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by Stephen Lendman
Tuesday, Feb. 12, 2013 at 11:18 PM
Impeach Obama: A National Imperative
by Stephen Lendman
Do it now before it's too late!
America's Declaration of Independence states:
"(W)hen a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, (it's the right of the people, it's) their duty, to throw off such Government, and to provide new Guards for their future security."
Straightaway as president, Obama violated his sacred trust. He betrayed his constituents. He's a serial liar. He broke every major promise made. He serves illegitimately.
He institutionalized tyranny. He's a war criminal multiple times over. He's guilty of high crimes and misdemeanors.
He menaces humanity. He's heading America for WW III. He wants America's social contract destroyed. He wants millions impoverished, unemployed, left hungry and homeless. He's beholden to powerful monied interests that own him.
He spurns fundamental civil and human rights. He mocks democratic values. He's contemptuous of essential needs.
Law Professor Francis Boyle is unequivocal. He told Progressive Radio News Hour listeners he should be impeached. He urged House Republicans to so.
He's offering his services pro bono. On December 9, Boyle spoke at the Puerto Rican Summit Conference on Human Rights.
US militarism threatens WW III, he said. A century after earlier imperial aggressions, "neoconservative Republican Bush Junior administration and the neoliberal Democratic Obama administration are now threatening" global war.
He cited his teacher, mentor and friend, Professor Hans Morgenthau. Earlier he warned about "unlimited imperialism." His seminal book "Politics Among Nations: The Struggle for Power and Peace" discussed it.
His cardinal tenet was darkly Hobbesian. He said international law and world organizations are "irrelevant" in conflicts of national interest between nations. Ignore "reality" and perish, he stressed.
Imperial priorities are disastrous. They destroy societies and human life. They make it "solitary, poor, nasty, brutish and short."
No law or justice exists, no sense of right or wrong, no morality. Imperial madness prioritizes war. Absolute power is sought no holds barred.
Boyle cited the US Army Field Manual (FM) 27-10 - The Law of Land Warfare. Paragraph 498 says any person, military or civilian, who commits a crime under international law is responsible for it and may be punished.
Paragraph 499 defines a war crime. Paragraph 500 refers to a conspiracy, attempts to commit it, and complicity with respect to international crimes.
Paragraph 501 says all high level civilian and military officials in any way involved in crimes against peace are personally responsible for war crimes.
Paragraph 509 denies the defense of superior orders in the commission of a crime. Paragraph 510 denies the defense of an "act of state" to absolve them.
Obama, other high administration officials, and their subordinates "are responsible for the commission of crimes against peace," said Boyle.
The Nuremberg Charter, Judgment, and Principles, other international laws, and FM 27-10 define them.
In "international legal terms," said Boyle, "the United States government" is guilty of "serial wars of aggression, crimes against peace, crimes against humanity, and war crimes that are legally akin to those perpetrated by the former Nazi regime in Germany."
US citizens are constitutionally empowered to resist, says Boyle. They're entitled to challenge their own government. They should "prevent, impede, thwart, or terminate (its) ongoing criminal activities…."
"Today's civil resisters are the sheriffs! The US government officials are the outlaws!"
They "disobeyed fundamental principles of international law as well as US criminal law, and thus committed international crimes and US domestic crimes as well as impeachable violations of the United States Constitution."
"The American people must insist upon the impeachment, dismissal, resignation, indictment, conviction, and long-term incarceration of all US government officials guilty of such heinous international and domestic crimes."
Fundamental rule of law principles apply to all US military and civilian personnel. They include top commanders, the Secretary of Defense, his subordinates, CIA and other intelligence officials, as well as the president and vice president of the United States.
No one is exempt. Rule of law principles are inviolable. Imperial aggression is lawless. So is extrajudicial killing, torture, and other high crimes.
No president should be allowed to get away with them, says Boyle. Lawbreaking demands accountability. Doing so invites intolerable consequences. Disaster awaits.
We the People must act. Institutionalized tyranny approaches. It's a hair's breath away. Freedom's on the chopping block for elimination. Humanity may not survive Obama's second term.
Articles of impeachment are essential. Growing calls say so. In August 2011, Veterans for Peace (VFP) urged it. Waging illegal direct and proxy wars were cited.
"Therefore Be It Resolved," said VFP, "that Veterans For Peace call on the US House of Representatives to immediately begin impeachment proceedings against President Barack H. Obama for failure to uphold his sworn oath to protect and defend the Constitution of the United States of America from all enemies foreign and domestic, and for his commission of war crimes, crimes against humanity, obstruction of justice and the violation of numerous national and international laws, treaties and conventions.
Impeach Obama Campaign.com has a White House Watch page. It urges readers to support impeachment.
Another page headlines "NEW ARTICLES OF IMPEACHMENT." It states:
"ARTICLE OF IMPEACHMENT OF PRESIDENT BARACK HUSSEIN OBAMA
RESOLVED, That Barack Hussein Obama, President of the United States, is impeached for high crimes and misdemeanors, and that the following article of impeachment to be exhibited to the Senate:
ARTICLE OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN THE NAME OF ITSELF AND OF ALL OF THE PEOPLE OF THE UNITED STATES OF AMERICA, AGAINST BARACK HUSSEIN OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA, IN MAINTENANCE AND SUPPORT OF ITS IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND MISDEMEANORS IN USURPING THE EXCLUSIVE PREROGATIVE OF CONGRESS TO COMMENCE WAR UNDER ARTICLE 1, SECTION 8, CLAUSE 11 OF THE CONSTITUTION."
Other detailed information followed. Obama violated his oath of office. It mandates he "preserve, protect, and defend the Constitution of the United States."
He "mock(s) the rule of law." He "unilaterally" commits aggression. He "endanger(s) the very existence of the Republic" and freedom. He's guilty of "impeachable high crime(s) and misdemeanor(s)."
The UN Charter explains conditions under which waging war is justified.
Article 2(3) and Article 33(1) require peaceful settlement of international disputes. Article 2(4) prohibits force or its threatened use.
Article 51 allows the "right of individual or collective self-defense if an armed attack occurs against a Member....until the Security Council has taken measures to maintain international peace and security."
Justifiable self-defense is permissible. Articles 2(3), 2(4), and 33 prohibit unilaterally threatening use of force not:
• specifically allowed under Article 51;
• authorized by the Security Council; and
• permitted by constitutional and US statute law provisions.
Three General Assembly resolutions prohibit non-consensual belligerence:
• the 1965 Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty;
• the 1970 Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations; and
• the 1974 Definition of Aggression.
Nuremberg Tribunal's Justice Robert Jackson called aggressive war "the supreme international crime against peace." Guilty Nazi war criminals were hanged.
The Constitution's Article 1, Section 8 lets Congress alone declare war. December 8, 1941 was the last time. Subsequent wars were illegal. Responsible officials were and are war criminals.
The 1973 War Powers Resolution (WPR) limits presidential warmaking powers. It requires consulting with Congress before authorizing troop deployments for extended periods.
Section 4(a)(1) requires presidents to inform Congress within 48 hours about deploying troops to areas of ongoing or imminent hostilities.
He must explain why they're sent, constitutional or legislative authority for doing so, estimated duration of involvement, and whatever other information Congress requests.
Section 5(b) mandates withdrawal within 60 days plus an additional 30 exit period unless Congress extends the time frame for another 30 days, declares war, or unavoidable circumstances require more time. Unlimited amounts are prohibited.
One exception applies. As commander-in-chief, presidents may introduce US forces unilaterally into conflict areas in case of a national emergency if America, its territories, possessions, or military is attacked.
Under all circumstances, Congress must be kept fully informed. It has final say. Since passage, presidents exceeded their constitutional and WPR authority.
All US wars are illegal. Congress violates its own mandate. Accountability is null and void.
The Constitution's Article 2, Section 4 states:
"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."
In 1793, George Washington said:
"The Constitution vests the power of declaring war with Congress, therefore no offensive expedition of importance can be undertaken until after they have deliberated upon the subject, and authorized such a measure."
In 1805, Thomas Jefferson said:
"Congress alone is constitutionally invested with the power of changing our condition from peace to war." Warmaking is "exclusively (for Congress) to yield or deny."
Thomas Paine said:
"In America, the law is king. For as in absolute governments the king is law, so in free countries the law ought to be king, and there ought to be no others."
John Jay was America's first Supreme Court chief justice. He said:
"(A)bsolute monarchs will often make war when their nations are to get nothing by it, but for the purposes and objects merely personal, such as thirst for military glory, revenge for personal affronts, ambition, or private compacts to aggrandize or support their particular families or partisans."
"These and a variety of other motives, which affect only the mind of the sovereign, often lead him to engage in wars not sanctified by justice or the voice and interests of his people."
Alexander Hamilton called impeachable offenses those "which proceed from the misconduct of public men, or in other words, from the violation or abuse of some public trust. They are of a nature which with peculiar propriety may be denominated political, as they relate chiefly to injuries done to society itself."
James Madison said:
"Of all the enemies of public liberty, war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other."
"War is the true nurse of executive aggrandizement. No nation (can) preserve its freedom in the midst of continual warfare."
"In no part of the Constitution is more wisdom to be found, than in the clause which confides the question of war or peace to the legislature, and not to the executive department."
In 1974, the House Judiciary Committee voted three articles of impeachment against Richard Nixon. They charged actions "subversive of constitutional government."
Obama exceeds the worst of all previous presidents. He's guilty of multiple high crimes and misdemeanors. Holding him accountable is essential. Do it now before it's too late. Humanity may not get a second chance.
Stephen Lendman lives in Chicago and can be reached at email@example.com.
His new book is titled "Banker Occupation: Waging Financial War on Humanity."
Visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.
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