Hillary Rodham Clinton: Justice Undone

By Roger J. Katz, Attorney at Law and Stephen L. D’Andrilli

New York, NY  -(Ammoland.com)- “Exaggeration of every kind is as essential to journalism as it is to dramatic art, for the object of journalism is to make events go as far as possible.” Arthur Schopenhauer, German Philosopher

The mainstream media continues to make flamboyant, exaggerated claims about Hillary Clinton, all the while smearing Donald Trump.

The mainstream media insinuates opinion into news stories, and forsakes any pretense of balanced reporting. If Hillary Rodham Clinton–a person who lied to the F.B.I., and whose violation of federal law, involving the handling of classified data, is clear beyond rational disputation–should become the 45th President of the United States, ,,the American People will have the major news organizations to thank for it.

The mainstream news media remains curiously silent on one critical fact. It is one you would think the mainstream media would find worth mentioning. It is critical fact that distinguishes Hillary Clinton from Donald Trump. It is a fact that needs mentioning. But, the mainstream media refuses to mention it.

It is this: the Department of Justice spent millions of dollars and thousands of man hours investigating Hillary Clinton for violations of federal law—serious breaches of federal law—felonies.

This would not have been necessary if Hillary Clinton, who served as Secretary of State, a Cabinet Level position in the Obama Administration—had complied with federal law as one would minimally expect of a high level Government official.

The Department of Justice certainly didn’t investigate Donald Trump. It didn’t have to. It never had to. Donald Trump isn’t a criminal.

The Department of Justice never suspected he was. The Department of Justice had never thought or insinuated that Trump had ever violated federal law. The Department of Justice never had reason to suspect Trump had violated federal law. Moreover, the mainstream media itself never suggested that Donald Trump had violated federal law. It would like to. It can’t. Any mainstream news source that said or intimated that Trump had violated federal law would face a lawsuit for libel. The mainstream media cannot make the same claim of Hillary Rodham Clinton. So it chooses to remain silent on the issue of Clinton’s likely criminality, glossing over her likely criminality as if  it never happened.

The mainstream media continues its scurrilous attacks against Trump. Not a day goes by that the mainstream media doesn’t attack Trump, repeatedly, repeating ad nauseam the same tired, vacuous remarks and leveling ridiculous, dubious accusation upon accusation upon him.

All the while, the mainstream media ignores the serious criminal charges the Justice Department had leveled against Hillary Rodham Clinton—charges immeasurably more serious than anything the media can throw and does incessantly throw at Trump.

News commentators complain Donald Trump showed “bad taste,” having brought up the Clinton email server scandal during his acceptance speech. Really? The mainstream media suggests that electing the U.S. President is akin to attending an elegant dinner party, where invitees are expected to adhere to proper rules of etiquette and decorum. Yet, most distasteful is the prospect of electing a criminal to serve as President of the United States.

Donald Trump does not face, never faced, and never had to face charges of criminal misconduct—misconduct that jeopardizes the security of this Nation. Hillary Clinton has faced charges of serious misconduct while serving as a Cabinet Level Officer in the Obama Administration. Her misbehavior as Secretary of State is of an order of magnitude far outstripping anything that one might claim of Donald Trump. Indeed, The Bill and Hillary Clinton Foundation continues to operate defiantly, most likely, illegally. The mainstream media remains oblivious to the seriousness of Hillary Clinton’s obvious criminal conduct–contemptible conduct she will undoubtedly carry with her to the White House. 

Would President Hillary Clinton promulgate U.S. foreign and domestic policy benefitting foreign governments to the detriment of the U.S. because of money pouring into the Foundation? Has the Bill and Hillary Clinton Foundation influenced Obama’s foreign policies? Would Hillary Clinton conduct U.S. Government business on private servers? Is Hillary Clinton above the law?

Why isn’t the mainstream media asking these questions and delving into these serious matters? What has become of investigative reporting in this Country? What can Congress do to demand accountability by the Executive Branch of Government?

The Director of the F.B.I., James B. Comey, should have recommended indictment of Hillary Clinton. A recommendation of indictment follows consistently and decisively from Comey’s recitation of Clinton’s crimes under the United States Code. But, Comey, mysteriously and oddly, did not indict her.

The Attorney General, Loretta Lynch, should have indicted Hillary Clinton, even absent a recommendation of indictment. For, the Attorney General need not adhere to the Director’s recommendation. But, the Attorney General did not indict Clinton.

Miscarriages of justice happen, true. When they do, that is regrettable, more so if avoidable. The Nation adjusts to miscarriages of justice, although reluctantly. But the American people cannot cavalierly dismiss or ignore some miscarriages of justice. We cannot do so because some criminal conduct of high ranking public officials, if not corrected, can fracture the fabric of a free Republic. These are serious miscarriages of justice. Serious miscarriages of justice cry out for redress. The Hillary Clinton email and Bill and Hillary Clinton foundation scandals are among those miscarriages of justice that this Nation ought not and cannot ignore. They are too large in scale, too many, too serious to shrug off.

Had Clinton to slink off the campaign stage, before the Democratic Party convention, she must still answer for her misdeeds. For Clinton to accept her Party’s nomination is difficult to fathom, too absurd to imagine, singularly bizarre to ponder.

You may like Hillary Clinton or loathe her. You may agree with her or not—inveterate liar as she is. In either case, a likely criminal cannot serve as United States President. The American People cannot allow this to happen. For, the sake of the Republic and the preservation of our Bill of Rights, this must not happen.

The Nation’s Executive Branch will do nothing to stop Clinton’s nomination. This, we have learned. This we know. Indeed, the Executive Branch, under Barack Obama, has a vested interest in a Clinton Presidency. This, too, we know. The mainstream media has acknowledged this. Through a Hillary Clinton Presidency Obama’s legacy will be ensured and enshrined and furthered.

The Nation’s Legislative and Judicial Branches of Government can stop the ensuing travesty. The Nation’s Legislative and Judicial Branches can prevent a serious miscarriage of justice. But, if the Legislative and Judicial Branches act, they must act now, not after Hillary Clinton secures the White House.

When the U.S. Department of Justice fails to perform its duties, where does that leave the Nation? Where does the Nation find redress? And, redress this Nation must find.

Impeachment of a President Clinton

What, exactly, can Congress and the U.S. Supreme Court do? If Congress and the U.S. Supreme Court do nothing and if Hillary Clinton wins the election, becoming United States President Hillary Clinton, Congress can immediately impeach Clinton for high crimes and misdemeanors. The U.S. Constitution prescribes a means for removal of a U.S. President and other high ranking Government Officials. Article II, Section 4 sets forth: “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.” Article I, Section 3 says,

“The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.”  Yet, the prospect of impeaching Hillary Clinton the moment she takes the oath of Office will not sit well with many. That will not sit well with Senate and House Democrats. That will not sit well with the mainstream media. That will not sit well with shadowy, sinister power brokers who lurk in the shadows. That will not sit well with a slice of the populace, including among others, illegal immigrants, members of the Muslim community, and those who look forward to a constant influx of welfare checks. The media would stir to a frenzy those members of the populace who seek special favors.

The founders of our Republic apparently felt impeachment a tenable tool for dealing with criminals in Government. If that didn’t work they felt the public could keep them out in the next election. The founders obviously didn’t consider the prospect of voting a criminal into Office. They obviously didn’t believe the public could be that naïve. They didn’t seriously consider how a free Press would devolve into a tool of secretive power brokers who have their own agenda–one contrary to the well-being of the United States as an independent, sovereign Nation–an agenda antagonistic to the well-being of hard-working honest citizens.

What can be done, assuming Clinton becomes the 45th U.S. President? Apart from instituting—or attempting to institute—impeachment proceedings against Hillary Clinton, the day she’s sworn in–an unlikely scenario–and, given that the Department of Justice refuses to do its duty, can Congress institute an ordinary criminal action against a sitting President, apart from conducting impeachment proceedings or concomitantly with the instituting of impeachment proceedings? This is possible but highly unlikely.

It’s Not To Late : Independent Counsel

Congress has another recourse to bring Hillary Clinton to justice–an option more workable than attempting to unseat a sitting President: appointment of independent counsel who can reopen the investigation into Hillary Clinton’s conduct as Secretary of State and who can bring criminal charges against Clinton before she becomes President of the United States. If Hillary Clinton becomes U.S. President that will be a disastrous outcome for this Country—but it is an outcome that is looking disturbingly and depressingly inevitable. Counsel, outside of Government, unshackled from Government, unbeholden to the President, incorruptible, must investigate Hillary Clinton anew, and outside counsel must proceed to do so at once!

Unfortunately, the United States Constitution–although expressly providing for impeachment of high level Government officials, including and most notably the President of the United States–doesn’t expressly provide for appointment of attorneys outside Government to investigate and prosecute crime and corruption at the highest levels of Government.

The Department of Justice, a component of the Executive Branch, is taxed with the administration of Justice. But, reliance on the Department of Justice to root out corruption and prosecute serious crimes against high ranking public officials—including and particularly, the President, the Vice-President, and Cabinet level Officials remains problematic.

The Attorney General is the Nation’s top prosecutor. The Director of the F.B.I. is the Nation’s top police officer. Both the Attorney General and the Director of the F.B.I. are political appointees. The President of the United States appoints both. They serve at his pleasure. Yes, the two top law enforcement officers of the Nation swear to enforce our Nation’s laws, but to whom do these two top law enforcement officers truly owe their loyalty, their fidelity, ultimately? To the President and his Administration or to the U.S. Constitution and the People of the United States? One cannot but wonder.

The Attorney General, Loretta Lynch, won’t indict Hillary Rodham Clinton, notwithstanding substantial damning evidence against her—evidence clearly warranting her indictment on serious criminal charges.  The Director of the F.B.I., James Comey, didn’t recommend an indictment of Hillary Clinton, notwithstanding and, curiously, in contradistinction to the damning evidence he cited against her in his unprecedented July 5, 2016 statement to the American People–evidence strongly suggesting the F.B.I. Director’s strong desire to recommend indictment of Hillary Clinton. He wouldn’t do so. Was he coerced? Americans may never know. We do know that Hillary Clinton should not escape justice. She thinks she has. She thinks she is above the law. If Congress doesn’t act, then Hillary Clinton may be right about that.

It is clear that only someone outside of Government, untainted by Government, and beyond the reach of and, therefore, beyond the influence of both the U.S. President and shadowy, powerful interests can and must mete out justice now.

At one time Congress had the answer. At one time in our Nation’s history, Congress had enacted a law and did use that law to demand accountability of the Chief Executive and his officials. But what are the mechanics for meting out justice? It’s complicated. In the next article the Arbalest Quarrel explains the mechanics of the Congressional Act that Congress once used to require integrity of Executive Branch Officials.

It is a Congressional Act that can yet derail Hillary Clinton’s aspirations to secure the Nation’s highest Office–but only if Congress has the will and courage to reenact it.

About The Arbalest Quarrel:

Arbalest Group created `The Arbalest Quarrel’ website for a special purpose. That purpose is to educate the American public about recent Federal and State firearms control legislation. No other website, to our knowledge, provides as deep an analysis or as thorough an analysis. Arbalest Group offers this information free.

For more information, visit: www.arbalestquarrel.com.