Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

The Coming Constitutional Crisis Over Hillary Clinton’s EmailGate
Observer ^ | 6/152016 | John R. Schindler

Posted on 06/16/2016 9:09:59 AM PDT by orchestra

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-40 last
To: rolling_stone
no obama can issue a paron whether she is indicted or not see NIXON
Agreed. However, there is also the Constitutional prohibition on Clinton behavior:
Article 1 Section 9:
No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state
That provision is what makes it improper for a president, for example, to accept a gift from a foreign dignitary, and keep it. The only way he (she) can keep it is to buy it from the federal government. What we have in the Clinton Cash scandal is tons of foreign government money being accepted, while Hillary was Secretary of State and while Bill was (presumably) collecting a federal pension, by a foundation of which Hillary (and Bill) was a principal. Corruption at the highest level, behind the thinnest of veils.

Not only is she the beneficiary of that money, she is able to spend it on her political campaign. “Campaign Finance Reform” legislation strains at gnats and swallows camels to impose limits on political speech/press - and here is Hillary in the catbird seat, able to spend money the corruption of which only the thinnest of veils hides.

Your state government should pass a law forbidding anyone with the tenth, nay hundredth, part of the corruption Hillary exudes from receiving any its electoral votes. The Constitution assigns the states plenary power, as SCOTUS once put it, in that area.


21 posted on 06/16/2016 11:05:30 AM PDT by conservatism_IS_compassion ('Liberalism' is a conspiracy against the public by wire-service journalism.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: meatloaf

Fair enough. Your prior post seems to conflict with my argument. If they wait until ‘they fully investigate” then they will never be done. Right now they are on stand down orders from Obama. What could they possibly be looking at that they haven’t found already. They have the email crimes. They have the Clinton Foundation. They have the pay to play. I really don’t understand what else they could possibly be “looking for”. Most of this is Black Letter Law. If the heat gets too hot, Obama will order a Special Prosecutor to delay this matter into infinity.
I truly want this all to happen but things don’t seem like that will happen. Hillary/Obama are slowly shutting down Trump and keeping him out of the news. Not a good place for him or us.


22 posted on 06/16/2016 11:14:50 AM PDT by DrDude (Does anyone have a set of balls anymore?)
[ Post Reply | Private Reply | To 20 | View Replies]

To: meatloaf
Politically, a recommendation for indictment by the FBI would be almost as damaging as an actual indictment. And if the DOJ failed to pursue the recommendation for indictment, then Obama and his administration will be charged with the cover-up. Hence, the constitutional crisis. Something similar happened during Watergate, but the big difference was that the Reps in Congress supported pursuing charges. Today, the Dems will close ranks and blame the FBI for being partisan and interfering in the electoral process.

The reaction of the public remains to be seen,

23 posted on 06/16/2016 11:34:12 AM PDT by kabar
[ Post Reply | Private Reply | To 18 | View Replies]

To: kabar

I was recently at talk given by a state Supreme Court justice. He knows Comey from his prosecutor days, and believes he will follow the law. That is, he will indict if the evidence indicates it appropriate.

I hope he is right, but I have my doubts.


24 posted on 06/16/2016 11:38:13 AM PDT by FreedomPoster (Islam delenda est)
[ Post Reply | Private Reply | To 2 | View Replies]

To: kabar

Her not being indicted yet shows Comey is just another tool! This shows it perfectly!
A gun store owner reported Orlando shooter Omar Mateen to authorities weeks before he committed the worst mass shooting in US history.
GOP Agrees to Vote on Gun Control After 15-Hour Filibuster
We are being played like fiddles!


25 posted on 06/16/2016 11:38:24 AM PDT by Harpotoo
[ Post Reply | Private Reply | To 2 | View Replies]

To: FreedomPoster

The pressure on Comey will be enormous.


26 posted on 06/16/2016 2:05:07 PM PDT by kabar
[ Post Reply | Private Reply | To 24 | View Replies]

To: Liz

If the truth hurts, I’m not sorry.

red


27 posted on 06/16/2016 9:23:43 PM PDT by Redwood71
[ Post Reply | Private Reply | To 16 | View Replies]

To: only1percent

“She’s indicted = she’s immediately replaced by a far more popular Democrat (basically any of them)”

I’ll go with an indictment, the fix is in. Fill in the blank.....Democrat wins the election.


28 posted on 06/16/2016 9:39:50 PM PDT by DAC21
[ Post Reply | Private Reply | To 14 | View Replies]

To: Redwood71

me, neither (evil laugh).


29 posted on 06/17/2016 2:22:23 AM PDT by Liz (SAFE PLACE? A liberal's mind. Nothing's there. Nothing penetrates it.)
[ Post Reply | Private Reply | To 27 | View Replies]

To: hsrazorback1

What do you mean “Congress is stalling”?

Congress can’t prosecute citizens, and it’s a damn good thing they can’t.


30 posted on 06/17/2016 2:34:19 AM PDT by Jim Noble (The polls can have a strong influence on the weak-minded)
[ Post Reply | Private Reply | To 7 | View Replies]

To: kabar

The President, acting through the AG, has broad discretionary power to convene or not convene a Grand Jury, and, once convened, to present or not present evidence to it.

The FBI, like all components of the Executive Branch, takes orders from the President.

So, no crisis of a constitutional nature could be created in this case, whatever Obama does with an FBI referral.


31 posted on 06/17/2016 2:41:24 AM PDT by Jim Noble (The polls can have a strong influence on the weak-minded)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Jim Noble

Referring to the Gowdy-led comittee. I expect nothing from the doj.


32 posted on 06/17/2016 6:10:09 AM PDT by hsrazorback1 (...and I'm spent.)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Jim Noble

Nonsense. If the FBI recommends an indictment with Comey feeling so strongly about it that he resigns because DOJ refuses to prosecute, then we will have a Constitutional crisis.

The proposition that we are all equal under the law, the very foundation of our Republic, will be shattered. You can bet that the Rep controlled Congress will express outrage along with the majority of the public.

What happens if the leaked details of the case not only include Clinton and her staff knowingly transmitting and storing classified information on her server, including removing the classified markings, but also, that Clinton traded favors for contributions by foreign governments to her Foundation?

We really don’t know if the FBI recovered the emails Hillary erased. Their could be far more involved than just mishandling classified information. If Obama and DOJ are seen as protecting the Dem nominee for President from prosecution and the FBI Director resigns, we will have the biggest Constitutional crisis since Watergate.


33 posted on 06/17/2016 6:12:07 AM PDT by kabar
[ Post Reply | Private Reply | To 31 | View Replies]

To: kabar

There vice their.


34 posted on 06/17/2016 6:14:21 AM PDT by kabar
[ Post Reply | Private Reply | To 33 | View Replies]

To: Lurkinanloomin

But Mark Levin said Cruz is eligible!

If Osama Bin Laden raped an American and she had the child in Afghanistan, it would be eligible too!!!


35 posted on 06/17/2016 6:16:03 AM PDT by Rome2000 (SMASH THE CPUSA-SIC SEMPER TYRANNIS-CLOSE ALL MOSQUES)
[ Post Reply | Private Reply | To 4 | View Replies]

To: kabar
It's not a "constitutional crisis" if elements of one branch disagree with each other. No delegated powers are implicated, no reserved or plenary powers are impaired.

Prosecution is an executive function. If Congress disagrees in this matter (and surely they do not), they can remove Obama. Furthermore, they can impeach Hillary Clinton and impose disqualification from future office as the penalty.

The crisis is that the enemy is inside the wire. That's a MILITARY crisis, not a constitutional one.

36 posted on 06/17/2016 6:57:48 AM PDT by Jim Noble (The polls can have a strong influence on the weak-minded)
[ Post Reply | Private Reply | To 33 | View Replies]

To: kabar
You can bet that the Rep controlled Congress will express outrage

Yes, they excel at "expressing outrage". Maybe they can make Issa and Gowdy co-chairs of the outrage expressing committee.

along with the majority of the public - you're joking, right?.

37 posted on 06/17/2016 7:00:10 AM PDT by Jim Noble (The polls can have a strong influence on the weak-minded)
[ Post Reply | Private Reply | To 33 | View Replies]

To: Jim Noble
It's not a "constitutional crisis" if elements of one branch disagree with each other. No delegated powers are implicated, no reserved or plenary powers are impaired.

Constitutional crisis: "A constitutional crisis is a situation that a legal system's constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government. Often, generally speaking, a constitutional crisis is a situation in which separate factions within a government disagree about the extent to which each of these factions hold sovereignty. Most commonly, constitutional crises involve some degree of conflict between different branches of government (e.g., executive, legislature, and/or judiciary), or between different levels of government in a federal system (e.g., state and federal governments)."

"A constitutional crisis may occur because one or more parties to the dispute willfully choose to violate a provision of a constitution or an unwritten constitutional convention, or it may occur when the disputants disagree over the interpretation of such a provision or convention. If the dispute arises because some aspect of the constitution is ambiguous or unclear, the ultimate resolution of the crisis often establishes a precedent for the future. For instance, the United States Constitution is silent on the question of whether states may secede from the Union; however, after the secession of several states was forcibly prevented in the American Civil War, it has become generally accepted that states cannot leave the Union."

"A constitutional crisis is distinct from a rebellion, which is defined as when factions outside of a government challenge that government's sovereignty, as in a coup or revolution led by the military or civilian protesters."

If Congress disagrees in this matter (and surely they do not), they can remove Obama. Furthermore, they can impeach Hillary Clinton and impose disqualification from future office as the penalty.

A burglary turns into a constitutional crisis Watergate break-in: June 17, 1972

I expect the GOP-controlled Congress to get heavily involved if the FBI recommends an indictment and the DOJ refuses to prosecute. No doubt, the specifics of the case will be leaked fueling the firestorm. The mission statement of DOJ is as follows:

To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

38 posted on 06/17/2016 7:54:59 AM PDT by kabar
[ Post Reply | Private Reply | To 36 | View Replies]

To: Jim Noble
Yes, they excel at "expressing outrage". Maybe they can make Issa and Gowdy co-chairs of the outrage expressing committee.

It will be more than outrage. There will be committee hearings that will divulge the particulars of the FBI's findings in the case.

along with the majority of the public - you're joking, right?.

Not joking at all. Look at Hillary's polling numbers for trustworthiness and honesty. The majority of Americans think she is lying about her emails and other matters. The FBI's recommendation for indictment would increase her negative perceptions.

IMO the bigger constitutional crisis will come if the FBI tries to whitewash the case. If the FBI fails to recommend an indictment, then the corruption of our government at the highest levels will be on full view. This is the stuff of revolutions. It may not cause large civil disorders, but like a cancer, it will grow and grow as the people lose trust in their elected leaders, the bureaucracy, and our institutions. We will be entering dangerous times uniting diverse elements on the left and the right.

39 posted on 06/17/2016 8:03:54 AM PDT by kabar
[ Post Reply | Private Reply | To 37 | View Replies]

To: AdmSmith; AnonymousConservative; Berosus; Bockscar; cardinal4; ColdOne; Convert from ECUSA; ...
Note: this topic is from 06/16/2016. Thanks orchestra.

40 posted on 07/06/2016 7:57:45 AM PDT by SunkenCiv (I'll tell you what's wrong with society -- no one drinks from the skulls of their enemies anymore.)
[ Post Reply | Private Reply | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-40 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson