By Roger Straw, email to BeniciaResist! Feb. 17, 2019
Protest Trump’s Unconstitutional Power Grab on President’s Day!
Global Exchange links to a Crisis Response site where you can enter your zip code to find nearby protests against Trump’s declaration of a national emergency. Find details on nearby events in Walnut Creek, El Cerrito, Albany, San Rafael, Sonoma, San Francisco, San Mateo, Santa Rosa, Mountain View, and 2 in Oakland.
So far, nothing in Benicia or Vallejo. Vallejo-Benicia Indivisible is urging attendance at the El Cerrito event:
DESCRIPTION
The El Cerrito event is Monday Feb. 18 at noon. Trump’s declaration of a national emergency to build his vanity wall after signing the funding bill is a full-fledged attack on our democracy, an illegal, anti-democratic power grab rooted in racism. The only emergency at the border is the one created by Trump and the GOP enabling his temper tantrum. Congress and the people already rejected Trump’s wall, and going around constitutional separations of power and declaring a fake emergency as a desperate attempt to get his way is an abuse of his executive power. We won’t let Trump get away with this. Take your energy to the streets! On Monday, February 18, MoveOn – along with Indivisible, Win Without War, CREDO, and other activists, are joining for a mass mobilization to call on Congress to act on Trump’s fake national emergency. We’ve got to let every single member of Congress know that they must fight back. To attend you commit to engage in nonviolent, peaceful action, and to act lawfully.
Ignorant, perhaps, of the souls and sorrows that shape women’s existence and persistence here on earth, Thomas Paine was nonetheless profound in his observation.
His times were beset – as are our own times – by threats of rank privilege and outrageous abuse of power. In solidarity with the wider community, Paine first shared his sense of the immense burden of those trying times at the birth of our nation, and went on with a clarion call to never give up.
“THESE are the times that try men’s souls….Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value.” Thomas Paine, The American Crisis
Yesterday, Trump asserted imperial powers over the constitutional guarantees of our assembled representatives. Donald Trump is our King George III.
What congress solidly refused to authorize, King Trump has appropriated for his own small victory. Small, that is, because it is the blow that can not be ignored, the final failure in a long line of abuses, misuses, lies, poorly-kept secrets and ignorant acts that surely rise to the level of “high crimes and misdemeanors.”
Thank all that is good that we the people have powers, oversight authority, and checks and balances that do not necessitate another bloody revolution. Here’s tomorrow’s TO-DO list:
Congress
Congress must act at once to reverse Trump’s executive declaration, an action that is clearly allowable under the National Emergencies Act.
“… it would be straightforward for Congress to reverse a declaration of national emergency. The National Emergencies Act gives legislators authority to reject a presidential declaration of national emergency through simple legislation that would require majorities in the House and Senate. President Trump would presumably veto such action. Legislators would have the opportunity to override a presidential veto with a two-thirds majority vote.” – Chris Edelson, Assistant Professor of Government, American University School of Public Affairs, quoted on Public Radio International
Courts
A raft of lawsuits has already been brought, including one announced by our California Governor Gavin Newsom and California Attorney General, Xavier Becerra. According to Newsom:
“President Trump is manufacturing a crisis and declaring a made-up ‘national emergency’ in order to seize power and subvert the constitution. This ’emergency’ is a national disgrace, and the blame lays solely at the feet of the President. Meanwhile, he plans to shutdown and divert funds used by California law enforcement that run counter-narcotics operations and fight drug cartels to build his wall. Our message back to the White House is simple and clear: California will see you in court.”
The Congress, States, Texas landowners, progressive groups, non-profits and others are also mounting legal opposition.
Calls are out for everyone to take to the streets to protest Trump’s power-grab. Let’s gather on street corners, in the parks and at city halls on Monday, February 18.
Repost from NEED TO IMPEACH [Editor: For some of us, this will serve as a good SUMMARY of the miserable daily onslaught of the last 2 years’ news reporting. I learned from a friend the other day that the onslaught has been too much for her – she STOPPED watching the daily news. If that describes you, this can be a quick and easy catch-up. For ALL OF US, this is yet another alarm bell and maybe time to contact our elected representatives! – R.S.]
DONALD TRUMP’S
10 IMPEACHABLE OFFENSES
1 Obstructing Justice
After taking office, Trump asked FBI Director James Comey to abandon the investigation into Russian interference in the 2016 election—which the FBI had already connected to Michael Flynn.
When Comey refused to alter course, Trump fired him.
Trump then admitted the firing was over “the Russia thing” in a televised interview.
In a tweet months later, he stated that he “had to fire Michael Flynn because he lied to the FBI”— further affirming that he dismissed James Comey in an attempt to quash the FBI’s investigation.
Bottom line:Trump has repeatedly attempted to interfere in the Russia investigation, and admitted as much—that’s a clear case of obstructing justice. SEE MORE
2 Violating the Emoluments Clause of the U.S. Constitution
The Constitution’s Foreign Emoluments Clause prohibits the president from accepting personal benefits from any foreign government or official.
Trump has retained his ownership interests in his family business while he is in office.
Thus, every time a foreign official stays at a Trump hotel, or a foreign government approves a new Trump Organization project, or grants a trademark, Trump is in violation of the Constitution.
For example: shortly after he was sworn into office, the Chinese government gave preliminary approval to 38 trademarks of Trump’s name. Then, in June, China approved nine Donald Trump trademarks they had previously rejected.
And every time he goes to golf at a Trump property, he funnels taxpayer money into his family business—violating the Domestic Emoluments Clause.
Bottom line:Because Trump never divested from his business interests, he violates the Constitution every time the Trump Organization has business dealings with foreign or American government officials.
3 Conspiring with Others to Commit Crimes Against the United States, and Attempting to Conceal Those Violations
In the middle of the 2016 election, Trump’s son was invited to meet with a Russian national regarding “information that would incriminate Hillary and…would be very useful to” Donald Trump
The Russian, Natalia Veselnitskaya, had ties to high-ranking Kremlin officials.
Trump Jr. took the meeting. He said, “I love it,” when told Veselnitskaya may have had dirt on Clinton. Paul Manafort and Jared Kushner also attended.
Federal law prohibits campaigns from soliciting anything of value from a foreign national.
After journalists broke this story, Trump personally dictated a public statement on behalf of his son that lied about the intended purpose of the meeting.
This relationship between the Trump team and the Russian national raises questions of whether the campaign aided a hostile foreign power’s active operation against the United States.
Bottom line:Trump tried to cover up his campaign’s contacts with a Russian national—which, at very least, constituted a violation of federal law.
4 Advocating Violence and Undermining Equal Protection Under the Law
When Trump gave cover to the neo-Nazis who rioted in Charlottesville and murdered a protester, he violated his obligation to protect the citizenry against domestic violence.
When Trump encouraged police officers to rough up people they have under arrest, he violated his obligation to oversee faithful execution of the laws.
When Trump shared anti-Muslim content on Twitter, he violated his obligation to uphold equal protection of the laws.
This represents a pattern of disregard for some of the president’s basic responsibilities as defined by the Constitution.
Bottom line:Trump has demonstrated a pattern of behavior amounting to advocating violence, undercutting equal protection, and, as a result, failing basic Constitutional duties.
5 Abusing the Pardon Power
President Trump’s decision to pardon Joe Arpaio amounted to an abuse of the pardon power that revealed his indifference to individual rights and equal protections.
Joe Arpaio was convicted for contempt of court after ignoring a court order that he stop detaining and searching people based on the color of their skin, which constitutes a violation of their rights.
Pardoning this conviction goes against the Fifth Amendment, which allows the judiciary to issue and enforce injunctions against government officials who flout individual rights.
Bottom line:Trump’s pardon of Joe Arpaio violates the Fifth Amendment and harms the guarantee of Constitutional rights.
6 Engaging in Conduct that Grossly Endangers the Peace and Security of the United States
High-ranking administration officials involved in foreign affairs have signaled that Trump does not have the capacity to make informed decisions in the event of a military crisis.
Even worse, his actions could spark a needless confrontation stemming from misunderstanding or miscalculation.
We see this in full effect every time Trump tweets or makes a public statement taunting and threatening the North Korean regime.
The president may be the “Commander in Chief of the Army and Navy of the United States,” but that does not give him the right to behave in reckless or wanton ways that put millions of lives at risk.
If he is unfit to perform his duties as Commander in Chief, he cannot be allowed to remain in the position.
Bottom line:Trump cannot be permitted to recklessly and needlessly endanger millions of Americans with his unstable behavior.
7 Directing Law Enforcement to Investigate and Prosecute Political Adversaries for Improper and Unjustifiable Purposes
President Trump has repeatedly pressured the Department of Justice and the FBI to investigate and prosecute political adversaries like Hillary Clinton.
This is not based in concerns with national security, law enforcement, or any other function of his office—it is an attempted power play, plain and simple.
There’s no question that this constitutes an outrageous and inappropriate abuse of executive branch powers and serves as clear grounds for impeachment.
Bottom line:Trump’s threats against political opponents are threats against American democracy.
8 Undermining the Freedom of the Press
President Trump has repeatedly attacked the concept of an independent press.
He’s called critical coverage “fake news” and journalists “the enemy of the American people,” made threats to change libel laws and revoke licenses, and his battles with CNN led him to try to interfere in the AT&T/Time Warner merger.
This demonstrates his unwillingness to respect and uphold the Constitution, and disdain for the crucial foundations to our free society.
9 Cruelly and Unconstitutionally Imprisoning Children and their Families
Enforcing its new “zero tolerance” policy, the Trump administration separated as many as 3,000 immigrant children from their parents at the southern border. This policy was meant to deter families from attempting to cross the border.
The children and their families have been held in internment camps and cages with what lawyers call “inhumane conditions”
Donald Trump knew disclosure of his extramarital affairs with Stephanie Cliffords (A.K.A. Stormy Daniels) and Karen McDougal could hurt his chances at winning the 2016 election.
At the direction of Trump, Michael Cohen and American Media, Inc. (AMI), the publisher of the National Enquirer bought the rights to the women’s stories and forced them to sign Non-Disclosure Agreements to prevent them from going public.
Federal prosecutors, and Trump’s co-conspirators Cohen and AMI, all say that Cohen made the payments at Trump’s direction, “in concert with the campaign,” and with the intention of helping Trump win.
Trump is unindicted co-conspirator because he directed Cohen to “cause an unlawful corporate contribution” and an “excessive campaign contribution” by paying the two women hush money with the intent to influence the election.
Bottom line:Trump committed at least two felonies to illegally cheat his way into office.
Reprint from RawStory.com [Editor: Incredible 6-minute interview at the end of this story! Be sure to watch! Note that Laufman is calling on ALL OF US to speak out now. – R.S.]
Trump ‘is a clear and present danger’ to national security’: Ex-DOJ counterintelligence head
By BOB BRIGHAM, 14 JAN 2019 AT 22:15 ET
SNBC anchor Rachel Maddow brought the former chief of the Justice Department’s Counterintelligence and Export Control Section to discuss the latest revelations in scandals involving Russia swirling around President Donald Trump.
David Laufman served as a federal prosecutor and ran the D.O.J.’s counterintelligence division at the time the FBI, according to a New York Times report, began a counterintelligence investigation into President Trump.
Maddow noted a tweet by Laufman, which she said, “sent a shiver down my spine.”
Now is the time for all good men (and women) to come to the aid of their country https://t.co/CHkIZnocW6
— Law Offices of David H. Laufman, PLLC (@DavidLaufmanLaw) January 13, 2019
“It was a tipping point, among the data points we’re familiar with through the public actions of the special counsel, other investigative reporting,” he explained. “I spent 25 years in public service, mostly in the national security space and I feel I have a moral obligation to speak up when I see action taken by the president or the members of the administration that in my judgment undermine the national security of the United States.”
“The notion that the president of the United States would be trying to conceal details of conversations with a leader of our principle foreign adversary was positively chilling,” he continued.
“When you describe the president as acting in a way that is counter to the national security interest of the United States, those of us who don’t think of this in legalistic terms, those of us who are civilians trying to make sense of this moment in history and thinking about our own responsibility which you’re calling us to think about here, do you mean in blunt terms that the continuing existence of this presidency is a threat to the national security of the United States?” Maddow asked. “Do you think the president is that kind of a threat?”
“I think there’s a culmination of things we can point to in the public record now, the unbelievable acquiescence to Vladimir Putin in Helsinki, that was positively shocking to those of us who worked in the national security, all of the charging documents, people associated with the president, all of those point to a reasonable inference — and it’s a painful anguishing thing to acknowledge — that the president of the United States is a clear and present danger to the national security of the United States,” he concluded.
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