U.S. Federal Court hits President Barack Hussein Obama with three charges of abuse of office. The charges presented are detailed and damning. The indictments assert that President Obama “acted as a dictator” to exceed his powers of office to appoint officials behind the back of Congress during a recess period.
In a staggering announcement an Associated Press report declared: “President Barack Obama violated the Constitution when he bypassed the Senate last year to appoint three members of the National Labor Relations Board, a federal appeals court ruled Friday.”
Mr. Lyndon Larouche, a well-connected journalist and political activist characterized the court’s assessment as “probably the greatest indictment ever seen on a standing president throughout history.” White House press secretary Jay Carney reacted strongly against the charges declaring, “we believe that the president’s recess appointments are constitutionally sound.” However, the federal court seems to disagree having put in place ” a list of charges presented as conclusions” according to Larouche. The court appears to take the view that no such recess was in place. As such, the president was in violation of Section 5 of Article 1 of the Constitution that stipulates that a president cannot make appointments without the consent of the Senate.
The failed Obama gambit had hoped to apply the section of the Constitution that reads: “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”
The Washington Post reports on the seriousness of this abuse of office, “is more than an unconstitutional attempt to circumvent the Senate’s advise-and-consent role. It is a breathtaking violation of the separation of powers and the duty of comity that the executive owes to Congress.”
Crucially, no other president in history has ever tried to force through such alleged “ recess appointments” while Congress is still in session. The offenses occurred last year when President Obama opted to bypass Congress and unilaterally appoint three people to seats on the National Labor Relations Board . He also made Richard Cordray (pictured with Obama) head of the new Consumer Financial Protection Bureau (after the Senate blocked action on his nomination). Cordray’s appointment, made on the same date, has been challenged in a separate court case.
Lyndon Larouche has characterized the events as probably the worst violation by any sitting president trying to use a “procedural loophole.” Jubilant Republicans are already looking to set in motion impeachment proceedings. Larouche, who studied the court indictments, believes Obama’s offenses are “far graver” than those that led to the impeachment and removal from office of disgraced Republican president, Richard Nixon, after the Watergate scandal.
Should Barack Hussein Obama, the 44th president of the United States, be impeached for high crimes and misdemeanors?
It’s not a question yet being asked or debated in the Big Media. But it is a question being addressed by some members of Congress, by an increasing number of pundits by activists on the left and the right — and for more than one or two alleged constitutional offenses.
Some of those who have broached the subject include Reps. Trent Franks, R-Ariz.; Walter Jones, R-N.C.; Trey Radel, R-Fla.; Steve Stockman; former Rep. Ron Paul, R-Texas; former Rep. Dennis Kucinich, D-Ohio; Fox News’ Mike Huckabee; former assistant U.S. attorney Andrew McCarthy; left-leaning investigative reporter Dave Lindorff; talk-radio host Mark Levin; former House Speaker and presidential candidate Newt Gingrich; author and columnist Pat Buchanan and others.
Article II, Section 4, of the U.S. Constitution states, “The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”
The U.S. House of Representatives has the power to commence impeachment proceedings. If the House adopts an impeachment resolution, the U.S. Senate conducts a trial and determines whether to convict or acquit. If an official is convicted, he or she is removed from the position and may be barred from holding office again. The official may also face criminal prosecution.
Only two U.S. president have been impeached by the House: Andrew Johnson and Bill Clinton. However, both presidents were acquitted in the Senate. President Richard Nixon resigned before the full House had voted on his impeachment.
This powerful legislative check on executive and judicial wrongdoing is reserved for the most egregious offenses against the U.S. Constitution and the republic.
During the debates of the Constitutional Convention in 1787, James Madison explained the requirement for impeachment: “[S]ome provision should be made for defending the community against the incapacity, negligence, or perfidy of the chief magistrate. He might pervert his administration into a scheme of peculation or oppression. He might betray his trust to foreign powers.”
In the Federalist Papers (No. 65), Alexander Hamilton wrote that a president should be impeached for “offenses which proceed from the misconduct of public men, or in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to society itself.”
WND assembled a bipartisan panel of top constitutional experts to evaluate 12 popular arguments for impeaching Obama.
Meet the experts
Constitutional scholar Bruce Fein
Bruce Fein is the legal scholar who is best known for having drafted articles of impeachment against former President Bill Clinton for perjury after he lied under oath about having sexual relations with an intern.
Fein also drafted articles of impeachment against former President George W. Bush and former Vice President Dick Cheney. In 2011, he drew up formal articles of impeachment against President Obama for his use of military action against Libya without congressional authorization.
Fein was a top Justice Department official under the Reagan administration. He graduated with honors from Harvard Law School in 1972. Fein clerked for a prestigious federal court, and has served in top positions in the Office of Legal Counsel and the Office of Legal Policy. He has served as visiting fellow for constitutional studies at the Heritage Foundation, adjunct scholar at the American Enterprise Institute and guest lecturer at the Brookings Institute.
Fein specializes in constitutional and international law and is a frequent witness before Congress. He is chairman of the American Freedom Agenda, founder of Bruce Fein & Associates Inc. and The Lichfield Group and author of “Constitutional Peril: The Life and Death Struggle for our Constitution and Democracy.”
As for his political persuasion, Fein told WND, “I criticized Nixon. I criticized Clinton. I criticized Bush and Cheney. I criticize Obama. I don’t have any reluctance because I view myself as an American first.”
Constitutional scholar Herbert Titus
Herbert Titus, counsel to the law firm William J. Olson, previously taught constitutional law, common law and other subjects for 30 years at five different American Bar Association-approved law schools. From 1986 to 1993, he was the founding dean of the College of Law and Government at Regent University.
And before that, he was a trial attorney and special assistant U.S. attorney with the Department of Justice.
Titus’ degrees are from Harvard and the University of Oregon, and he’s admitted to practice before the U.S. Supreme Court, appellate courts in the 6th, 7th, 9th, 10th and other districts. His practice has taken him into courts more than a dozen different states. He has testified on constitutional issues before Congress. Titus has also testified on state and federal constitutional issues before several state legislatures.
Titus has written numerous articles, book chapters and constitutional studies and analyses. He is author of “God, Man, and Law: The Biblical Principles,” a text on American common law.
Constitutional scholar Louis Fisher
Constitutional expert Louis Fisher is scholar in Residence at the Constitution Project. Previously he worked for four decades at the Library of Congress as senior specialist in separation of powers and specialist in constitutional law. During his service with CRS, he was research director of the House Iran-Contra Committee in 1987, writing major sections of the final report.