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Presidential lawlessness

By Jim Killebrew

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[June 04, 2014]  In May I wrote an article published in the Lincoln Daily News about the President's oath that required him to uphold the Constitution of the United States. In that article I wrote, "The President's responsibility is to 'preserve, protect and defend the Constitution of the United States.' The President of the United States is required as a 'High Office' to speak the truth in all matters and is held accountable to do so throughout the length of that individual's term in the Office of President."

Further, I wrote, "The use of the word 'high crimes' does not necessarily mean a crime that is 'more serious' than other crimes. It refers to those punishable offenses that can only be applied to persons in the highest of offices. In the case of the President, because of the official status under which that person holds the office, the standard is meant for that person who holds special obligations that the ordinary person is not under. Examples might be the action, or inaction, taken by the person in such high office."

Finally, "Some might argue that specific actions taken by the President might be seen as 'high crimes' if those actions involved the President's actual knowledge of the dangers of the action and the likely consequences or outcomes of the action relative to the action being a direct threat to the welfare of the citizens of the United States. For example, if the President had prior knowledge of how a subversive group would use various weapons or instruments of war, and that use constituted a direct attack on the sovereignty of the United States with the likely outcome being the death of American citizens, following through with providing such weapons or instruments of war to that subversive group could be construed as committing 'high crimes.'"

It seems evident now that the President decided without the consultation from Congressional input that he in fact did release from security five "instruments of war" by releasing the prisoners back to the Taliban that will in the future likely result in a "direct attack on the sovereignty of the United States with the likely outcome being the death of American citizens." This constitutes committing "high crimes." This is especially true when on 6/3/2014 while the President was in Poland he made statements regarding the future activities of the five top Taliban prisoners he released. He was asked if it was possible the five would re-enter the war zone and again mount attacks on American citizens? He replied, "Absolutely." The President had to know that based on former data regarding recidivism of former prisoners returning to the war effort from the enemy making attacks on Americans, these five would in his words, "Absolutely" return to their former ways and place Americans in grave danger henceforth.

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The President has repeatedly played politics with the Congress of the United States. He politicizes everything, parsing his words even to the point of not telling the truth. There have been countless instances of his end-runs around Congress, unilaterally changing laws without Congressional authority, looking the other way regarding implementing laws such as instituting the "Dream Act" that had been voted down by Congress, changing the laws at least 38 times relative to the implementation of Obamacare.

In addition to the politicizing of issues where the President refuses to notify Congress, there have been many weeks of one scandal after another. The IRS targeting groups the President thinks are a danger to his re-election efforts being investigated and reviewed for months on end to prevent them from having the ability to do their legal business. The NSA collecting meta-data to have available not just about all Americans, but world leaders as well. The fast and furious gun-running scandal that has never been completely investigated. The killing of an American Ambassador and three other Americans in Benghazi that has been met by the Administration with stonewalling the investigation process. The Veterans' Administration Hospital scandal where veterans have died because of "secret waiting lists" and military veterans not receiving the services and treatment needed. And now, this scandal of releasing known affiliates with the Taliban who "absolutely" will return to the war effort siding back with the Taliban to plan and execute attacks on American citizens; all without compliance with the law that required at least a 30-day notice to Congress before it happened.

It appears the politicians seemingly are not doing very much about these issues. The President promised in his 2007 and 2008 run-up to the election of his first term that he was going to "fundamentally change America." He has done that and more. It is time the Congress do something other than accept the politicking and grumble about what he is doing. They have the Constitutional power to take action against a President who appears to be bordering on committing "high crimes." They need to quit the speeches and pontificating and take the action under the Constitution that is required of them. The people of the United States need to insist on it.


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