RELEASE THE MEMO: CAN A CHARGE OF TREASON BE BROUGHT TO BEAR AGAINST DOJ AND FBI OFFICIALS WHO HAVE MISUSED THE POWER AND AUTHORITY OF THEIR OFFICE TO UNDERMINE THE PRESIDENT OF THE UNITED STATES?

PART FOUR

THE CHARGE OF TREASON AGAINST THE DOJ AND FBI OFFICIALS, WHO MAY HAVE UNLAWFULLY CONSPIRED TO TOPPLE THE U.S. PRESIDENT, DONALD TRUMP, IS UNAVAILABLE, ON THE FACTS, AS WE PRESENTLY KNOW THEM.

One would think that those Government Officials responsible for attempting a coup of the Executive Branch of Government should also be charged with treason–the most serious federal offense–that the founders of our Republic and framers of our Constitution specifically set down in Article III, Section 3 of the U.S. Constitution, and which is one crime the conviction of which does allow for a death penalty sentence upon conviction.

Senior officials of the DOJ and FBI committed several heinous acts against this Nation, this Nation’s Constitution and laws, and against this Nation’s institutions.

• REFUSAL OF THE FBI TO RECOMMEND INDICTMENT AND THE REFUSAL OF THE DOJ TO INDICT HILLARY CLINTON ON MULTIPLE COUNTS OF MULTIPLE FELONIES, EVEN THOUGH THERE EXISTS AMPLE EVIDENCE OF CRIME, INCLUDING THE MISHANDLING OF CLASSIFIED DATA, BRIBERY, DESTRUCTION OF DOCUMENTS, LYING TO FEDERAL OFFICIALS, MONEY LAUNDERING, RACETEERING, OBSTRUCTION OF JUSTICE, AND PUBLIC CORRUPTION AMONG MANY OTHERS, SO THAT A LIKELY CRIMINAL MAY CONTINUE HER BID FOR PRESIDENT OF THE UNITED STATES; AND, HAD SHE WON THE ELECTION, THIS WOULD HAVE RESULTED IN A LIKELY SERIAL FELON OCCUPYING THE HIGHEST OFFICE IN THE LAND, ENABLING A THOROUGHLY DISREPUTABLE INDIVIDUAL, ALONG WITH HER HENCHMEN TO TAKE THIS NATION DOWN TO UTTER AND IRRETRIEVABLE RUINATION;

• CONDUCTING A CLANDESTINE OPERATION AGAINST THE REPUBLICAN PARTY CANDIDATE FOR U.S. PRESIDENT, DONALD TRUMP, TO UNFAIRLY, AND UNETHICALLY, ASSIST A LIKELY SERIAL FELON, HILLARY CLINTON, IN HER BID FOR U.S. PRESIDENT;

• IN FAILING TO INDICT HILLARY CLINTON ON MULTIPLE COUNTS OF MULTIPLE FEDERAL FELONIES, SENIOR FBI AND DOJ OFFICIALS ENABLED HILLARY CLINTON, A RUTHLESS, CUNNING, UNETHICAL, DISREPUTABLE INDIVIDUAL AND LIKELY SERIAL FELON, TO MISUSE THE MACHINERY OF THE DNC TO UNDERCUT THE U.S. PRESIDENTIAL BID OF ANOTHER DEMOCRATIC PARTY HOPEFUL, BERNIE SANDERS; AND, AFTER, HILLARY CLINTON SECURED THE DEMOCRATIC PARTY NOMINATION FOR U.S. PRESIDENT THROUGH TREACHERY, SHE COMPOUNDED HER IGNOBLE CONDUCT AND MISDEEDS BY ORCHESTRATING OPPOSITION RESEARCH SCHEMES TO OBTAIN FALSE AND SCANDALOUS INFORMATION AGAINST HER REPUBLICAN PARTY OPPONENT, DONALD TRUMP, IN AN UNETHICAL ATTEMPT TO ENHANCE HER CHANCES TO PREVAIL AGAINST HER OPPONENT;

• CLINTON LOST, BUT, ONCE, TRUMP PREVAILED IN THE 2016 U.S. PRESIDENTIAL ELECTION, SENIOR OFFICIALS OF THE FBI AND DOJ PRESENTED FALSE DOCUMENTS TO THE FISA COURT IN ORDER TO SECURE, ILLEGALLY, A WARRANT TO INVESTIGATE TRUMP CAMPAIGN OFFICIALS;

• THESE SENIOR FBI AND DOJ OFFICIALS SET IN MOTION THE MACHINERY FOR APPOINTMENT OF SPECIAL COUNSEL, UNDER FALSE PRETENSES, TO INVESTIGATE FALSE CLAIMS OF RUSSIAN COLLUSION WITH TRUMP CAMPAIGN OFFICIALS, ALL IN AN EFFORT TO UNDERMINE THE TRUMP PRESIDENCY, WHEN THERE EXISTS NO TENABLE BASIS TO SUPPORT SUCH INVESTIGATION.

The Constitution sets 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.

The U.S. Supreme Court, in Hanauer v. Doane, 79 U.S. 342, 20 L. Ed. 439, 12 Wall 342 (1879) stated, clearly, succinctly, and categorically: “No crime is greater than that of treason.”

The crime of treason is also codified in federal statute, Chapter 115, Treason, Sedition, and subversive activities.

Chapter 115 of Title 18 of the United States Code, 18 USCS § 2381 (Treason) states, in total:

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.

 The U.S. Supreme Court pointed out that the crime of treason comprises two elements: one, adherence to enemy; and two, rendering aid and comfort to him. Cramer vs. United States, 325 U.S. 1, 65 S. Ct. 918, 89 L. Ed. 1441 (1945).

The expression, ‘enemy’ is a legal term of art. It has specific meaning in law.

In Stephan v. United States, 133 F.2d 87 (1943), cert. den., 318 U.S. 781, 87 L. Ed. 1148, 638 S. Ct. 858 (1943), the U.S. Court of Appeals for the Sixth Circuit said that ‘enemy’ refers to a party who is the subject of a foreign power whom the United States is in open hostility with.

 The Arbalest Quarrel has written about the crime of treason in an article, titled, “’Treason’— A Timely Issue in the 2016 Presidential Election.” 

It would seem at first glance that senior DOJ and FBI Officials’ treacherous conduct should support a charge of treason, but, on close examination, the actions of these senior FBI and DOJ officials do not satisfy the predicate elements to support a charge of treason.

Since, there is no evidence—at least as yet—that senior Officials of the DOJ and FBI that have machinated against Donald Trump have done so as the subject of a foreign power, with whom we are at war, these senior Officials of the FBI and DOJ cannot be charged with treason. A charge of treason against these individuals simply cannot gain traction.

IF TREASON IS UNAVAILABLE, ARE THERE ANY OTHER NATIONAL SECURITY CRIMES THAT SENIOR FBI AND DOJ OFFICIALS CAN FEASIBLY BE CHARGED WITH THAT INVOLVE A DESIGN TO ATTACK THE INSTITUTIONS OF THIS COUNTRY, INCLUDING, AND PRIMARILY, THE OFFICE OF THE CHIEF EXECUTIVE OF THIS NATION?

Before we attempt an answer to this question, let us step back for a moment, and take a closer look at two principal defilers of our Nation. One of them is Peter Strzok, a staunch supporter and defender of Hillary Clinton, who once served as Chief of the Counterespionage Section of the FBI, and who is still working for the FBI but has been demoted. Peter Strzok was a principal player in the investigation into Hillary Clinton’s criminal activities, pertaining to her mishandling of classified information during her tenure as Secretary of State in the Obama Administration. The Arbalest Quarrel has written extensively about this and about other crimes that Hillary Clinton likely committed during her tenure as Secretary of State and since then.  See, for example, the article titled, “Pay to Play: The Clinton Foundation’s Open Secret and Silent Purpose.”

Strzok was also a member of Special Counsel, Robert Mueller’s team, ostensibly investigating collusion between Trump campaign officials and the Russian Government, until Mueller was forced to remove him—almost certainly, reluctantly—once evidence of Strzok’s strong bias against Trump came to light, after publication of a series of ominous text messages between Strzok and Strzok’s mistress, Lisa Page. Lisa Page is, for her part, a principal defiler of our Nation, as well. Lisa Page is an FBI attorney, whose animus against Trump is as strong as Strzok’s. The two of them exchanged text messages referring to a “secret society,” apparently composed of high ranking officials in the DOJ and FBI who had conspired to spare Hillary Clinton from felony indictments so that she could continue her bid for U.S. President in the 2016 election.

Having lost the election to Trump, the betrayers of our Nation, Strzok and Page and other senior Officials of the DOJ and FBI, conspired to destroy the Trump Presidency.

On January 23, 2018, Fox News reported,

“Two top FBI officials under fire for exchanging anti-Trump text messages during the 2016 election spoke of a “secret society” the day after President Trump’s victory, according to two lawmakers with knowledge of the messages.

Peter Strzok—a top counterintelligence official involved in both the Hillary Clinton email probe and FBI Special Counsel Robert Mueller’s Russia probe—exchanged more than 50,000 messages with senior FBI lawyer Lisa Page, with whom he was romantically involved.

House Oversight and Government Reform Committee Chairman Trey Gowdy, R-S.C., and Rep. John Ratcliffe, R-Texas, said Monday that among the messages the pair exchanged are references to a ‘secret society’ within the Department of Justice and the FBI.

‘We learned today about information that in the immediate aftermath of [Trump’s] election, that there may have been a secret society of folks within the Department of Justice and the FBI—to include Page and Strzok—that would be working against him,’ Ratcliffe said Monday on Fox News’ ‘The Story with Martha MacCallum.’”

Further, in a New York Post article, posted on the same date, the American public learns that:

“. . . each day brings credible reports suggesting there is a massive scandal involving the top ranks of America’s premier law enforcement agency. The reports, which feature talk among agents of a “secret society” and suddenly missing text messages, point to the existence both of a cabal dedicated to defeating Donald Trump in 2016 and of a plan to let Hillary Clinton skate free in the classified email probe.

 If either one is true — and I believe both probably are — it would mean FBI leaders betrayed the nation by abusing their powers in a bid to pick the president.

More support for this view involves the FBI’s use of the Russian dossier on Trump that was paid for by the Clinton campaign and the Democratic National Committee. It is almost certain that the FBI used the dossier to get FISA court warrants to spy on Trump associates, meaning it used the opposition research of the party in power to convince a court to let it spy on the candidate of the other party — likely without telling the court of the dossier’s political link.

Even worse, there is growing reason to believe someone in President Barack Obama’s administration turned over classified information about Trump to the Clinton campaign.”

Congressional Democrats are craven apologists for these individuals, in the DOJ and FBI who have misused the power and authority of their Office to promote their own political biases. It is one thing to hold political viewpoints. That is, of course, every citizen’s right. Under 5 USCS § 7321, “It is the policy of the Congress that employees should be encouraged to exercise fully, freely, and without fear of penalty or reprisal, and to the extent not expressly prohibited by law, their right to participate or to refrain from participating in the political processes of the Nation.” But, under 5 USCS § 7323, the so-called “Hatch Act”: “Subject to the provisions of subsection (b), an employee may take an active part in political management or in political campaigns, except an employee may not—use his official authority or influence for the purpose of interfering with or affecting the result of an election.” This is precisely what Senior FBI and DOJ officials did when they used their influence to assist Hillary Clinton in her U.S Presidential; bid. They violated the Hatch Act. But, having failed on that score, they went further, much further, as they sought and even now seek to undermine—and more—to destroy the Trump Presidency.

There are many serious national security crimes, apart from treason. A few of them fall into the broad categories of espionage, sabotage, sedition, terrorism, rebellion or insurrection, and advocating overthrow of the Government. When we look at the specific legal elements of each of these horrific crimes against this Nation, we see that none of the actions of Strzok and Page, and other senior officials in the DOJ and the FBI—that at the moment have come to light—serious as they are, constitute the most damning crimes of all, namely, national security crimes falling into the aforementioned categories.

Senior Officials of the DOJ and FBI clearly misused the power of their Office to enable a likely criminal, Hillary Clinton, to run for President of the United States when she should, instead, have faced indictment on serious felony charges.  Once they failed to seat Hillary Clinton in the Oval Office, these senior Officials have continued to misuse the power of their Office to undermine the President. It is clear that national security violations are taking place. Consider: Had Hillary Clinton won the election, we would see, for the first time in our Nation’s history, a person elected to the highest Office in the Land who had likely committed federal felonies—many of them, and, as U.S. President, she would not only have continued to conceal her felonies, she would have continued to commit them. All of this treachery would have remained hidden, buried, if Hillary Clinton had won the 2016 general election for U.S. President.

Having failed to seat Hillary Clinton in the Oval Office, these same betrayers of our Nation are still machinating—this time to undermine the Trump Presidency. Yet, there is no national security crime, codified in Statute, into which the actions of these betrayers of the Nation can be charged. But, there should be.

It is deeply troubling that senior officials can so blithely skirt the law, undermining the Office of the U.S. President as clearly and as effectively as would be the case were these individuals actually working for a foreign sponsor.

We therefore call on Congress to take a renewed look at our National Security crimes and consider enacting a new Statute or set of Statutes that would allow for indictment, in the future, of those individuals, who, like Strzok, and Page and others, have committed serious national security breaches, tantamount to treason, for having misused their powerful positions in Government to undermine the Office of the President of the United States, grounded on the ludicrous notion that they, alone, know what is best for this Nation, and therefore dare to thwart the will, of the people, and do so, insidiously, surreptitiously, cavalierly, audaciously, under cover of darkness.

The American citizenry should be appalled. 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.