TREASONGATE - NO WAY OUT for US Admin - Wake up, America!
citizenspook | 10.10.2005 19:51 | Analysis | Globalisation | Repression
"The issue which has never been litigated before is: Whether civil Officers of the United States, removed from office by conviction in "Cases of Impeachment", who are later tried and punished in criminal courts, can thereafter be pardoned by the President? This report concludes that the Constitution bars any such pardon."
TREASONGATE: A NEW CONSTITUTIONAL DISCOVERY:Pardons May Be Voided For Criminal Prosecutions Flowing From "Cases of Impeachment"
The Constitution Voids Presidential Pardons For Criminal Convictions Or Indictments Flowing From "Cases of Impeachment" Where The Senate Has Voted To Convict.
(the image is only referenced in the Epilogue)
[UPDATED Sept 14, 2005, 7:15 a.m. Substantive additions are in red.]
PROLOGUE: Citizen Spook has timed this report to coincide with John Roberts' confirmation hearings for Chief Justice of The Supreme Court. Roberts' most important function, as far as the Bush White House is concerned, will be to ensure that presidential pardons, issued by Bush in relation to Treasongate offenses, will be upheld by the highest court in the land.
As Chief Justice, Roberts will have the most power to steer the court and to determine which justice will write the court's opinion on controversial topics. While the entire nation focuses on whether Roberts would overturn Roe v. Wade, much more important to the Bush White House is the role Roberts will play in the impending Constitutional crisis over presidential pardons for the Treasongate offenders.
Many readers of this blog have expressed concern that any indictments returned by Patrick Fitzgerald's grand jury(s) will simply be nullified by presidential pardons. Their concern is certainly justified. Generally, the president's power to pardon is virtually unlimited and not subject to judicial review.
However, in researching the issue, I was pleasantly surprised to discover an obscure Constitutional device which insulates certain convictions/indictments from the broad pardon power granted to the president. This never before tested Constitutional process requires the House of Representatives to Impeach and the Senate to convict "civil Officers of the United States" so that pardons of those Officers pertaining to criminal prosecutions flowing from "Cases of Impeachment" can be voided.
The power to Impeach granted to Congress is essential to our Republican system of checks and balances. For what good are checks and balances if they are not employed to maintain the laws of the nation? If Fitzgerald's investigation properly alleges criminal activity by Government Officers involved with Treasongate offenses, Congress must begin Impeachment proceedings to remove those Officers.
The coming Supreme Court battle has never, in the history of American jurisprudence, been tested before. The question presented:
Whether "civil Officers of the United States", including the President and Vice President, can be pardoned for criminal convictions (or indictments prior to conviction) which flow from "Cases of Impeachment" where the Senate has voted to convict?
This issue has never been tested in our entire national history. Actually, I couldn't find a single legal discussion directly on point. No civil Officer of the United States has ever been Impeached in the House of Representatives, convicted in the Senate, then removed from office and successfully prosecuted in a criminal court only to be granted a presidential pardon.
According to the Constitution, "civil Officers of the United States" may be Impeached. So, for purposes of this analysis, we shall assume that various United States Officers, from the President and Vice President to Cabinet members and others in the State and Justice Departments, have committed impeachable offenses. We will also assume that the House has impeached these Officers after Patrick Fitzgerald's investigative report is released and that the Senate has voted to convict and thereafter removed them from office and that Grand Jury indictments have been returned following the Senate's conviction. And finally, we will also assume that the "sitting" president has issued sweeping pardons for every Officer indicted in criminal court.
This analysis will be limited to situations where convictions/indictments occur after House Impeachment and Senate conviction. Assuming indictments are returned by Fitzgerald's grand jury(s) prior to Impeachment, the president, despite the intense political fall out which is guaranteed to occur, may pardon those Officers involved, even himself. But Congress would still have a duty to Impeach those Officers. Assuming such Impeachments are followed by Senate convictions, all of the removed Officers will thereafter be subject to indictment, criminal prosecution and punishment.
Thereafter, according to a fair reading of the Constitution, criminal court indictments, convictions and sentences may not be pardoned when they flow from "Cases of Impeachment" where the Senate had voted to convict.
In order to avoid a double jeopardy defense, the Impeachment process should be completed prior to criminal trial prosecution and conviction. However, indictments alone do not trigger double jeopardy defenses.
It's well established that presidential pardons cannot overturn the "Judgment in Cases of Impeachment". Such "judgment" is directly limited, by the Constitution, to removal from office and disqualification from ever serving as an Officer of the United States.
The issue which has never been litigated before is: Whether civil Officers of the United States, removed from office by conviction in "Cases of Impeachment", who are later tried and punished in criminal courts, can thereafter be pardoned by the President? This report concludes that the Constitution bars any such pardon.
Until now, the White House could take some measure of confidence that, if all else fails, they will fall back on the erroneous public assumption that the broad pardon power granted to the president by the Constitution would shield them from criminal punishment for Treasongate offenses. But a well educated Congress and citizenry will make their illegal plight exponentially more difficult. And that is the purpose of this blog.
The presidential pardon power, when aimed at anything but "Cases of Impeachment", is virtually plenary. But the serious problem the Bush White House now faces is that most of the Treasongate perpetrators are "civil Officers of the Government" and are therefore subject to Impeachment.
Should those Officers be convicted in the Senate, following Impeachment in the House, they will nevertheless also be subject to criminal prosecution and punishment in the form of prison sentences or the death penalty. Those convictions, indictments and sentences which flow from "Cases of Impeachment" may not, according to the Constitution, be pardoned.
more at:-
http://citizenspook.blogspot.com/2005/09/treasongate-new-constitutional.html
The Constitution Voids Presidential Pardons For Criminal Convictions Or Indictments Flowing From "Cases of Impeachment" Where The Senate Has Voted To Convict.
(the image is only referenced in the Epilogue)
[UPDATED Sept 14, 2005, 7:15 a.m. Substantive additions are in red.]
PROLOGUE: Citizen Spook has timed this report to coincide with John Roberts' confirmation hearings for Chief Justice of The Supreme Court. Roberts' most important function, as far as the Bush White House is concerned, will be to ensure that presidential pardons, issued by Bush in relation to Treasongate offenses, will be upheld by the highest court in the land.
As Chief Justice, Roberts will have the most power to steer the court and to determine which justice will write the court's opinion on controversial topics. While the entire nation focuses on whether Roberts would overturn Roe v. Wade, much more important to the Bush White House is the role Roberts will play in the impending Constitutional crisis over presidential pardons for the Treasongate offenders.
Many readers of this blog have expressed concern that any indictments returned by Patrick Fitzgerald's grand jury(s) will simply be nullified by presidential pardons. Their concern is certainly justified. Generally, the president's power to pardon is virtually unlimited and not subject to judicial review.
However, in researching the issue, I was pleasantly surprised to discover an obscure Constitutional device which insulates certain convictions/indictments from the broad pardon power granted to the president. This never before tested Constitutional process requires the House of Representatives to Impeach and the Senate to convict "civil Officers of the United States" so that pardons of those Officers pertaining to criminal prosecutions flowing from "Cases of Impeachment" can be voided.
The power to Impeach granted to Congress is essential to our Republican system of checks and balances. For what good are checks and balances if they are not employed to maintain the laws of the nation? If Fitzgerald's investigation properly alleges criminal activity by Government Officers involved with Treasongate offenses, Congress must begin Impeachment proceedings to remove those Officers.
The coming Supreme Court battle has never, in the history of American jurisprudence, been tested before. The question presented:
Whether "civil Officers of the United States", including the President and Vice President, can be pardoned for criminal convictions (or indictments prior to conviction) which flow from "Cases of Impeachment" where the Senate has voted to convict?
This issue has never been tested in our entire national history. Actually, I couldn't find a single legal discussion directly on point. No civil Officer of the United States has ever been Impeached in the House of Representatives, convicted in the Senate, then removed from office and successfully prosecuted in a criminal court only to be granted a presidential pardon.
According to the Constitution, "civil Officers of the United States" may be Impeached. So, for purposes of this analysis, we shall assume that various United States Officers, from the President and Vice President to Cabinet members and others in the State and Justice Departments, have committed impeachable offenses. We will also assume that the House has impeached these Officers after Patrick Fitzgerald's investigative report is released and that the Senate has voted to convict and thereafter removed them from office and that Grand Jury indictments have been returned following the Senate's conviction. And finally, we will also assume that the "sitting" president has issued sweeping pardons for every Officer indicted in criminal court.
This analysis will be limited to situations where convictions/indictments occur after House Impeachment and Senate conviction. Assuming indictments are returned by Fitzgerald's grand jury(s) prior to Impeachment, the president, despite the intense political fall out which is guaranteed to occur, may pardon those Officers involved, even himself. But Congress would still have a duty to Impeach those Officers. Assuming such Impeachments are followed by Senate convictions, all of the removed Officers will thereafter be subject to indictment, criminal prosecution and punishment.
Thereafter, according to a fair reading of the Constitution, criminal court indictments, convictions and sentences may not be pardoned when they flow from "Cases of Impeachment" where the Senate had voted to convict.
In order to avoid a double jeopardy defense, the Impeachment process should be completed prior to criminal trial prosecution and conviction. However, indictments alone do not trigger double jeopardy defenses.
It's well established that presidential pardons cannot overturn the "Judgment in Cases of Impeachment". Such "judgment" is directly limited, by the Constitution, to removal from office and disqualification from ever serving as an Officer of the United States.
The issue which has never been litigated before is: Whether civil Officers of the United States, removed from office by conviction in "Cases of Impeachment", who are later tried and punished in criminal courts, can thereafter be pardoned by the President? This report concludes that the Constitution bars any such pardon.
Until now, the White House could take some measure of confidence that, if all else fails, they will fall back on the erroneous public assumption that the broad pardon power granted to the president by the Constitution would shield them from criminal punishment for Treasongate offenses. But a well educated Congress and citizenry will make their illegal plight exponentially more difficult. And that is the purpose of this blog.
The presidential pardon power, when aimed at anything but "Cases of Impeachment", is virtually plenary. But the serious problem the Bush White House now faces is that most of the Treasongate perpetrators are "civil Officers of the Government" and are therefore subject to Impeachment.
Should those Officers be convicted in the Senate, following Impeachment in the House, they will nevertheless also be subject to criminal prosecution and punishment in the form of prison sentences or the death penalty. Those convictions, indictments and sentences which flow from "Cases of Impeachment" may not, according to the Constitution, be pardoned.
more at:-
http://citizenspook.blogspot.com/2005/09/treasongate-new-constitutional.html
citizenspook