April 15, 2011

Obama Announces Intent To Commit (Another) Impeachable Offense

And unlike those committed in regard to the illegal war in Libya, there is no way that anyone can make a case for the legitimacy of the Kenyan's son's actions.

In a statement issued Friday night, President Obama took issue with some provisions in the budget bill – and in one case simply says he will not abide by it.

Last week the White House and congressional Democrats and Republicans were involved in intense negotiations over not only the size of the budget for the remainder of the FY2011 budget, and spending cuts within that budget, but also several GOP “riders,” or policy provisions attached to the bill.

One rider – Section 2262 -- de-funds certain White House adviser positions – or “czars.” The president in his signing statement declares that he will not abide by it.

“The President has well-established authority to supervise and oversee the executive branch, and to obtain advice in furtherance of this supervisory authority,” he wrote. “The President also has the prerogative to obtain advice that will assist him in carrying out his constitutional responsibilities, and do so not only from executive branch officials and employees outside the White House, but also from advisers within it. Legislative efforts that significantly impede the President's ability to exercise his supervisory and coordinating authorities or to obtain the views of the appropriate senior advisers violate the separation of powers by undermining the President's ability to exercise his constitutional responsibilities and take care that the laws be faithfully executed.”

Therefore, the president wrote, “the executive branch will construe section 2262 not to abrogate these Presidential prerogatives.”

Barry Hussein has now announced that, despite a prohibition on spending funds on certain policy advisers, it is his intent to continue to spend appropriated dollars on their salary, staff, offices, etc, and to continue to have them exercise authority denied them by the bill he just signed.

And it isn't like there is ambiguous wording for Obama to make arguments about regarding interpretation. Here is the exact language of the new law.

SEC. 2262.

None of the funds made available by this division may be used to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate Change.
(3) Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.

You don't get any more explicit than that, my friends -- it is illegal to spend any federal money on these positions. What Obama has announced is his specific intent to violate federal law.

I'm surprised that our "constitutional law professor" president (he wasn't, really -- Obama held the lowest possible academic rank, "lecturer") isn't familiar with this.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. . .

Now let's put these two together for a moment.

Congress has made a specific provision in the current appropriations legislation denying funding to these positions. The President has signed that legislation -- but has announced his intention to disregard that provision of the new law and ill spend money on these positions as he sees fit -- Congress and the new law be damned. That means that his effort to spend money on these positions despite the explicit denial of those funds by Congress violates not just statutory law, but the US Constitution as well.

It is therefore clear that if Barack Hussein Obama directs the expenditure of so much as one penny for any of these positions -- which he has announced his intent to do -- he is subject to impeachment and removal under Article II, Section 4 of the US Constitution, which reads as follows.

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.

What's more, Secretary of the Treasury Timothy Geithner will also be subject to impeachment and removal as well if he allows so much as one penny to leave the United States treasury for expenditures prohibited under Section 2262.

It is therefore incumbent upon Speaker John Boehner to direct the relevant House committees to begin an investigation into whether or not President Barack Obama has directed the illegal expenditure of funds in direct and knowing violation of the appropriation legislation he has signed, and whether or not such expenditures have been permitted by Secretary of the Treasury Timothy Geithner. Upon determining that such incidents have occurred, it shall be necessary for the Speaker to direct the House Judiciary Committee to convene for the purpose of adopting articles of impeachment for those two individuals. Trials of impeachment before the US Senate shall then necessarily follow at the earliest possible date. If the Constitution of the United States continues to have any force in the United States, conviction and removal -- presumably with a lifetime ban on holding any future government office or position of trust -- must follow.

My only question is this -- are there additional statutes that Obama and Geithner will be violating if they proceed down this path, and can they also be prosecuted and imprisoned for their offenses against the Constitution.


Others commenting include Malkin, Lonely Conservative, HotAirPundit, PJ Tattler, Althouse and Hot Air.

UPDATE: Congressional voices have begin to object.

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