Faithless Execution. Andrew C McCarthy

Discretion” Canard

      Under the camouflage of “prosecutorial discretion,” President Obama has claimed the power to dictate law

      A president may decline to execute laws he believes are unconstitutional, but Obama refuses to execute incontestably constitutional laws on policy grounds, and he extorts states to observe his policies rather than federal law

      Prosecutorial discretion is a commonsense resource-allocation doctrine related to criminal law enforcement, not a generalized license to ignore congressional statutes

      Under the guise of “prosecutorial discretion,” President Obama delegitimizes and effectively reverses laws he opposes on philosophical grounds

      Rebuking the Obama administration’s obstruction of the Yucca Mountain nuclear waste project, a federal appeals court explains why prosecutorial discretion is not a rationale for violating the president’s duty to execute the laws faithfully

      President Obama’s illegal waivers and edicts do not relieve citizens of the duty to comply with congressional statutes; they place citizens in the intolerable dilemma of incurring executive wrath or behaving illegally

       PART II

       PREFACE

       Making the Case

      To build the political case for impeachment, it is essential to illustrate that high crimes and misdemeanors—the legal predicate for impeachment—can be proved

      The legal case that President Obama is guilty of high crimes and misdemeanors is overwhelming; it illuminates the systematic threat to our constitutional framework; and it solidly supports the political case for removal

       THE ARTICLES OF IMPEACHMENT

       ARTICLE I

       The President’s Willful Refusal to Execute the Laws Faithfully and Usurpation of the Legislative Authority of Congress

      The president’s unilateral amendments of Obamacare legislation (the Patient Protection and Affordable Care Act)

      The president’s unilateral amendment, on the eve of the 2012 election, of federal law mandating notification of impending layoffs

      The president’s unilateral amendment of the federal law requiring welfare recipients to work

      The president’s unilateral amendments of federal immigration law, including decrees of amnesty for various categories of illegal immigrants

      The president’s unilateral amendment and maladministration of the Clean Air Act in destructively regulating carbon dioxide

      The president’s defiance of congressional law and court orders in obstructing the Yucca Mountain nuclear waste project

      The president’s defiance of federal law requiring the president to address the impending insolvency of Medicare

       ARTICLE II

       Usurping the Constitutional Authority and Prerogatives of Congress

      The president’s usurpation of Congress’s constitutional war powers in instigating an undeclared, unauthorized, unprovoked, and ultimately disastrous war in Libya

      The president’s making of “recess appointments” when the Senate was not in recess

      The president’s undermining of, and contempt for, Congress’s constitutional duty to conduct oversight of executive agencies created and funded by the American people’s representatives in Congress

       ARTICLE III

       Dereliction of Duty as President and Commander in Chief of the United States Armed Forces

      The president’s imposition of unconscionable combat rules of engagement that recklessly endanger and cost the lives of American troops

      The Benghazi massacre: The president’s reckless stationing of American government personnel and provision of grossly inadequate security for them in Benghazi, Libya, resulted in a foreseeable terrorist attack in which the U.S. ambassador to Libya and three other Americans were murdered, and numerous other Americans were wounded

       ARTICLE IV

       Fraud on the American People

      The president waged the Libya war under false pretenses and denied that bombardment of a foreign nation’s government forces, resulting in thousands of deaths and the killing of that nation’s head of state, constituted “hostilities” under federal law

      The Benghazi fraud: The president’s fraudulent claim that the Benghazi massacre was caused by an anti-Islamic film, including the willful misleading of the American people, the provision of false information to Congress, and the scapegoat prosecution of the film producer

      The Obamacare fraud: The president’s willful misrepresentations that Americans would be able to keep their health insurance and their doctors, and that they would save rather than lose thousands of dollars, in order to secure political support for Obamacare’s enactment and conceal damaging information that would have threatened his reelection bid

      The president’s enabling of Iran’s nuclear program while publicly vowing to prevent Iran’s acquisition of nuclear weapons

      The president’s fraudulent claims about enforcement efforts against illegal immigration

      The Solyndra fraud: The president’s provision of subsidies to a failing solar energy company backed by a prominent donor, his deceptive claims about its financial condition when it was preparing to sell stock to the public, and his imposition on taxpayers of millions of dollars in company losses in violation of federal law

       ARTICLE V

       Failure to Execute the Immigration Laws Faithfully

      The president’s unlawful grant of amnesty to categories of illegal immigrants by executive edict

      The president’s unlawful conferral of amnesty on categories of illegal immigrants by executive order, administrative regulations, and the invocation of prosecutorial discretion

      The president’s extortionate pressure—by expensive litigation and the withholding of federal resources—on states attempting to enforce laws against illegal immigration

      The president’s rewards—refraining from litigation and continuing the flow of federal resources—to states that decline to enforce laws against illegal immigration

       ARTICLE VI

       Failure to Execute the Laws Faithfully: The Department of Justice

      The reckless Fast and Furious operation intentionally armed criminals, foreseeably resulted in violent crimes that include the murder of at least one U.S. Border Patrol agent, and has been covered up by the attorney general’s contemptuous obstruction of a congressional investigation and the president’s specious invocation of executive privilege

      The willful denial to Americans of equal protection under the law by the Justice Department’s racially discriminatory enforcement of federal civil rights law

      The systematic politicization of hiring at the Department of Justice

      The politicization of investigation and prosecution by the Department of Justice in order to coerce compliance with administration policy, to punish critics, and to appease political supporters

      The sweeping investigation of journalists in contravention of Justice Department guidelines, and the attorney general’s misleading testimony to Congress regarding the investigation of a journalist as to whom the Justice Department had obtained a search warrant

      Coercing state compliance with Obama administration policy by politicizing enforcement actions and encouraging state attorneys general to abdicate their duty to defend valid state law

      The systematic stonewalling of Congress