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OpEdNews Op Eds    H3'ed 10/15/17

My letter to Larry Flynt on Trump Impeachment

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Larry Flynt,

Your grounds for impeachment #s 2 through 6 (plus that of the paragraph that follows them) are already documented by overwhelming, incontrovertible evidence. What is required is to recognize that and to remove from the list the impediment of the ground you have placed as #1 which helps create the illusion of requiring more information, which risks increased militarism, and which could derail this entire impeachment project due to the lack of evidence for any of its central claims.

That's not all that's required. You'll recall that a number of Democrats gave out the idea that they would impeach Bush and end one of his wars if elected in 2006. Once handed the majority they proceeded to do the exact opposite. What's required now is to get clear commitments that Representatives can be held to that they support immediate impeachment and will continue to support it.

Several years back, I led a team of authors drafting articles of impeachment against then-President George W. Bush for then-Congressman Dennis Kucinich. We drafted over 60 and settled on the best 35. Had Congress moved forward, it would not have passed all 35 or convicted on them. But we felt it was important to establish the record and present the options. In fact, I would have preferred to go with more than 35, including a wider range of topics. The fact that someone has abused power in 10 ways should constitute no license to abuse it in an 11th way.I am aware of the general horror of Mike Pence, but a country that impeached and removed presidents would be a very different country in which the next president would have to behave or face impeachment and removal in turn. Fear of the next person will look ever weaker as grounds for allowing the current person to destroy things as he proceeds with his destruction.I'm further aware that Congresswoman Nancy Pelosi's team wants Trump around more than the Republicans do, so that the Democrats can "oppose" him. The task before the public is to compel members of both major parties to impeach, not to sit back and observe them doing so of their own volition.

Although several potential articles of impeachment against Trump stand very strongly on their own, and picking any one of them would be sufficient, the very strongest case for impeachment is a cumulative one. I cannot predict which articles, if any, will gain the most popular or Congressional support. I am, therefore, collecting the strongest ones available at FireDonaldTrump.org. I will add more as the crime wave rolls on. I pushed for impeachment of Bush and of Obama for some similar offenses and some completely different ones. Many of Trump's high crimes and misdemeanors are unprecedented. Most are not identical to the abuses by those who have gone before him.

I. Domestic Emoluments

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 illegally received emoluments from the United States government and from individual state governments.

The Constitutional ban on domestic emoluments is absolute, not waivable by Congress, and not subject to proving any particular corrupting influence.

President Trump's lease of the Old Post Office Building in Washington D.C. violates the General Services Administration lease contract which states: "No " elected official of the Government of the United States " shall be admitted to any share or part of this Lease, or to any benefit that may arise therefrom." The GSA's failure to enforce that contract constitutes an emolument.

Since 1980 Trump and his businesses have garnered, according to the New York Times, "$885 million in tax breaks, grants and other subsidies for luxury apartments, hotels and office buildings in New York." Those subsidies from the state of New York have continued since President Trump took office and constitute emoluments.

In these and many similar 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. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.

II. Foreign Emoluments

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 illegally received emoluments from foreign governments. Foreign emoluments are banned by the U.S. Constitution.

Donald J. Trump's business has licensing deals with two Trump Towers in Istanbul, Turkey. Donald J. Trump has stated: "I have a little conflict of interest, because I have a major, major building in Istanbul."

China's state-owned Industrial and Commercial Bank of China is the largest tenant in Trump Tower in New York City. It is also a major lender to Donald J. Trump. Its rent payments and its loans put President Trump in violation of the U.S. Constitution.

Foreign diplomats, including the Embassy of Kuwait, have changed their Washington D.C. hotel and event reservations to Trump International Hotel following Donald J. Trump's election to public office.

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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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