Archive for December, 2019



As to Presidential impeachments, the Constitution provides: “The House of Representatives…shall have the sole power of impeachment” Art. I, Sec. 2 (5). “The Senate shall have the sole power to try all impeachments.” Art I, Sec. 3 (6) “The President…shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” (Art II, Sec. 4).

Since many Americans who enlisted in the Revolution were accused of “treason,” the Founders set a very high standard of proof in the Constitution to prove it: “Treason against the U.S. 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.” (Art. III, Sec. 3 (1). So much for treason.


Although the Constitution also listed “bribery” as an impeachable offense, no specific definition was given, as it was widely understood as an offer of “something of value” to a public official for something in return.

The something of value offered by Trump was military weaponry owned by the U.S. government. The law appropriating money to buy it was made by Congress under their legislative powers. Art. 1, Sec 1. Although Trump often gives the false impression that he alone controls the public purse strings, it’s Congress that exercises the power to decide what funds are appropriated and where they flow. The Constitution provides:  “no money shall be drawn from the Treasury but in consequence of appropriations made by law…” Art I, Sec. 9 (7).

President Trump was to simply enforce the Ukrainian appropriations law, without interjecting his own personal conditions. He had no authority to demand “favors” in exchange for U.S. aid. More specifically, he had no right to use taxpayer dollars to extract an investigation into Joe Biden, his political rival.

When Trump took his Presidential oath, he swore: “I…will to the best of my ability, preserve, protect and defend the Constitution of the United States.” Art II, Sec 1 (8). In doing so, he accepted the duty to: “…take care that the laws be faithfully executed.” Art II, Sec 3.

Some of Trump’s non-lawyer apologists, like the insufferable Jim Jordan of Ohio, shout out in a rage that no investigation was commenced and the aid was delivered. But what the Congressman refuses to admit is that the abandonment of a criminal scheme upon being exposed by a whistleblower is no defense. By analogy, if a murderer starts stabbing someone, but he is then stopped, and the victim survives, all is not forgotten. The charges are simply reduced from “murder” to “attempted murder.”

The Founders considered an attempted crime just as onerous as a completed one. American Jurisprudence, a legal authority, states: “An attempt to commit a crime was itself an indictable offense at common law.”

To show an “attempted bribe,” all that is required is an “overt act” coupled with an “intent.”

Here, the “attempted bribery” occurred as Tramp ordered his people to withhold the military aid to the Ukraine until the Ukrainian President first publically announced an investigation re Biden, his political rival.

When Alexander Hamilton explained in Federalist #65 that impeachment trials would be held in the Senate, he noted: “The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or in other words, from the abuse or violation of some public trust.” Here, since Trump was simply to deliver foreign aid as appropriated by Congress, and he instead added political conditions beneficial only to his own re-election campaign, he violated the public trust, and yes, that is an impeachable offense, which justifies removal. We simply cannot trust Donald Trump.


Before addressing “other” crimes and misdemeanors, the Congress must first consider the standard of conduct applicable to a President. As guidance, the Constitution sets standards for lawmakers and judges: “Each House may…punish its members for disorderly behavior and with the concurrence of two-thirds, expel a member.” Art I, Sec 5 (2). “The judges, of the Supreme and inferior courts, shall hold their offices during good behavior…” Art. III, Sec. 1. Since no Presidential standard was included in the Constitution itself, we can look to the Federalist Papers for help.

Alexander Hamilton established a “Preeminent Virtue Standard” for Presidential behavior in Federalist #68 (1788), where he wrote “…the Office of President will seldom fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications.” He added: “There will be a constant probability of seeing the station filled by characters preeminent for ability and virtue.”

As to impeachment crimes and misdemeanors, they are not to be judged by what a criminal court might have done or would do. If this were the case, Trump would always get 4 of 12 on a jury to vote not guilty, no matter what facts were shown. Presidential removals do not depend on unanimous jury verdicts, for as Hamilton put it in Federalist #65, impeachments “are of a nature which may…be denominated political.” For the House to impeach, each count simply requires a majority to agree that Trump has not lived up to Hamilton’s Preeminent Virtue Standard.


Since House Democrats would be making a major mistake if they proceeded on just onecount of bribery, they should examine what the Founders meant in the Constitution when they allowed impeachment for: “other high crimes and misdemeanors.” What “other” “high crimes”? What “other” “misdemeanors”?

In addition to attempted bribery, Trump has shown a lack of virtue as to other crimes and misdemeanors, such as: 1) sexual assault; 2) adultery and prostitution;  3) invasion of privacy; 4) slanderous defamation; 5) malicious prosecution; 6) battery, as party to crime; 7) disorderly conduct; 8) witness intimidation; 9) whistleblower law violations; 10) subordination of perjury; 11) contempt of court as to subpoenas; 12) receiving foreign emoluments (illegal pay); 13) income tax concealment; 14) fraud as to Trump University students; 15) fraud against creditors; 16) abuse of bankruptcy process; 17) obstruction of justice; and 18) obstruction of Congress.


While being secretly recorded by Billy Bush of Access Hollywood in 2005, Trump admitted that he committed at least one fourth degree “sexual assault.” Most states have various degrees of sexual assault, ranging from first degree (rape) to fourth degree, which is usually some sort of “offensive touching.”

In talking to Bush, Trump made comments indicating a lack of virtue regarding a Palm Beach woman as he said: “I did try and fuck her. She was married….I moved on her very heavily…I moved on her like a bitch, but I couldn’t get there and she was married.”

During the same conversation, as Trump was about to exit a bus to meet Arianne Zucker, he said to Bush: “I better use some Tic-Tacs, just in case I start kissing her….I am automatically attracted to beautiful (women)….I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star, they let you do it. You can do anything.” When Bush asked: “Whatever you want?” Trump replied: “Grab ‘em by the pussy. You can do anything.”

Many woman and campaign workers have alleged Trump forcibly kissed them or grabbed them, but there is not enough room here to recite all their stories.

Although it may be news to Trump, it’s not legal to randomly kiss or grab women by the pussy, or to do whatever you want, without their prior consent.  Under Hamilton’s “virtuous behavior” standard, Trump’s admitted conduct as to women should be added to our impeachment cart before we check him out.


The fact that Trump paid at least two high-priced call-girls substantial sums of money shows a willingness to engage in “prostitution” and a lack of the sort of “virtue” Hamilton thought Presidents should possess.

On dozens of occasions during a nine-month period while Trump was a 60-year-old and married to is then 36-year-old wife Melania, he had an affair with a 35-year old Playboy supermodel, Karen McDougal. Once Trump became the Republican Presidential nominee in 2016, his personal attorney Michael Cohen recorded a conversation with Trump in which they discussed paying off McDougal to keep her quiet. But instead of making direct payments, they used a trusted friend at the National Enquirer, who worked out a plan, where the tabloid paid McDougal $150.000 on Aug. 5, 2016 for a non-disclosure agreement and the “exclusive” rights to her story. This was so they could bury it. In another recorded conversation with Cohen, Trump asked if “one-fifty” was needed and Cohen said yes. When the affair nonetheless surfaced a few days before the 2016 election, Trump instructed his campaign aid Hope Hicks to lie about it by telling the public it was “totally untrue.” But the truth wouldn’t go away. Based on McDougal’s own memoirs, the New Yorker later corroborated the affair. McDougal said when they first had sex, Trump offered to pay her and promised to buy her an apartment in New York. During the affair, to avoid evidence, Trump instructed McDougal to cover her own air flights and hotels for later reimbursement. McDougal ended the affair in April 2007, because Trump made some offensive comments to her. As for Trump’s lawyer Cohen, after he pled guilty to violating the federal campaign finance laws by paying $150,000 in hush money “at the direction of a candidate for public office,” he was sentenced to prison for three years. His guilty plea also covered the Stormy Daniels buyout.

Once again when Trump was a 60-year-old, he had another affair with a then 27-year-old Stormy Daniels, who was an adult film star. After they had sex, Daniels said she used a Forbes Magazine to spank him (not hard enough obviously). Since Trump was a public figure, news of the affair was published in 2011. As Trump started running for President, Daniels was then threatened to sign a nondisclosure agreement. In Las Vegas, as she and her infant daughter exited a car, an unknown man said: “Leave Trump alone. Forget the story. That’s a beautiful little girl. It’d be a shame if something happened to her mom.” So one month before the 2016 Presidential election, Daniels finally signed a non-disclosure agreement in consideration for $130,000. Since the money was technically an in-kind contribution to the Trump campaign, after Trump was elected, his personal attorney Michael Cohen admitted that he made a payment to Daniels for Trump and he pled guilty to illegal campaign finance contributions “in coordination with and at the direction of a candidate for federal office.” Rudi Giuliani admitted Trump reimbursed Cohen in 2017. But Trump himself continued to lie about it, as he denied having any knowledge of Cohen’s payment to Daniels. Trump’s press secretary Sarah Huckabee Sanders was instructed to perpetuate the lie, as she told the media, they had “no knowledge of any payments from the President.”


Trump operated several beauty pageants between 1996 through 2015. At them, Trump admitted to Howard Stern in 2005: “I’ll go backstage before a show, and everyone’s getting dressed and ready and…no men are anywhere. And I’m allowed to go in, because I’m the owner of the pageant and therefore I’m inspecting it…You know, there’re standing there with no cloths, and you see all these incredible looking women…so I sort of get away with things like that..”

Just to name three of the ladies who complained, Miss Vermont Teen, Mariah Billado, described her dressing room incident this way: “I remember putting on my dress really quick, because it was like, oh my god, there’s a man in here.” Trump said: “Don’t worry ladies, I’ve seen it all before. Miss New Hampshire, Bridget Sullivan said when Trump walked into her dressing room ostensibly to wish the contestants good luck “they were all naked.” Miss Arizona, Tasha Dixon, said “(Trump) just came strolling right in. There was no second to put a robe on or any sort of clothing or anything. Some girls were topless, other girls were naked.”

Trump apparently suffers from the delusion that because he “owned” the beauty pageants that he had a legal right to invade contestant privacy by just walking in on them while they were nude. No judge or jury anywhere would agree with that twisted thinking.


Trump has routinely abused his position of trust by tweeting out a torrid of “defamatory statements” as to anyone who crosses him. He made so many false comments about so many people it’s impossible to recite them all in one article. Persons previously unknown to the public, like former Ukraine Ambassador Marie Yovanovitch, have been singled out and subjected to vile and slanderous comments.

Trump’s most widely-known slander was perhaps his insidious race-based fiction that President Obama was not born in the United States. As character assassin-in-chief, Trump headed the Birther Movement, a group of low-information right-wingers who seriously believed Obama was not an American. Their ignorance was in large part due to Trump’s non-stop lying on the issue. Since Trump professes to be a “genius,” why did he not comprehend demonstrable facts that clearly showed Obama was in fact born in Honolulu, Hawaii on Aug. 4, 1961? Why did he not accept Obama’s birth certificate or his “birth notice” published in a Honolulu newspaper in 1961? With facts readily available, why did he continue slandering Obama for years? The simple answer is Trump doesn’t care about truth and his proclivity to slander evinces a total lack of virtue.


Since our Founders objected when King George III abused his power and arrested political opponents, the framers protected Senators and Representatives in the Constitution by making them “…privileged from arrest during their attendance at the session of their respective Houses…” Art. I, Sec 6 (1). For the next 230 years, it was largely considered un-American for Presidential candidates to promote the prosecution or jailing of political opponents.

Trump managed to introduce a new invective into the American lexicon as he repeatedly encouraged his mobs to join him in the malicious prosecution of Hilary Clinton. He encouraged his thugs to just “lock her-up!” Historically, such threats were only heard in places like Franco’s Spain, Mussolini’s Italy and Hitler’s Germany. Such dark chants are seriously dangerous when repeated to uncorked Trump backers.

By encouraging the malicious prosecution of political opponents, Trump put himself in legal quagmire as he took an oath of office to uphold the Constitution: “The United States shall guarantee to every State in this Union a republican form of government.” Art IV, Sec. 4.

Trump cannot on the one hand blindly promote a lawless state by telling his thugs to just “lock her up” and simultaneously carry out his Presidential duty to guarantee of a republican form of government, which by definition includes peaceful transfers of power. Trump abuses his position of trust every time he calls for another “malicious prosecution” of a political opponent. Now he is saying “lock up” Hunter Biden. If Trump is allowed to continue acting like a dictator of a banana republic, his conduct will have a corrosive effect on the future of our democracy. Trump is not the sort of man the Founders wanted to head a republic.


Trump publically encouraged his hard-core supporters to engage in unprovoked physical acts of “battery” against media employees and those who merely disagree with him. He then co-conspired with his thugs by telling them he would pay their legal fees.

At a rally in Nevada in early 2016, when a detractor appeared to denounce the candidate’s racist rhetoric, Trump provoked his unbalanced supporters by shouting out: “I’d like to punch him in the face.” At another event in Kentucky the same month, Trump made it clear that if his bullies did engage in battery, he would cover their legal fees, as he shouted out: “Try not to hurt him. If you do, I’ll defend you in court.”

Armed with the knowledge that their legal fees would be covered, a white 78-year-old man in North Carolina then sucker-punched a 26-year-old black man, who appeared at a Trump rally in March 2016 to voice his opposition to Trump’s repeated use of hate speech.

When prominent public figures use their stations to egg-on supporters by promising to cover their legal fees if they engage in battery, they should be treated as a “party to the crime” to battery. Under Hamilton’s “virtuous behavior” standard, Trump failed miserably. The encouragement of battery should be added to our impeachment cart.


Under the same fact pattern above, disorderly conduct is often charged as lesser alternative to battery.

On many occasions, Trump engaged in “disorderly conduct” as he made hate-filled speeches and uttered comments that encouraged his unbalanced supporters to engage in physical violence. Trump tended to cause or provoke public disturbances. Since Hamilton argued impeachment could flow “from the misconduct of public men,” Trump’s disorderly style of conduct should be considered an impeachable act. No one could seriously argue Trump’s conduct is virtuous.


“Witness Intimidation” is a crime under both federal and state laws. Trump silenced some would-be accusers and attempted to mute others, as he used his twitter account to threaten those who dare testify against him. The list of those he as assailed is quite long, but just to name a few, he tried to intimidate his former Attorney Michael Cohen as he testified regarding the hush money paid to Karen McDougal. He intimidated Stormy Daniels in attempt to keep her quiet about their affair and the money she received. He also made intimidating tweets to former Ukraine Ambassador Marie Yovanovitch while she testified before a House committee. Trump uses this sort of intimidation anytime anyone makes any statements that might hurt him. While some brave souls have come forward to speak the truth as to his corrupt practices, others have sadly been intimidated into silence. It’s time for that to end. Witness intimidation should be added as an impeachable offense.


The federal Whistleblower Act (1989) was signed into law by Republican President George H. W. Bush. It’s a good law that protects government workers who report possible violations of laws, rules or regulations. The statute prohibits any reprisal or retaliatory action against the person reporting the alleged wrongdoing.

Confidentiality exists for a reason. The legal system has used confidential informants for a long time. Arrests in drug cases, for example, often begin with a tip from an anonymous undercover agent. Their identities remain secret and unavailable to the accused. If courts exposed them, they could be endangered.

Yet the President demands the whistleblower’s name. He wants it so he can retaliate against the person who disclosed his attempted bribe of Ukraine’s President. Trump demand is without regard to the law protecting the whistleblower’s identity or safety. Although it should be obvious, someone needs to tell the President that what is demanding is a violation of the Whistleblower Act. If Trump wants to change the law, he should use proper channels. As long as the law keeps the name of the whistleblower confidential, then the President can’t have it. Period. Since Trump doesn’t care about obeying the law, our only option is to add another reason for impeachment.


When Hamilton explained in Federalist #65 that impeachable offenses could flow “…from the misconduct of public men, or in other words, from the abuse or violation of some public trust,” it’s doubtful he could have even imagined a President as untrustworthy as Trump. The President has no credibility. He’s dishonest. He doesn’t understand the difference between what is true and what is false.

Trump’s habitual lying about almost everything, including demonstrably true facts, goes well beyond normal political rhetoric. It’s to the point where he has absolutely no reputation for truth. He lost the public trust. Does anyone really think he would not perjure himself if he testified under oath? Even his most ardent backers would have to admit he’s a pathological liar.

But since his attorneys know he would commit perjury, they will likely keep him off the witness stand. But this then leads us to the President’s men. I’m not sure why some Democrats want hostile witnesses like Bolton, Pompeo or Barr to testify. While Trump will certainly tell them to lie on his behalf, there is a question as to how many will actually do it. Will they let Trump commit another subordination of perjury?

We know Trump’s former campaign manager Paul Manafort was convicted of lying to investigators and sent to prison. We also know Trump was guilty of a subordination of perjury as to Michael Cohen, who lied under oath as directed by Trump. Cohen is now in a federal prison as a result. For encouraging these acts, Trump should be impeached and removed from office.


Since nobody else in America can simply thumb their nose at a subpoena and refuse to appear, where does Trump get off by ignoring lawful processes and by engaging in “contempt of court”? Who does he think he is? Is he suffering from the delusion that because he is President, he can disobey the law? The U.S. is not a monarchy or a dictatorship. Trump is not a king. We have a republic and the rule of law applies to everyone.

What is really impeachable is that Trump issued unlawful orders to his subordinates to disobey subpoenas. Perhaps many of them do not realize that their first obligation is to the Constitution. They do not owe allegiance to Trump. They owe it to their country.

Since Trump blatantly abused his power and violated his oath of office, which is tuphold the Constitution, he should be impeached for his frivolous conduct in disobeying subpoenas. Even the Republican-controlled Supreme Court will not accept a blanket “executive privilege” that allows him to avoid every subpoena.


The domestic emoluments clause says: “The President shall…receive for his services, a compensation…and he shall not receive…any other emolument from the United States or any of them.” Art II, Sec 1 (7). The foreign emoluments clause provides: “…No person holding any office…shall…without the consent of Congress, accept…any present (or) emolument…of any kind whatever from any king, prince or foreign country.” Art I, Sec 9 (8).

Trump was sued under the Foreign Emoluments Clause, because foreign governments and diplomats have been paying rents and other sums at the Trump Tower, Trump’s DC Hotel and Restaurants, and to Trump’s Golf Resorts and International Hotels. One allegation by 30 Senators and 166 Representatives was Trump violated the “without the consent of Congress” language of the emoluments clause. Congress does not know which nations are giving Trump money.

Trump appears not to understand that as President he is to serve the American people and not his own financial interests. While he need not totally divest himself of all holdings, he should have instructed his hotels and resorts to turn away all revenue from foreign countries during his Presidency. He needed to do this to stop receiving their money and to avoid even the appearance of impropriety.

But Trump being Trump, he of course does not see anything wrong with trying to profit from foreign states and leaders. He instead invites them to spend cash at his Mar-a-lago Resort. The Founders like Hamilton were concerned about foreign corruption. Trump’s failure to first get the consent of Congress is a Constitutional violation and a reason for impeachment.


Unlike all previous modern Presidents, Trump not only failed to produce complete income tax and financial records for the years prior to his election, he has also actively sought to block their release in the courts. When the House Oversight Committee sought routine information from the period before Trump became President, he balked and forced the issuance of a subpoena to his accounting firm. After a federal judge ordered the accountants to release the records, Trump appealed and the case is now in the Supreme Court.

This issue is not complicated. A virtuous President would have simply photocopied his records and disclosed them, because he would have nothing to hide. Trump’s evasion refusal to disclose rightfully makes everyone suspicious. Who does he think he is? Trump’s concealment of his records and his refusal to obey subpoenas as to their production is impeachable.


“Trump University” was basically just a real estate seminar, which was sued for various illegal business practices. A class action joined by about 7.000 former students was filed against Trump alleging he defrauded them by using misleading marketing tactics. Their claims were ultimately settled for 25 million in 2016. One fraud was the illegal promotion of the business as a “university.” Since it was not licensed, chartered or accredited, Trump was not legally allowed to promote it as a “university.” He conned more than 5,000 into paying up to $35,000 to get the benefits of his “deal.” Trump was personally found liable for running the fraudulent company without a license. As a tactic to try to remove one judge, Trump said he was “Spanish” or “Mexican” and that he was a “hater.” In fact, Judge Curiel was a U.S. citizen born in Indiana. His parents were Mexican immigrants. Sen. Mitt Romney could not have said it any better, as he stated “Donald Trump is a phony, a fraud. His promises are as worthless as a degree from Trump University.” A man who profits off the backs of students has no virtue. Impeach him.


Trump is a litigious con-artist, speculator and swindler who has for years, improperly used the federal and state court systems to unfairly defraud real estate and business creditors out of contractual sums they are owed. He has been involved in over 3,500 lawsuits, 1,900 as a plaintiff, and 1,450 as a defendant. He also cheated tax authorities by refusing to pay and forcing them to file tax liens against his properties. Trump improperly used the delay inherent in the legal system as a tactic to bully his adversaries into giving up. His long record in this regard shows a total lack of virtue.


As the Founders recognized a need to allow people to escape perpetual debtors’ prison sentences, they gave the Congress the power to establish bankruptcy courts. Art I, Sec 8 (4). While there is nothing wrong with bankruptcy for those who legitimately need it, Trump is a serial filer, who has abused the processes to swindle his creditors.

Trump’s hotels and casinos declared bankruptcy a total of six time between 1991 and 2009. Trump admitted to Newsweek in 2011: “I do play with the bankruptcy law—they’re very good for me” At another time, he said: “I’ve used the laws of this country to pare debt.”

Trump’s six bankruptcy filings included the Trump Taj Mahal (1991); Trump Plaza and Casino, (1992); Plaza Hotel (1992); Trump Castle Hotel and Casino (1992); Trump Hotels and Casino Resorts (2004) and Trump Entertainment Resorts (2009). His other business failures include his New Jersey Generals football team, his Shuttle Airline, and his defunct Trump University.


No long explanation is needed as to the multitude of things Trump has done which justify charges for an “obstruction of justice” and “obstruction of Congress.”


The Constitution does not require the vote of 67 Senators to convict a President on impeachment charges. They may do so with the concurrence “of two-thirds of the members present.” Art I, Sec 3 (6).

Since there are 53 Republicans, 45 Democrats and 2 independents (who caucus with Democrats), the split is effectively 53 to 47. If all 47 in the minority support impeachment, Trump could be removed if 20 Republicans join the Democrats, or if 30 Republicans purposely fail to show up for the vote. Theoretically, Trump could be removed by a vote of 47 to 23.

Although it is probable the Republican-controlled Senate will acquit or otherwise excuse Trump, this reality is no excuse not to vote for Articles of Impeachment in the House as to the above offenses.

Our apprentice President, who is unethical, unprincipled and unscrupulous, totally lacks any redeeming value or virtue, and he should be sent a clear Congressional message, perhaps even he might understand: “Donald, you’re fired!”