“Russia, if you’re listening, I hope you are able to find….”
—Donald Trump (2016)
“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”
—U.S. Const., art. III, § 3, cl. 1
“Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.”
—18 U.S. Code § 2381 – Treason
“Words which, ordinarily and in many places, would be within the freedom of speech protected by the First Amendment may become subject to prohibition when of such a nature and used in such circumstances as to create a clear and present danger that they will bring about the substantive evils which Congress has a right to prevent.”
—Schenck v. United States, 249 U.S. 47 (1919)
“I, Barack Hussein Obama, do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States, so help me God.”
—Barack Obama (2013)
“Whoever having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.”
—18 U.S. Code § 1621 – Perjury
“The Obama administration responded with several warnings to Moscow, but tempered its response…
Administration officials told the Committee that they did not want the response to Russian election interference to be seen as a politically motivated….”
—U.S. Senate (2020)
WE THE AMERICAN PEOPLE would have never arrived at this point of such extreme uncertainty for our domestic tranquility, more divided than any other time since the Civil War, if Barack Obama had simply executed the law faithfully like he swore to do, so help him God.
He swore a solemn oath to take care that the laws be faithfully executed but then committed perjury by letting his political motivation overrule his constitutional duty, when he subscribed to overlook Donald Trump’s clear and present crime of explicitly committing treason, thus dispensing of the law willfully and contrary to the presidential oath of office that he took. It’s a prerogative that hasn’t even been granted to the most powerful monarch in the world, according to “Blackstone’s Commentaries on the Laws of England” published in 1765:
“It is declared, that the pretended power of suspending, or DISPENSING with laws, or the execution of laws, by regal authority without consent of parliament, is illegal [emphasis added].”
In his 1798 comments on “A View of the Conduct of the Executive of the United States,” George Washington even said that a president “dispensing with important articles” of law passed by Congress is an impeachable offense.
I realize that there will be the inevitable detractors of my argument in the form of those political partisans and media elite across the political spectrum, who have done well for themselves in this highly divisive environment and who will undoubtedly be embarrassed by exposure of their own ignorance or negligence or both.
Any potential rebuttal from detractors to refute my argument’s claims against Donald Trump and Obama would be esoteric at best. Using the standard Toulmin method of argumentation, I CLAIM that Trump committed treason and Obama perjury, based on the GROUNDS of their respective, explicit behavior through the conduct of speech. For BACKING in Trump’s case, I refer to the civil law prescribing the behavior that results in the Offer and Acceptance in Formation of Contract (§ 2-206), the criminal law against Treason (U.S. Const., art. III, § 3, cl. 1), and the famous 1919 Supreme Court ruling stating that the First Amendment does not protect speech intended to result in a crime with clear and present danger (Schenck v. United States, 249 U.S. 47). My BACKING in the argument against Obama’s behavior is the above-stated criminal statute against perjury (18 U.S. Code § 1621).
It’s not like want to ordain and establish new rules and methods for our government, but rather to keep alive our founding principles and thus the virtue of Congress to execute against transgressions upon the delicate but robust balance of power provided for in our most exceptional U.S. Constitution. The only alternative is to continue blindly along the nation’s current, downward trajectory via moral, patriotic, and political decay from within to the advantage of any potential adversary.
CNN reported that Obama specifically requested to end his 2013 presidential oath with the words “So help me God,” inviting divine retribution for proving false to his word, which the First Amendment clearly states is beyond congressional jurisdiction.
But ironically, as if a gift from the divine for the legal retribution that both Trump and Obama deserve for their complicit behavior in support of foreign interference during the 2016 presidential campaign, President Washington did issue the following warning on his very last day in office:
“Contention in elections will take place; and whilst it is confined to our own citizens it is not to be regreted; but severely indeed ought it to be reprobated when occasioned by foreign machinations.”
Establish justice. Build forth better.
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