Thursday, May 11, 2017

Daily Yopp! 5.12.17 - Write an Impeachment Memorial

The Impeachment process begins in the House of Representatives with a formal resolution initiated by a member of the House. As such, there is little we average citizens can do to get the process going.

Or is there?


According to the folks at Impeach for Peace, there may be a way for We the People to have some sway in this matter:
"The rules of the House of Representatives empower individual citizens to initiate the process. The relevant part of the rules is a section called the Jefferson's Manual. It is the section that speaks to the ways impeachment can be initiated. It has been ratified by each congress (including the current one), and has been updated continuously through the history of our democracy. The section covering impeachment lists the acceptable ways for bringing impeachment motions to the floor of the House. 
Before the House Judiciary Committee can put together the Articles of Impeachment (a set of charges against a public official), someone must initiate the impeachment process. Most often, this occurs when members of the House pass a resolution. Another method outlined in the manual, however, is for individual citizens to submit a memorial/petition for impeachment."

Today's Yopp! is to write a Memorial for Impeachment and send it to Congress.

To be frank, this is a longshot. But even as a longshot, this gives a little more legitimacy to our epistolary protests. Technically, the Memorial is a formal document that the member of the House are obligated to respond to per the official rules of the House of Representatives. That doesn't mean that they have to initiate the Articles of Impeachment, but it does mean that they can't just toss the letter in the trash. Also, the letter can be sent to ANY member of the House, including (and especially) the Speaker of the House (see rules below).

Step 1: Copy and paste the text of the sample letter below into the word processor of your choice. Add your name and make other changes as you see fit, and then print as many copies as you plan to send out. (see below)

Step 2: Send signed copies the letter to Speaker of the House Paul Ryan, Minority Leader Nancy Pelosi, and your own representative.

Step 3: Share this Yopp! The more that send a Memorial, the better.

Extra Credit Steps: Send signed copies to as many other representatives as your time and budget allow. Hand deliver copies to their local offices or directly to DC if you can. Send copies of your letter to your local newspaper editor.


SAMPLE LETTER

To the House of Representatives of the United States: 

The petition of [Your Name], a citizen of [Your State], and of the United States, respectfully showeth that in accordance with Jefferson's Manual section LIII, 603; impeachment may be set in motion by charges submitted by a memorial, which is usually referred to a committee for examination. This memorial sets forth that, Donald J. Trump has abused his power as President of the United States of America by:

  • Committing an act of war without first getting congressional approval. Trump ordered the bombing of a Syrian airbase on April 6, 2017 without first following his constitutional duty to get approval from congress. 
  • Obstructing justice by removing Acting Attorney General Sally Yates, U.S. Attorney Preet Bharara, and the Director of the Federal Bureau of Investigations James Comey from office in order to prevent further investigations into matters pertaining to the 2016 presidential election campaign and possible collusion with agents of a foreign nation.
  • Signing an executive order on January 31, 2017 that imposes a selective ban on immigration from seven Muslim-majority countries as well as establishing preferential treatment for refugees seeking asylum who are identified with "minority religions" in their country of origin (these would tend to be Christians). According to the Supreme Court, "the clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another." Trump told Christian Broadcast News that his executive order was intended to give priority to "Christians" seeking asylum over "Muslims," thus violating the Establishment Clause. We also have clear evidence as to his intent prior to signing the executive order, as Trump has made numerous statements indicating his intent including his stated desire to implement a "total and complete shutdown" of Muslim immigration.
  • Failing to divest himself of financial conflicts-of-interest before taking office, as evidenced by his children (as opposed to a blind trust) being in control of his businesses. As a result, Trump's businesses are profiting from his position as president, in violation of the Emoluments Clause of Article I, Section 9 of the Constitution.

Having thus submitted to your honorable body the aforementioned offence(s), observe that it appears that one or both of the following charges to be true:
  • That the said Donald J. Trump has, in their capacity as President of the United States of America, been guilty of usurping a power which the laws of the land did not give them.
  • That said Donald J. Trump has exercised their power, usurped or legitimate, to the detriment of every citizen of the United States.
Wherefore, and inasmuch as the said Donald J. Trump has violated the most sacred and undoubted rights of the inhabitants of these United States, your petitioner asks that the conduct and proceedings in this behalf, of said Donald J. Trump, may be inquired into by your honorable body, and such decision made thereon as to your wisdom and justice shall seem proper. Such consideration to include the appointment of managers to conduct the impeachment trial in the Senate, and to inform the Senate of these facts by resolution (Manual Sec. 607; Deschler Ch 14 Sec. 9) for trial and removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States;

I have the honor to be your obedient servant.

Your Name


CONSTITUTIONAL LAW REGARDING IMPEACHABLE OFFENSES
"The President, Vice President, and all civil Officers of the United States shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other High Crimes and Misdemeanors."

RULES ABOUT PETITIONS AND MEMORIALS
Petitions, memorials, and other papers addressed to the House may be presented by the Speaker as well as by a Member [of Congress] (IV, 3312). Petitions from the country at large are presented by the Speaker in the manner prescribed by the rule (III, 2030; IV, 3318; VII, 1025). A Member [of Congress] may present a petition from the people of a State other than his own (IV, 3315, 3316). The House itself may refer one portion of a petition to one committee and another portion to another committee (IV, 3359, 3360), but ordinarily the reference of a petition does not come before the House itself. A committee may receive a petition only through the House (IV, 4557).  


No comments:

Post a Comment