Sons of Liberty
No 31
September 12, 1998
The issue before the American People this week has been the actions of the President of
the United States. It can truly be said that, to the rest of the world, the impression of
the President is the impression that will be worn by ALL Americans.
The White House Counsel, in their Preliminary Memorandum Concerning Referral of Office
of Independent Counsel (September 11, 1998), argues that there is no cause for the
impeachment of the President.
Impeachment, as you know, is nothing more than charging someone with an offense,
something done by Grand Juries every day. The determination of innocence, or guilt is to
be determined by the Constitutionally proscribed entity (jury, or in cases of impeachment,
the Senate of the United States).
The mismanagement of government has been left in the hands of the politicians
(attorneys, with their smooth tongues) for far too long. Weigh what the President's
Counsel says verses the words of the Founders, and decide, for yourself, whether what the
President may have done constitutes "such crimes as would so stain a president as to
make his continuance in office dangerous to public order."
The numbered paragraphs are quotes from the Preliminary Memorandum. Other quotes have
their source cited.
3. "High crimes and misdemeanors" had a fixed meaning to the Framers of
our Constitution - it meant wrongs committed against our system of government. The
impeachment clause was designed to protect our country against a President who was using
his official powers against the nation, against the American people, against our society.
It was never designed to allow a political body to force a President from office for a
very personal mistake.
PRELIMINARY MEMORANDUM
CONCERNING REFERRAL OF OFFICE OF INDEPENDENT COUNSEL
A well-constituted court for the trial of impeachments is an object not more to be
desired than difficult to be obtained in a government wholly elective. The subjects of its
jurisdiction are those offences which proceed from the misconduct of public men, or, in
other words, from the abuse or violation of some public trust. They are of a nature which
may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries
done immediately to the society itself. The prosecution of them, for this reason, will
seldom fail to agitate the passions of the whole community, and to divide it into parties
more or less friendly or inimical to the accused. In many cases it will connect itself
with the preexisting factions, and will enlist all their animosities, partialities,
influence, and interest on one side or on the other; and in such cases there will always
be the greatest danger that the decision will be regulated more by the comparative
strength of parties, than by the real demonstrations of innocence or guilt.
Federalist Papers #65,
Alexander Hamilton
4. Remember - this report is based entirely on allegations obtained by a grand jury
- reams and reams of allegations and purported "evidence" that would never be
admitted in court, that has never been seen by the President or his lawyers, and that was
not subject to cross-examination or any other traditional safeguards to ensure its
credibility.
5. Grand juries are not designed to search for truth. They do not and are not
intended to ensure credibility, reliability, or simple fairness. They only exist to
accuse. Yet this is the process that the Independent Counsel has chosen to provide the
"evidence" to write his report.
PRELIMINARY MEMORANDUM
No person shall be held to answer for a capital, or otherwise infamous crime, unless on
a presentment or indictment of a Grand Jury, . . .
Amendment, the Fifth, to
the Constitution
Impeachment is a matter of incomparable gravity. Even to discuss it is
to discuss overturning the electoral will of the people. For this reason, the Framers made
clear, and scholars have long agreed, that the power should be exercised only in the event
of such grave harms to the state as "serious assaults on the integrity of the
processes of government," or "such crimes as would so stain a president as to
make his continuance in office dangerous to public order." Charles L. Black, Impeachment:
A Handbook 38-39 (1974). We do not believe the OIC can identify any conduct remotely
approaching this standard. Instead, from press reports, if true, it appears that the OIC
has dangerously overreached to describe in the most dramatic of terms conduct that not
only is not criminal but is actually proper and lawful.
PRELIMINARY MEMORANDUM
That is why, at the time of the ratification debates, Alexander
Hamilton described impeachment as a "method of NATIONAL INQUEST into the conduct of
public men." The Federalist No. 65 at 331 (Gary Wills ed. 1982). This
"inquest" is perhaps the gravest process known to our Constitution. No act
touches more fundamental questions of constitutional government than does the process of
Presidential impeachment. No act more directly affects the public interest. No act
presents the potential for greater injustice -- injustice both to the Chief Executive and
to the people who elected him.
PRELIMINARY
MEMORANDUM
In the above, I must agree with the President's Counsel. That agreement
appearing to be in disagreement, then, would make the matter partisan, or biased. The only
effectual method of determination of the severity or sufficiency of the "High Crimes
and Misdemeanors" is through the proscribed process known as "Impeachment."
I am surprised that the Counsel 'admits' that " Grand juries
are not designed to search for truth." There are thousands of Americans put
through the ordeal of trial by the judges, every day, as a consequence of Grand Juries. We
truly have come to a dual standard in this country, by the admission of the President,
through his Counsel.
A final thought, are we again entering the world of "legally
correct', in an effort to deceive the People?
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