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ler report impeachment based on mueller report mueller was not authorized to present a bill of indictment based on reported findings of fact in his report however we can create a bill of indictment or impeachment based on those findings the fact elements in the report are stated in biased language which is normal for prosecutors seeking grand jury indictment but if restated without the spin do they describe obstruction of justice or any constitutional federal crime no they do not first obstruction of justice is a common law crime us v hudson 1812 correctly decided that the constitution did not authorize congress to define and punish common law crimes prosecution for a statute obstruction is unconstitutional it is not a law common law crimes include perjury fraud contumacy failure to file returns and pay taxes private interference in interstate commerce murder assault rape robbery and conspiracy the only common law crimes over which congress was granted authority to prosecute were treason piracy felony on the high seas and offenses against the law of nations which includes regulation of immigration it was not granted authority to pass laws to prosecute for sedition so 18 u s c 1001 is unconstitutional but the offense involved is not perjury but fraud lying without being under oath all of the high crimes cited in the constitution are common law crimes but citing them there makes them ground for impeachment and removal the question of impeachment turns on the meaning of the phrase in the constitution at art ii sec 4 treason bribery or other high crimes and misdemeanors i have carefully researched the origin of the phrase high crimes and misdemeanors and its meaning to the framers and found that the key to understanding it is the word high it does not mean more serious it refers to those punishable offenses that only apply to high persons that is to public officials those who because of their official status are under special obligations that ordinary persons are not under and which could not be meaningfully applied or justly punished if committed by ordinary persons offenses of this kind survive today in the uniform code of military justice it recognizes as punishable offenses such things as perjury of oath refusal to obey orders abuse of authority dereliction of duty failure to supervise moral turpitude and conduct unbecoming these would not be offenses if committed by a civilian with no official position but they are offenses which bear on the subject s fitness for the duties he holds which he is bound by oath or affirmation to perform perjury is usually defined as lying under oath that is not quite right the original meaning was violation of one s oath or affirmation the word perjury is usually defined today as lying under oath about a material matter but that is not its original or complete meaning which is violation of an oath we can see this by consulting the original latin from which the term comes from an elementary latin dictionary by charlton t lewis 1895 note that the letter j is the letter i in latin periurium i n a false oath perjury periurus adj oath breaking false to vows perjured iuro avi atus are to swear take an oath iurator oris m a swearer iuratus adj sworn under oath bound by an oath ius iuris that which is binding right justice duty per iv of means or manner through by by means of under pretense of by the pretext of by art ii sec 1 cl 8 the president must swear i do solemnly swear or affirm 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 he is bound by this oath in all matters until he leaves office no additional oath is needed to bind him to tell the truth in anything he says as telling the truth is pursuant to all matters except perhaps those relating to national security any public statement is perjury if it is a lie and not necessary to deceive an enemy when a person takes an oath or affirmation before giving testimony he is assuming the role of an official that of witness under oath for the duration of his testimony that official position entails a special obligation to tell the truth the whole truth and nothing but the truth and in that capacity one is punishable in a way he would not be as an ordinary person not under oath therefore perjury is a high crime but without an oath lying is not perjury but the common law offense of fraud an official such as the president does not need to take a special oath to become subject to the penalties of perjury he took an oath by art ii sec 1 cl 8 to faithfully execute the office of president of the united states and to preserve protect and defend the constitution of the united states to the best of his ability while he holds that office he is always under oath and lying at any time constitutes perjury if it is not justified for national security independent counsel kenneth starr erred in presenting in his referral only those offenses which could be laid at the feet of the president he functioned like a prosecutor of an offense against criminal statutes that apply to ordinary persons and are provable by the standards of proof beyond a reasonable doubt that is not to say that such offenses are not also high crimes or misdemeanors when committed by an official bound by oath most such offenses are but high crimes and misdemeanors also includes other offenses applicable only to a public official for which the standard is preponderance of evidence holding a particular office of trust is not a right but a privilege and removal from such office is not a punishment disablement of the right to hold any office in the future would be a punishment and therefore the standards of proof beyond a reasonable doubt would apply before that ruling could be imposed by the senate it should be noted however that when an offense against a statute is also a high crime or misdemeanor it may be and usually is referred to by a different name when considered as such thus an offense like obstruction of justice or subornation of perjury may become abuse of authority when done by an official bound by oath as such it would be grounds for impeachment and removal from office but would be punishable by its statutory name once the official is out of office an executive official is ultimately responsible for any failures of his subordinates and for their violations of the oath he and they took which means violations of the constitution and the rights of persons it is not necessary to be able to prove that such failures or violations occurred at his instigation or with his knowledge to be able in starr s words to lay them at the feet of the president it is sufficient to show on the preponderance of evidence that the president was aware of misconduct on the part of his subordinates or should have been and failed to do all he could to remedy the misconduct including termination and prosecution of the subordinates and compensation for the victims or their heirs the president s subordinates include everyone in the executive branch and their agents and contractors it is not limited to those over whom he has direct supervision he is not protected by plausible deniability he is legally responsible for everything that everyone in the executive branch is doing therefore the appropriate subject matter for an impeachment and removal proceeding is the full range of offenses against the constitution and against the rights of persons committed by subordinate officials and their agents which have not been adequately investigated or remedied the massacre at waco the assault at ruby ridge and many many other illegal or excessive assaults by federal agents and the failure of the president to take action against the offenders is more than enough to justify impeachment and removal from office on grounds of dereliction of duty to these we could add the many suspicious incidents that indicate covered up crimes by federal agents including the suspicious deaths of persons suspected of being knowledgeable of wrongdoing by the president or others in the executive branch or its contractors the impeachment and removal process should be a debate on the entire field of proven and suspected misconduct by federal officials and agents under this president and if judged to have been excessive by reasonable standards to be grounds for removal even if direct complicity cannot be shown so mueller could not constitutionally present a bill of indictment for offenses not prosecutable by law could he have presented a bill of impeachment high crimes don t have to be federal felonies he was not authorized to do that we can extract the fact descriptions and insert them in a bill of impeachment it would just be a change of labels but do those facts describe high crimes no they do not congress may not condemn as high crimes any behavior it dislikes it has been said there are ten instances of actions that might be held to be impeachable but actions such as removal of a prosecutor in the executive branch is not one of hem such removal does doe end an investigation or prosecution prosecutors can be replaced in the normal course and ultimately anyone may step in to perform such duties we can infer corrupt intent but intent does not make an innocent act a crime one can comb his hair with corrupt intent but that would not make the haircombing a crime such intent might be conduct unbecoming or moral turpitude but it would be difficult for such action to be anything but a minor misdemeanor or so serious as to justify removal from office technical offenses are not enough nor being unlikable the rules for impeachment demand that the offenses be extremely serious removal is too severe to be supported by minor offenses that is why conviction requires a two thirds vote of the senate only a simple majority in the house is sufficient to impeach nor is impeachment likely to defeat an incumbent in an election the example of bill clinton showed that lying about having sex was not deemed serious enough by the public the key distinction is between mens rea criminal intent and actus reus criminal act criminal intent alone cannot make an act criminal it must cause injury at about the same time causation harm and concurrence are the other three elements of a common law crime more to the point the public will not accept such innocent acts being charged as crimes ordinary or high posted by jon roland at 13 27 no comments 2019 05 05 preparing for coming jubilee event a jubilee event is a general cancellation or repudiation either of all debt or of all national debt the current accounts national debt in the us is about 25 trillion the unfunded obligations debt exceeds that by an order of ten or more a jubilee is based on the ancient jewish law halakah of shmita according to which personal debt is to be collected or cancelled every seven years the land left fallow for a year and slaves freed the jubilee is a more severe version of this every 49 years that law also prescribed leaving land fallow for a year and suspending the slaughter of livestock during that year although wild game could be taken the poor could glean the fields and orchards many are warning that the national debt of the u s and other nations can never be paid almost every nation is engaged in deficit spending and the rapid increase of debt now in principle if a high enough economic growth could be sustained for long enough holding taxes at the same level the current accounts debt could be paid off but that seems unsustainable for the time that would be required the alternative is likely to be economic collapse and hyperinflation such as that now happening in venezuela and may soon happen in every industrial nation if the u s economy grows at a high enough rate with constant taxes it can eventually pay off its debt now more than 25 trillion in current account for the u s but there are perhaps ten times that in all unfunded obligations a annual gdp growth rate of more than 3 might do that for current account debt in as little as 30 years but there is no way the world as a whole can sustain that rate of growth national debt is not just a matter of individual nations the entire planet is in the same predicament much has been written about the feared jubilee event in which the us either either defaults on or repudiates its debt for example porter stansberry in his book american jubilee a national nightmare is closer than you think in which he expects it to be a disaster for all but a few elites james rickards develops the same topic in t he road to ruin the global elites secret plan for the next financial crisis and in the death of mone y the coming collapse of the international monetary system however most of the suggested strategies are to hoard gold or silver which will little avail us in the disaster they foresee there are not enough places for preppers to escape to or hide their gold in a little silver or gold might be useful for trading immediately with people already dealing in them but don t plan to save large investments like iras or 401ks or to have institutions holding silver or gold backed funds to survive confiscation and there will be confiscation including from private hoarders of such metals are you prepared to resist a knock on the door probably not hide everything and don t leave any maps lying around stock up on weapons ammunition and foodstuffs and hide those as well it may also help to have defensible land with good soil and a good supply of water robert wenzel wrote about this in his june 1992 article repudiating the national debt which appeared in chronicles and was reprinted by the mises institute but the subject was discussed as far back as 1960 by milton friedman in a draft of actual legislation the monetary reform act plus some constitutional amendments reprinted in money masters the problem with all of these writings i that none of them offer strategies ordinary people or governments can use to prepare some are trying to prepare but those preparations are likely to be useless except perhaps for military personnel sheltering in deep underground military dumb bunkers some of the elites might be able to avail themselves of some of those but probably not most of the ones who think they are prepared imagine that you wake up one morning the banks and atms don t work your accounts have all been seized utilities are all being shut down there is no fuel available to keep vehicles operating supermarket shelves are empty the doors of prisons are thrown open and you run out of food water wood and ammunition you suddenly find yourself trying to live under frontier conditions in an urban environment with no game or fish and few sources of water now imagine even the elite trying to live through all that a jubilee or collapse is can t be put off that is what national government have been trying to do but eventually kicking the can down the road will stop workin...