Assault on the Constitution Ignored

 

By

M. Richard Maxson

     The separation of powers is a model for the governance of a state. The Founders made sure that no one entity could take control of their new country. Under this model, a state's government is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The Constitution calls for three branches: a legislature, an executive, and a judiciary, which is the trias politica model. 
 
      Separation of powers, therefore, refers to the division of responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent of separation of powers is to prevent the concentration of unchecked power and to provide for checks and balances to avoid autocracy. The Democratic party seems to have forgotten this or just has so much disdain for our form of government, they just don't care. Their latest attempt to illegally regain power should send a shiver down the spine of every American.

      Before proceeding further, a few points of clarification. The legislative branch has a hierarchy. High ranking senators and representatives meet in a committee known as the 'gang of eight.” Currently these members are:

• The Chairperson of the House Permanent Select Committee on Intelligence – Devin Nunes (R)

• The Minority leader of the House Permanent Select Committee on Intelligence – Adam Schiff (D)
• The Chairperson of the Senate Select Committee on Intelligence – Richard Burr (R)
• The minority leader of the Senate Select Committee on Intelligence – Mark Warner (D)
• The Majority Leader of the Senate – Mitch McConnell (R)
• The Minority Leader of the Senate – Chuck Schumer (D)
• The Speaker of the House – Paul Ryan (R)
• The Minority Leader of the House – Nancy Pelosi (D)
  
  

     The laws of our nation, as laid out in the Constitution are:

• The Executive and Legislative Branches are co-equal branches of government. One is not subordinate to the other.
  

• The Department of Justice (and the FBI) are part of the Executive Branch—under the authority of President Trump.

• The Department of Justice (and the FBI) are subordinate to the President.

      The issue is that on Monday, President Trump ordered the DOJ to publicly release all text messages relating to the Russia investigation from James Comey, Andrew McCabe, Bruce Ohr, Lisa Page and Peter Strzok.

• President Trump has issued a Presidential Order—not a request.

• The President has the Constitutional Power to declassify documents.

• President Trump has plenary (absolute) authority in this matter.

     In a shocking letter intended to undermine the President, and his authority over the Executive Branch, multiple high ranking Democrats, and ONLY Democrats, sent a letter ordering intelligence agencies to ignore Trump’s order to declassify numerous documents involving the Russia investigation until consulting with Congress.

      Democratic Legislative branch members: Nancy Pelosi, Chuck Schumer, Adam Schiff and Mark Warner write a letter today to Director of National Intelligence Dan Coats, Deputy Attorney General Rod Rosenstein, and FBI Director Christopher Wray, demanding the executive branch cabinet members withhold information from the White House. “Your agencies’ review, and any communication with the White House on the substance of the material, should not proceed further until you have briefed the Gang of Eight in person.”

      There’s a lot in this letter but let’s start with the closing sentence, “should not proceed further.” The Legislative branch cannot circumvent a Presidential Order that has been issued to Executive Branch officials—officials who are subordinate to the President. "When the president issues such an order, it triggers a declassification review process that is conducted by various agencies within the intelligence community, in conjunction with the White House counsel, to seek to ensure the safety of America’s national security interests," a Justice Department spokesman said in a statement. 
 
      Congressional members are responsible for various oversight issues, but they cannot issue an “order” to officials within the Executive Branch—especially one that attempts to circumvent a Presidential Order. The Gang of Eight does not represent a “fourth branch” of government. The intelligence agencies serve at the pleasure of the president — and this clearly crosses the line separating the branches of government. Perhaps more stunningly, and extra-constitutionally (meaning outside the framework of constitutional separation of power), within the jaw-dropping letter the four Democrats outline previous verbal conversations and current agreements with Coats, Rosenstein and Wray where the Cabinet officers agreed to keep information away from the White House Chief Executive, the President. What is even more shocking than this deliberate attempt to skirt the rule of law and the US Constitution is the admission by Democrat leaders that Democrats are cutting deals with top Trump intelligence officials behind the president’s back and illegally negotiating with foreign governments without the approval or knowledge of the President.

      DC-based lawyer Will Chamberlain called the letter a constitutional crisis and urged the GOP to consider taking action against the lawmakers who signed. Chamberlain continued on to say that, “President Trump has issued an order to his subordinates to declassify certain information related to the Russia investigation. He has plenary declassification authority as the President of the United States. The FBI and DOJ are subordinate to him. Congress does not get to order Executive Branch officials to defy a president — that is actually a constitutional crisis.” The demand by the Congressional Democrats is a written attempt to assume power not rightly granted by our Constitution. Such an attempt should not be tolerated. Unfortunately, at this juncture, there has been no such outrage.