Author Topic: Impeachment and Contempt of Congress  (Read 2381 times)

Crafty_Dog

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Impeachment and Contempt of Congress
« on: February 14, 2024, 01:59:59 PM »
Why We Impeached Alejandro Mayorkas
When executive-branch officials defy the law, Congress has to act.
By Mark Green
Feb. 13, 2024 7:49 pm ET
WSJ


Following a nearly yearlong investigation and official impeachment proceedings by the Homeland Security Committee, the House voted on Tuesday to impeach Homeland Security Secretary Alejandro Mayorkas. It was the right thing to do.

There are two primary grounds justifying this historic act by Congress. First, Mr. Mayorkas willfully refused to comply with the law, blatantly disregarding numerous provisions of the Immigration and Nationality Act. Though that law contains several detention mandates, Mr. Mayorkas directed the release of millions of inadmissible aliens into the country. He abused the statute allowing for parole on only a case-by-case and temporary basis and oversaw more than 1.7 million paroles. He created categorical parole programs contrary to the statute. In the interior, he directed Immigration and Customs Enforcement personnel not to detain most illegal aliens, including criminals. In his September 2021 enforcement guidance, the secretary directed that unlawful presence in the country was no longer sufficient grounds for removal, and that criminal convictions alone weren’t enough to warrant arrest. This guidance was contrary to the law.

Second, Mr. Mayorkas breached the public trust, both by violating his statutory duty to control the border and by knowingly making false statements to Congress. Under oath, he claimed to have operational control of the border, as defined by the Secure Fence Act, only to say later that he never made such a claim. He even testified that “the border is no less secure than it was previously”—a demonstrable lie. Mr. Mayorkas has also obstructed congressional oversight, forcing the committee to issue two subpoenas for documents, which are still unfulfilled.

This transcends mere policy disagreements. The people’s representatives are seeking to address a cabinet official’s unlawful actions, which have clearly harmed the country. The homeland security secretary has a statutory duty under the Immigration and Nationality Act to “control and guard” America’s borders, and numerous other provisions of the act mandate how he is to do so.

Notably in U.S. v. Texas (2023), the Supreme Court recognized Congress’s ability to use political tools such as impeachment to remedy bad behavior. Specifically, in an exchange with Justice Brett Kavanaugh during oral arguments, Solicitor General Elizabeth Prelogar acknowledged that the Biden administration’s position was that impeachment may be warranted in the face of a “dramatic abdication of statutory responsibility.” Mr. Mayorkas is clearly guilty of such an abdication.

In his dissenting opinion, Justice Samuel Alito also highlighted impeachment as a legitimate response by Congress in the wake of the majority’s ruling. Equally important is the high court’s decision not to rule on whether Mr. Mayorkas’s policies were lawful—meaning opponents of impeachment can’t point to the decision as justification for the secretary’s actions.

Impeachment doesn’t require the commission of indictable crimes. The framers of the Constitution conceived of impeachment as a remedy for much more expansive failures. When officials responsible for executing the law willfully and unilaterally refuse to do so, and instead replace those laws with their own directives, they violate the Constitution by assuming power granted solely to the legislative branch. They undermine the rule of law itself—an offense worthy of impeachment and removal.

The framers gave the House the power of impeachment to preserve the integrity of our constitutional system. As Alexander Hamilton wrote in Federalist No. 65, impeachable offenses are those “which proceed . . . from the abuse or violation of some public trust.” James Madison added that “the House of Representatives can at any time impeach” an unworthy officeholder, “whether the president chooses or not.”

There is little doubt that the framers, who cast aside tyrannical rule in favor of representative government, would view Mr. Mayorkas’s refusal to comply with the law and breach of public trust as impeachable. He is the type of public official for which they crafted this power. The Senate must finish the House’s work and convict Secretary Mayorkas.

Mr. Green, a Republican, represents Tennessee’s Seventh Congressional District and is chairman of the House Homeland Security Committee.
« Last Edit: May 07, 2024, 11:22:28 AM by Crafty_Dog »


DougMacG

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Re: Contempt of Congress for AG Garland?
« Reply #2 on: May 07, 2024, 11:33:17 AM »
https://www.msn.com/en-us/news/politics/house-republicans-are-ready-to-hold-attorney-general-merrick-garland-in-contempt-over-biden-audio/ar-BB1lViWo?ocid=msedgntp&pc=DCTS&cvid=31b4f8682a7f4bdbaa3032b2dbeb5976&ei=14


"Should the House hold Garland in contempt, it is unlikely that the Justice Department — which Garland oversees — would prosecute him."

 - Wouldn't he have to recuse himself and have an independent prosecutor prosecute the case?   - Just kidding.  Justice is a (bad) joke with this group.

Thank God Merrick Garland isn't on the Supreme Court.


Crafty_Dog

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WSJ: Nixon should not have resigned
« Reply #4 on: August 08, 2024, 09:22:46 AM »


Nixon Shouldn’t Have Resigned
I argued in August 1974 that the president should stay and fight. History has vindicated my view.
By Kenneth L. Khachigian
Aug. 7, 2024 4:01 pm ET




Rose Mary Woods, President Richard Nixon’s personal secretary, told me, “Your memo is good.” But it was clear Nixon would never see my 11th-hour plea for him not to resign. It was Aug. 8, 1974, and she was already tearfully typing his resignation letter.

I was a 29-year-old aide futilely counseling the president that because impeachment pressures were magnified by the day’s passions, he needed to pursue his constitutional defenses and force the House and Senate to take a principled stand.

As a central player in the administration’s anti-impeachment work group, I had been ready for the fray when, on the afternoon of Aug. 5, chief of staff Al Haig brought our team together, reporting a problem with one tape recording. In the moment’s frenzy, we tragically misread that June 23, 1972, conversation between Nixon and then-chief of staff H.R. Haldeman—about Haldeman deterring the Federal Bureau of Investigation from probing campaign funds channeled through Mexico—as a “smoking gun.” Even John Dean, who had cooperated with prosecutors and Senate investigators as White House counsel, has since acknowledged that the “smoking gun” was “shooting blanks”—that Nixon and Haldeman only sought to protect anonymous campaign contributions the Justice Department already agreed were outside the scope of the FBI’s Watergate break-in investigation.

Working under intense operating pressures and lacking accurate analysis, our team took a vote tally, and—with me as the lone holdout—counseled resignation. If we hadn’t rashly misinterpreted the tape and released it that afternoon, Nixon might have survived to fight another day.

What have I learned in the 50 years since? Although we are a long way from the summer of 1974, the Watergate pieties haven’t changed, and the media retrospectives this week will likely be repeating all the clichés about saving America: “The system worked.” “No man is above the law.” But a genuine retrospective of Nixon and Watergate needs to be shorn of cant and caricatures, unburdened by the clockwork bromides of “crook” or “resigned in disgrace.”

I hope new generations are open to some different thinking—or at least a balanced treatment that goes beyond the story of bungling burglars and political damage control. It must include how the “Watergate affair” was also the culmination of Nixon’s political opponents’ long-yearned-for goal of destroying him. Nixon had a political target on his back from his congressional days of vanquishing the communist Alger Hiss, a favorite of Washington’s intellectual left. Through his entire presidency, Congress was controlled by opposition Democrats, with confrontation aggravated further by Nixon’s determination to end the Vietnam War he had inherited from the Kennedy and Johnson administration planners at the State and Defense departments.

Sen. Edward Kennedy set up the Senate Watergate Committee. Three months later John F. Kennedy’s 1960 campaign director of opposition research against Nixon, Archibald Cox, was hired as Watergate special prosecutor with a staff seeded from the ranks of Robert F. Kennedy’s Justice Department. The subsequent special prosecutor, Leon Jaworski, expressed concern in an internal memorandum that his chief deputy reflected “an attitude I discussed with you before—the subjective conviction that the president must be reached at all cost.”

Watergate scholar Geoff Shepard has unearthed further damning evidence that the special prosecutors had several unethical private meetings with Judge John Sirica in the absence of attorneys for Nixon and Watergate defendants—each violating the most basic legal protections. Nixon’s adversaries weren’t looking only for the truth. They were looking for a scalp.

I have also come to believe there is an unacknowledged motive for the unceasing demonization of Nixon and Watergate. If the Washington culture of elite media and the political left can successfully define Nixon as the pinnacle of deceit and dishonesty, then their own immorality, corruption and abuse of power will seem trivial by comparison. By portraying Nixon as the ultimate sinner, they might make their own governmental and institutional malefaction appear less repugnant—a convenient salve for the sanctimonious voices heard this week.

The good news for Nixon is that the worst has been said. His antagonists are left with no rungs to climb on their ladder of hatred. On the other hand, records continue to unfold in the archives of the misconduct among his pursuers. Time and history are on Nixon’s side.

On May 4, 1977, Nixon phoned in to the “viewing party” in my home where his former staff had gathered to watch the David Frost Watergate interviews. After surveying our opinions on how the program went, he concluded, “There’s nothing we can do about it now. Watergate is there; so be it. I’m not just going to go away like a lot of them would like me to do.”

And he didn’t. He wrote nine bestselling books and collaborated with me in the 1980 and 1984 presidential campaigns to provide private and unofficial advice to Ronald Reagan. Bill Clinton has acknowledged that Nixon provided welcome advice during his presidency. Nixon traveled the world and doted on his grandchildren, and he and Pat Nixon saved the U.S. government millions of dollars by relinquishing their Secret Service protection to pay for their own personal aides.

I still believe he shouldn’t have resigned. If we knew then what we know now and we had more resources, access to social media and a better defense, the president may have served out his second term. Yet he spared America the agony caused by the hysteria of the times.

Richard Nixon didn’t resign in disgrace. He resigned in dignity.

Mr. Khachigian was chief speechwriter to Ronald Reagan, an aide to Richard Nixon and is author of the memoir “Behind Closed Doors: In the Room With Reagan and Nixon.”