BY ANDREW LEHENY

As two weeks of testimony conclude in the Donald Trump Impeachment Hearings conclude credible evidence has been confirmed and reconfirmed that Trump sought to extort Ukraine for his own political benefit. Despite this, the Republican Party appears committed in a Senate trial to ignore, in order to promote its own political agenda, this obvious abuse of power by Trump.

To permit consideration of Impeachment of Donald Trump to focus solely on this particular assault on the Constitution appears similar to a District Attorney settling on the pursuit of one criminal count, rather than multiple counts, in regards to expediency of prosecution. In other words, a plea bargain.

Such a course provides Senate Republicans with incentive to find Trump not guilty, knowing they will focus their rationale on just one area of controversy. But to allow History to focus only on one specific item of Constitutional abuse by Trump, because it appears to create a more likely foundation for impeachment, presents a critical danger to our nation. It does not present an accurate description of the challenges of the Trump administration faced by American Citizens and to the perception of our nation as the world’s major power, whose strength is dedicated to ideals of justice and equality.

The consistent chaos of the Trump administration has contributed to controversy over how such acts and behavior infringe upon our Constitution. Historical accuracy demands these issues not be glossed over like some legalistic plea deal. All of Trump’s alleged crimes, and assaults on American ideals, must be addressed. Permitting infringements on our Constitution creates the likelihood a future president will also take liberties with core document of our republic.

Yet, it is critical the American People clearly understand the alleged impeachable offenses of Donald Trump. This is made difficult by the broad range of alleged offenses which could be considered, including acts and statements pertaining to national security, conflicts of interest, foreign entanglements, and profiting from one’s office. It has been argued the 400-plus pages of the Mueller Report was difficult for some to fully understand. How can such confusion be avoided regarding Articles of Impeachment?

In addition to an Article of Impeachment regarding the alleged extortion of Ukraine by Trump for his personal benefit, it is crucial that careful thought is given to the development of at least three or four Articles of Impeachment for Donald Trump that are presented to the American Public in a focused manner.

For example: In violation of Section 9 of the Constitution, Donald J. Trump has sought to redefine the Office of President from that of “chief citizen” to a position with the powers and status of a king, not constrained by Congress or the Judiciary.

Section 9 states “no title of nobility shall be granted by the United States.” Yet, Donald Trump, has ignored lawful subpoenas and challenges our Constitutional ideals. His view appears as one who perceives himself as royalty, not accountable to the laws which govern the citizens of our nation.

Trump’s attorney maintains in court that President Trump may not even be investigated for possible crimes while in office. He similarly argued that if President Trump was publicly witnessed “shooting a person on Fifth Avenue,” he could not be prosecuted until he left office. In addition, Trump has granted security clearances to family members denied clearances. When Trump as President promotes family businesses, and permits family members to represent our nation to foreign entities, and to profit from such exposure, he promotes the concept of a royal family.

Another example of an appropriate Article of Impeachment, which is accurate and provides a focus for consideration of related impeachable acts, is: Donald Trump, by failing to “preserve, protect and defend the Constitution of the United States” has demeaned the Honor and Reputation of our nation.

President Trump has ignored the advice of our nation’s intelligence agencies and accepted, without verification, the discredited advice of foreign entities. He has failed to release his taxes, as legally required, to verify he has no conflict of interest with a foreign entity. He has been careless in protecting US security. Trump has failed to follow the Presidential Records Act and has not used secured personal communication, endangering our national security.

Trump’s belittling of our NATO allies does demean the honor and reputation of our nation. His separation of thousands of children from parents seeking asylum or immigration to the United States has resulted in worldwide scorn. His perceived discrimination of persons of color has been identified as racism by many. Trump’s recent decision to turn our nation’s back on our Kurdish allies, who fought and died alongside our men and women in uniform is an act unworthy of the ideals of our nations.

Each Republication Senator governs his or her heart or conscience. But if they betray our Constitution, the degree of that betrayal must not be minimized by only focusing on a plea bargain of Trump’s Impeachable Acts. Focusing the attention of the Americans on Articles of Impeachment which address Trump’s Impeachable Acts in a clear and understandable manner is critical for the American public now and for how History relates the chaos of Trump

Donald Trump has used chaos to pull the attention of the American People in many directions at once. But a person who robs a thousand banks is still simply a bank robber. What is needed are Articles of Impeachment which present a focus on the alleged offenses, and other related constitutional violations can be considered within this focus.

In summary, the acts of Donald Trump has Corrupted the Office of President of the United States and perhaps that would be the most inclusive Article of Impeachment of all.

By Andrew Leheny

  Misdirection is a common tactic employed by a con man (or woman). The tactic is to guide the attention of the victim of a con away from the con itself.

     It seems everyday Donald Trump does or says something outrageous. I believe this is intentional. This draws the attention of the American people to the chaos he generates, including to the 2020 presidential campaign and which Democratic candidate will challenge him. Evidence indicates this is the daily reality Trump hopes to maintain.

     Both evidence, and Trump’s behavior, point towards a subject he wishes to divert from the consideration of the American public. It is a subject former President Jimmy Carter has addressed. This concern is that Donald Trump is not the legitimate president of the United States and that Trump knows this to be true.

      Former President Carter has assisted developing nations for decades in conducting free and accurate elections. When he says a full investigation would prove Russia (and perhaps others) engineered the 2016 election for Trump, President Carter’s own experience and reputation requires that this be examined.

      I believe President Carter is correct.  The Mueller Report verified Russian intensive interference in our 2016  election, but Robert Mueller was not tasked to determine if the Russian efforts stole the presidency from Hillary Clinton, although despite their attacks she captured 2.9 million more popular votes than Trump. But now we know far more about Russian interference than immediately after the 2016 election.  We also know prior to election day 2016 that Senate Majority Leader Mitch McConnell refused to join with President Barack Obama to warn the American people that the sanctity of our election process was being attacked.     Shortly after Trump’s inauguration GOP Senator Lindsey Graham said Donald Trump was “elected fair and square.” We simply still do not know that is true. The “win” for Trump was a technical one due to our historic reliance on the Electoral College. A total of 78,000 votes from “rust belt” states beat Secretary Clinton’s 2.9 million popular vote margin?  Still questions persist regarding extremely close Rust Belt wins, such as 70,000 Detroit ballots not reading a presidential selection, enabling Trump to “win” Michigan by 28,000 votes.   

       In 2011 then Circuit Court Judge Brett Kavanaugh ruled in Bluman v. Federal Election Commission that it was illegal “for a foreign national to contribute directly or indirectly” to a presidential campaign. Kavanaugh noted our Founding Fathers had an “obsession with foreign influence in our elections derived from a fear that foreign powers and individuals had no basic investment in the well-being” of our democracy.

        Based on our Founding Father’s “obsession”with foreign influence, it is an assault on our Constitution not to verify the sanctity of the 2016 election. If Donald Trump is a “fake” president consider all the unnecessary harm a con for power and wealth has done to our Constitution and nation. Regardless of political party, the Trump Administration has come to represent corruption, hate and racism to our nation.

         I suggest there are two crucial actions which can stop this Trump damage to our nation.

         First, the Founding Fathers placed such dependence on a Free Press for a reason. Corrupt individuals detest truth, and will do all in their power to disguise their desires as an alternate truth. That’s why I suggest the truth of Trump’s legitimacy must not be guided by Trump propaganda, but by truth-finding by journalists.

         Second, my understanding is the Constitution does not address removing an illegitimate president from office, other than by impeachment. However, I believe there is an existing option. 

           The Founding Fathers created the Electoral College as a safeguard against an unfit individual being elected president. With that consideration in mind, the House of Representatives should reconvene the Electoral College to reconsider the 2016 presidential election with the facts as we now understand them. And to re-vote with that knowledge.

            But the first option is key. As corruption seeks to consolidate power only truth can stop it. Journalists, more than ever, are needed to stop the Trump infestation of our nation.  

      Speaker of the House Nancy Pelosi and the Democratic House majority, unless appropriate action is taken soon, may allow what possibly is the greatest con job in American history to continue unpunished.
       Many argue Speaker Pelosi must begin impeachment hearings in order to expose and clarify to American citizens the chaos of assaults Trump has inflicted on the American Constitution.  That I believe is true.  However, there is a critical concern even more important than impeaching Trump, or than which of the two dozen Democratic candidates will challenge him in the 2020 election.  What is critical for Speaker Pelosi is to appoint a bi-partisan special commission to investigate the validity of the Russian hacked 2016 presidential election and if, in fact, Donald Trump is the legitimate President of the United States of America.  
      According to the Mueller Report, Russian interference in the 2016 election was committed in “sweeping and systematic fashion.”  Yet,our nation has not yet verified that Donald Trump is the legal President of the United States, as evidence continues to grow that he is not.
      Many Republicans, such as GOP Senator Lindsey Graham, have commented that Trump won the 2016 election “fair and square.”  But that statement was based on numerous assumptions.  It was determined shortly after the election that although Russian hacking and other interference occurred, actual vote totals were not altered.  But now recent Congressional testimony indicates voting machines can be accessed through the Internet.  The Mueller Report shares polling data was given to Russian officials and specific American voters targeted with “fake news.”  Now, vote totals from two Florida counties have come under increased scrutiny.  In Detroit, considered a strong Democratic leaning city, on election day approximately 70,000 machine-counted ballots were missing a selection for President.  Trump won the State of Michigan by 
only 28,000 votes.
      Trump did not win the popular vote.  He was technically selected as President by the Electoral College by extremely close votes in several rust belt states, which were impacted by Russian hacking, as well as by gerrymandering and GOP voter suppression efforts.  A total of 78,000 votes from “Rust Belt” states secured the technical presidency for Trump despite Hillary Rodham Clinton beating him in the popular vote by 2.9 million ballots.
    When Russian interference was discovered prior to the 2016 election, President Obama sought the support of Senate Majority Leader Mitch McConnell in issuing a bi-partisan warning to the American people about Russia’s efforts to disrupt our 
election.  However, McConnell declined to participate, indicating per published articles that he would describe any such statement as unnecessary and politically motivated.
      Every member of Congress, regardless of political party, takes an Oath to defend the Constitution of the United States of America.  Yet, from the Inauguration of Donald Trump through the 2018 mid-terms, the Republican party has successfully blocked every attempt by the Democratic members of Congress to verify the legitimacy of the 2016 election.  The Democrats have already sought unsuccessfully to establish a bi-partisan commission to examine the 2016 election. The GOP also blocked Democratic attempts to probe Trump’s ties to Russia, and as well as Russian funneling of money through the National Rifle Association to support the election of Trump.  Such obstructionism by the GOP, in my view, contributed to the highly successful Blue Wave which allowed the Democratic Party to once again lead the House of Representatives.
      It has only been five months since the newly elected Democratic members of Congress were sworn into office.  But in a nation in which tea leaves have played a significant role in the forming of our democracy, many individuals who at a minimum 
believe Donald Trump is unfit to serve, strongly feel Speaker Pelosi is reading the tea leaves wrong in terms of delaying an impeachment inquiry.  A nation of resisters have fought too hard against this unfit, and perhaps illegitimate, president to accept 
Speaker Pelosi’s apparent argument that impeachment remains on the table while the House continues accumulating evidence to share with the American public.  But those who maintain the House should honor their Constitutional Oaths because Senate Majority Leader Mitch McConnell is bragging GOP Senators will protect Trump, and not honor theirs, imply to the American public the Democratic Party is operating on political concerns, not for the sake of integrity.
       Because the GOP did not investigate the 2016 election when it held the House and Senate does not mean it is now too late to seek justice. Speaker Pelosi must establish a 2016 election integrity commission, along with the start of impeachment hearings.  To allow Trump to complete a full-term without determining if he is the legitimate POTUS is more than  unacceptable.  It is giving legitimacy to a corrupt administration which may have no right to be “serving” our nation.  
       Ironically, there is a court decision related to foreign involvement in an American election which directly impacts this issue.  In Bluman V. Federal Election Commission (August 8, 2011), then Circuit Court Judge Brett Kavanaugh was considering a case in which a foreign national wished to pay for flyers for President Obama’s 2012 reelection campaign.  The court ruled it was “unlawful for a foreign national, directly or indirectly” to contribute to a presidential campaign.    Judge Kavanaugh noted “money to influence voters and finance campaigns” are “closely related to democratic self-government” and cannot be participated in by foreign nationals.  He continued that Congress should be allowed “to take measures” at “preventing foreign individuals or associations from influencing and thus may be excluded from activities of democratic self-government.”
     Judge Kavanaugh further explained this issue would have been of special concern to the founders of our nation, who Kavanaugh described as having an “obsession with foreign influence in our elections derived from a fear that foreign powers and individuals had no basic investment in the well-being” of our democracy.
     Yet, the Mueller report explains in great detail how Russia established fake American groups for Trump, or against Clinton, and actively interfered in our election for one specific candidate, Trump.  Although specific Russians have been indicted, it is still critical to investigate whether Russian efforts actually won the 2016 election for Trump.  Trump’s own behavior, reflecting a “consciousness of guilt,” and his public praise of Putin over our nation’s own intelligence community, demands that this investigation into the 2016 election occur now.  Our nation must learn whether or not the chaos of the Trump White House was due to an actual decision of the American people, or to a con engineered by the perhaps the most corrupt administration in American history, aided by complicit Republican members of Congress, choosing political power over love of country.  

     It is imperative the House of Representatives do what the GOP-led House refused to do, to defend the Constitution of the United States. Not to permit Trump to blatantly profit from his position. Not to usurp the power of Congress to levy taxes.  Not 
to obstruct the Free Press from doing its job by terming it “Enemy of the People.” Not to, with the support of the GOP, to place unqualified persons into political office with the goal of destroying federal agencies, rather than to responsibly guide them to 
serve the American people.
      It is not an American Ideal to separate children from parents seeking asylum.  It is not an American Ideal that it is alright for children to lay in cells on cold floors, and to be denied even a toothbrush.  Is it an American Ideal to arrest a citizen for sharing water with families crossing a desert in search of asylum?  Is it an American Ideal for a president to praise foreign dictators and yet attack our own public servants?  
     The American People gave the Democratic Party back the House of Representatives in order defend our nation against an unfit leader, who may illegitimately be holding office.  Children are dying.  Families are suffering; and Trump and the complicit GOP are bidding time until 2020.  It’s time to use the tools of the House to defend our nation, and to confront The Fake News King, who may be in fact a fake POTUS.
     No man or woman is above the law.  As a nation which knows its 2016 national election was cyber-attacked to promote, and perhaps “rig” the election of Trump. how can we simply accept assumptions and acquiesce to a tyranny of the minority seeking to guide our nation through fear and hatred? Speaker Pelosi must appoint now a special commission to investigate the illegitimacy of the 2016 election, as well as begin impeachment hearings. But consider if the illegitimacy of the Trump Administration is proven, and begins into question all of the controversial actions and appointments he has made. It may be necessary to reconvene the Electoral College and allow it to consider the relevant evidence as we now know it, and then re-vote if necessary. 
      If the Trump presidency is a con, it is time for the con to end.      

-end-

    By Andy Leheny                                                              

      There is evidence that for Donald Trump his core Con continues, and that if he can keep America distracted, he just might commit the perfect crime.

    Most of America anxiously awaits the actual Mueller report. AG Barr has maintained that a President of the United States cannot obstruct justice, and has in fact said there is not sufficient evidence to prove obstruction.  At least he states this in his remarkably brief review of the reported 300-400 page Mueller Report, not counting graphs and charts.  Except for the sticky problem that most Americans with working brain cells actually witnessed Trump seemingly obstruct justice numerous times.  

    A magician uses distraction to perform his tricks of illusion. Perhaps in the same sense, Trump’s behavior and comments direct the attention of the American public to focus each day of his presidency on the chaos he creates. Each day he paints a landscape of lies to amuse his base and to make his enemies irate. When one commentator recently remarked that the 2020 election is drawing so near perhaps rather than impeachment, it may be best to just wait for the voters to decide; it is entirely possible that this may be exactly what Trump desires.

   Whether or not Barr is seeking to scrub the Mueller report of inconvenient facts to protect Trump, why is Trump even POTUS? Why hasn’t the 2016 election been invalidated because of Russian targeting of US voters? Why has the GOP blocked legal action against this attack on our nation? Ironically, a critical roadblock to voting for Donald Trump in the 2020 election may directly involve Supreme Court Justice Brett Kavanaugh, Trump’s own nominee. Consider, hypothetically, a presidential candidate knowingly accepts the help of a foreign nation in an attempt to “rig” the presidential election. The candidate is aware this nation has hacked, or stolen, campaign related e-mails from his opponent and his or her political party. In addition, the “rigging” candidate knows the foreign nation has obtained voter data, which it will use in targeting sufficient voters in key states with “fake news” about his opponent; false information which hopefully will motivate voters from his opponent to him. As an act of misdirection, this candidate accuses his opponent of “rigging” the election; projecting his very own crime upon his adversary.

     The similarity of this hypothetical to the 2016 Clinton-Trump election is intentional. From when the Russian hacking was first suspected, our national focus was on did it happen verus did it swing the election. Yet, our nation has never made the necessary effort to thoroughly investigate the 2016 election. 

    Although we knew following the election that Hillary Clinton received nearly three million more popular votes than Trump, only about 78,000 votes from several rust belt states secured Trump a technical electoral college victory. As most Americans know, Senator Majority Mitch McConnell refused to join with President Obama pre-election to warn the nation of what was occurring. Senator McConnell threatened to claim to the nation that Obama’s action was politically motivated. The impact of Trump’s own “rigging” claims, along with the general belief Clinton would win, contributed to the success of what many view as a Trump con.
 

   Although Barr, without sharing documentation, is maintaining there is not enough evidence to prove Trump collusion with Russia, millions of Americans have seen direct evidence, and plenty of circumstantial evidence that dispute this. It would be a constitutional tragedy for our nation not to thoroughly investigate the 2016 election. Not to do so, would create a set of circumstances that, if Trump is not legitimately president, he could escape any punishment and perhaps have committed the perfect crime. A key problem is a Department of Justice opinion from the Nixon administration, which maintains a sitting president may not be indicted. It stems from the ultimate resignation of Vice President Spiro Agnew over decades of crime. An opinion was created by the Department of Justice that a vice president could be indicted while in office because his or her duties would be far less than a president’s. However, the opinion that a sitting president could not be indicted was strongly disputed by the then Watergate Special Prosecutor. 

     Based on this opinion, an individual who achieved the presidency through fraud and other illegalities would receive the protections of the presidency while not actually being the legitimate president. That is irrational and never would have been the intention of the Founding Fathers. Worse yet, if through foreign intervention an illegitimate president is serving in the office, he or she, if they sought a second term and won, could see their liability for their crimes be wiped clean by the expiration of the statues of limitation. It would be the perfect crime. 

     But shouldn’t existing law stop this from occurring? There is a case involving Supreme Court Justice Brett Kavanaugh which concerns this. Then Circuit Court Judge Kavanaugh, on August 8, 2011,  wrote the “Memorandum Opinion” in Bluman V. Federal Election Commission. Circuit Judge Kavanaugh wrote that it was “unlawful for a foreign national, directly or indirectly, to make…..(C). an expenditure, independent expenditure; or disbursement for an electioneering communication.” The opinion referenced the desire of a foreign national to pay for flyers for President Barack Obama’s 2012 presidential campaign. The opinion also refers to “express-advocacy expenditures”, such as advertisements related to a federal election campaign, not be permitted by a foreign influence. 
     Circuit Judge Kavanaugh noted that “money to influence voters and finance campaigns” are “closely related to democratic self-government” and cannot be participated by foreign nationals, or by implication, foreign influence. Judge Kavanaugh continued that Congress could be allowed “to take measures” at “preventing foreign individuals or associations from influencing our Nation’s political process.” These foreign individuals, said Kavanaugh, “do not have a constitutional right to participate in, and thus may be excluded from activities of democratic self-government.” 

     Circuit Judge Kavanaugh stressed that such foreign influence in our elections would have been of great concern to the Framers, “whose obsession with foreign influence derived from a fear that foreign powers and individuals had no basic investment in the well-being of the (our) country.” Yet, we now know how extensive the influence of fake advertising, and fraudulent pro-Trump rallies actually funded by Russian sources, had been. We now know how extensive was Russian access to state voter information, and that targeting did in fact occur. So knowing what we do, it appears at a minimum the 2016 presidential election would need to be nullified. A much deeper investigation would be required by Congress of the 2016 election, and because there is evidence (sufficient or not) that Donald Trump campaign did conspire with Russia, then due to the fraud which occurred, Hillary Clinton is legitimately our 45th President.

      Although this would be a difficult challenge for our nation to face, we are a strong people. I would suggest temporary joint leadership from our two past presidents, Presidents Bush and Obama, presents the ability to lead us through this national crisis. 

   We cannot rebuild our nation from the harm it has suffered from the actions and words of Donald Trump if we turn our backs on the injustices of the 2016 election. Trump creates chaos to redirect our vision from the truth. Foreign influence should have required, at a minimum, the  invalidation of the 2016 presidential election. But if Barr has permitted his personal opinion to outweigh the role of the House of Representatives in determining what action, if any, is merited against Trump.    No POTUS should be above the law, and be permitted, through fraud, to commit the perfect crime.

                                                                   -end-

                                                                                                                                                                
   

                   

Thanks for joining me!

Good company in a journey makes the way seem shorter. — Izaak Walton