Why is the Constitution and the Rule of Law Being Ignored?

By

       George Sontag

    

      The most important unique aspect of the Constitution is the separation of powers. No other country has the strict separation of powers that the U.S. does. Under our Constitution, the Congress writes the laws, the president enforces them and the courts interpret them; and those powers and functions may not constitutionally be mixed or exchanged. Liberals don’t believe in the Constitution unless it suits their agenda. Typically they deny this, but that’s exactly what a “living” Constitution means. You make it up as you go along. The Founders foresaw the instability and danger that would be created by this approach, which is why they wanted us to be a Constitutional Republic, not a democracy. Unfortunately, America has in many ways already become a post-constitutional democracy and we’re one liberal judge away from abandoning the Constitution altogether.

      Donald Trump is a president like no other. He is unpredictable and somewhat erratic, and his stridency and ill-tempered outbursts are not what Americans expect of their presidents. But there is nothing unconstitutional, or even irrational about his use of social media and his aggressive tendency to counterattack. He doesn't play by the rules of the Shadow Government and they want him gone.

      We are witnessing a scandal that is far, far worse than Watergate. What is being exposed now is an attempt by our highest law enforcement agency working in concert with our intelligence agencies and, evidently, the blessing of the former administration itself to block the candidate of the opposing party, even to defraud and

spy on him, and make it impossible for him to govern. This is the stuff of high treason of a type not imaginable to almost all of us in our lifetimes as American citizens. The American public, who believe in the Constitution, who believe in the Rule of Law, now see it under attack.

      According to law professor Steven Calabresi the appointment of special counsel Robert Mueller was unconstitutional. The Appointments Clause in the Constitution requires that principal officers must be nominated by the president and confirmed by the Senate. Given the power that Mueller is exercising and the fact that Deputy Attorney General Rod Rosenstein is not supervising his work directly, it is inaccurate to classify him as an “inferior officer” in the Department of Justice. He qualifies as a “principal officer,” a class of federal official like a United States attorney that the Supreme Court has ruled must be appointed by the president and confirmed with consent of the U.S. Senate. Therefore, every action he has taken under the scope of his investigation with powers granted to him by the DOJ is illegitimate, since his very powers are illegitimate.

• The main thrust of this 'investigation is collusion, but collusion is not a crime. The law guiding the establishment of a special counsel requires that a specific crime is investigated. Collusion is not part of any United States statutory law, except for anti-trust issues.

• Rosenstein appointed Mueller to investigate allegations of collusion between the Trump campaign and Russia. Since these allegations are not a crime, Mueller’s appointment is not in line with the law governing the special counsel.

• The prosecutor has a conflict of interest and U.S. law requires Mueller to disqualify himself if he has “a personal relationship with any person substantially involved in the investigation or prosecution.” Since Mueller has been a long-time colleague and friend of former FBI Director James Comey, a conflict of interest was created when the special counsel expanded his investigation to include the possibility that Trump obstructed justice in firing Comey. 

   

• Special Counsel Robert Mueller’s use of a subpoena to require testimony by the president would violate the separation of powers in the Constitution and is an abuse of the grand jury process.

• Mueller’s proposed questions for President Trump in the special counsel’s wide-ranging investigation of Russian interference in the 2016 presidential election would violate Article II of the Constitution and executive privilege. Also, providing the legislature with testimony obtained from an executive branch grand jury subpoena also violates the Constitution’s separation of powers.

• The substance of the recently leaked list of questions that Special Counsel Mueller outlined for President Trump’s counsel is also in violation of the Constitution and executive privilege. Not one of the questions passes requirements mandated by the Constitution and case law defining executive privilege.

• Any question about firing FBI Director James Comey or obtaining National Security Adviser Michael Flynn’s resignation violates the president’s Article II authority to have vested in him “all executive power.”

• Numerous questions deal with the deliberative process, such as how were the decisions made to request the resignation of Flynn and to fire Comey. Some request information about the president’s discussions with White House Counsel Don McGahn. The answers to these questions all involve the decision-making process and, as such, are clearly covered by executive privilege.

• The president is not readily available to be interviewed under established case law. There must be a “demonstrated, specific need for evidence in a pending criminal trial,” which courts have defined as evidence that is material to the matter at issue and not available elsewhere with due diligence.

• No court has ever ruled that a president may be subpoenaed to testify in a criminal proceeding involving his own conduct and here’s a simple fact that Mueller chooses to ignore: A sitting president cannot be indicted.

 

   The Framers understood that throughout history, the real threat to God-given liberty had been centralized, unchecked governmental power. As such, they crafted our system in a way to limit the consolidation of that

power, especially in the federal government. These 'men in the shadows,” these criminals, who have control of the media, have hood-winked and brain-washed Americans to turn a blind eye to the illegitimacy of this dangerous attack on the Constitution and America itself.

   Thomas Jefferson warned: “The two enemies of the government are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become a legalized version of the first.”