having failed to achieve their goal of depositing Hillary Clinton into the Oval Office—having hatched and orchestrated a plan, through then-FBI Director James Comey and others, to absolve Democratic Party U.S. Presidential Hillary Clinton of criminal wrongdoing on multiple counts of multiple felonies so that she could continue to run as the Democratic Party choice for U.S. President, hatched their secondary plan. They presented, as is abundantly clear, false and fabricated information, namely the notorious Fusion GPS Dossier—paid for by Hillary Clinton and the Democratic National Committee (DNC)—to the FISA Court. These high-level Officials in the FBI and DOJ, in a plot to topple the U.S. President, Donald Trump, attempted to obtain a warrant that would give these disreputable, and arguably, despicable, Officials legal cover by allowing the FBI to secretly, and ostensibly lawfully, to investigate senior Trump campaign officials on false allegations of having had nefarious dealings with the Russians. If true, this would serve, conceivably, as the principal feasible basis to impeach Trump and, if successful, would lead to his removal from Office.Comey’s own memoranda to The New York Times was instrumental in the appointment of a Special Counsel in the first instance. The Fusion GPS Dossier, a compilation of damnable lies and uncorroborated, baseless rumor, innuendo, and hearsay, is a manuscript of deception put together by an ex-British spy, Christopher Steele. Steele is an expert on deception and intrigues, who worked for British intelligence, MI-6. The Dossier became the vehicle through which the FISA Court issued a warrant, allowing/authorizing the Special Counsel, Robert Mueller, to investigate presumptive collusion between the Trump Campaign and the Russian Government. This Dossier, this lie, this work of fiction, serves as the predicate basis for the Mueller investigation. Therefore, the Mueller investigation is itself grounded on a lie, made worse through misuse of exorbitant taxpayer monies and wasteful Governmental resources. Further, presenting false information to a FISA Court, swearing that it is true to obtain a warrant from the Court that the Court otherwise would not have issued--subornation of perjury--constitutes a fraud on the Court—compounding other serious wrongdoing by senior Officials of Government who have been working secretly and inexorably to bring down Trump and his Administration. These senior FBI and DOJ Officials, who may include senior and mid-level Officials in both the State Department and in the Intelligence Agencies as well—hold-overs from the Obama Administration, have betrayed, through color of law and their Office, their sacred oath to this Nation, to this Nation's Constitution and to this Nation's citizenry. Their weak defense, for their heinous betrayal, which will not operate as a tenable defense at all in a Court of competent jurisdiction, is that it is their belief that Donald Trump will lead this Nation on a path that is at loggerheads with foreign and domestic policies of previous Administrations which they had wish to see continued. This is the height of arrogance, and contrary to the will of the American people who elected Donald Trump to the Office of President of the United States. What these senior and mid-level Officials of the Deep State want, or, what they unwittingly would be working toward if they would only stop to think about the matter, is subordination of our Nation, its Constitution, its Bill of Rights, its system of laws, its jurisprudence, its core values, its system of ethics and morality, to that of a new trans-nationalist, internationalist, globalist world order, as exemplified in the present undermining of the political, social, and financial fabric, and independence, and sovereignty of the Nations that comprise the EU.Is the Mueller probe, then, nothing more than a monstrous step in a planned, coordinated, coup d’état of the Executive Branch of Government? Does the House Intelligence Committee Memo that Representatives Jordan and Gaetz refer to evidence of that? We think so, as this is the only intelligible inference that can be drawn on the facts so far illuminated. Further facts would, we believe, serve only to buttress this sound conclusion.In Part two of this multi-series, we look to the mainstream news media organizations. Why does the American citizenry hear so little about this? We will post Part two of this series, on the Arbalest Quarrel website, tomorrow. In Part three, immediately following the posting of Part two of this series, we will look at a few of the specific crimes that senior DOJ and FBI Officials likely committed--serious crimes that these Officials can feasibly be charged with through the contemptible, dishonorable, thoroughly reprehensible hoax they perpetrated on both the FISA Court and the American people, a hoax that is, as of the date of posting of this article, still being played out!_________________________________________________ Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
TINKER, TAILOR, TERRORIST, TRAITOR
PART ONE OF FOUR PARTS
INTRODUCTION
Barack Obama’s destructive Administration is rapidly drawing to a close. Our Nation’s Constitution, its institutions, and our security have survived relatively intact. If Hillary Clinton succeeds Obama, our Nation will not survive. She will dismantle our Bill of Rights. She will destroy our economy. She will endanger our citizenry. Clinton will subordinate our laws and jurisprudence to that of other Nations and international tribunals. She will misuse our military, financing unwinnable wars with our tax dollars, sacrificing the lives of our soldiers on military campaigns and escapades that have nothing to do with defending our freedoms or preserving our National Security. Clinton will engage in Nation building, while dismantling our own Nation. She will distribute hundreds of billions of dollars to other Countries, underwriting their debt and serving their needs, while destroying the credit of our own Country and ignoring our Nation’s needs. Clinton will rewrite our Nation’s history. She will thrust alien ideas of culture, morality, religion, civil governance, philosophy, and jurisprudence into the Nation’s psyche. Clinton will undermine our National Sovereignty, our National pride our uniqueness. She will compel uniformity in thought and deed. Hillary Clinton will become the Imperial Presidency.Hillary Clinton does not have the best interests of our Nation at heart. She never did. She never will. Hillary Clinton and her family prove, through their deeds, that they serve only their own personal, selfish interests and those of their secretive benefactors both in this Country and abroad. Hillary Clinton’s needs are not our Nation’s needs. Clinton’s desires and goals are not our Nation’s desires and goals. She used the Department of State as a vehicle to amass personal wealth. She will use the Office of the U.S. Presidency in the same way, dispensing ever more favors to those willing to fill her personal coffers. The fate of our Country rests in the balance.This Nation has had enough of the Clintons and of all other family dynasties. Hopefully, the American People will see through the mask of this Viper, Hillary Clinton, before it is too late. Americans must refrain from voting for Clinton. The fate of our Country rests in the balance.
TREASON IS A CRIME AGAINST COUNTRY. THE HORROR OF TREASON IS ETCHED IN STONE FOR ALL TO SEE.
“Woe to those who call evil good, and good evil; Who substitute darkness for light and light for darkness; Who substitute bitter for sweet and sweet for bitter! Woe to those who are wise in their own eyes and clever in their own sight!" ~ISAIAH 5:20—21Has Hillary Rodham Clinton committed treason? To Clinton’s benefactors and supporters, just asking this is heresy. They would like the question to go away. It won’t.The question of treason lies simmering like molten magna just below the Earth’s crust. It lies dormant, but potent. Only a few take notice, but should.Many say Hillary Clinton is a traitor. They hurl the word at her as invective, as an epithet. They are fervent in their denunciation of Clinton. But, truthfully, calling a person a traitor, if mere epithet, as invective, means nothing more than saying, “I hate you; go to Hell!” A mere assertion of indignation of moral outrage toward one—understandable though it be—carries no legal import or significance.A few others provide a rational basis for leveling the charge of treason against Clinton. But, a rational basis isn’t automatically a legal basis. It is the legal ground for charging Hillary Clinton with treason we must ponder. Treason is a most serious charge. For, treason is a crime against our Nation’s sovereignty. Treason is a crime against our Country. Treason is a crime against the founders of our Republic. Treason is a crime against our Constitution; and against our Bill of Rights; and against our institutions; and against our system of laws; and against the Rule of Law. Treason is a crime against our fellow Countrymen. Treason is a crime against those who gave their blood for our Country, that we may live, free—free from the control of those silent, secretive, seditious, and evil, corrupting influences and forces that seek to undermine the inviolability of our Nation’s sacred heritage, and of its precious birthright. Treason mocks the sanctity of our Nation’s past. Treason undercuts faith in the stability and security of our Nation at the present moment. Treason dashes our Nation’s hopes and dreams, leaving us fearful for our Nation’s future. Treason is Treachery incarnate to our Nation.Despicable behavior warrants our condemnation, surely. But, unless our laws forbid hateful behavior, such behavior isn’t subject to prosecution. Treason is forbidden conduct. Treason is prosecutable. The crime of treason is codified in our Constitution and in Statute. The crime of Treason is etched in stone.
DOES THE DESPICABLE BEHAVIOR OF THE ODIOUS HILLARY CLINTON AMOUNT TO TREASON?
Does concrete evidence exist in the public domain that might, legally, support a charge of treason against Hillary Clinton?A few commentators assert that Clinton’s conduct amounts to treason. Do their claims stand up to scrutiny? Do those claims hold up to analysis? Is there merit to charging Hillary Clinton with treason?The mainstream media won’t weigh in. It won’t touch the subject. Those media organizations and commentators not aligned to mainstream media that have broached the subject are few. So, there is little public outcry, only a palpable silence.But treason won’t go away. It is the four hundred pound silverback gorilla in the room. Does the gorilla exist? Or, is it shadow and mist? Let’s see.
CLINTON IS A CRIMINAL: OF THAT, NO REASONABLE DOUBT EXISTS. TREASON OR NOT, CLINTON MUST ACCOUNT FOR A MULTITUDE OF FELONIES. BUT NEITHER THE ATTORNEY GENERAL NOR CONGRESS CARES ENOUGH TO DO ANYTHING ABOUT IT.
We know Clinton has committed serious federal crimes. They include mishandling classified government information, lying to federal investigators; public corruption in high Office.These three federal crimes are not misdemeanors, much less mere infractions. They are felonies, the most serious of crimes. The public knows of them. If convicted of any one or more of them, Hillary Clinton would face both large monetary penalties and lengthy imprisonment in federal prison. Rudy Giuliani has pointed to fifteen other federal crimes warranting indictment of Clinton. Giuliani served as an Associate Attorney General in the Reagan Administration, and as U.S. Attorney for the Southern District of New York, and as a Mayor of New York City. He knows whereof he speaks. The mainstream media should listen to him and roundly condemn Hillary Clinton. The mainstream media chooses not to. Instead, it applauds her; it hails her; it worships her. It defiles the sacred right of the Press, engraved in the First Amendment to the U.S. Constitution, our founders lovingly, lavished upon it.So, here we are. The Justice Department didn’t indict and prosecute Clinton and the mainstream media did not demand it do so. Why not? The F.B.I. Director’s stated reasons for recommending no indictment against Hillary Clinton remain weak and fallible and are clearly implausible. The Attorney General is an abject disgrace to her profession and to her Country. The F.B.I., within the Department of Justice, may yet come to our Nation’s rescue. James Comey, Director of the F.B.I., and the Bureau’s field agents of the F.B.I., may be our Nation’s Horatius at the Bridge.We have learned the Bureau may recommend indictment of the Bill, Hillary, & Chelsea Clinton Foundation. See article in RealClear Politics. Likely, the Bureau would recommend indictment of the Foundation under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1861 et seq. Understand, this does not mean indictment of Hillary Clinton and Bill Clinton in their individual capacity—at least not yet. But the Justice Department’s indictment of and prosecution of the Foundation, as a corporate entity, on federal RICO charges would be a good start!Evidence of Clinton’s criminal conduct is massive; the time frame of the criminal conduct, vast. Why didn’t the Justice Department indict Clinton on federal felony charges? We draw one inference: Political constraints, or threats, hindered the Justice Department’s legal duty to our Country, to our laws, and to our Constitution.Americans who committed any one or more of the crimes Hillary Clinton committed have suffered swift and severe retribution. Yet, Clinton, herself, emerges, and remains, to date, unscathed. That’s deeply perplexing. The scale of Clinton’s crimes dwarfs those of other Americans.Hillary Clinton must answer for her crimes. A double standard jeopardizes the integrity of our Nation, and the sanctity of our Republic. A double standard erodes the rule of law. A double standard mocks our Constitution; it mocks our system of laws; it mocks our jurisprudence; and it mocks the very idea of judicial fairness.The Executive Office of the President is beyond redemption. The Office of the Attorney General may yet redeem itself with an indictment of Hillary and Bill Clinton on federal felony charges. Congress, too, might redeem itself. It can do so with enactment of the Independent Counsel Reauthorization Act of 2016, H.R. 5271. But Congress must debate the Act on the Floor of the House and hold a public vote of its members. At the moment Congress has done nothing. It shows abject weakness in the face of the worst Constitutional crisis to face this Nation in decades.In Part Two we consider, one, the elements of treason, and, two, against whom federal prosecutors can bring a charge of treason.
PART TWO OF FOUR PARTS
THE DYNAMICS OF A TREASON CHARGE
“But these two things shall come to thee in a moment in one day, the loss of children, and widowhood: they shall come upon thee in their perfection for the multitude of thy sorceries, and for the great abundance of thine enchantments. For thou hast trusted in thy wickedness: thou hast said, ‘None seeth me.’ Thy wisdom and thy knowledge, it hath perverted thee; and thou hast said in thine heart, ‘I am, and none else beside me.’ Therefore shall evil come upon thee; thou shalt not know from whence it riseth: and mischief shall fall upon thee; thou shalt not be able to put it off: and desolation shall come upon thee suddenly, which thou shalt not know.” ~ ISAIAH 47:9—11, King James Version
WHOM MAY FEDERAL PROSECUTORS CHARGE WITH TREASON?
Federal prosecutors may charge with treason those American citizens who betray their Country. A citizen owes loyalty to his Country. That is self-evident. Treason is treachery to one’s Country. But, may prosecutors charge non-citizens with treason? Non-citizens don’t owe their loyalty to our Country. They aren’t expected to.Some say Barack Obama isn’t a United States citizen and, so, prosecutors cannot indict him on treason. But is that true? No; it isn’t true. Obama is subject to our Nation’s treason law, citizen or not. A common misconception is that a person must be a citizen of the United States to face a charge of treason. That’s untrue. Non-citizens who reside in the United States must adhere to all laws of the United States while here. Federal prosecutors can charge noncitizens with treason as they may citizens. How do we know that? The U.S. Supreme Court says so.Over a century ago, the Supreme Court ruled that aliens, whether here legally or not, aren’t beyond our treason law. The Supreme Court ruling is more than one hundred years old, but it is still good law. The U.S. Supreme Court said, “The alien, whilst domiciled in the country, owes a local and temporary allegiance, which continues during the period of his residence.” Carlisle vs. United States, 83 U.S. 147 (1873). The high Court, in Carlisle, added, “. . . it is well known that, by the public law, an alien or a stranger born, for so long a time as he continues within the dominions of a foreign government, owes obedience to the laws of that government, and may be punished for treason or other crimes as a native born subject might be, unless his case is varied by some treaty stipulation.” Id.
TREASON IN U.S. LAW
Treason comprises: levying war against the sovereign United States or adhering to the Nation’s enemies, giving them aid or comfort. Treason is a federal crime; a felony. The crime of treason appears in both our Constitution and federal Statute. We see it in Article III, Section 3, Clause 1 of the Constitution. We see it in the United States Code, 18 U.S.C. § 2381. Treason is treachery to Nation. Treason is the supreme betrayal to Country. Long ago, the U.S. Supreme Court made that point poignantly clear.“Treason is the most serious offense that may be committed against the United States.” Stephan vs. United States, 133 F2d 87 (6th Circuit, 1943), certiorari denied, 318 US 781 (1943), citing, Hanauer v. Doane, 79 U.S. 342, 79 U.S. 342, 20 L.Ed. 439, 12 Wall. 342 (1871). “No crime is greater than treason.”
WHAT DOES 'LEVYING WAR' MEAN?
The U.S. Supreme Court explained the meaning of ‘levying war,’ in a two-hundred year old case: Ex Parte Bollman, 8 U.S. 75 (1807), superseded by statute on other grounds as stated in Ex parte Monti, 79 F Supp. 651 (DC NY 1948). The Supreme Court’s comprehensive explanation of ‘levying war’ has stood the test of time. The high Court said, “What is the natural import of the words ‘levying war?’ And who may be said to levy it? . . . Taken most literally, they are perhaps of the same import with the words raising or creating war, but as those who join after the commencement are equally the objects of punishment, there would probably be a general admission, that the term also comprehended making war, or carrying on war. . . . If for example, an army should be actually raised for the avowed purpose of carrying on open war against the United States and subverting their government, the point must be weighed very deliberately, before a judge would venture to decide that an overt act of levying war had not been committed by a commissary of purchases, who never saw the army, but who, knowing its object, and leaguing himself with the rebels, supplied that army with provisions, or by a recruiting officer holding a commission in the rebel service, who though never in camp, executed the particular duty assigned to him.” The Court added: “Taking this view of the subject, it appears to the court, that those who perform a part in the prosecution of the war may correctly be said to levy war and to commit treason under the constitution.” Let’s not obscure the meaning of the words, ‘levying war,’ by drawing a distinction between a formal Declaration of War and use of military force without formal Declaration. Article I, Section 8, Clause 11 of the U.S. Constitution makes clear that Congress has sole authority to declare war. Yet, not since World War II did Congress declare war against a foreign actor. Congress agreed to a President’s use of the armed forces since then with no Congressional declaration of war. George W. Bush set up a war on terror to be sure. We are in armed conflict with Islamic extremists.Disagreement among legal experts exists over whether a charge of treason can stick without a formal Congressional declaration of war against a foreign actor. But, “if a congressional authorization to use military force can authorize the President to detain enemy combatants absent a declaration of war, such authorizations surely must also satisfy the enemy requirement of the Treason Clause. In short, if a person can be treated as an enemy combatant without a declaration of war, it would make little sense for that same person not to be considered an enemy for the purposes of the Treason Clause.” Article: Did The Court Kill The Treason Charge?: Reassessing Cramer v. United States And Its Significance, 36 Fla. St. U. L. Rev., Paul T. Crane, Solicitor General of the United States, 2008-2009.American citizens who join forces with radical Islam have levied war against the United States. Federal prosecutors can charge those citizens with treason. Yet, in the last sixty years, federal prosecutors charged and prosecuted only two treason cases: the latest in 2006; the earlier one in 1952. Id.A federal grand jury indicted Azzam al-Amriki Gadahn aka “Azzam the American,” on charges of treason in 2006 for giving aid to al-Qaeda. “The indictment alleged that Gadahn, an American citizen, ‘knowingly adhered to an enemy of the United States, namely, al-Qaeda, and gave al-Qaeda aid and comfort, within the United States and elsewhere, with intent to betray the United States.’ This charge was based on Gadahn’s participation in several videotapes produced by al-Qaeda between October 2004 and September 2006, in which he appeared with al-Qaeda leaders Osama bin Laden and Ayman al-Zawahiri, espoused his support for the terrorist organization, praised the attacks of September 11th and the bombings in London and Madrid, and threatened future attacks against the United States. Notably, Gadahn was not in United States custody when the indictment was issued and currently remains at large.” Id. Fifty years earlier, federal prosecutors charged an American, Anthony Cramer, with treason. “The treason prosecution of Anthony Cramer has its roots in the infamous Nazi Saboteur Affair. In 1942, seven German soldiers traveled by submarine and secretly landed on the east coast of the United States with plans to destroy American industrial war facilities. The saboteurs were eventually caught, tried by military tribunal, and sentenced to either death or imprisonment. The Supreme Court denied the saboteurs’ habeas corpus petitions in Ex Parte Quirin. Anthony Cramer was not a saboteur but rather a friend of one.” Id. The lower federal Court convicted Cramer of treason. The U.S. Court of Appeals for the Second Circuit affirmed the conviction. Cramer appealed to the U.S. Supreme Court. The Supreme Court vacated the charge of treason.Still, “although the Court vacated Cramer’s conviction, the government did not let him go free. While treason charges could have been brought again, the two sides reached a plea agreement on a different charge. Cramer pled guilty to violating the Trading with the Enemy Act and was sentenced to six years in prison.” Id.Apart from “levying war” against the United States, a person also commits the crime of treason if that person gives aid and comfort to our Nation’s enemies. What does the phrase, ‘giving aid and comfort,’ mean? The U.S. Supreme Court explained what the phrase, ‘giving aid and comfort,’ means in the case, Kawakita vs. United States, 343 US 717 (1952), rehearing denied, 344 US 850 (1952). The phrase, “aid and comfort,” is broad. It refers to any act that strengthens the enemy, and at once weakens the power of the United States to resist or to attack its enemies. But there’s a “kicker.” To satisfy the element of the crime, the act must be overt. “One may think disloyal thoughts and have his heart on the side of the enemy. Yet if he commits no act giving aid and comfort to the enemy, he is not guilty of treason. He may on the other hand commit acts which do give aid and comfort to the enemy and yet not be guilty of treason, as for example where he acts impulsively with no intent to betray.” Kawakita vs. United States, 343 US 717 (1952). “To give aid and comfort to our Nation’s enemies requires an act and an intent to act a desire to betray our Country.” Id. Further, “two witnesses are required, not to the disloyal and treacherous intention, but to the same overt act.” Id.Treason is notoriously difficult to prove in Court even if legitimately prosecuted.This takes us to Part Three: the penultimate, but not ultimate question. Did Hillary Clinton, commit treason?
PART THREE OF FOUR PARTS
THE PENULTIMATE QUESTION
DID HILLARY CLINTON LEVY WAR AGAINST THE UNITED STATES OR OTHERWISE GIVE AID AND COMFORT TO OUR NATION’S ENEMIES?
DID HILLARY CLINTON COMMIT TREASON?
“And Joram said, Make ready. And his chariot was made ready. And Joram king of Israel and Ahaziah king of Judah went out, each in his chariot, and they went out against Jehu, and met him in the portion of Naboth the Jezreelite. And it came to pass, when Joram saw Jehu, that he said, ‘Is it peace, Jehu?’ And he answered, ‘What peace, so long as the whoredoms of thy mother Jezebel and her witchcrafts are so many?’ And Joram turned his hands, and fled, and said to Ahaziah, There is treachery, O Ahaziah.’ And Jehu drew a bow with his full strength, and smote Jehoram between his arms, and the arrow went out at his heart, and he sunk down in his chariot.” ~2 KINGS, CHAPTER 9:21—24, King James Version
WHEREFORE DOES TREACHERY EXIST? DOES IT EXIST IN THE PEOPLE WHO TOPPLE A TYRANT? OR, DOES IT EXIST IN THE USURPER WHO PROCLAIMS, ‘I AM NOW THE LAW OF THE LAND AND RULE BY DIVINE RIGHT! OBEY ME OR FALL, FOR SUCH TREACHERY THAT EXISTS IN THE LAND IS TREACHERY TO ME, ONLY. NO OTHER TREACHERY CAN THERE BE.’
If Hillary Clinton obtains the mantle of U.S. President, she will proclaim that an attack against her right to reign as U.S. President is an attack against the Nation and, so, constitutes treachery to Nation. She will shred the U.S. Constitution—the Supreme Law of the Land that proclaims rulership in the People, not in those who hold high public Office. For those who hold Office—however lofty that Office may be—are but servants of the People, nothing more. Yet, Hillary Clinton will usurp the power the People rightfully hold. She will proclaim that “She,” not “We, the People,” is the rightful and true Ruler of our Nation.Hillary Clinton will substitute the Constitution for the law “She” makes. Hillary Clinton will say that her law is right, and just, and good, and superior to our old Canons. That may happen. Don’t think it cannot. If so, a Tyrant will rise in our midst. This Tyrant will rise through deception, through deceit, through the connivance of the Press, and through the ignorance of the People.No Greater Horror can beset this Nation than to seat a Deceiver in the Oval Office.
ANALYSIS OF EVIDENCE OF CLINTON’S TREACHERY TO NATION
We look at a few specific assertions, referencing specific events that occurred when Clinton served as Secretary of State in the Obama Administration. We analyze these assertions to determine whether they adequately support a charge of treason. The first is this:“While Hillary Clinton was secretary of state, she supported a covert exchange of weapons to Libyan rebels, some of whom then conducted the Sept. 11, 2012 attacks on the American diplomatic compound in Benghazi.” See article in HGN. Under the Supreme Court’s treatment of treason this would not support a successful prosecution for treason because, even if true, the intent to betray the Nation—the guilty state of mind—is missing, or, at least, the state of mind cannot be gleaned from the aforesaid assertion.Nothing in the assertion, if true, suggests Clinton knew the Libyan rebels that she and Obama armed had planned to attack Americans. Even if Clinton suspected these Libyan rebels might turn those weapons on Americans, that presumption still does not support a charge of treason. For, treason, under our Constitution and under federal Statute, as interpreted by the U.S. Supreme Court, requires a specific state of mind—a specific intention, a specific guilty mind or mens rea, to harm our Nation—thus, satisfying the “knowingly adhering” to our Nation’s enemies requirement. Negligence, gross negligence, or even reckless disregard for the safety of Americans is, simply, not enough to support a charge of treason, much less sustain a conviction on treason. Did Clinton know or suspect the rebels she had armed posed a potential threat to our Nation and to its citizenry? Perhaps she did. But, that presumption, too, does not support a charge of treason, reprehensible though her actions be if Clinton recognized a potential threat to Americans, posed by the rebels she armed, and decided to arm them anyway. Did Clinton know, in advance, that the Libyan rebels she armed would, in fact, attack Americans at Benghazi, or, at least, did Clinton arm the rebels with the expectation and hope they would attack Americans? Both inferences are a considerable stretch on the basis of the mere assertion that Clinton had armed the rebels who did eventually carry out an attack on Americans. But, if this scenario were true, a charge of treason would stick. A prosecutor could then show intent—that Clinton had adhered to our Nation’s enemies—intent sufficient to support a charge of treason, necessary to secure a conviction. But, a prosecutor cannot legitimately draw either one of the two aforesaid inferences from the evidence given. Those inferences simply don’t follow logically, rationally, from the mere assertion that Clinton had armed Libyan rebels who did eventually carry out an attack on Americans in Benghazi. In point of fact the Obama Administration still provides weapons to so-called “moderate” Islamic rebels who, from one day to the next, may no longer be “moderate,” and who, thereafter may use our own weapons against us. Or, these “moderate” Islamic rebels may sell those weapons to “non-moderate” groups of Islamic rebels, that is to say, extremist Islamic rebel groups who, thereafter, use those weapons—our weapons—against us. Perhaps Clinton believed that the Libyan rebels she had armed were “moderate” Muslims, who posed no probable threat to Americans at the time she armed them, from what she knew about them; and that she could not, at that time, and did not, at that time, reasonably anticipate they would turn violent. She could make that claim and probably would make that claim in her defense were she tried for treason. The claim is plausible and difficult to controvert, if one buys into the notion that the term, 'moderate,' as applied to a Muslim rebel group makes sense.If Clinton did want Americans killed at Benghazi, we can only speculate as to a reason. Perhaps she sought to demoralize Americans—destabilizing our Country, weakening our resolve, making us malleable, so that she, on behalf of her wealthy, powerful, sordid benefactors, might reshape our Nation in a manner they wish--a reconfiguration that requires the destruction of our independence, and of our Constitution, and of our sovereignty—drawing us into the orbit of a one world governing body, a new world order. But these speculations would not support her conviction on treason.Was Clinton negligent in providing arms to these Libyan rebels? Sure. Again, the Obama Administration provides arms to Islamic groups across the Middle East. That's his policy. He does this all the time. Obama tells us his Administration supports arming only “moderate” rebel groups. But, the word, ‘moderate,’ is a dubious and fluid concept. President Obama uses it deviously to suggest such rebel Muslim groups are our friends. They aren’t. They have their own agenda. “Moderate” Muslim rebel groups turn on us regularly, constantly; and, within a Muslim rebel group, one faction may be "moderate" and another faction may be "hostile." Who can really say? These rebel groups, "moderate" or "hostile" do use our weapons against us. The Benghazi tragedy illustrates that point well. If the group Clinton armed were deemed, "moderate," at the time she armed that group, that Muslim rebel group certainly turned "hostile" once it took up arms--our own weapons--against us!Muslim rebel groups hate us. None, we can trust. That's the only safe bet. The appellation, ‘moderate,’ applied to some groups at any particular point in time is no more than a political nicety. Obama uses it for expediency, for propaganda purposes to deceive the American public. It means nothing. Our Nation should be circumspect in arming any Muslim rebel group. Rebel groups that seem friendly toward us one day or, at least, benign, can turn hostile toward us, the next, and do. We should not supply these groups with weapons they can turn against us, ever. Obama’s entire foreign policy is suspect. The policy is based on ill-formed goals. Military tactics and strategy in the Middle East change daily, even hourly. We, Americans, are caught up in an expensive and unending, seething maelstrom the Bush Administration--that of George W. Bush, not that of his father, George H. W. Bush--created through his ostensibly preemptive--actually, aggressive and premeditated--war in Iraq--a war the Obama Administration worsened through its tentative handling of the conflict.Hillary Clinton and Barack Obama have behaved negligently, at the very least, in the conduct of our Nation’s foreign policy. Their actions may support a claim of gross negligence. Their actions may even support both a claim of reckless indifference to the security of our Nation, and reckless indifference to the lives of our citizens. But, their policy formulations, endangering our Nation as they do, do not support a charge of treason, on the basis of negligent conduct, gross negligent conduct, or even reckless disregard for the safety and security of American lives they have a duty to protect. So a charge of treason against Clinton and Obama cannot rest on the specific act of having armed Libyan rebel groups that attacked and killed Americans, in the absence of evidence of specific intent on the part of Obama and Clinton--a deliberate desire to kill Americans through the act of arming Libyan rebel groups.Did Clinton fail to provide adequate military support to State Department personnel in Libya after our Ambassador made several requests for protection? If so, does that support a charge of treason?Some commentators point to Clinton’s failure to provide adequate military support to State Department personnel in Libya after our Ambassador made several requests for protection. See Politifact article.Although reprehensible, that assertion, too, if true, does not support a charge of treason. Once again, on its face that assertion shows negligence, gross negligence, or even reckless disregard for the safety and security of Americans. That assertion doesn’t entail a clear, irrefutable intention, on Clinton’s part, and, by implication, on Obama’s part, to kill Americans. So, that fact does not support a charge of treason. Did Hillary Clinton and Barack Obama refuse to send troops to protect our people once the attack against Americans in Benghazi was underway? Does that fact support a charge of treason against Clinton and Obama?The tacit premise here is that Clinton and Obama were aware that an attack against our people was occurring, and they deliberately told our military to “stand down.” If true, would this might support a prima facie case of treason against Hillary Clinton and against the President Obama? One thing is clear. If federal or special prosecutors charge Clinton with treason, they should charge Obama too. For, they operated in concert. So, Obama has a clear vested interest in having Clinton succeed him. He faces more than loss of his legacy—poor as it is—if Clinton is defeated in this Presidential election. For, if prosecutors charge Hillary Clinton with treason, they will charge Barack Obama with treason, too. Their actions in the Middle East are inextricably linked.Let’s suppose that Clinton and Obama had knowledge of the Benghazi attack in real time, while it was unfolding, and that they did nothing to protect Americans. Still, federal prosecutors would have a difficult time prosecuting the case against Clinton and Obama to a successful conclusion. The reason is that the legal issue here is one here of first impression: “Does the omission to act, where a legal duty to act exists, constitute an overt act, sufficient to support a charge of treason?” Remember, treason, according to U.S. Supreme Court decisional law, requires an overt act of betrayal to the Nation.Federal prosecutors must prove that Obama and Clinton knew Americans were under attack and intentionally did not provide military assistance to those Americans. But, even in this scenario, conviction on treason is, at best, uncertain.In their defense, Obama and Clinton would argue they did not know of the attack on Americans at Benghazi as it was unfolding in real time. If true, a treason charge would collapse. If false, then failing to send troops to protect our Ambassador and his staff does amount to an “omission to act” where there is a clear duty to act. There’s no question about it. But, then, the follow-up question is this: does a failure to act amount to an overt act of betrayal to Nation? Are the two equivalents? It may seem so, and but this is not a legal certainty, distasteful though such omission to act is to our conscience. Obama and Clinton would claim that failure to act—even where duty demands they act—does not mean they gave direct aid and comfort to our enemies. Is an act of omission equivalent to an act of commission, under the law of treason? That’s unclear. How would a court of competent jurisdiction decide that question? We don’t know. What we do know is that: “The Constitution has left no room for constructive treason and Congress could not and has no undertaken to restrict or enlarge the constitutional definition.” Stephan v United States, 133 F2d 87 (CA6 Mich 1943), certiorari denied, 318 US 781, 87 L Ed 1148, 63 S Ct 858 (1943), rehearing denied, 319 US 783, 87 L Ed 1727, 63 S Ct 1172 (1943). This raises hairy logical, linguistic, and legal issues concerning the meaning of "constructive knowledge" and "actual knowledge" and "constructive intent to commit a crime" and "actual intent to commit a crime."Evidence exists, according to The Daily Caller, that the Clinton Foundation received money from Arab Countries, namely and specifically, Saudi Arabia and Qatar, that are giving financial and logistical support to extremist Sunni groups, including "Islamic State." If true does that support a treason charge against Clinton? Once again, the critical question goes to whether Hillary Clinton has given aid and comfort to our Nation's enemies. Islamic State and other extremist groups definitely are our Nation's enemies. If Hillary Clinton accepted money from Nations with knowledge that these Countries were supporting the Nation's enemies, like Islamic State, that fact, although, despicable, probably doesn't support a charge of treason, for she is receiving support--money--from Saudi Arabia and Qatar. She isn't giving money to those Countries with the intent that such money be used on behalf of Islamic State and other such extremist groups. She is taking money from Countries that are construed as allies or, at least, as benign. That is to say, that, while Saudi Arabia and Qatar may be actively supporting our Nation's enemies, Saudi Arabia and Qatar are not, they themselves, are not treated as enemies of the United States. But, reasonably, they should be so treated. The fact that Clinton does receive illicit monies from Countries, like Saudi Arabia and Qatar, does show that Clinton doesn't give a damn about the welfare of our Country and its citizenry so long as her Foundation is making a profit. That fact, alone, also makes abundantly clear that Hillary Clinton is hardly a person to be entrusted with our Nation's secrets; and she is hardly the person to be entrusted with designing foreign policy for our Nation; and she is hardly the person to be entrusted with protecting the security of our Nation. But, does that fact alone--receiving money from Nations who do assist our enemies--support a charge of treason against Clinton. Probably not. But, give Hillary Clinton time and rest assured she will weaken this Country's defenses as she cares not for the well-being of our Nation. She cares not for the preservation of our Bill of Rights. She cares not for the safety and security of our Nation's citizenry.So, where does all this leave us? If solid evidence to support Clinton’s indictment on treason exists—and, hence, evidence, by logical extension, to support Obama’s indictment of treason, too—that evidence lies buried in the bowels of Government. The Justice Department may in fact have that evidence. The American public, unfortunately, does not. But, if a charge of treason can’t feasibly stick against Hillary Clinton and Barack Obama, that doesn’t end the matter. We have terrorism Statutes. We ask: Can a charge of terrorism be brought against them? To our knowledge, no one has considered this. We do. The question is not beyond the pale. We take it up in Part Four.
PART FOUR OF FOUR PARTS
THE ULTIMATE QUESTION
IS HILLARY CLINTON A TERRORIST?
WHAT MONSTERS HAVE WE AWAKENED THAT DARE THREATEN THE EQUANIMITY OF OUR PEOPLE AND THE SOVEREIGNTY OF OUR NATION?
“It is absolutely necessary, for the peace and safety of mankind, that some of earth’s dark, dead corners and unplumbed depths be let alone; lest sleeping abnormalities wake to resurgent life, and blasphemously surviving nightmares squirm and splash out of their black lairs to newer and wider conquests.” ~H. P. Lovecraft (At the Mountains of Madness, 24 February to 22 March 1931)
CAN WE NOT CHARGE HIGH PUBLIC OFFICIALS WITH TERRORISM WHEN THEIR POLICIES ENDANGER: THE SECURITY OF THE NATION; THE SAFETY AND WELL-BEING OF THE CITIZENRY; THE STABILITY OF THE SOCIAL ORDER; AND THE PRESERVATION OF OUR INSTITUTIONS AND OUR WAY OF LIFE?
A plethora of federal terrorism statutes exist today. Prosecutors could charge Muslim Extremists who commit acts of terrorism here with treason. We have seen many Islamic extremist attacks against Americans, stretching back to the 1970s.Many of these criminal acts fall under the category of treason. But the perpetrators are charged under other criminal statutes. These include the crime of Terrorism, codified in law in 2001, with passage of the Patriot Act. The Nation’s “Terrorism” statutes fall under 18 U.S.C. §§ 2331 et. seq.Might not prosecutors bring a charge of terrorism against Hillary Clinton and Barack Obama? Neither President George W. Bush nor Congress intended these Statutes to apply to high Government Officials. The idea of applying our terrorism laws against the U.S. President or Cabinet level officials under one or more terrorism charges is, admittedly, singularly odd, incongruous, and bizarre. After all, we expect the U.S. President and his Cabinet to protect the Nation and its citizenry from terrorism, not to lend their power and authority to terrorism’s promotion. How might federal prosecutors apply terrorism statutes to our own Government officials? Under what set of facts or under what circumstances might federal prosecutors indict high Government officials on a charge of terrorism? Let’s take a look at one of the Terrorism Statutes. 18 U.S.C. § 2331 says in part, “The term ‘international terrorism’ means activities that—(A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;(B) appear to be intended—(i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; or(iii) to affect the conduct of a government by mass destruction, assassination or kidnapping; and(C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum;(2) the term ‘national of the United States’ has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act;(3) the term ‘person’ means any individual or entity capable of holding a legal or beneficial interest in property;(4) the term ‘act of war’ means any act occurring in the course of—(A) declared war;(B) armed conflict, whether or not war has been declared, between two or more nations; or(C) armed conflict between military forces of any origin; and(5) the term ‘domestic terrorism’ means activities that—(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;(B) appear to be intended—(i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; or(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and(C) occur primarily within the territorial jurisdiction of the United States.”This Nation is fully capable of containing the criminal actions of individual Islamic extremists who seek to disrupt the lives of our citizenry and the tranquility of our Nation. Horrible as such criminal conduct is, its impact on the foundation of our Country’s laws, our Country’s Constitution, and our Country’s institutions is nonetheless, narrow.A U.S. Government Official’s terrorist acts, though, disrupt the foundation of our Republic. We see a paradox in this. The public presumes that domestic and foreign policy objectives mandate, inter alia, combating Islamic terrorism. But, suppose policy objectives promote the converse? Suppose the U.S. President and his Cabinet design and implement policies destructive to the Nation’s survival? If the policy threatens or intimidates the citizenry, then the President and his Cabinet are the terrorists. This may seem incongruous, but the possibility exists.18 U.S.C. § 2331 discusses terrorism apropos of actions of those on Government, of those affecting the conduct of Government. But, officials of Government, from the highest to the lowest, are servants of the People. True power and authority rests in the American people not in Government. So, if Government officials design and implement policies deliberately causing harm to or provoking harm in the citizenry, those officials are terrorists and they do fall under the purview of the terrorism laws. Through sanctimonious words and pseudo moral imperatives the President, Barack Obama, and his hopeful replacement, Hillary Clinton, implement policies detrimental to, anathema to the well-being of the Nation. They conduct their treacherous acts through the sanctity of the Office of the Chief Executive. That makes their treachery easier to hide. But the horror these reprehensible creatures unleash on our Country is far greater than any horror one or more loathsome Islamic terrorists desire to unleash upon us, and more insidious, too, since public officials can hide their evil deeds in the cloak of their Office. Radical Islamic terrorists cannot. Obama and Clinton turn the inviolability of high public office into a travesty, into an abomination.Consider: by implementing policy bringing hundreds of thousands of Muslims into this Country whom the F.B.I. and other counterintelligence officials cannot reasonably examine for potential threat to our Nation and to our citizenry, the U.S. President, Barack Obama, has endangered the American citizenry. Once here, they spread like locust over the landscape of our Country. They are difficult to locate; difficult to keep track of. Far better it would be to keep them from crossing our borders. Problematic enough it is to have to deal with illegal infiltration by Islamic extremists into our Country were our borders closed to Muslims. It is quite another matter where Presidential edict allows infiltration easily through lax immigration policies or policies specifically designed to contravene immigration laws enacted by Congress. Obama has permitted tens of thousands of Muslims from the Middle East to enter our Country—notwithstanding the problems Muslim refugees have caused for Europe. Clinton intends to allow hundreds of thousands more Muslims to enter our Country. That is insane.Hillary Clinton intends to continue Obama’s policy if she becomes President. She has admitted as much. Indeed, she revels in it. Both Clinton and Obama hide their goal—undermining the stability of our institutions and threatening the social order.Their policy doesn’t stand rational scrutiny, even as it is cloaked in high-sounding moral rhetoric. For, their domestic policy threatens the safety and well-being of the American citizenry. Such policy is, arguably, an act of terrorism perpetrated against the American citizenry. They mask their treacherous aims under the color of high Office, under the cloak of moral necessity, and under the guise of bald exigency. They are safe from potential harm their seemingly high-minded policies cause. The average American is not. Europeans have learned well the dangers posed by Muslims. What is the response of Obama and Clinton? Americans are expected to take upon themselves the same dangers that Europeans face. It is the right thing to do, so Obama and Clinton say. Application of the dubious ethical scheme of Consequential utilitarianism supersedes the duty owed to our Nation under our Constitution. Terrorism indeed, swathed in an infant’s soft blanket.
CONCLUSION; IMPORTANT REITERATION
Barack Obama’s destructive Administration is rapidly drawing to a close. Our Nation’s Constitution, its institutions, and our security have survived relatively intact. If Hillary Clinton succeeds Obama, our Nation will not survive. She will dismantle our Bill of Rights. She will destroy our economy. She will endanger our citizenry. Clinton will subordinate our laws and jurisprudence to that of other Nations and international tribunals. She will misuse our military, financing unwinnable wars with our tax dollars, sacrificing the lives of our soldiers on military campaigns and escapades that have nothing to do with defending our freedoms or preserving our National Security. Clinton will engage in Nation building, while dismantling our own Nation. She will distribute hundreds of billions of dollars to other Countries, underwriting their debt and serving their needs, while destroying the credit of our own Country and ignoring our Nation’s needs. Clinton will rewrite our Nation’s history. She will thrust alien ideas of culture, morality, religion, and into the Nation’s psyche. Clinton will undermine our National Sovereignty, our National pride our uniqueness. She will compel uniformity in thought and deed. Hillary Clinton will become the Imperial Presidency.Hillary Clinton does not have the best interests of our Nation at heart. She never did. She never will. Hillary Clinton and her family prove, through their deeds, that they serve only their own personal, selfish interests and those of their secretive benefactors both in this Country and abroad. Hillary Clinton’s needs are not our Nation’s needs. Clinton’s desires and goals are not our Nation’s desires and goals. She used the Department of State as a vehicle to amass personal wealth. She will use the Office of the U.S. Presidency in the same way, dispensing ever more favors to those willing to fill her personal coffers. The fate of our Country rests in the balance.This Nation has had enough of the Clintons and of all other family dynasties. Hopefully, the American People will see through the mask of this Viper, Hillary Clinton, before it is too late. Americans must refrain from voting for Clinton. The fate of our Country rests in the balance.
[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2016 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
DEMOCRATS AND CENTRIST REPUBLICANS ARE THE PROBLEM. THERE IS A SOLUTION: IMMEDIATE ENACTMENT OF H.R. 5271
THE TIME TO DEAL WITH HILLARY CLINTON IS BEFORE SHE ENTERS THE OVAL OFFICE; NOT AFTER, FOR, BY THEN, IT WILL BE TOO LATE, BOTH FOR CONGRESS AND FOR US, THE AMERICAN PEOPLE. INDICTING AND PROSECUTING HILLARY RODHAM CLINTON NOW FOR HER SERIOUS CRIMINAL MISCONDUCT WILL MAKE IT LOGICALLY IMPOSSIBILE FOR CLINTON TO SECURE THE U.S. PRESIDENCY BECAUSE SHE WILL HAVE TO FORFEIT THE NOMINATION EVEN AS SHE INSISTS THAT HER NAME REMAIN ON THE BALLOT. THE DEMOCRATIC PARTY COULD NOT, IN GOOD CONSCIENCE, ALLOW HILLARY CLINTON TO REMAIN AS THE DEMOCRATIC PARTY CANDIDATE FOR THE U.S. PRESIDENCY IF SHE WERE INDICTED AND PROSECUTED ON FELONY CHARGES--CHARGES THAT WOULD ALMOST CERTAINLY RESULT IN CONVICTION AND THEREAFTER INCARCERATION IN FEDERAL PRISON TO SERVE TIME--MANY YEARS TIME--FOR HER CRIMES AGAINST THE NATION AND THE AMERICAN PEOPLE.
PART ONE
“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, OUR COUNTRY’S CONSTITUTION, AND OUR COUNTRY'S INSTITUTIONS? IF SO, WHAT MOTIVATES CONGRESS? WHAT IS THE CAUSE OF OR FOR ITS INACTION? IS IT SIMPLY TIMIDITY—IS CONGRESS AFRAID TO TAKE ACTION? OR, IS IT TEMERITY—IS CONGRESS RECKLESSLY INDIFFERENT TO THE DANGER POSED BY HILLARY CLINTON? OR, WORST OF ALL, IS IT CONSANGUINITY--IS CONGRESS, IN FACT, OF THE "SAME BLOOD" AS CLINTON--NEITHER TIMOROUS, NOR TEMERITOUS, AS THE CASE MAY BE, BUT CONSANGUINEOUS--SHARING AN INCESTUOUS POLITICAL KINSHIP WITH CLINTON, WORKING QUIETLY, SURREPTICIOUSLY, IN THE BACKGROUND, IN THE SHADOWS, TO ASSIST THE ASCENT OF A MONSTER TO THE WHITE HOUSE? WHETHER IT IS THIS, THAT, OR THE OTHER, WE, AMERICANS, LOSE OUR COUNTRY, OUR CONSTITUTION, OUR INSTITUTIONS, OUR HERITAGE, OUR VERY IDENTITY AS A UNIQUE PEOPLE. FOR CONGRESS WILL HAVE SHOWN IT HAS CONDONED AND PARDONED CLINTON'S CRIMES AND WILL HAVE, AS WELL, LAID THE FOUNDATION FOR A MONSTER TO COMMIT YET FURTHER CRIMES AGAINST THIS NATION, AGAINST ITS PEOPLE, AGAINST THE NATION'S CONSTITUTION AND SYSTEM OF LAWS, AND AGAINST ITS INSTITUTIONS. OUR NATION'S FIRST BRANCH OF GOVERNMENT, CONGRESS, WILL HAVE, THROUGH ITS ACTION OR INACTION, ABETTED THOSE WHO HAVE MURDERED OUR NATION, MURDERED ITS PEOPLE, MURDERED ITS CONSTITUTION AND LEGAL SYSTEM, MURDERED ITS INSTITUTIONS--ALL THE HORRORS IMAGINABLE AND MANY HORRORS UNIMAGINABLE, HAVING PLACED A MONSTER IN A POSITION WHERE ITS BOUNDLESS BLOOD LUST--UNCHECKED--WILL BE UNLEASHED TO FULL EFFECT.
Hillary Rodham Clinton is a criminal--a criminal of the worst sort--less so a person, she has become a creature--one that has betrayed its Nation. This creature has betrayed its Nation many times over--would do so many more times in the future, if given the chance. Of that, no doubt exists. But few in Congress care to prevent this creature's rise, its ascendancy to the U.S. Presidency--the ultimate horror, the ultimate travesty ever to face the American people, as a Nation.Clinton has committed serious federal crimes, felonies. Three we know of: mishandling classified government information, lying to federal investigators; public corruption in high Office. 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. 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., member of the Wall Street Journal Editorial Board, 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._______________________________________
WHAT HAS HAPPENED TO CONGRESSIONAL OVERSIGHT OF THE EXECUTIVE BRANCH? DEMOCRATS AND CENTRIST REPUBLICANS REFUSE TO ENACT H.R. 5271! THEY ALL NEED TO BE HELD ACCOUNTABLE UNDER OUR LAWS.
PART TWO
The Ethics in Government Act of 1978 created the independent counsel position. The Act ensured ethics and integrity in Government when the U.S. Department of Justice failed us.The Ethics in Government Act of 1978 had a built-in sunset provision. It would lapse at the end of five years unless reauthorized by Congress.Congress reauthorized the Act in 1982, 1987, and 1994. But the law lapsed in 1999 after Congress, under pressure from both Bill Clinton’s Administration and the Democratic Party, allowed it to lapse. Fifteen plus years passed, and then two Congressmen, Republicans, Michael Turner and Rick Allen, sought to revitalize ethics and integrity in Government. They introduced the Independent Counsel Reauthorization Act of 2016, H.R. 5271, on May 20, 2016. What happened to the Act? The Arbalest Quarrel tried to find out. See our article of August 27, 2016, titled, “The Foundation of Justice Undone By The Foundation, Clinton.” We haven’t heard a word. Apparently, the Act languishes in Committee. Republicans, no less so than Democrats, have no interest in mandating integrity in Government. The result: Hillary Clinton, a person who shouldn’t run for any elected Office may become the 45th President of the United States.It defies belief that any rational human being would support Hillary Clinton’s candidacy for U.S. President. It is absurd she could be the next U.S. President. Clinton’s ascent to the Presidency makes a mockery of that Office, and of our Country; and of our Constitution, and of our system of laws. Clinton will shred the Constitution. The shredding of our Constitution will begin with loss of our sacred Second Amendment.Gangsters preside over our Executive Branch. Congress must act against the treachery that seeks to destroy our Country from within. Congress must enact the Independent Counsel Reauthorization Act of 2016. They must do so immediately. Understand: We are witnessing a coup d'état of our Government. It’s not occurring noisily, through a military seizure of Government, but quietly, insidiously, by elements that lurk in the shadows. We must fight this despicable effort to wrest control of Government from the People.You must help us. You must do so for the good of our Country, its Constitution, and its People. And, you can help. Please read, the “Take Action Notice,” below._________________________________
IMPORTANT TAKE ACTION NOTICE
You can make a real difference for Donald Trump and deliver a knock-out blow to Hillary Clinton’s bid for the U.S. Presidency.Hillary Clinton has committed many serious crimes against the U.S. and has avoided justice due to widespread corruption in the Obama Administration. Too little has been said about this by the mainstream media and nothing has been done by Republican Centrists and Democrats in Congress to bring her to justice. But it’s not too late if we act now!We must prevent a travesty of justice. An independent special prosecutor to properly investigate Clinton’s crimes would have an immediate impact on her election campaign. It would literally stop her in her tracks and plug-the-hole on her campaign. Thereafter, a special prosecutor could investigate others who have conspired to wrest control of the United States Government from the People of the United States, by placing a criminal in the Office of the U.S. Presidency.But, Congress must enact a law enabling appointment of independent counsel.Draft legislation exists. It is H.R. 5271: the Independent Counsel Reauthorization Act of 2016. Congressmen Rick Allen and Michael Turner sponsored H.R. 5271. But it apparently rests dormant in Committee. This draft legislation must be debated and voted on by the full House, in full view of the American Public, and this must take place without further delay.The American People must know whether Government still reflects the will of the People. Congress cannot sit idly by. But, at the moment, it looks like Congress is doing just that. Congress is sheepishly allowing the Government to be wrested from control of the People.Don’t let Congress off the hook! Each member of Congress must take a stand.If you sincerely care about the direction our Nation is seek to hold onto your rights and liberties, you must act to compel Congress to act.What is required is easy and won’t take more than a minute of your time.Here’s what you need to do:Call and/or email your U.S. Senators and your U.S. Representative. Tell them to call for an emergency session to enact H.R. 5271 and bring back ethics in government. Let them know you will not vote for them if they do not support this bill.The number to call is: (202) 224-3121. A recording at the U.S. Capitol Office will ask you for your State and zip code. It will then ask you to press #1 for your U.S. Senator and/or #2 for your U.S. Representative. Within seconds you will be connected to a staff assistant.To email go to: www.house.gov and follow the instructions.You can also follow-up by contacting Ammoland Shooting Sport News at www.ammoland.com and leave a comment.Remember, the choice is yours. You can do nothing and pay the consequences of your inaction or you can do your part and make a difference; a big difference! We, at the Arbalest Quarrel, are doing our part to ensure a “Trump” victory and are counting on you to do the same![separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2016 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
ONE MAN, JAMES B. COMEY, DIRECTOR OF THE F.B.I., COULD HAVE PREVENTED THE VERY POSSIBILITY OF SEATING A LIKELY CRIMINAL IN THE WHITE HOUSE; HE FAILED THE AMERICAN PEOPLE
The F.B.I. director, James B. Comey, is Hillary Clinton's best enabler and as that enabler, who would suffer her evil, he forsakes and abandons not only his own good character, but the well-being of a nation.
PART ONE OF TWO PARTS
“. . . you never exactly lie, but often you don’t exactly not lie, either. You tell people only what you want them to know, and not a word more or less, and let them make of it what they will.” ~Taylor Caldwell, Captains And The Kings, Part Two, Chapter 5, page 497, Doubleday & Company, Inc. (1972)
FIRST HYPOTHESIS: A MAN OF GOOD CHARACTER AND REPUTATION, BUT ONE WHO WIELDS LITTLE TO NO POWER AND WHO FALLS PREY TO CORRUPTING INFLUENCES OR WHO OTHERWISE FINDS HIMSELF COMPROMISED, BRINGS DISHONOR TO HIMSELF, TRULY; BUT SUCH A MAN HARMS ONLY HIMSELF. HE HAS LITTLE CAPACITY FOR HARMING HIS HOUSE—AN ENTIRE NATION.
SECOND HYPOTHESIS: A MAN OF GOOD CHARACTER AND REPUTATION BUT ONE WHO HAPPENS TO WIELD CONSIDERABLE POWER, AS WELL, HAS TREMENDOUS POWER TO PERSUADE. AND, IF THAT MAN SHOULD HAPPEN TO FALL PREY TO CORRUPTING INFLUENCES OR, IF THAT MAN SHOULD OTHERWISE FIND HIMSELF COMPROMISED, DISHONOR BEFALLS NOT ONLY HIMSELF BUT HIS HOUSE AND CAN, MOST ASSUREDLY, WITH HIS WORDS —HIS HALF-TRUTHS, HIS EVASIONS, HIS LIES—CONTRIBUTE TO THE DOWNFALL OF HIS HOUSE—AN ENTIRE NATION.
On Wednesday, September 28, 2016, the House Judiciary Committee held a second oversight Hearing on FBI operations.The Committee called on the F.B.I. Director, James B. Comey, once again, to appear and to testify on behalf of the Bureau. House Democrats tried, however unsuccessfully and certainly inappropriately, to steer the Hearing toward irrelevant policy matters, several of which were clearly outside the purview of the Bureau and outside the true purpose of the Hearing. But House Republicans were, fortunately, not persuaded to follow suit and kept the Hearing on target. They focused their attention on the critical matter at hand: the conduct of the F.B.I. in undertaking its criminal investigation of Hillary Clinton and her underlings.House Republicans grilled Comey on the F.B.I.’s mishandling of its investigation into Hillary Clinton’s own mishandling of classified federal Government information during her tenure as Secretary of State in the Obama Administration. Comey was, as always, perspicacious, articulate, respectful toward Congress, candid, and ostensibly sincere, rarely showing irritation. He was also cautious, attentive, intransigent, keenly observant, and adamant. He wouldn’t budge on his decision not to recommend, to the Attorney General, Loretta Lynch, indictment of Hillary Clinton on multiple federal felony charges. In Comey’s estimation, as he declared to the House Judiciary Committee, neither Hillary Clinton nor her underlings merit indictment under federal statute.Comey’s protestations are both weak and at times patently ludicrous, in light of, one, the weight of evidence screaming for indictment of Clinton—evidence Comey had himself reported in his July 5, 2016 statement to the American People; and in light, two, of the mass of inconsistencies House Republicans brought to the Director’s attention, concerning the conduct of Clinton’s cronies during the course of the F.B.I.’s criminal investigation and, too, the odd manner in which the F.B.I. conducted several of its interviews—a matter which House Republicans also brought to the F.B.I. Director’s attention.During the course of the Hearing, one inescapable and very disturbing inference, as voiced by one Republican member of the panel, could not but be drawn. It was this: the decision to let Clinton and her underlings off the hook—whosoever it was who made it—must have been decided well before the F.B.I. criminal investigation into violations of federal law had concluded—in fact, perhaps, before the criminal investigation even began. The unstated presumption, implied by the inference, is that the entire criminal investigation was an elaborate and extremely expensive but ultimately vacuous performance, predicated on necessity, no doubt and, so, definitely no hoax, for serious misconduct by the Secretary of State, Hillary Clinton, and by her underlings, did exist, and serious crimes had been, on balance, committed—but such probability of crimes the F.B.I. found were never meant to be prosecuted. Someone or some powerful vested interests here or abroad made certain that would not happen.The painful realization is that the F.B.I. has allowed Hillary Clinton and her toadies to avoid criminal prosecution for serious crimes against the Country, against this Country’s Constitution, and against this Country’s citizenry. Americans may one day—assuming this Country, as an independent Sovereign Nation still exists—bring the U.S. Department of Justice itself to account for shirking its most sacred duties to God, Country, People, and Law.
WHAT COMEY’S DECISION HAS WROUGHT FOR THE AMERICAN PEOPLE
Through the failure of the F.B.I. Director, James B. Comey, to recommend indictment of both Hillary Clinton and her cronies on felony charges and through the failure of the Attorney General, Loretta Lynch, to charge Hillary Clinton and her cronies with multiple felony counts, the Justice Department has laid the groundwork for placing the most despicable—and, let us say, to use one of Clinton’s own words, deplorable—person ever to hold public office in the highest Office of the Land—a selfish person, an amoral person, a person loathsomely consumed by the naked lust for power, rabidly consumed by the lurid desire for personal aggrandizement, and ravenously consumed by the noxious need to accumulate vast sums of money, ignominiously, through the sale of high public Office; a person who has clearly broken our Nation’s laws, has broken many of them, and has broken them many times over, and has urged and encouraged others to do so as well; a person who cares not one whit for the honor of our Country; or for our Constitution; or for our Country’s laws; or for our sacred rights and liberties—those sacred rights and liberties hard fought for by the founders of our Nation; or for our Countrymen, many of whom have sacrificed their life that we may remain a free People and a free, sovereign Nation.If Clinton wins the election both she and her cronies will have carte blanche to complete what Clinton, as Secretary of State, had begun: destruction of this Country’s laws, its Sovereignty, its economy, its culture, its heritage, its security, the rights and liberties of its citizenry—indeed, everything upon which this once mighty Nation once stood for and represented.At the September 28, 2016, Congressional Hearing, House Republicans once again asked the F.B.I. Director, lamely, to reopen its investigation into Hillary Clinton’s misconduct and those of her underlings. Comey again refused to do so; nor would he be willing to look into his Bureau’s own mishandling of the investigation.Congress is, as well, apparently unwilling to allow the Independent Counsel Reauthorization Act of 2014 out of Committee. Doing so would circumvent a recalcitrant Justice Department, reluctant to enforce our Nation’s laws.The Independent Counsel Reauthorization Act of 2014 requires the appointment of outside, independent counsel to investigate serious crimes of high public officials when the Department of Justice is unable or unwilling to uphold the laws of this Nation. Congress and the Courts take over the duty of seeing that justice is served when the Executive Branch is unable or unwilling to police itself through the U.S. Department of Justice. The failure of Congress to allow open debate and a full House vote on the Independent Counsel Reauthorization Act of 2014, means that many members of Congress, as with the Executive Branch of the federal Government, are not too keen on embracing integrity in Government. Integrity does not, apparently, rank very high in importance in the conduct of our Nation’s business.The Arbalest Quarrel has previously discussed the need for appointment of independent counsel to reinvestigate Hillary Clinton’s misconduct during her tenure as Secretary of State and has written to the sponsors of the bill, Representatives Michael Turner and Rick Allen, urging them to act. The Arbalest Quarrel Article is titled, "The Foundation of Justice undone by the Foundation, Clinton." To date we have heard not a word about action on the bill. The silence is deafening.Apparently, Congress has neither the will nor the fortitude to compel integrity in the federal Government. Is this not an act of betrayal against the Country and the American People?Clearly, there is blame aplenty to go around, but what does it take to shame the Government to act at the behest of the People to prevent the calamity of a likely criminal, Hillary Rodham Clinton, seated in the White House?_____________________________________
IS HILLARY CLINTON, LIKE THE BIG BANKS, TOO BIG TO PROSECUTE, EVEN IF—ESPECIALLY IF—HER MISCONDUCT RISES TO THE LEVEL OF TREASON?
PART TWO OF TWO PARTS
“He said to himself—though not without a dim inner protest: We are our own destiny. If we are victims at all, or conquerors, we have done it in our minds, and our will, or with our faulty judgments or our illusions. If we permit others to exploit us, in private life or in government, we chose it. Or we made the fatal error of acquiescence, and for that we should be condemned. The world forgives everything but weakness and submission. It forgives everyone but a victim. For there is always battle, even if you die in it. In any event death comes to all men. How you died was your own choice, fighting or submitting.” ~Taylor Caldwell, Captains And The Kings, Part One, Chapter 17, page 178, Doubleday & Company, Inc. (1972)
APART FROM SUBSTANTIVE AND SUBSTANTIAL EVIDENCE OF FELONY CRIMES INVOLVING, ONE, THE MISHANDLING OF CLASSIFIED INFORMATION, TWO, CORRUPTION AND BRIBERY IN HIGH PUBLIC OFFICE, AND, THREE, INTENTIONALLY LYING TO OFFICIALS OF GOVERNMENT UNDERTAKING A LEGITIMATE INVESTIGATION INTO CRIMINAL ACTIVITY, DID HILLARY RODHAM CLINTON, AS SECRETARY OF STATE, ENGAGE IN ANY CONDUCT THAT RISES TO THE LEVEL OF OUTRIGHT TREASON? IF NOT, DOES THE TOTALITY OF CLINTON’S MISCONDUCT AS SECRETARY OF STATE SUPPORT A CHARGE OF TREASON?
To answer these questions we should first take a look at the history of “treason.” We need to place the crime of “treason” in historical context. We can trace the notion of ‘treason’ to English law. An Eminent English Jurist of the Eighteenth Century, Sir William Blackstone “wrote that treason ‘imports a betraying, treachery, or breach of faith.’ Blackstone further noted that treason against the sovereign—termed ‘high treason’—amounts to the ‘highest civil crime.’” “State Treason: The History and Validity of Treason Against Individual States," J. Taylor McConkie, Brigham Young University, B.A.; Georgetown University Law Center, J.D. Trial Attorney, United States Department of Justice, Civil Division, 101 Ky. L.J. 281, 283 (2012/2013).Although U.S. law takes its cue from English law, the betrayal against the Sovereign that Blackstone talks about is betrayal against the Monarch, the King of England. Of course, the U.S. does not have a Monarch although one might argue that, in effect, we do have a Monarch. But, even as the U.S. President has, in evident ways in recent years, assumed ever more power unto himself, still, under our Constitution and our system of laws, it is the American people in whom sovereignty ultimately resides. The People of the United States as a singular body are essentially the Country. An act of betrayal against Country is, then, an act of betrayal against the People of the United States in whom ultimate power exists under our system of laws and under our Constitution.
CAN A CHARGE OF TREASON BE LEVELLED AGAINST THE HIGHEST OFFICIAL IN THE LAND?
Where power to make laws, enforce laws, and interpret laws rests in a Monarch—that power is absolute. A subject of the Sovereign can betray the Sovereign and thereby commit treason. But, the Sovereign cannot betray himself if he is the Supreme Law of the Land.In the United States, though, the U.S. President, as a citizen of the United States, is not a law unto himself—certainly not if our Constitution has any force and efficacy.Yet some U.S. Presidents have, in their deeds, if not in their words, ascribed such power to themselves. If betrayal, treachery, or breach of faith to Country is, in essence, as William Blackstone said, the sine qua non of “treason,” what specific conduct of an actor rises to the level of betrayal, treachery, or breach of faith to Country?
THE LAWS OF TREASON IN AMERICA
The crime of treason appears in two significant places. First and foremost, the crime of treason appears in the United States Constitution. Article III, Section 3, Clauses 1 and 2 set forth:“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.""The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.”Of note, the President of the United States, and other high-ranking officers are not exempt from a charge of treason levelled against them as it relates to their betrayal of the American People while in Office. The U.S. Constitution makes specific provision for this betrayal. Article II, Section 4 of the U.S. Constitution sets forth, “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.”The crime of treason is also codified in federal Statute. You will find the crime of treason in the United States Code: Title 18, “Crimes and Criminal Procedure:” “Part I, “Crimes;” “Chapter 115, “Treason, Sedition, and Subversive Activities.” 18 U.S.C. § 2381, titled, clearly, plainly, and succinctly, “Treason,” sets forth: “Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.”
TAKE NOTE OF TWO IMPORTANT POINTS IN THE ABOVE ACCOUNT OF TREASON AS CODIFIED IN OUR CONSTITUTION AND IN OUR STATUTES
One, the founders of our Republic felt that the crime of treason was so horrific that they made specific provision for it in the U.S. Constitution, specifically warning the highest public officials in the Land, that they, no less than any ordinary citizen, are not above the law and that they may be charged with the crime of treason if their actions ever betray their duties to Country, to the citizens of the Nation, and to the Constitution whom they are sworn to serve.Two, concomitant with and consistent with the Constitutional provision, the federal statute clarifies the Constitutional prohibition and is, to our knowledge, the only federal Statute that specifically, directly, and unequivocally, within a few words of mentioning the crime, calls for the possibility of death for those individuals who are convicted of it. Thus, Congress made abundantly clear the particular heinousness of the crime of treason.
ENDNOTE
We continue our exposition of the crime of treason in forthcoming articles. Our purpose is to ascertain whether a reasonable legal basis exists under our law and under our Constitution to indict Hillary Rodham Clinton on the charge of treason.With less than six weeks remaining before the U.S. Presidential election every American citizen has a critical choice to make. It is absolutely incumbent on all Americans—who care deeply for the continuation of our Country as an independent Sovereign Nation, beholding to no other Nation, subordinated to no other Nation, who truly believes in the rule of law and who holds to our inviolate rights and liberties as codified in our sacred Bill of Rights—to make certain that a likely criminal, Hillary Rodham Clinton, sets not one foot into the White House.There is only one way to prevent a travesty and calamity from ensuing. The stakes could not be higher. Regardless of your past or present Party affiliation, you must cast your vote for Donald Trump.How Donald Trump comports himself as U.S. President is, as we must concede, of concern. This is predicated on specific statements he has made. Yet, the Nation can survive Trump’s excesses. But, the Republic will be well lost if Hillary Clinton—a person who cares little for any American and even less for our Constitution, and especially for our Bill of Rights; and for the continuation of our Country as an independent, sovereign Nation; for our traditions, our culture, and our unique history; for our jurisprudence, and, not least of all, for our system of laws, given clear, ample, and irrefutable evidence of Clinton having broken many of them—actually becomes the 45th U.S. President.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2016 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE OPERA WON’T BE OVER ‘TILL THE FAT LADY SINGS’—IN FEDERAL COURT—AND THE OPERA ISN’T OVER YET.
AMERICANS MUST SMOKE OUT RENEGADE CONGRESSIONAL REPUBLICANS
“It’s déjà vu all over again.” ~Yogi Berra, Baseball legend and cultural icon. In November 2014, in an article posted both here and on Ammoland Shooting Sports News, the Arbalest Quarrel predicted that centrist Republican Senators—more concerned about promoting themselves and maintaining the status quo than in serving Americans and acknowledging the needs and desires of their base—would create dissension, tearing the Republican Party apart, thereby handing the U.S. Presidency over to a thoroughly despicable individual: Hillary Rodham Clinton. We said,“Unfortunately, there are already disturbing signs from some centrist Republican Senators that, when dealing with Obama, compromise and conciliation will be the strategies employed. Confrontation is the strategy centrist Senators will reserve for their own Tea Party base. They intend to keep the base in line. Should that occur, these centrist Republicans will certainly tear the GOP wide open, and they may very well hand the White House over to Hillary Clinton in 2016.”The first part of our prediction has, we are sad to say, already come true. Centrist Republican Senators and Centrist House Republicans have torn the Party apart as we predicted. If those Republicans don’t mend their fences, and do so quickly, Hillary Rodham Clinton will take the White House. No doubt about it. In that event, our second prediction will, as well, also prove true. That will be absolutely disastrous for our Country and for the Nation’s citizenry even if those average Americans, who relish a Hillary Clinton Presidency, think that this would be something to applaud. Such Americans are wrong in their thinking, but they will realize their error too late—much too late—to rectify that error. And all Americans will suffer the horrific consequences of the erroneous beliefs of those Americans who had supported Hillary Clinton’s bid for the White House.Mainstream newspapers are already proclaiming a Democratic Party victory this November. The mainstream newspapers believe—or, if not, are nonetheless, sowing the seeds in the mind of the electorate, through application of yellow journalistic exploitation and distortion, that a Hillary Clinton victory is inevitable. But, as Yogi Berra also sagely said—as the above title to this article may possibly be attributed to: “It ain’t over ‘til it’s over.’” And, the matter of bringing Hillary Rodham Clinton to justice isn’t over just yet—not by a long shot. But it is up to those Americans—Americans who hold sacred our unique and priceless Constitution, who truly believe in the sanctity of our system of laws and of our jurisprudence, and who demand that the “rule of law” be applied and adhered to, not simply mouthed as one would an empty, trite platitude—to demand that Hillary Rodham Clinton be brought to account for serious misconduct against our Nation, against our Nation’s Constitution, against our Nation’s laws, and against our Nation’s citizenry.What can we Americans do to preclude a catastrophe from occurring in November 2016? One thing will definitely operate as a wrench thrown into Hillary Rodham Clinton’s plans to secure the U.S. Presidency: Clinton’s indictment on federal criminal charges. Is this still possible? You bet, but only if more Republicans in Congress grow a backbone. Americans must see that they do.The mainstream media, working overtime on behalf of the Democratic Party machinery, says an indictment of Hillary Clinton on federal criminal charges won’t happen—that Hillary Clinton’s indictment on felony charges is essentially “old news” and“water under the bridge.”The mainstream media refers to and relies on the July 2016 statement of Loretta Lynch, Attorney General, when Lynch said: “Late this afternoon, I met with FBI Director James Comey and career prosecutors and agents who conducted the investigation of Secretary Hillary Clinton’s use of a personal email system during her time as Secretary of State. I received and accepted their unanimous recommendation that the thorough, year-long investigation be closed and that no charges be brought against any individuals within the scope of the investigation.” The Justice Department has closed its investigation into Hillary Clinton’s misuse of private email servers to conduct sensitive Government business. It did so by simply handing the public a short, perfunctory statement, essentially washing its hands of the entire matter.Clearly, the United States Department of Justice refuses to mete out justice, failing to follow through on the F.B.I.’s manifest obligation to the American people as set forth on the F.B.I.’s website: The Bureau’s Public Corruption program focuses, inter alia, on: "Investigating violations of federal law by public officials at the federal, state, and local levels of government." Yes, the investigation of Clinton’s serious misconduct may be over for the U.S. Department of Justice, but that investigation is not over for the American people—not by a long shot.What can be done? Well, we know that at least a few honorable Republicans in Congress—and we may forget about the dishonorable Republicans who explicitly or implicitly support a Clinton Presidency and we may certainly forget about the Democrats in their entirety—are trying to do something to bring Hillary Clinton to account for her misdeeds and clearly criminal conduct even as the U.S. Justice Department has failed to do so—even as the U.S. Department of Justice has in fact failed our Nation and has failed the American people.These honorable, concerned Republicans have duly requested a copy of the F.B.I.'s interview notes of Hillary Clinton—the F.B.I.’s Form 302—although Americans have learned that those notes will not be released to the public.The Director of the F.B.I., James B. Comey, has, at least, responded appropriately to those Congressional Republicans who requested a copy of the F.B.I.’s notes of the Hillary Clinton interview. He has, we have learned, dutifully turned over the F.B.I.’s investigative summary, “Form 302,” to Congress. This, apparently, is rarely done; the F.B.I. doesn’t ordinarily turn its closed investigative files over to Congress.Not surprisingly, the mainstream media, an obvious tool of the Democratic Congressional Campaign Committee (“DCCC”)—and a tool, too, of other secretive, nefarious individuals and organizations both here and abroad—manifests a concern over the general release of F.B.I. agents’ notes through Form 302, even the limited release of notes to members of Congress. Clearly, foreign and domestic power brokers and corrupting interests and influences, along with the DCCC, want to see their puppet, Hillary Rodham Clinton, seated in the Oval Office. They do not want Congress, much less the U.S. citizenry, to view the F.B.I.’s criminal investigative files on Clinton. That’s very American of them, isn’t it? So, Congress has obtained the F.B.I.’s Form 302—the document summarizing the F.B.I.’s interview of Hillary Clinton. That is an impressive first step. But, it is only a first step. By itself, it isn’t enough to bring Hillary Rodham Clinton to justice.The Report will undoubtedly demonstrate—as strongly implied in the F.B.I. Director’s unprecedented statement to the American people, delivered to the American people on July 5, 2016—that Hillary Clinton is a corrupt, lying, criminal scoundrel who should be indicted on federal criminal charges. Even so, the United States Congress can do nothing to compel the Justice Department to do its job—to indict Hillary Clinton on federal criminal charges. Congress can do nothing, at this point, because the Department of Justice has closed its case on Hillary Clinton, and, at the moment, only the Justice Department has authority, under the law, to bring action against Hillary Rodham Clinton on federal criminal charges. And that places this Nation in a bind.The U.S. Department of Justice does not—notwithstanding the most serious matter to face our Nation in recent times—choose, as it should, as is required of it, to uphold the law. And that places this Nation in a bind. The U.S. Department of Justice apparently answers to some secretive cabal of crafty and treacherous outsiders who will do whatever it takes to prevent a Donald Trump Presidency; and the best way to prevent that—in fact the only way to prevent that—is to guarantee that no individual or entity has legal standing to bring federal criminal charges against Hillary Clinton and that the one entity that, at present, does have legal standing to bring federal criminal charges against Hillary Clinton, the U.S. Department of Justice, a Department that falls within the purview of the Executive Branch of Government, is prevented from doing so. Barack Obama, through the puppet masters who pull his strings, has, one may reasonably conclude, seen to that.The U.S. Department of Justice apparently answers to evil forces intent on seating their puppet—Hillary Rodham Clinton—in the White House. The U.S. Department of Justice apparently answers to those ruthless, wealthy, powerful individuals and entities who seek to place, in the highest Office of the Land, a person they can control; a person whom they have controlled in the past; a person whom they can count on controlling in the future; a person whom they have paid hard cash for; a person whom they know will always do their bidding—who will do what they, the puppet masters demand, even though such demand is in contravention to and in defiance of the laws of our Nation, and in contravention to and in defiance of our sacred Constitution, and contrary to the well-being and security of our citizenry.Hillary Rodham Clinton and her husband Bill will, as ever before, operate to the detriment of our Nation, lining their pockets with cold, hard cash, titular rulers to the puppet masters who control them, selling our Country out and throwing its citizenry down the drain, even as they claim, duplicitously, that they have the best interests of our Nation at heart and that their policies are designed only to effectuate what is best for our Nation. Nonsense!Something more must be done to prevent Hillary Clinton and Bill Clinton from stepping foot in the White House—apart from the mere hope that the American public will come to its senses on election-day and preclude a Clinton Dyarchy from taking root. But, what can Congressional Republicans do to follow through on Comey’s release of the F.B.I.’s Form 302 to Congress? What must they do? Just this: Congress must appoint independent counsel to reinvestigate Hillary Clinton’s misconduct and to prosecute Clinton on federal criminal charges if independent counsel finds probative evidence to indict her. Two Republican Congressmen have already taken the necessary steps to see that this is carried out.Ohio Republican Congressman, Michael Turner sponsored, and Georgia Republican Congressman, Rick Allen, cosponsored, a bill, the “Independent Counsel Reauthorization Act of 2016,” H.R. 5271. If enacted, the bill—introduced in the House, on May 17, 2016, over three months ago—would allow for the appointment of outside counsel to reinvestigate the serious misconduct of Hillary Rodham Clinton, involving, one, Clinton’s mishandling of classified Government information; two, Clinton’s prevarication to Government officials engaged in official criminal investigative work; and, three, Clinton’s likely criminal use of the Bill, Hillary & Chelsea Clinton Foundation, as a vehicle for the funneling of cash bribes to the Clintons in exchange for favors she was in the position to deliver, as Secretary of State in the Obama Administration, and likely, has delivered.But, what is the status of H.R. 5271? No one seems to know. The mainstream media isn’t asking, and Congress isn’t saying.Take it from a liberal Op-Ed writer for the New York Times, though, to point out why Republicans, en masse, aren’t bending over backwards to enact H.R. 5271. The reason is this: Centrist Republicans are flocking to Hillary Rodham Clinton’s corner. This is unheard of—something truly bizarre. Yet, true all the same. Many Congressional Republicans want Hillary Clinton to succeed Barack Obama as President of the United States. Lest there be any doubt about this, take a look at Frank Bruni’s opinion piece, titled, “Hillary’s Summer of Love,” that appeared in the New York Times Sunday edition, on August 7, 2016. Bruni asserts in critical part: “Dozens of prominent Republicans have come out and said that they’ll vote for her [Hillary Clinton] or consider it, including, just last week, the Silicon Valley titan Meg Whitman, the Jeb Bush confidante Sally Bradshaw, and Maria Comella, a former spokeswoman for two of Trump’s most pugnacious promoters, Chris Christie and Rudy Giuliani. You can expect that list to grow. The Clinton campaign clearly does. As Bloomberg Politics and The Washington Post reported last week, Clinton’s aides have gone so far as to set up something of a special operation — a defection watch — to monitor news accounts and any other public hints that a Republican leader is thinking of renouncing Trump, so that someone on Team Clinton can reach out and ask him or her to take the next step. The Times’s Jonathan Martin revealed that Clinton herself called Whitman a month ago. The breadth of G.O.P. affection for Clinton shouldn’t be overstated. The grudging nature of it can’t be overlooked. If Trump stormed off and a more appetizing Republican was put on the menu, these Clinton converts would most likely revert to their usual diet. And there’s a real limit to the number of Republicans who will publicly embrace her.But many, many more Republicans are privately rooting for her. By making clear that they won’t vote for Trump, they intend to throw the election her way. After decades of demonizing her and all those Benghazi hearings, a noteworthy contingent of Republicans are giving her a degree of active and passive help that less polarizing Democratic presidential nominees never received.”You can bet the Bushes, who audaciously and contemptuously snubbed the Republican nominee for President of the United States, Donald Trump, through their failure to appear at the Republican National Convention, held in Cleveland, Ohio in July 2016, certainly rank among those secretly supporting a Hillary Clinton Presidency.With many Republicans covertly, and, in some cases, even overtly, actively supporting a Hillary Clinton Presidency, should there be doubt in anyone’s mind why the bill, H.R. 5271, rests, apparently, dormant in Committee. House Republicans will not, apparently, allow it out of Committee. If that is true, then those House Republicans are secretly colluding with House Democrats to keep the bill stalled in Committee. We do not need to speculate why certain Republicans would wish to do this since Bruni has provided us with a depressingly clear answer: they want Hillary Clinton to win the election. No question.Certain House Republicans—the Centrists—don’t want an open debate. And, they don’t want a vote on the bill. Why is that? For this reason: if the bill proceeds to the Floor of the House for a full House vote, and some Republicans vote, “nay,” those Republicans are, then, clearly acknowledging their acquiescence in Executive Branch corruption. They are on record of saying they willingly accept corruption in the Executive Branch of the United States Government. We say this with conviction and logical validity because H.R. 5271, if enacted, resurrects the Ethics in Government Act of 1978—in Act this Nation sorely needs to get the Nation back on track—to get this Nation on the right footing, to gets this Nation where it is supposed to be, as the founders of our Nation expected to be—one that demands that the federal Government abide by the Constitution our founders drafted and adopted. Our Constitution mandates integrity in its public officials.This Nation’s Government cannot ably do the business of Government, on behalf of its citizenry, if corruption exists in Government. Corruption in Government cannot, indeed, must not be tolerated. Corruption in Government must never be tolerated. For, if corruption is tolerated, it grows exponentially, infesting and negatively impacting everything and everyone it touches, including, and especially, the U.S. Department of Justice—a Department in whom Executive Department Officials are compelled to be held accountable to the people.If the U.S. Department fails to indict those officials of Government who have been entrusted to serve the people—and, we have seen that the Department of Justice has failed to serve the people, in whom power and authority ultimately reside, then the Department of Justice has committed a double sin.The U.S. Department of Justice has not only allowed corruption in Government to foster, it has condoned it. In condoning the presence of corruption in high level Executive Department Officials, the U.S. Department of Justice has tarnished its image as a bulwark of law and order, and has undermined the very system of law upon which this Nation derives stability and continuity. The U.S. Department of Justice has converted our Constitution to little more than a doormat, to be thrown out at the pleasure of the corrupters of Government who demonstrate no regard for it anyway.When the U.S. Department of Justice fails the American people, by turning a blind eye to the worst sort of crimes of Federal Officials, it behooves the Legislative Branch of Government to step in. And, Congress has, in the past, done so, demanding integrity in the Executive Branch, when the U.S. Department of Justice fails to police Executive Department Officials, itself.Congress enacted the Ethics in Government Act of 1978 as a response to the Watergate Scandal. The Act compels integrity in the Executive Branch of Government. If Congress doesn’t compel integrity in the Executive Branch of Government, then Congress is complicit in the corruption that besets the Executive Branch. The “Independent Counsel Reauthorization Act of 2016” resurrects the Ethics in Government Act of 1978—the very Act Congress failed to reauthorize in 1999, during the Senate’s impeachment of U.S. President Bill Clinton, on federal corruption charges. Corruption, Americans see, runs in the Clinton family. Must the American people suffer another conniving Clinton in the White House—actually two of them—a real two-fer for the American people: two duplicitous monsters for the price of one. Isn’t that nice?Centrist Republicans are willing to acknowledge their tacit—and in some cases, of late, even explicit—support of and endorsement of Hillary Clinton. That is most disturbing, to be sure. But, none of these Centrist Republicans wishes to be on record as saying he or she is content with corruption in public Office—in fact complicit in allowing corruption in public Office to exist—even though they are—to a person—certainly intelligent enough to know that Hillary Rodham Clinton, and her husband, Bill, are as corrupt as the worst individuals can possibly be.Indeed, the very name, ‘Clinton’ is synonymous with ‘corruption.’ Thus, for any politician, Democrat as well as Republican, to refuse his or her support of the “Independent Counsel Reauthorization Act of 2016” is to expressly acknowledge support for corruption in the Executive Branch of Government. Perhaps, the two Parties have become two sides of the same coin after all.The Centrist Democrats silence their progressive wing and the Centrist Republicans silence the Tea Party Wing, and neither Party is answerable to its base. Neither Party ever wished to be answerable to its base. The goals of the Centrists in both Parties are essentially the same: the dissembling of our Country and our Country’s Constitution in the pursuit of neoliberal policies and Globalist interests, to the detriment of the economic well-being of both workers and businesses in this Country, and in contradistinction to the very sovereignty of this Nation.The Centrists of both Parties are Statists and internationalists at heart. They are not nationalists. They think of nationalism as “old-school.” They tend to think of the very notion of National Sovereignty as a relic of a bygone age. Their policy goals reflect this. The Centrists of both political Parties are content with matters just the way they are and are content with the way matters are slowly and quietly proceeding; and, while seemingly playing off their base—one against the other—the Centrists of both political Parties are secretly working together, selling our Country out for pennies on the dollar.The Centrists of both political Parties support illegal immigration. The Centrists of both political Parties support disastrous trade policies. The Centrists of both political Parties support an influx of millions of Islamists into our Country, notwithstanding that Islamists can’t be properly vetted. Centrists support the WTO and the IMF. The Centrists of both political Parties emulate the EU, and are quietly, secretly working toward the creation of an EU styled Corporate-Governmental structure in this hemisphere.The Centrists of both political Parties support the continued existence of the central banking system—the scourge of Western Civilization, engineered, back in the eighteenth century, by the undeniably powerful, extremely secretive, deathly sinister, and unbelievably wealthy Rothschild clan (reportedly having a net worth running into trillions of dollars).The European Rothschild family is unaccountable to anyone, yet silently controls everyone. The family’s tentacles wrap around continental Western Europe and extend to Asia and to the Americas. The Rothschild family dictates policy to its puppets in Europe and even in this Country. It operates silently, insidiously and is not any true, meaningful sense answerable to Congress—as its presence is opaque. But the effects of its sinister operations are evident through the actions of the Centrists in Congress and in the White House.The Centrists of both political Parties support the spending of trillions of dollars on interminable, unwinnable wars—the true purpose of which is hidden from Americans—wars that have nothing to do with our National Security, but wars that, in fact, have, in the waging of them in the first instance, threatened our National Security. The Centrists of both political Parties truly care nothing about preserving our Nation’s sacred, Bill of Rights—a document also seen by the Centrists as a relic of a bygone era—an era they would wish better forgotten—a relic that must at some point in the not too distant future, be shredded. How can Centrists in Congress care about our Bill of Rights? Their actions forever belie their words. They seduce the ignorant and gullible and frightened among us—all the while working on behalf of the puppet masters—the Rothschild clan—to rend the very fabric of this Nation.The Arbalest Quarrel will not stand idly by as mere witnesses to the travesty of Hillary Clinton’s run for the U.S. Presidency. We won’t rest even as many Americans appear resigned to a Hillary Clinton Presidency—the Rothschild’s choice to occupy the White House. Evil begets evil.Because we won’t allow this matter to rest, we have drafted a letter to the sponsor and cosponsor of H.R. 5271. We will be mailing it shortly. We are asking the two U.S. Congressmen, Turner and Allen—the sponsor and cosponsor of the bill, H.R. 5271—to provide us with the status of their bill. We are imploring these men to take action now, to move this bill along.We intend to force the Republican Centrists’ hands in this. If Centrist Republicans don’t wish to see passage of this bill, then we want do know who they are. We want for both them and those in the Democratic Party to be on record as having opposed a bill that compels integrity of Executive Department Officials.If these Centrist Republicans don’t wish to see passage of this bill, then they are worse than their Centrist Democratic Party counterparts. They are hypocrites. They pretend to preside over a Party that holds to the sanctity of the U.S. Constitution when they, in fact, do not. We intend to smoke them out.Apparently these Centrist Republicans feel no sense of duty to Party or to their base, no sense of guilt, having, as they do, the gall to blatantly support Hillary Rodham Clinton for U.S. President. Yet, they obviously do feel the need to refrain from actively opposing a bill that is designed to preclude corruption in Government. Hence, they would rather such a bill not come up for debate, much less a vote—at all.We insist that these Centrist Republicans take responsibility for their actions. If these Republicans honestly support Hillary Rodham Clinton—a likely criminal and the most corrupt politician to run for the Office of the U.S. Presidency in recent times, if ever the most corrupt politician—then we insist that they be placed on record, consistent with their support of a corrupt politician, of having actively opposed enactment of a bill designed to curb corruption in Government. You can do your part too. Contact your Representatives in Congress. Demand that they bring H.R. 5271 to the House Floor for debate and for a Floor vote. We must act now to preserve our precious Constitution and our Free Republic. If Hillary and Bill Clinton secure the White House, we can bid our Constitution and our Republic, “goodbye,” forever.Once we receive confirmation of receipt of our letter by the addressees, we will post the letter on the Arbalest Quarrel website.Hillary Clinton and her supporters in Congress—Republicans as well as Democrats—think that Hillary Clinton has the 2016 U.S. Presidential election wrapped up. They are welcoming this creature with open arms. For true Americans, though, a Hillary Clinton Presidency is as welcome as a plague of cholera.For the sake of our Nation’s continued sovereignty and for the sake of our unique and precious Constitution, we intend to upend the Clinton applecart. For the sake of our Nation’s citizenry and for the sake of Americans unborn, we intend to wipe that smug look off Hillary Rodham Clinton’s face.We, at the Arbalest Quarrel, have worked, and we will continue to work, tirelessly and unceasingly to prevent a Hillary Rodham Clinton Presidency. We have done so and will continue to do so to the best of our ability.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2016 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
LITTLE WHITE LIES, BIG DAMNABLE LIES, AND HILLARY RODHAM CLINTON “TRUTHS”
“I am a liar, and that’s the truth” said the inhabitant of Crete. Was the Cretan’s assertion a lie or was he telling the truth? ~Epimenides’ Paradox~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~After almost eight months of avoiding a formal Press Conference, Hillary Clinton's handlers decided to loosen Clinton's leash a bit. She spouts this drivel in response to a specific question concerning her position that the Director of the F.B.I., James Comey, said Clinton's responses to F.B.I. questions, posed to her during her interview, were truthful:"I was pointing out in both of those instances, that Director Comey had said that my answers in my FBI interview were truthful. That really is the bottom line here," she said. "What I told the FBI, which he said was truthful, is consistent with what I have said publicly. I may have short-circuited and for that I will try to clarify." Hillary Rodham’s statement in response to a journalist a gathering of black and Hispanic journalists in Washington, D.C., Clinton, on August 6, as reported by CNN.There’s no “bottom line” here—just a bottomless pit, a black hole: a deep, dark abyss constructed on lie upon lie, upon lie, upon lie. Hillary Clinton asserts Director Comey said her answers “were truthful.” That declaration is itself a lie, for that declaration contradicts Director Comey’s testimony before the Full House Committee on Oversight and Government Reform held on July 7, 2016, in Washington, D.C. The Hearing took place two days after the FBI Director delivered an unprecedented statement to the American people, laying out, in clear, cogent, damning detail the nature of and extent of Clinton’s crimes.Congressman Trey Gowdy, Republican, South Carolina, pointedly asked Director Comey whether Hillary Clinton lied to the FBI during the FBI’s interview of Clinton. He said she did. A portion of that exchange is here:“GOWDY: Good morning, Director Comey. Secretary Clinton said she never sent or received classified information over her private e-mail. Was that true? COMEY: Our investigation found that there was classified information sent — GOWDY: So it was not true? COMEY: That’s what I said. GOWDY: OK. Well, I’m looking for a little shorter answer so you and I are not here quite as long. Secretary Clinton said there was not marked classified on her e-mails either sent or received, was that true? COMEY: That’s not true. There were a small number of portion markings on I think three of the documents. GOWDY: Secretary Clinton said ‘I did not e-mail any classified material to anyone on my e-mail, there is no classified material.’ Was that true? COMEY: There was classified material e-mail. GOWDY: Secretary Clinton said she used just one device. Was that true? COMEY: She used multiple devices during the four years of her term as secretary of State. GOWDY: Secretary Clinton said all work-related e-mails were returned to the State Department. Was that true? COMEY: No. We found work-related e-mails, thousands that were not returned.”The entire eight and one-half hour hearing is available to the public.News groups make much of Hillary Clinton’s use of the expression, “short-circuited,” in her response to a journalist at the August 6, 2016 gathering of black and Hispanic journalists. The news groups were right to do so, for the expression means nothing. Clinton’s handlers came up with it as a useful and deceitful dodge.At the news conference, Hillary Clinton says “she will try to clarify.” Yet she clarified nothing. She never does. She never will. She leaves her listeners ever more puzzled, confused. She lies and obfuscates and keeps diligently to her script, meticulously prepared for her by her speech writers. She tries to sound contrite. She can’t because contrition isn’t in her character.Americans should place more stock in another term Clinton employed at the August 6, 2016 gathering of black and Hispanic journalists. It is a neutral, matter-of-fact word, but one requiring a close look. For it says much of the insidious design to protect Clinton from exposure to legal action. The term is ‘interview.’Now, Clinton did truthfully refer to her meeting with FBI agents as an ‘interview.’ The FBI conducted an interview of Clinton, not a deposition. What’s the difference? The term, ‘deposition,’ is a legal term of art. The term, ‘interview,’ though, has many shades of meaning, colloquial as well as legal.Black’s Law Dictionary, Ninth Edition, defines ‘deposition’ as ‘a witness’s out-of-court testimony that is reduced to writing (usually by a court reporter) for later use in court or for discovery purposes.’ Black’s Law Dictionary, Ninth Edition, defines ‘testimony,’ as ‘Evidence that a competent witness under oath or affirmation gives at trial or in an affidavit or deposition.’ The word, ‘interview,’ is not defined in Black’s Law Dictionary except in reference to a U.S. Patent and Trademark Office form which has no application here. But the distinction between an interview and a deposition has particular import apropos of the Clinton matter.The FBI didn’t record Clinton’s responses to the FBI agents’ questions, and Clinton didn’t formally swear, under oath, that her responses were truthful. This means the FBI didn’t formally depose Hillary Clinton. So her assertions cannot be used at trial.Why didn’t the FBI formally depose Clinton? Certainly, the enormity of the allegations against her would seem to demand that. Why did Hillary Clinton create a personal email server system? Didn’t she appreciate the risks in doing so? Couldn’t she appreciate the risks? What does her creation of a personal email system, leading to the mishandling of secret Government information say about her judgment as a high level Government official? Again, we ask: why didn’t FBI agents formally depose or, at least, electronically record Hillary Clinton’s responses to their questions?Curiously, there is precedent for refraining from recording an interview. Both State and federal law enforcement officers had traditionally opposed recording of interviews of criminal suspects. Of course, if interviews aren’t recorded, in some manner, and if the interviewee's declarations are not under oath or affirmation, they have little if any evidentiary use in Court proceedings. But, perhaps, then, that’s the point of dispensing with the recording of interviews. Perhaps, then, that’s the point of dispensing with formal depositions. Let’s look at the history behind this approach to dispense with formal depositions in these matters.Prior to 2003, only two States required their law enforcement officers to electronically record interviews and, until recently, federal Departments, including the Department of Justice resisted recording interviews. However, “[s]ince 2003, the number of states requiring law enforcement officers to electronically record some or all interviews conducted with suspects in their custody has grown from two to at least twenty-two. Until recently, the U.S. Department of Justice (DOJ) has resisted this trend; under its previous policy, the DOJ's three chief investigative agencies -- the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) -- rarely recorded custodial interviews. However, on May 22, 2014, the DOJ announced a substantial change in its policy, creating a presumption that FBI, DEA, ATF, and United States Marshals Service (USMS) agents will electronically record custodial interviews.” Recent Administrative Policy: Criminal Procedure -- Custodial Interviews -- Department Of Justice Institutes Presumption That Agents Will Electronically Record Custodial Interviews, Dep't Of Justice, New Department Policy Concerning Electronic Recording Of Statements (2014)., 128 Harv. L. Rev. 1552 (March 10, 2015).The Department of Justice’s new policy, adopted in 2014, concerning recording custodial interviews changed. At the time of adoption of the new policy, Eric Holder was the Attorney General, appointed by President Barack Obama.Actually, the new policy was a welcome change. For, [t]he DOJ's new policy, which went into effect on July 11, 2014, flips its previous presumption against recording to one in favor of it. Agents no longer need to obtain supervisory approval to record interviews: FBI, DEA, ATF, and USMS agents are now expected to electronically record statements of individuals suspected of any federal crime in their custody when in a 'place of detention with suitable recording equipment.'" Id. Why did the DOJ change its stance concerning recording custodial interviews?“Before the recent shift, the DOJ's position was that custodial interviews generally should not be recorded. The major federal law enforcement agencies strongly resisted recording interrogations, citing fears that recording would interfere with rapport building, lay juries and judges would misinterpret acceptable interviewing techniques as improper, and the implementation would be logistically difficult. These concerns led agencies to erect barriers to electronic recording and to rely instead on note-taking and agent memory. For example, the FBI's standard procedure was for an agent to take notes during the interview and later compile a summary known as a Form 302. The Agency had an exception to this practice that allowed recording if the Special Agent in Charge (SAC) ‘deem[ed] it advisable.’ In all but the three largest FBI field offices, there is one SAC who runs the entire office. Therefore, although the FBI claimed that its policy allowed ‘flexibility’ in deciding when to record interviews, internal DOJ analysis suggests that the policy actually inhibited agents' ability to exercise discretion regarding whether or not to record their own interviews, and created a ‘heavy presumption’ against recording. Recent developments, however, expose the shortcomings of the DOJ's previous policy. After decades of experience on the state level with recording policies, many of the FBI's concerns about recording interviews have been proven false. . . . And even where the concerns may prove well-founded, exceptions to recording requirements can easily address the problem; for instance, an exception could be granted for technological difficulties.” Id.Note: the policy for recording of interviews refers to those individuals in custody. But, the FBI never held Clinton in federal custody. So the DOJ’s new policy, favoring recording interviews, doesn’t directly apply here. Still, one might ask why—given the severity of Clinton’s conduct and the damage she inflicted on the security of this Nation and its people—the FBI didn’t take Clinton into custody?Regardless, nothing suggests the FBI SAC Officer couldn’t electronically record Clinton’s responses even if the FBI had not detained her. Still,“. . . the agent and prosecutor may decide not to record an interview conducted for the purpose of gathering information related to public safety or national security.” Id. It’s the SAC Officer’s call. But, given the seriousness of Clinton’s mishandling of the nation’s secrets—a felony—one would think sufficient reason existed for electronic recording of Clinton’s responses; and one can, therefore, certainly make the rational counter argument that it is precisely because Clinton’s transgressions rose to the level of national security concerns that the FBI SAC Officer should have recorded Clinton’s responses to the FBI agents’ questioning for eventual use as evidence in a court proceeding against Clinton if the DOJ ultimately brought charges against her. Certainly, Congress would wish to review the transcript. Indeed, at the August 6, 2015 hearing, Congress pointed out its desire to obtain the SAC Officer’s Form 302 summary of the FBI’s interview of Hillary Clinton. Whether the FBI ultimately does so, that is an open question. Indeed, that is a transcendental question relating to Government’s attempt to hide nefarious, probably illegal actions from the American people.But, formal electronic transcript or no, one incontrovertible fact remains, Hillary Clinton lied to the FBI. Lying to the FBI is a federal crime—a serious federal crime under 18 U.S.C. § 1001.18 U.S.C. § 1001, sets forth:“Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully-falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes any materially false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism . . . imprisoned not more than 8 years . . . or both.”Of note, a person need not have perjured him or herself—that is to say, a person need not have testified falsely, under oath—to have violated 18 U.S.C. § 1001. When a person lies to a federal official—whether under oath or not—that person has violated federal law. Director Comey has acknowledged as much.Hillary Clinton cannot claim an excuse to lie or a license to lie to the FBI simply because she did not formally swear to tell the truth. And, her claim to have told the truth, when facts prove otherwise, do not elevate her lies to truth simply because they were uttered out of the mouth of one, in her view at least, of esteemed status, beyond the rule of law that applies to us lesser mortal citizens of the United States.Courts of law, in time past, have taken a very dim view of liars, whether their lies were produced under oath or not. The courts have denied citizenship to individuals who lied to naturalization officials. See, Petition of Ledo, 67 F. Supp. 917 (D.C. RI 1946). The Court denied citizenship to a liar, noting that, under the naturalization Statute, only a person of good moral character, who accepts the principles of our Constitution and is not predisposed to harm our Country is welcome to become a citizen. The Court held that a liar is not a person of good moral character. That is ground to deny a person his or he petition for citizenship.8 U.S.C.A. § 707(a) provides: 'No person, except as hereinafter provided in this chapter, shall be naturalized unless such petitioner, (1) immediately preceding the date of filing petition for naturalization has resided continuously within the United States for at least five years and within the State in which the petitioner resided at the time of filing the petition for at least six months, (2) has resided continuously within the United States from the date of the petition up to the time of admission to citizenship, and (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.'8 U.S.C.A. § 707(a) is now covered by 8 USCS § 1427(a) through (c). Of note, the language, especially, pertaining to moral character remains, in the present statute, exactly as written in the older Statute.See, In re Spenser, 22 F. Cas. 921, 5 Sawy 195 (1895). The Circuit Court of Oregon pointed out that perjury is not only malum prohibitum [an act that is a crime merely because prohibited by statute] but malum in se [an act that is inherently immoral, like arson or murder] that wherever it affected the administration of justice, by introducing falsehood and fraud therein, it was at common law deemed infamous, and the person committing it held incompetent as a witness and unworthy of credit.How far we have come. A court of law may forbid citizenship to a person who lies to a federal officer on the ground our Country does not deem such a person worthy of our Country’s grace, for that person is, both by law and by nature, an immoral person. Yet, this Country now raises the specter of nominating, to the highest Office in the Land, an incorrigible liar—a person who lied to FBI. She then unabashedly compounds the lies told to the FBI by telling the American people she never lied to the FBI.We have in Hillary Rodham Clinton a person capable of turning veritable lies into inviolate truths and, when pressed, will claim she simply made a “mistake.” Those “mistakes” translate into devastation and horror. Those “mistakes” have weakened this Country and its system of laws, led directly or indirectly to the deaths of thousands of Americans, allowed for the rise and strengthening of numerous radical Islamic groups, created political instability throughout the world, promoted civil unrest, but created hundreds of millions of dollars for the Clintons as they have placed, and will undoubtedly continue to place, our Country’s assets, its traditions, its values, its very Constitution and Sovereignty—all of it—on the auction block. Nothing is sacred or “off the table” for Bill and Hillary Clinton where their insatiable greed, lust for power, and capacity for unremorseful criminal misconduct are concerned. See the documentary, “Clinton Cash.”Under present and past naturalization Statutes and under U.S. Court law decisions—decisions going back to the 19th Century—Hillary Rodham Clinton would have been denied citizenship given her penchant for lying to federal officials. Such a person is beyond redemption. No one ought to be surprised, then, at Hillary Clinton’s audacity, as a citizen of the United States, to claim the Office of U.S. Presidency for herself, as her God-given right—and as the God-given right of her offspring in years to come.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2016 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE UN-JUSTICE DEPARTMENT GIVES HILLARY A FREE PASS:
CONGRESS AND THE COURTS—THE LAST HOPE OF THE AMERICAN PEOPLE—CAN HOLD AND MUST HOLD HILLARY RODHAM CLINTON ACCOUNTABLE FOR HER CRIMINAL ACTS
“When these unlawful acts were committed, they were crimes only of the officers individually. The Government was innocent, in legal contemplation; for no federal official is authorized to commit a crime on its behalf. When the Government, having full knowledge, sought, through the Department of Justice, to avail itself of the fruits of these acts in order to accomplish its own ends, it assumed moral responsibility for the officers’ crimes.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means—to declare that the Government may commit crimes in order to secure the conviction of a private criminal—would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face.” Olmstead v. United States, 277 U.S. 438 (1928); Dissenting Opinion of U.S. Supreme Court Justice, Louis D. Brandeis To demand an accountable Executive Branch of Government Congress must appoint independent counsel. The U.S. Constitution gave Congress the means to deal with a renegade Executive Branch. Congress saw that counsel, outside of Government, unshackled from the Executive Branch unbeholden to the President, beyond Government influence, could bring an outlaw Executive Branch to answer for its misdeeds.Since the Department of Justice—a component of the Executive Branch—has failed the American people, Congress and the U.S. Supreme Court bear the onus to investigate Hillary Clinton anew and to bring criminal charges against her. Through the appointment of independent counsel—a special prosecutor—Hillary Clinton would yet answer for her misconduct.Congress has, in the past acted to ensure that misdeeds of high level officers of the Executive Branch would not go unpunished. Congress must act now, before it is too late.
THE ETHICS IN GOVERNMENT ACT AND THE ACT’S PRESENT STATUS
The Ethics in Government Act of 1978, Pub. L. No. 95-521, 92 Stat. 1824 (1978), codified as amended at 28 U.S.C. §§ 591-599 (1994), had its origins in the Watergate scandal and in President Nixon’s attempt to cover up the investigation by manipulating the Justice Department.“After Watergate, there was widespread recognition of the conflict of interest involved when the Attorney General controls prosecutors of high officials tied politically to the Attorney General. This recognition led to a series of proposals for statutory authority for special prosecutors. The key provisions of these proposals would vest the appointment of special prosecutors in the courts rather than in the Executive branch, and limit the Attorney General's removal power.” “The Constitutionality of Independent Officers As Checks On Abuses of Executive Power,” 63 B.U.L. Rev. 59, by Charles Tiefer, Assistant United States Senate Legal Counsel.The Department of Justice, a component of the Executive Branch, is taxed with the administration of Justice. But, reliance on the Department of Justice to root out corruption and prosecute serious crimes against high ranking public officials—including and particularly, the President, the Vice-President, and Cabinet level Officials remains problematic.The Attorney General is the Nation’s top prosecutor. The Director of the F.B.I. is the Nation’s top police officer. Both the Attorney General and the Director of the F.B.I. are political appointees. The President of the United States appoints both. They serve at his pleasure.Yes, the two top law enforcement officers of the Nation swear to enforce our Nation’s laws, but to whom do these two top law enforcement officers truly owe their loyalty, their fidelity, ultimately? Do they owe their loyalty, their fidelity to the President and to his Administration or do they owe their loyalty and fidelity to the U.S. Constitution and to the People of the United States? Hillary Clinton, as Secretary of State in the Obama Administration, committed multiple illegal acts in clear defiance of and disdain for federal law. One can only wonder at the reluctance of the Department of Justice to render justice. The failure of top Justice Department Officials to bring to justice--on behalf of the American People, and in accordance with their duty under the U.S. Constitution--a corrupt Cabinet Level Officer, opens up these top Justice Department Officials to possible charges of criminal wrongdoing as well. These Justice Department Officials--the F.B.I. Director, James Comey, and the Attorney General, Loretta Lynch--have shown, through their failure to enforce Federal Statute, enacted by Congress, their own contempt for the law. They have condoned criminal conduct. They are, therefore, conceivably, guilty of criminal conduct themselves.Moreover, as the two Departments—the Departments of State and Justice—are components of the Executive Branch of Government, presided over by the U.S. President, the President isn’t free of culpability in the Clinton scandal, either.The President must surely have known of Hillary Clinton's behavior. After all Hillary Clinton's use of personal email servers to handle classified documents wasn't an atypical, "one off" event. She used private email servers to conduct official Government business, extensively--indeed, she used private email servers to conduct official Government business, exclusively--and she used private email servers to conduct official Government business over a lengthy period of time, namely, during her entire tenure as Secretary of State. Clinton's use of private email servers was her typical way of conducting Government business. If the President did not know of Hillary Clinton's illegal acts--which is difficult to believe-- he is, nonetheless and at the very least, liable for negligent hiring. After all, he appointed Hillary Clinton to her post, as head of the Department of State. So, he bears some responsibility for her actions.It is mind-boggling to consider that the Attorney General, Loretta Lynch, won’t indict Hillary Clinton. Substantial damning evidence against Clinton—evidence clearly warranting Clinton's indictment on felony criminal charges cries out for Clinton's indictment. It is equally mind-boggling to consider that, in light of his unprecedented statement to the American people on July 5, 2016—notably, one day after our National Holiday, marking our Nation's independence from tyranny—the Director of the F.B.I., James B. Comey, would decide not to recommend indictment of Clinton, when his lengthy description of her crimes would strongly suggest he would do just that. He didn’t. Was he coerced? Americans may never know. We do know that Hillary Clinton should not escape justice. She must not escape justice.Congress must now act precisely because the Executive Branch of Government won't. High ranking Officials in the Executive Branch are themselves, apparently, too embroiled in Hillary Clinton's corruption to put their house in order and mete out justice.Only someone outside of Government, untainted by Government, and beyond the reach of and, therefore, beyond the influence of both the U.S. President and shadowy, powerful interests that are pulling the President's strings can mete out justice now.But what are the mechanics for meting out justice? Let’s take a look.
HOW DOES THE ETHICS IN GOVERNMENT ACT WORK?
“Under the Act, when the Attorney General receives specific information that high officials covered by the statute—including White House staff, Cabinet members, certain Justice Department officers, and the President and Vice President—have engaged in violations of federal criminal law other than petty offenses, he is allowed ninety days to complete a preliminary investigation. If he either ‘finds that the matter warrants further investigation or prosecution,’ or does not find ‘that there are no reasonable grounds to believe that further investigation or prosecution is warranted,’ then he must apply to a special division of the courts, consisting of a three-judge panel assigned by the Chief Justice for a two-year period, to appoint an independent counsel. “The Constitutionality of Independent Officers As Checks On Abuses of Executive Power,” 63 B.U.L. Rev. 59, by Charles Tiefer, Assistant United States Senate Legal Counsel.“The independent counsel has a wide range of investigative powers, including conducting proceedings before grand juries, applying for judicial warrants, subpoenas, and immunity and other orders, and using the files, resources and personnel of the Justice Department. He must conform with an elaborate set of requirements for reporting to and advising Congress, including cooperating with congressional oversight committees, sending reports to Congress on his activities, and advising the House of Representatives of information that may constitute grounds for an impeachment. Independent counsels also frame and sign indictments, initiate and conduct prosecutions, and handle all aspects of federal cases. The Attorney General can remove independent counsels only for ‘good cause.’” Id.We make several observations here. First, under The Ethics in Government Act of 1978, the Department of Justice—which includes the F.B.I.—does the preliminary work in investigating crime in high Government Office. Second, the Justice Department’s role is limited to making one of two determinations: either further investigation of criminal conduct is warranted, or it isn’t. Third, the threshold for determining whether further investigation or prosecution is warranted is set very low. This means that, if reasonable ground exists for extending the investigation, the need to appoint a special prosecutor kicks in. Fourth, the Justice Department has no discretion in this. Political influence and cronyism is negated. Once the Justice Department determines reasonable ground exists for extending an investigation, the Justice Department must relinquish its control over the investigation and prosecution of the case. Fifth, the Justice Department relinquishes its control by applying to a special division of the Courts. A three member panel of the special division will appoint a special prosecutor.The special prosecutor then takes over investigation and prosecution from the Justice Department. Sixth, the Justice Department has 90 days to conduct a preliminary investigation. This precludes the Justice Department from sitting on a case. Seventh, in matters involving the investigation and prosecution of criminal misconduct of high level Executive Branch officials, the Ethics in Government Act hands over the administration of justice from the Executive Branch to the Legislative and Judicial Branches of Government.So, why hasn’t the Justice Department made application to the Courts allowing the Judicial Branch of Government to appoint a special prosecutor? Might it be simply that the Judicial Branch will not, for some obscure reason, appoint a special prosecutor to look into Hillary Clinton’s conduct as Secretary of State and to look into the secret business dealings of the Bill and Hillary Clinton Foundation since, apparently, the Justice Department is unable to act? Or is it the case that the Attorney General cannot appoint a special prosecutor, had she wanted to?The Department of Justice can't take action to have a special prosecutor appointed because the Ethics in Government Act is no longer in effect.Clearly, if the Ethics in Government Act were still in effect, Hillary Rodham Clinton’s bid for the White House would be at an end. The F.B.I. Director, James B. Comey, determined—as is clear from his July 5, 2016 statement to the American people—that reasonable grounds for further criminal investigation of Clinton exists. Comey’s lame excuses--embarrassingly and, perhaps, deliberately lame excuses-- for recommending to the Attorney General, Loretta Lynch, that no criminal charges be filed against Clinton, would be irrelevant. The Justice Department would have been compelled to apply to the Special Division of the Courts. The Special Division would appoint a special prosecutor to handle the case. The special prosecutor would take over the investigation entirely, and Clinton’s bid for the Democratic Party nomination for U.S. President would be effectively over.
WHITHER THE ETHICS IN GOVERNMENT ACT OF 1978?
“The Ethics in Government Act of 1978” had a sunset provision. The Act would expire after five years, unless Congress renewed it. Congress did renew the Act in 1982, once again in 1987, and then again in 1994. The Act was scheduled for renewal a fourth time, in June 30, 1999. But, this time Congress allowed the Act to die.What changed between 1994 and 1999? Just this: The investigation, impeachment, and trial of William Jefferson Clinton. Congressional Democrats fought it. Clinton opposed it, Clinton’s Attorney General, appointed by Clinton, argued against it. The liberal American Bar Association attacked it. Even Kenneth Starr, the independent counsel, appointed by the Court to investigate whether the President and Hillary Clinton had violated federal statutes in connection with Madison Guaranty Savings & Loan Association, Whitewater Development Corporation, and Capital Management, assailed it.Starr said, the Act, “tries to cram a fourth branch of government into our three-branch system.” That is a singularly odd remark for the independent counsel--the special prosecutor--to make--in essence sabotaging his own appointment as independent counsel to investigate the President. In any event, Kenneth Starr's assertion was wrong. The appointment of a special prosecutor to investigate and prosecute crimes by high level Executive Branch Officials creates no Fourth Branch of Government, either literally or metaphorically.The special prosecutor, appointed by the Judicial Branch, answers to the Legislative Branch of Government. This joint action by the Legislative and Judicial Branches of Government hold the Executive Branch to its duty to faithfully execute the laws of the Nation. The Ethics in Government Act compels integrity.Without fanfare, just a few short months ago, Republicans in Congress attempted to resuscitate the Ethics in Government Act. Two House Republicans, Representative, Rick Allen, Republican from Georgia, and Michael Turner, Republican from Ohio introduced the “Independent Counsel Reauthorization Act of 2016,” on May 17, 2016. The “Independent Counsel Reauthorization Act of 2016,” essentially reauthorizes the original Ethics in Government Act of 1978, codified in 28 USCS Section 599, that had expired in 1999.Where is that draft bill now? It languishes in Committee. It has virtually no chance of passage. No one in Congress talks about it. The mainstream media does not bring it up: “out of sight, out of mind.” But, why is that?Can it be that all too many individuals in Government prefer to live with corruption? Perhaps so. But, when corruption is the cost of doing business in Government and when corruption is raised to a virtue, the destruction of our Bill of Rights and loss of our Free Republic cannot be far behind. That cost is much too high.Curiously, the original Ethics in Government Act owed its demise to the Clintons. They would hardly wish to see it resurrected now, on the eve of 2016 Presidential election, when the two taste victory.We look further into the legal intricacies of Judicial and Congressional use of a special prosecutor and to the machinations of the Clintons in upcoming articles.Both Bill and Hillary Clinton are two of the most corrupt individuals ever to hold high Government Office. They repeatedly refer to their misconduct as simple, inadvertent “mistakes.” Hardly so. For the Clinton's had great responsibilities. They served at the highest or, otherwise, at a very high level of Government. One served as President of the United States. The other as a Cabinet Level Official. Their so-called mistakes have ripple effects, impacting the entire Country, having repercussions around the world. To call their duplicitous actions, "mistakes," apparently serves, in their minds at least, to create the illusion their criminal actions do not have and did not have major disastrous consequences for Americans in particular and for the stability of the world, generally. They obviously take their actions cavalierly. But, no greater "mistake" can the American people make than to give these two a pass for their past "mistakes." For, that mistake--the one the American People make--will land the two of them--Bill and Hillary Clinton--in the White House where they can engineer more "mistakes." But, this time, any mistakes the two of them--the two "Presidents" make--presiding over this Country as a dyarchy--will spell the end of our Constitution, the end of our free Republic, the end of a once proud and unique Sovereign Nation State.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2016 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
HILLARY CLINTON MUST BE INDICTED AND HERE’S THE JUSTIFICATION FOR IT.
HILLARY CLINTON EXEMPLIFIES CORRUPT LEADERSHIP AND THE AMERICAN CONSTITUTION SUFFERS BECAUSE OF IT
Joseph smiled his tight and bitter smile. ‘What does any man, in his heart, really want? Power. Hypocrites scream ideologies and slogans to gain it over the gullible and what I like to call the “pure in hearts.” But my—friends—have no ideologies though they will solemnly use those of others if it serves them. They are men of many interests, politicians, merchant chiefs, mine owners, industrialists, bankers, railroaders, oilmen, shipbuilders and owners, munitions makers, men of inherited wealth, shipbuilders and owners, munitions makers, men of inherited wealth, men of illustrious family both here and abroad, princes, if you will. Landowners. They have several things in common: None is devoted to his particular country. None cares about the people’s welfare in any nation. All are avaricious, beyond the avarice of the general public to comprehend. All are sublime egotists. All are enemies of what you would call freedom. They want to rule, each in his own sphere, cooperating with the others. They want to be the Elite, with absolute authority over the lives and deaths and destinies of the world. At heart, they are all Robespierres, Dantons, Mirabeaus, Jacobins.” Excerpt from Captains And The Kings, (published 1972), by Taylor Caldwell, Chapter 31One thing is clear and irrefutable. Hillary Clinton is unfit to be President of the United States. However you slice and dice it, a substantive F.B.I. investigation into Clinton’s conduct as Secretary of State is sufficient reason to strike her name from consideration as a viable candidate for U.S. President. Failure of the F.B.I. Director, James B. Comey, to recommend indictment of Hillary Clinton on federal criminal charges is second to the import of the investigation itself and what the investigation uncovered. The mainstream media doesn’t even mention the impact a criminal investigation into the conduct a Cabinet level Official ought to warrant. Instead, the mainstream media focuses solely on the Director’s decision. The mainstream media has sought, in recent years, to distract the public, not to inform it. Why is that?Moral failures galore exist here. Hillary Clinton should have had the good sense and decency to drop out of the race. She could and should have done so for the well-being of the Country and for the sake of the American People. She did not. That she failed to do so, the Democratic Party should have demanded she drop out of the race. The Party did not.The F.B.I. Director, James B. Comey, should have followed his reason and recommended indictment of Hillary Rodham Clinton on federal criminal charges. He did not. The Attorney General, Loretta Lynch should have indicted Hillary Clinton, regardless of the F.B.I.’s recommendation. She could have done so. She did not.The sitting President of the United States, Barack Obama, should not be campaigning on behalf of Hillary Clinton—regardless of Comey’s decision not to recommend indictment—given the sheer volume of the evidence against her and its dire nature. Instead he campaigns on her behalf, standing at her side.Bernie Sanders should have withheld his endorsement of Hillary Clinton. He endorsed her anyway, to the chagrin of millions of Americans who placed faith in him.
THE DANGER POSED BY A CLINTON PRESIDENCY
Supporters of Hillary Clinton, including the present U.S. President, and, recently, U.S. Senator, Bernie Sanders—along with Hillary Clinton’s retinue of image makers—portray Clinton as something she is not, never was, and, never could be—someone who cares about the well-being of this Nation; someone who would defend the Bill of Rights.Supporters of Hillary Clinton portray her as one concerned over the plight of millions of illegal aliens. But these illegal aliens, having snuck across our borders, have no legitimate right to remain here. They portray Hillary Clinton as someone concerned over the plight of Americans—Americans who seek constant handouts from the Federal Government. Yet, her supporters ignore the tax burden those Americans place on millions of other Americans who take responsibility for their own actions, for their own lives. They portray Clinton as someone concerned over the plight of disaffected Islamists from the Middle East whom she would bring to this Country in droves. Yet they ignore the threat posed by radical Islam—a threat that isn’t lost on anyone here or abroad.Hillary Clinton’s image makers portray Hillary Clinton as a Savior. She is nothing of the kind. Hillary Clinton feigns service to this Nation. She serves only herself and those seditious, treacherous interests that lurk in the shadows. She pretends to vouchsafe our rights and liberties. But she would destroy them. Freedom of speech would be curtailed. The right to keep and bear arms would be obliterated. Americans right to privacy would continue to be invaded, even as Clinton’s own actions would be cloaked in perpetual secrecy.
WHY HAS A LIKELY CRIMINAL EVADED A PROPER ACCOUNTING FOR HER ACTIONS?
People may speculate on Comey’s reluctance to recommend indictment of Hillary Clinton on federal criminal charges. His failure to do so is sinful. His failure to do so has resulted in a cascade of sins committed by others.Comey’s damning litany of Hillary Clinton’s criminal conduct as Secretary of State screams out for her indictment. James Comey’s arguments against recommendation—when juxtaposed with the evidence for indictment outlined in his July 5, 2016 public statement to the American people—are lame and paltry, perhaps deliberately so. Was Comey telling the American People, though obliquely, that both he, and the Bureau and, by extension, the entire Justice Department, have been compromised? Possibly.
WHAT MIGHT CONGRESS DO?
What can Congress do to right a grievous wrong? Over three decades ago, Congress enacted laws to appoint independent counsel—often referred to as ‘special prosecutors’—to lead investigations into the wrongdoing of officials at the highest levels of government.The Arbalest Quarrel commenced a study of special prosecutorial appointment—the history behind it, the reasons for it, and the present status of it. The Arbalest Quarrel undertook this study to determine whether, through appointment of a special prosecutor, having independent authority, he or she might undertake a new investigation of Hillary Clinton’s bizarre conduct. This is necessary because of the Justice Department’s reluctance—for whatever reason—to “mete out justice.”A special prosecutor would undertake a review of the F.B.I.’s files. A special prosecutor and his team would have complete access to those files. A special prosecutor and his team would be unbound by the conclusions reached and decisions made by the F.B.I. Director and by the Attorney General. A special prosecutor and his team would operate independently of and beyond the reach of any Executive Department Official, including that of the U.S. President.A special prosecutor and his team would wield subpoena power and use of that subpoena power would be unconstrained. A special prosecutor would answer only to Congress.Specifically, a special prosecutor and his team would undertake an independent investigation of Hillary Clinton’s dubious activities as Secretary of State under Barack Obama. Both he and his team would investigate Clinton’s use of private email servers to conduct official Government business. Both he and his team would investigate foreign governments gaining access to that information. Both he and his team would review anew Hillary Clinton’s true motives behind her use of private email servers to conduct official Government business.A special prosecutor and his team would attempt to answer several important—even imperative—questions. Did Hillary Clinton’s use of private emails servers bespeak an intent to hide her activities from the American public? If so, that demonstrates intent to mishandle classified Government information, negating James Comey’s conclusion that Hillary Clinton did not intend to mishandle classified Government information. Why did Hillary Clinton destroy official Government records? James Comey made plain she attempted to destroy Government information. That she did so also demonstrates intent. Did she do this to avoid having Government information, pertaining to her actions as Secretary of State, deposited in the National Archives? If so, why? Did she do this to avoid having her activities recorded for posterity? If so, why? Was she aware, perhaps, that her policy decisions were contrary to the well-being of our Nation and to its People? If so, that would explain why she sought to use private email servers—even at the risk that such servers could not be properly secured—giving hackers relatively easy access.The special prosecutor and his team would review anew Hillary Clinton’s decision to lie to the F.B.I. and would string together the nature of those lies. The special prosecutor and his team would review anew the true purpose behind the Clinton Foundation. Is the Clinton Foundation a “front?” From whom did the Clinton Foundation receive and accept tens of millions and even hundreds of millions of dollars? Have some come from foreign governments and from wealthy, powerful individuals both at home and abroad? If so, have those governments and individuals paid the Clintons, through the Foundation, exorbitant monies to influence U.S. foreign and domestic policy? If so, has this influence peddling influenced foreign and domestic policy? Do the Clintons have sway over Obama? Have both Hillary and Bill Clinton attempted to cover up their Foundation’s activities from the American People?Have foreign governments hacked into Hillary Clinton’s private email servers? If so, have foreign governments obtained insight into State Department and Executive Office foreign policy analyses and decisions.Consider, did Russia’s President, Vladimir Putin, enter the Mideast conflict, defending Bashar al-Assad’s regime, on the basis of information gleaned from Hillary Clinton’s private email servers? Were Hillary Clinton to become the 45th President of the United States, would she commence use of private email servers again? If so, who in Government could stop her? Who, in Government would even know she was using private email servers to conduct Government business, at the highest level of Government?Clearly, the activities of the Executive Branch of the U.S. Government are suspect. Recent pronouncements from the mouth of a U.S. Supreme Court Justice in the Judicial Branch, Ruth Bader Ginsburg, cast aspersions on that Branch too. Ginsburg’s assertions against a candidate for U.S. President are unprecedented and inappropriate. Both the tone of those assertions and the mere fact of them should give Americans pause.On the basis of independent review of F.B.I. files and on the basis of new discovery, Congress may be in the position to answer many critical questionsNever in our history have we faced the prospect of a person gaining access to the highest Office in the Land under a cloud of suspected criminal activity. Sure, past U.S. Presidents and our present U.S. President have acted in ways that draw serious attention to the legitimacy of their actions. But, never have the American people suffered the possibility of a dubious character occupying the highest seat in the Land, before the fact. This is an outrage to every American voter. What can Congress do? In the past Congress relied on independent counsel, removed from the Executive Branch of Government and, therefore, beyond the influence of Government officials.
THE HISTORY OF SPECIAL PROSECUTORS*
Using special prosecutors had its birth in the 1970s, during the “Watergate” era. The Office of the U.S. President had become increasingly powerful. Congress sought to check abuses of the President. Congress feared encroachment of an “Imperial Presidency” with immunities and powers that had grown excessive and unchecked. To place a measure of control on the Presidency, Congress enacted several laws to give Congress oversight over the Chief Executive. One of those and of great importance here is The Ethics in Government Act of 1978. This Act authorizes independent special prosecutors to investigate and prosecute crimes by high officials.”The Department of Justice challenged this Act and other companion Acts when Congress first proposed the Ethics in Government Act of 1978. Through, the years, the Department of Justice has continued to challenge the Act.The Ethics in Government Act of 1978 Act has had a tumultuous history. Bill Clinton’s Administration had originally supported the Act. But, when special prosecutors investigated five members of Bill Clinton’s Cabinet, pursuant to their authority under the Act, Clinton abandoned his support for it. So, once the Act came up for renewal, in 1999, the Act lapsed.
NO LEGAL MECHANISM EXISTS TODAY TO BRING TO JUSTICE CABINET LEVEL OFFICERS OF THE EXECUTIVE BRANCH WHEN THOSE CABINET LEVEL OFFICERS VIOLATE FEDERAL LAW AND THE DEPARTMENT OF JUSTICE--A DEPARTMENT THAT FALLS WITHIN THE EXECUTIVE BRANCH OF GOVERNMENT--IS EITHER UNWILLING TO ACT TO BRING THOSE CABINET LEVEL OFFICERS TO JUSTICE BECAUSE THOSE HIGH LEVEL OFFICIALS WITHIN THE JUSTICE DEPARTMENT ITSELF HAVE BEEN CORRUPTED OR THE JUSTICE DEPARTMENT IS UNABLE TO ACT BECAUSE HIGH LEVEL JUSTICE DEPARTMENT OFFICIALS HAVE BEEN PERSONALLY COMPROMISED.
Absent Congressional action, no legal mechanism exists today by which independent counsel, as special prosecutors, unconnected with the Executive Branch of the Federal Government, may investigate and prosecute corruption and felony crimes of those serving in the highest Offices of the Executive Branch. The U.S. Constitution doesn’t provide a framework for appointment of special prosecutors, and some legal experts question the constitutionality of their use.But, then, if the Executive Branch, overseen by the United States President, has exclusive and unfettered control over the administration of law, and if Cabinet level Officials, appointed by the President, break the law, it behooves Congress to take action if the Executive Branch cannot or will not do so. More to the point, if Justice Department Officials alone may investigate and prosecute crimes of Officials in Government, what can Congress do if those same Justice Department Officials—the principal prosecutors of crime and corruption in Government—have themselves been compromised and cannot do their jobs effectively?
WHERE DOES THAT LEAVE THE AMERICAN PEOPLE AND WHAT CAN CONGRESS DO TO RIGHT A GRIEVOUS WRONG?
Since the Justice Department refuses to indict Hillary Clinton on federal criminal charges—notwithstanding that evidence elicited by James Comey warrants indictment—indictment won’t proceed without Congressional action. Does Congress have the backbone to reauthorize The Ethics in Government Act of 1978 or enact another law like it?The paramount question of Constitutional law is this: Can Congress enact a law, allowing the Legislative Branch, itself, to appoint a special prosecutor? Would that law pass Constitutional muster? In other words, can the Legislative Branch of our Government lawfully take upon itself the administering of law if the Executive Branch is unwilling to do so or incapable of doing so? Would not Congressional administrating of law conflict with the Separation of Powers doctrine? The Separation of Powers doctrine mandates that all executive functions of Government emanate and operate from and through the Executive Branch just as all legislative functions of Government emanate and operate through the Legislative Branch of Government. The administering of law is an Executive function, not a Legislative one.The American People face a serious conundrum. How does this Nation deal with an Executive Branch run amok? The founders didn’t deal squarely with this question when they drafted our Constitution. They created no mechanism in the Constitution that allows for independent administrative review of Executive Department officials’ actions by Congress when Cabinet level Officials in the Executive Branch commit grievous wrongs, in contradistinction to their oath of Office.The founders of our Nation evidently didn’t consider that corruption in the Executive Branch could be pervasive. The founders of our Nation evidently did not truly believe the American People could be duped into electing, to the highest Office in the Land, a person of questionable moral character, a person capable of treachery, a person who not only is willing and able to commit a felony but who, most likely, has done so.We continue to explore these matters in forthcoming articles.________________________*The information provided in this section summarizes or paraphrases material obtained from the following two academic sources: “The Unitary Executive in the Modern Era,” 1945-2004, 90 Iowa L. Rev. 601, January 2005, Christopher S. Yoo, Associate Professor of Law, Vanderbilt University, Steven G. Calabresi, Professor of Law, Northwestern University, and Anthony J. Colangelo, Associate, Cleary Gottlieb Steen & Hamilton, LLP; and “The Constitutionality Of Independent Officers As Checks On Abuses Of Executive Power,” 16 U. Mich. J. L. Reform 45, Fall 1982, Donald J. Simon, Associate, Sonosky, Chambers, Sachse & Guido, Washington, D.C.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2016 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
HILLARY’S ‘SMOKING GUN’ CANNOT BE UNDONE
“Let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America the law is King. For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other.” ~ Thomas PaineLost in the moment of the Dallas shooting tragedy is the serious matter of Hillary Rodham Clinton’s mishandling of official Government information. Many are those who would excuse this conduct. Most citizens likely would not. No American should.As awful as the gunning down of police officers by a lunatic is to contemplate, our Country, a Sovereign Nation, grounded upon a system of laws and a Bill of Rights, can survive this tragedy and others like it. Police departments around the Country can cope with lunatics, criminals, and terrorists if politicians in Washington D.C. would not second-guess police officers’ actions and if they would restrain themselves from running roughshod over them, and let due process take its course.But, can this Nation cope with a renegade ex-Secretary of State occupying the White House? It is more than doubtful. If Hillary Rodham Clinton becomes the 45th President of the United States, she will have the willingness and power to undermine the Constitution, more than any U.S. President in recent times, beginning with the Second Amendment. The scorn she holds for our Second Amendment is evident. The American People know exactly where she stands on gun possession and gun ownership in this Country.The damage she might do is not only limited by her determination and desires but by the powers she would wield as U.S. President. Those powers she would wield as President would be second to none. She would control the vast intelligence apparatuses, the military, and the federal police forces. She would mold public education and even exert control over mass media.Should Congress fail to yield to her devious determination, ex-Secretary of State Hillary Clinton, as United States President Hillary Clinton, would make law through executive fiat. Hillary Clinton has proved, time and again, she does not respect “the rule of law”—the bedrock of our Nation. Yet, we are a Nation grounded on the rule of law, as our founders intended. Our Nation is not grounded on rule by mere mortal men (or women).Mrs. Clinton’s behavior as Secretary of State makes up “Exhibit A” of her willingness to break the law. We see this through her obvious incompetency, through her disrespect for our Nation’s laws, and through the harm she would inflict on this Country—harm she would inflict on our Country with abandon and alacrity. Mrs. Clinton’s behavior as Secretary of State should serve as a warning to the American People. For, as she has operated as Secretary of State—as someone who perceives herself well above the law—so she will most certainly operate as President of the United States. Hillary Clinton’s actions as Secretary of State presage her actions as U.S. President.The mainstream media says F.B.I. Director, James B. Comey, determined—after investigating Hillary Clinton’s use of several private email servers to conduct official Government business—that Clinton committed no crime. The mainstream media says this because Comey told the American public, in his July 5, 2016 statement, that he will recommend, to the Attorney General, that no criminal charges be filed against Hillary Rodham Clinton.The mainstream media has it wrong. The mainstream media is misleading the public. The F.B.I. Director’s recommendation to the Attorney General not to indict Hillary Clinton on criminal charges does not, ipso facto, mean Hillary committed no crime. The F.B.I. Director, James B. Comey said no such thing, nor did he intimate any such thing. The F.B.I. Director said, in his July 5, 2016 statement to the American People, though tacitly, that Hillary Clinton did commit a crime; that she had, in fact, committed a crime continuously over several years. Further, the F.B.I. Director said, though tacitly, that Hillary Clinton’s conduct amounted to a felony—that she committed a felony repeatedly.The F.B.I. Director’s recitation of a long list of Hillary Clinton’s criminal misdeeds make these points abundantly clear. Cataloging Hillary Clinton’s misdeeds in a public statement for the American People is the primary purpose for the F.B.I. Director’s unprecedented public statement to the American People. Comey intended that such evidence of Clinton’s criminal misdeeds be made manifestly clear to the American People. The tacit question posed to the American People as implied through Comey’s recitation of Clinton’s criminal misdeeds is this: Is Hillary Rodham Clinton a person whom American citizens truly wish to represent both them and their Country?James Comey, F.B.I. Director, the top police official in the Land, intended for the American People to understand, full well, Clinton’s culpability for her actions. Contrary to some commentators’ remarks, Comey’s statement to the American People is not a political stunt. It isn’t grandstanding. The F.B.I. Director delivered his statement in deadly earnest.Comey sets out, clearly, cogently, comprehensively, categorically, and convincingly a litany of damning evidence against Hillary Rodham Clinton. Listening to Comey’s lengthy delineation of Hillary Clinton’s wrongful conduct as Secretary of State, one expects him to conclude with something like this:“I will make the following recommendation to the Attorney General: In the F.B.I.’s estimation, after conducting an extensive investigation of Hillary Rodham Clinton’s actions, in which she used several private email servers, exclusively and continuously over a period of years, to conduct official Government business, in her capacity as Secretary of State, a Cabinet level position, under the U.S. President, Barack Obama, the F.B.I. concludes that Hillary Rodham Clinton did in fact violate—either with actual knowledge of the wrongful, criminal nature of her actions and conduct in the handling of classified information, or through gross negligence in the handling of classified information—Section 793 of the United States Code, captioned, ‘Gathering, transmitting, or losing defense information,’ that falls under Chapter 37 of the United States Code, captioned, ‘Espionage and Censorship,’ of Title 18 of the United States Code, captioned, ‘Crimes and Criminal Procedure.’ As Director of the F.B.I., I, James B. Comey, do therefore recommend to the Attorney General that Hillary Rodham Clinton be indicted and prosecuted forthwith for the aforesaid federal crime, having forsaken her duty to the United States Constitution and to the American People.”But Comey made no such recommendation to the Attorney General. This much we know. This he made clear. To the contrary, after reciting a lengthy list of criminal misconduct by Hillary Clinton, Comey asserted, singularly incongruously, that he would recommend to the Attorney General that no criminal charges be brought against Hillary Rodham Clinton.The F.B.I. Director made this assessment of Hillary Clinton’s actions: She was “extremely careless” in her handling of classified Government documents. Still, notwithstanding his failure to recommend indictment of Hillary Clinton on criminal charges, the Director never said—nor did he imply—that Hillary Clinton had not committed a crime. The tacit conclusion to be drawn from the F.B.I. Director’s statement was that Hillary Clinton did commit a crime.Failure to recommend indictment is not equivalent to and is not indicative of an absence of criminal conduct; and, failure to recommend indictment does not entail lack of evidence of criminal conduct. In this instance, upon the cataloging of a laundry list of criminal misconduct on the part of Hillary Clinton, James Comey makes Hillary Clinton’s criminal conduct patently clear. So, then, why didn’t the F.B.I. Director recommend bringing criminal charges against Clinton? He said he wouldn’t recommend indictment because, as he asserted, he didn’t believe that, among other things, Clinton’s criminal actions were prosecutable. That is an odd declaration to make and one that Rudy Giuliani, former New York City Mayor and a former United States Attorney, took immediate exception with. Giuliani said he was “shocked” by James Comey’s conclusion that Clinton’s actions were not prosecutable.More shocking still was Comey’s testimony before Congress. For, two days later, on July 7, 2016, in sworn testimony before the United States House Committee on Oversight and Government Reform, James Comey seemingly retracted his tacit conclusion that, in his estimation, Hillary Clinton did break the law. For he asserted, clearly, categorically and unequivocally—in contradistinction to his earlier statement to the American public—that, in his estimation, Hillary Clinton didn’t break the law.There is an obvious disconnect between James Comey’s statement to the American public on July 5, 2016 and his testimony before Congress just two days later. Second, there exists an obvious disconnect between Comey’s litany of evidence supporting indictment of Hillary Clinton and the flimsy arguments he makes against it. Third, concerning whether Hillary Clinton lied to the F.B.I., there’s also a clear disconnect between Comey’s testimony in response to questions posed by U.S. Congressman, Jason Chaffetz, Republican-Utah, and Chairman of the Committee conducting the Hearing, and questions posed to James Comey by U.S. Congressman, Trey Gowdy, Republican-South Carolina, at the same Hearing.U.S. Congressman Trey Gowdy chairs the Select Committee on Benghazi. His worked helped bring Clinton’s criminal handling of classified Government information to light.But that isn’t all. Since Clinton had lied to the F.B.I., she has also violated another federal law: 18 U.S.C. § 1001, which sets forth in pertinent part,“Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully-falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes any materially false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism . . . imprisoned not more than 8 years . . . or both.” So, there exists a basis to indict Clinton under federal Statute, apart from the matter of her mishandling of classified Government information. She lied outright to the F.B.I.Clinton carries within her an air of supreme imperiousness and a feeling of imperviousness to personal harm. Indictment on criminal charges for lying to the F.B.I. would certainly preclude Clinton from continuing her campaign. So why isn’t Hillary Clinton charged with lying to the F.B.I.?Recall, Martha Stewart—wealthy businesswoman and television personality—was sent to prison was sent to prison in 2004 precisely because she lied to the F.B.I. on a matter involving insider trading—a matter significantly less critical to our Nation’s well-being than the matter at hand. The Attorney General’s Office could forgive Martha Stewart for the crime of insider trading. But the Attorney General’s Office clearly would not forgive Stewart for lying to the F.B.I. Why, then, is our Justice Department so willing—so readily willing—to forgive Hillary Clinton for lying to the F.B.I.?Less known, but just as serious, is the matter of the F.B.I.’s criminal investigation into the nefarious goings-on of the “Clinton Foundation.” Mr. Chaffetz specifically asked the F.B.I. Director whether the investigation into Clinton’s use of a private email server to conduct Government business was tied into the F.B.I.’s investigation into the “Clinton Foundation.” Most curiously, James Comey refused to discuss that issue at all, simply responding essentially with a terse, no comment.Given inconsistencies and, in some instances, curt utterances and evident reticence of the F.B.I. Director, James Come, during his testimony before Congress on July 7, 2016, and, too, given the odd dissembling in messaging and peculiar dislocation of meaning in the statement he delivered to the American People on July 5, 2016, we conclude that hidden, nefarious forces are at work protecting Hillary Clinton—are protecting the Executive Branch of Government that President Barack Obama, at the moment, presides over. This amounts to a tremendous miscarriage of justice.There is one supreme maxim that dictates the actions of the Executive Branch of Government: The President of the United States “shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.” This is mandated by Article 2, Section 3 of the U.S. Constitution. By extension, as is certainly clear, this means that the entirety of the work force under the U.S. President—from the highest Cabinet Official to the lowliest office worker—is expected to faithfully execute the Laws of our Nation. President Barack Obama has chosen in many critical instances, not to do so; neither did Hillary Clinton who was appointed by him and who worked under him as Secretary of State; neither would Hillary Clinton, in her capacity as U.S. President Hillary Clinton. What can be done to remedy this dire state of affairs?The Attorney General, Loretta Lynch could, of course, have indicted Hillary Clinton on criminal charges, regardless of James Comey’s recommendation to not bring criminal charges against the ex-Secretary of State. The Attorney General isn’t bound to accept the recommendation of the F.B.I. Director because a recommendation is just that—a suggested course of action. A recommendation is not a command. The Attorney General’s Office conducts its own review of the F.B.I.’s files.But, Loretta Lynch won’t indict Hillary Clinton. That won’t happen because the Attorney General and the U.S. President, Barack Obama don’t want that to happen. Obviously, the two of them—the Attorney General and the U.S. President—never wanted that to happen. Indeed, they never intended for that to happen. So the President, Barack Obama, carries on as if the entire matter of Hillary Clinton’s criminal conduct never happened. He takes to the road, campaigning on behalf of and together with Hillary Clinton (“Birds of a feather flock together”). The Attorney General, for her part, is happy to have this matter behind her as well. And both Hillary Clinton and her campaign officials breathe a collective sigh of relief.Indictment of Hillary Clinton on criminal charges would likely occur only if the Director of the F.B.I., James Comey had recommended indictment. Loretta Lynch has remarked she would adhere to the Director of the F.B.I.’s recommendation. But she said this only after her clandestine meeting with Hillary Clinton’s husband, Bill, on July 2, 2016, came to light.The Attorney General realized the singular impropriety of that meeting, even as she tried to argue the innocuousness of it. It was only after that meeting came to light that Loretta Lynch said she would accept whatever recommendation the Director of the F.B.I. makes. What is left unsaid, because of this imbroglio, is that the Attorney General knew, as did the President of the United States, Barack Obama, that the Director would make “the right decision”—the only acceptable decision for Obama’s plans to have Hillary Clinton succeed him—that the F.B.I. Director would recommend to the Attorney General that no criminal charges be filed against Hillary Rodham Clinton.The American People face a sad—horrific—and inescapable truth. Wealthy, powerful, secretive, seditious elements within the United States and wealthy, powerful, secretive, insidious interests outside the United States, have, together, orchestrated a charade of justice. The U.S. Department of Justice and its salient enforcement arm, the F.B.I. has been compromised.Can Congress set things right? Specifically, can Congress appoint independent counsel? Can Congress appoint a special prosecutor or team of special prosecutors, to review the accumulated evidence in the F.B.I.’s files and, after duly investigating those files, make its own recommendation to Congress? If that special prosecutor deems an indictment of Hillary Rodham Clinton appropriate, and recommends indictment, can Congress then compel the Attorney General to indict Clinton? Much is at stake for the future of this Country and for our sacred Constitution. The thought of a likely criminal occupying the highest Office in the Land should give every American pause. A likely criminal occupying that Office is not only farcical, it is appalling.In the next article we look at the intricacies of the special prosecutor appointment process to ascertain if this is feasible—if anything can be done to override a serious travesty of justice.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2016 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.