The Framers were very concerned with judicial tyranny. In fact, seven of the 27 grievances against the British Crown articulated in the Declaration of Independence dealt with the judiciary. The Framers added layers of protection against judicial misconduct, and there are more ways to impeach a judge than any other elected position. Our system is rather complicated, so bear with me.
The Constitution only established the Supreme Court. Supreme Court judges are unelected, and therefore not directly accountable to We The People. The Federal District and Appellate Court systems are established by Congress. Congress can restrict the jurisdiction of a court to not allow them to decide cases related to certain subject matter. This act, called Jurisdiction Stripping, has occurred several times throughout our history.
In the New Deal era, Congress began relaxing its oversight of the courts. Franklin D. Roosevelt and his advisors knew his New Deal plan was unconstitutional. Yet, FDR had a Congress willing to pass his legislation regardless of its constitutionality. The Supreme Court and the inferior courts threatened to strike down several of these laws. So, FDR retaliated by threatening to add to the number of Justices on the Supreme Court and to pack it with nominees who supported his policies. An unwritten agreement was made where the Court would rule in favor of FDR’s policies and Congress would relax oversight of the Courts.
Contrary to popular belief, Supreme Court justices do not serve for life. The Constitution states Supreme Court justices serve, “during good behavior.” Justices have been impeached for misconduct on the bench, as well as for public drunkenness, personal indiscretions and even cursing in public. My, how times have changed.
This lack of oversight has led to a judiciary that’s become more ideological in its opinions and less grounded in the law. We are seeing blatant examples of this today. The term, “two-tiered system of justice” has become part of the American lexicon. And yet, a key tenet of our Constitutional Republic is to have an equal application of the law. A “two-tiered system of justice” is no justice at all. So, let’s look at some examples.
Contempt of Congress
In the Obama Administration, Attorney General Eric Holder was held in contempt of Congress in the Fast and Furious scandal. This involved the Obama Administration supplying Mexican drug cartels with weapons that were allegedly traceable. When those weapons were used in a crime, the idea was to trace the path back to the drug cartels. This scheme failed horribly. It’s a terrible idea for our government to supply criminals with weapons. A U.S. Customs and Border Patrol Officer was murdered with one of the guns supplied by the Obama Administration. Holder never complied with the Congressional subpoena and no further action was taken.
Current Attorney General Merrick Garland recently was hit with Contempt of Congress charges. The House of Representatives has opened a formal impeachment inquiry against Joe Biden. The House Committee has subpoenaed a recording of an interview Special Counsel Robert Hur conducted with Joe Biden. Yet, only the interview transcript was released, which was not flattering of Biden at all. Additionally, the White House has stated they edited the transcript. So, what will happen to AG Garland if he doesn’t comply with the subpoena? My guess is virtually nothing, because the Justice Department said Friday it will not prosecute AG Garland.
Contrast this with Peter Navarro already serving time in prison and Steve Bannon having to report to prison this month. They were held in Contempt of Congress for failing to comply with a Congressional subpoena. Both had credible Executive Privilege claims to not comply.
Retention of Government Documents
President Trump is facing prosecution in Florida for violating the Presidential Records Act even though this is not a criminal statute. A President has the authority to possess and remove confidential documents from the White House. He also has authority to declassify documents at will. A President is the Executive Branch.
Hillary Clinton stored classified documents on a private computer server when she served as Secretary of State. She even destroyed this information and taxpayer-funded equipment. A Secretary of State has no lawful authority to remove classified documents from an approved government facility. Even though FBI Director James Comey’s report concluded Clinton knowingly and willingly mishandled and destroyed classified government documents, no further action was taken.
Similar circumstances exist with Joe Biden. It has been proven Joe Biden knowingly and willingly removed classified documents from approved government facilities when he was a Senator and Vice President. Furthermore, he shared classified information with the ghost writer for his autobiography. A Senator or Vice President does not have the authority to remove or retain sensitive government material. Will there be any consequence to his actions? Not in Joe Biden’s Department of Justice.
How does this happen and what can Convention of States Action do about it?
This government corruption is a result of lack of oversight by We The People. The American citizenry have been disconnected from the political process for far too long. When we let go of the rope, it goes very quickly. The mission of Convention of States Action is to build the largest grassroots Army of self-governing citizen activists in our history. Self-governance requires each of us to be involved in the political process. If we do not provide oversight, demand accountability and constitutional governance then government institutions will run amok. This is exactly what we are subjected to today. Will you accept the challenge to become an activist? Go to https://conventionofstates.com/take_action to be part of the solution as big as our problems.
In liberty,
Brett
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