Democratic platform 2018: Check the executive, Impeach

One simple plank in one simple platform will allow the the Democrats to sweep the 2018 mid-term elections: We promise to impeach Donald J. Trump on the day that we win a majority in both Houses! The only way that Republicans should be capable of retaining their seats in any contested jurisdiction is to state under oath: We promise to impeach Donald J. Trump on the day that we win!

The Democratic National Convention needs to make it their immediate work to draft Articles of Impeachment now in order that they can present to the American people the legal justifications for each Article and how they will defend against counter-arguments. The Articles must be brief, simple, clear and in a pamphlet that can be readily distributed to millions of voters in every state. Here are a few foundations for Articles of impeachment of Trump and their legal justifications:

Unilateral missile strike on Syria lacked authorization from Congress or from the United Nations Security Council The U.S. ratified the UN Charter, therefore it is federal law. Under the UN Charter there are only two justifications for using force against another nation on its soil, self-defense and/or approval by the Security Council. The Security Council did not authorize the strike (in retaliation for alleged chemical weapons use by Syria). Syria never threatened the U.S. and did not commit any act of aggression that would rationalize self-defense. The rationale of the Trump administration is that the strike was done to deter Syria from using chemical weapons, however since Syria has no possible way to deliver chemical weapons to the U.S., this is still not a self-defense claim. Also, Congress did not authorize the strike nor did Congress authorize any escalation in military measures against Syria for any reason. This is the reason that Obama never moved more aggressively against Syria, because Congress would not allow it. Knowing that Congress would not allow it, Trump acted ultra vires (to put it in terms he might understand). This violates the U.S. Constitution Article I, section 8, clauses 10, 11, 14; Article II, section 2, clause 1; Article 2, section 4; and Article 2, section 8 as well as the Congressional ratification of the UN Charter.

Treasonously conspiring with the Russians to undermine U.S. elections While the investigations are not moving as deftly as some members of the public might like, they are moving forward. Confidence seems to be high in the Senate’s ability to cooperate on a bipartisan basis to get to the truth of the matter wherever that my lead. Now that Nunes has recused himself from the House investigation, that investigation should get more serious as well. Jeff Sessions already committed perjury with regard to his discussions about the Trump campaign with Russian Ambassador Kislyak. While he took a bullet for Trump being forced to resign if enough pressure is applied to him, he will divulge what exactly he and Kislyak discussed and who put him up to lying about it under oath. Also, since General Flynn stated, while on the Trump campaign that those seeking immunity from prosecution must be guilty of a crime, and now that he is asking for immunity in exchange for his testimony on the matter, there is high likelihood that he will reveal who put him up to communicating with the Russians and who put him up to lying about it under oath. Treason violates the U.S. Constitution Article 2, section 4; and Article 2, section 8 as well as 18 U.S.C. 1622.

Lying to Congress under oath about conspiring with the Russians to undermine U.S. elections They might as well draft this article because you know that if and when Trump is subpoenaed to testify before the Senate he will lie. Because he is a lier. This violates the U.S. Constitution Article 2, section 8 and 18 U.S.C. 1621.

Profiting personally from foreign governments through various businesses dealing worldwide The single largest tenant of Trump Tower is the Industrial and Commercial Bank of China, a wholly state-owned company. This is but one example where foreign governments are giving Trump personally valuable concessions in order to curry favor. For other examples of Trump’s financial entanglements with a foreign government look no further than his extensive business dealings in Russia (or the Philipines, Panama, etc.). These acts violate the Emoluments clause of the U.S. Constitution, Article 1, section 9, clause 8; and Article 2, section 8.

The executive power must be checked immediately. Those with future ambitions who have utter contempt for the law and disregard for the Constitution must be deterred before they even think of running for the White House.

Step up Democrats, live up to your name and protect our representative democracy based on the checks and balances of a tripartite government whose strength and durability comes from having three co-equal branches of government.

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