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OpEdNews Op Eds    H1'ed 4/19/19

The 20 Surest Paths to Impeachment

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12. Failure to Reasonably Prepare for or Respond to Hurricanes Harvey and Maria
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, which was established to "provide for the common defense," and in violation of his constitutional duty under Article II, Section 1 of the Constitution "to take care that the laws be faithfully executed," has failed to reasonably prepare for events like Hurricane Harvey and Hurricane Maria or to adequately respond to those hurricanes.

The Federal Emergency Management Agency (FEMA) was without a new director until June 2017. The National Hurricane Center was without a head from May 2017 through the time of Hurricane Harvey in August. On August 15, 2017, President Trump issued an executive order that rejected the Federal Flood Risk Management Standard, which had been established by executive order in 2015, and which required that infrastructure be built to withstand flooding. He already had disbanded the Advisory Committee for the Sustained National Climate Assessment, and withdrawn the United States from the Paris climate agreement. When Hurricane Harvey hit, President Donald Trump did not engage in rescue and recovery operations on the scale required. His subordinates at FEMA proposed that private individuals fund and perform those tasks on their own.

When Hurricane Maria hit Puerto Rico in September 2017, and for the months that followed, President Trump refused significant aid, despite widespread devastation, lack of electricity, and lack of medical care that, according to a study published in the New England Journal of Medicine in May 2018, left over 4,600 people dead. For weeks Trump even blocked aid to Puerto Rico from other nations, refusing to waive the Jones Act as he had done following Hurricane Harvey, even as numerous experts predicted the sort of death and suffering that resulted.

By these actions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States and the world. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office. (back to top)

13. Separating Children and Infants from Families
In his conduct while President of the United States, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution "to take care that the laws be faithfully executed," has overseen the work of his subordinates who have forcibly separated thousands of refugee children and infants from their families, imprisoned them in inhumane conditions including on military bases and in the private facilities of military contractors, denied access to these sites sought by members of Congress, failed to meet or even to plausibly attempt to meet a court-imposed deadline to reunite children with their families, and defended these policies with hate-inspiring rhetoric almost certainly resulting in additional violence and cruelty by government employees and private individuals alike (see also Article of Impeachment on "Incitement of Violence").

In these actions, Donald J. Trump has abused his high office and violated numerous legal requirements in an explicit effort to punish and deter people who in many cases stand accused of no legal violations themselves, and in other cases are accused of a misdemeanor. These actions by President Trump have violated the Universal Declaration of Human Rights to which the United States is party, the Convention on the Rights of the Child to which every other nation on earth is party, the Eighth Amendment to the U.S. Constitution, and the Due Process clause of the Fifth Amendment to the U.S. Constitution. The U.S. Supreme Court has maintained that "the interest of parents in the care, custody, and control of their children is perhaps the oldest of the fundamental liberty interests recognized by [the] Court." President Trump's subsequent Executive Order stating that families would be imprisoned as groups, rather than being separated, would have failed to bring him into compliance with international law or the Constitution even if implemented.

On September 6, 2018, the Trump administration announced a new rule that would allow immigrant children with their parents to be imprisoned indefinitely, in violation of a 1997 court settlement agreement that limits the imprisonment of children to 20 days.

In these actions and decisions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States and people seeking asylum and refuge in the United States. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.(back to top)

14. Illegally Attempting to Influence an Election
While campaigning for the office of President of the United States, Donald J. Trump, according to the sworn testimony and the guilty plea of his attorney Michael Cohen, engaged in a criminal conspiracy to buy the silence of individuals, and did so with the intent of influencing the election and in violation of campaign finance laws.

On August 21, 2018, Cohen admitted in federal court that he had paid Stormy Daniels and Karen McDougal to silence them before the 2016 election at Donald J. Trump's "direction." Cohen said he acted "in coordination with and at the direction of a candidate for federal office" and "for the principal purpose of influencing the election." This testimony implicates Donald J. Trump in the crime of conspiring to make an excessive and illegal campaign contribution. It also implicates him in the high crime and misdemeanor of attempting to fraudulently influence and quite possibly successfully influence the outcome of a U.S. presidential election. As President, he lied about and tried to cover-up his wrongdoing.

In this action, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.(back to top)

15. Tax Fraud and Public Misrepresentation
In his conduct prior to assuming the office of President of the United States, Donald J. Trump engaged in extensive tax fraud which served as the basis for his dramatic misrepresentation to the public of his accomplishments.

According to evidence and documentation made public by the New York Times and not countered by President Trump, he and his siblings committed numerous felonies in the course of obtaining wealth from their father while paying approximately 5% rather than the 55% in taxes that the law required.

They did this, in part, by undervaluing properties, a crime known as appraisal fraud. Donald Trump and his siblings claimed that properties given them by their father were worth $41.4 million, but sold those properties for over 16 times that amount during the next decade.

Another crime employed was transfer pricing. Trump and his siblings massively overcharged their father's companies for largely nonexistent services in order to both obtain his wealth and reduce his profits. The reduction in profits allowed Trump's father to increase the rent he charged people for publicly subsidized, rent-controlled properties.

Through these and other fraudulent activities, Donald Trump was made wealthy by the transfer of money from his father. In the analysis of one expert, if Trump had simply invested that money in a simple investment fund, he would now have the $10 billion he falsely claimed to have as a candidate for president. In reality, Trump lost a fortune through business failures. As a candidate, however, by lying about his wealth and the origins of his wealth, Donald Trump misled voters to believe that, while he had no political record he did have a very successful business record. Trump falsely claimed to have received only $1 million from his father which he had been required to pay back "with interest."

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David Swanson is the author of "When the World Outlawed War," "War Is A Lie" and "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union." He blogs at http://davidswanson.org and http://warisacrime.org and works for the online (more...)
 
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