April 06, 2011

GOP lawyer drafts Obama impeachment

A prominent libertarian constitutional lawyer and civil libertarian has drafted an article of impeachment against President Obama over his attack on Libya, throwing down a legal gauntlet that could be picked up by some Congressional Republicans

Bruce Fein, a former Reagan administration official in the Department of Justice and chairman of American Freedom Agenda writes in his 15-page argument of Obama's course that "Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor."

Fein is a small-government conservative who worked on the impeachment of President Bill Clinton and also called for the impeachment of President George W. Bush and Vice President Dick Cheney, and his work doesn't represent the Republican Party line. But it comes as some Republicans on the Hill, led by Senator Rand Paul, object vociferously to Obama's decision to strike targets in Libya without Congressional authorization.

"He's been more bold than any other president," said Fein, who said Obama has failed to secure congressional approval for his military action in a much more brazen way than previous administrations.

"If he can wipe out the war powers authorization, why can't he wipe out Congress's authority to spend?" asked Fein. " If we're going to be a government of laws, and not descend into empire, this is Caesar crossing the Rubicon."

Fein said a number of Congressional offices have expressed interest in his proposal.

"They actually need to defend constitutional prerogatives," said Fein. "There's definitely been interest on the Hill. There's at least two dozen who have been open to the idea that this is a serious constitutional crisis."

Fein's articles of impeachment discuss the run-up to the Libya conflict and conclude, "In all of this, President Barack Obama has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States."

The article of impeachment and three subsections are after the jump.

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 COMENCE WAR UNDER ARTICLE 1, SECTION 8, CLAUSE 11 OF THE CONSTITUTION.

ARTICLE I

In his conduct of the office of President of the United States, Barack Hussein Obama, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has usurped the exclusive power of Congress to initiate war under Article I, section 8, clause 11 of the United States Constitution by unilaterally commencing war against the Republic of Libya on March 19, 2011, declaring that Congress is powerless to constrain his conduct of the war, and claiming authority in the future to commence war unilaterally to advance whatever he ordains is in the national interest. By so doing and declaring, Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor as hereinafter elaborated.

I.
THE IMPEACHMENT POWER

1. Article II, Section IV of the United States Constitution provides: “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.â€