Donald Trump Calls For A Special Prosecutor To Investigate Clintons & Foundation

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

New York, NY  -(Ammoland.com)- On August 22, 2016, Donald Trump, the Republican nominee for U.S. President called for the U.S. Department of Justice to appoint a special prosecutor to investigate Hillary Clinton’s multiple instances of misconduct.

That’s good news to be sure, but it comes a little late—hopefully, not too late.

Congress should have seen to the appointment of a special prosecutor long ago. In fact, the Arbalest Quarrel has called for the appointment of a special prosecutor or independent counsel to reopen the investigation into serious misconduct on the part of Hillary Clinton all along, well over a month before Trump mentioned the need to do so. We talked about this in our article titled, “Hillary Clinton Must Be Indicted and Here’s The Justification For It.”  We have insisted on the appointment of outside counsel to renew the investigation into Hillary Clinton’s serious misconduct, consistently, since publication of our article.

Major news organizations jumped on the appointment of a special prosecutor issue only after Trump had called for such appointment.

For example, Time magazine, on August 22, 2016, reporting on Trump’s call for a special prosecutor, said, that,

“Under current U.S. law, independent counsel can be appointed when the Attorney General determines that an investigation by the Department of Justice ‘would present a conflict of interest for the Department or other extraordinary circumstances’ and ‘that under the circumstances, it would be in the public interest to appoint an outside Special Counsel.’”

That is absolutely false.

The Time reporter, Tessa Berenson who wrote the Time piece, titled, “Donald Trump calls for Special Prosecutor to Investigate Hillary Clinton,” evidently has no knowledge of the current and true state of the law involving the appointment of special prosecutors or independent counsel to investigate serious misconduct of high level Officials in the Executive Branch of the federal Government. Contrary to Tessa Berenson’s remarks, the U.S. Department of Justice (DOJ) cannot, at the present time, turn over federal investigations and prosecution of serious violations of federal law to special prosecutors or independent counsel even if the DOJ had wanted to; and, as we know, it doesn’t.

And, Congress, for its part, cannot compel the Justice Department to turn over, to special prosecutors or independent counsel, federal investigations and prosecution of serious violations of federal law by high level Officials of the Executive Branch of the Federal Government even if it seeks to do so; and, at least two U.S. Congressmen wish to do just that.

The authorization for the appointment of special prosecutors or independent counsel to take over investigations of serious violations of federal law committed by high level Officials of the Executive Branch of Government, along with the power to prosecute those charged with commission of felonies under federal law, died in 1999, when Congress allowed the “Ethics in Government Act of 1978” to expire, in accordance with the sunset provision originally written into the law.

The Arbalest Quarrel wrote a comprehensive article on this, titled, “The Un-Justice Department Gives Hillary a Free Pass” . We posted the article, on August 4, 2016, on our site, well before Trump, or anyone else, for that matter, discussed, in a cogent, serious and comprehensive matter, the appointment of a special prosecutor to investigate, inter alia, the serious misconduct of Hillary Clinton, relating to her use of private email servers to conduct official Government business

After the “Ethics in Government Act of 1978” lapsed, U.S. Representative, Mike Quigley, attempted to resurrect the “Ethics in Government Act of 1978” and similar bills, by sponsoring, on March 25, 2010, the “Transparency in Government Act of 2010,” 111 H.R. 4983. The bill went nowhere, apparently dying in Committee.

On June 23, 2011, Mike Quigley tried again. He, along, with another Democrat, Jackie Speier, sponsored, on June 23, 2011, the “Transparency in Government Act of 2011,” 112 H.R. 2340. That effort, too, went nowhere. The bill died in Committee.

Yet, a third time, on March 13, 2014, Representative Mike Quigley reintroduced the bill as the “Transparency in Government Act of 2014,” 113 H.R. 4245—and the bill died in Committee, a third time.

Then, a fourth time, Representative Mike Quigley—along with Representative Jackie Speier and, now, a third Democrat, Krysten Sinema, introduced the Transparency in Government Act of 2015, 114 H.R. 1381. That bill was no more successful than the previous three—never getting out of Committee.

Even so, had any one of these four bills passed, the most important provision of the original Act—the appointment of a special prosecutor or independent counsel to investigate and, if necessary, prosecute serious misconduct by high level Executive Department officials—was nowhere to be seen in any of the bills Mike Quigley sponsored.

Independent Counsel Reauthorization Act of 2016, 114 H.R. 5271

Now, on May 17, 2016, six months before the U.S. Presidential Election of 2016, two Republicans, Mike Turner and Rick Allen introduced a bill that, if passed, would truly resurrect “the Ethics in Government Act of 1978.” They introduced the “Independent Counsel Reauthorization Act of 2016,” 114 H.R. 5271.

That bill, if passed does require the DOJ to turn over the investigation and prosecution, of cases involving serious misconduct of Executive Branch Officials, to outside counsel, namely, independent counsel, commonly referred to as “special prosecutors.”

The Arbalest Quarrel insists that Congress debate this bill and vote on it before the U.S. Presidential Election—an Election that is rapidly approaching—less than three months away. If the full House votes on this bill, the American people will see, first-hand, those U.S. Representatives, both Democrats and Republicans, who demand accountability and integrity in the Executive Branch of the Federal Government, and those who do not.

If the “Independent Counsel Reauthorization Act of 2016” passes, Congress will itself have the clout necessary to bring Hillary Clinton to justice. It need not rely on the Executive Branch—through its Justice Department—to police itself—something the Department—as has become depressingly, indeed, excruciatingly clear—cannot or will not do.

Independent counsel need not constrain him or herself to investigate and prosecute Hillary Clinton alone. Counsel will have the power and authority of Congress to investigate and prosecute the Bill, Hillary and Chelsea Foundation, along with the principals, Bill and Hillary Clinton, for possible violations of the federal RICO Statute, 18 U.S.C. Section 1961. Congress, through independent counsel, will be able to bring down the entire corrupt Clinton Dynasty.

You would think Congress would have acted well before we came to this point in time—the Eleventh Hour.

Sometimes, though, as we know all too well, Congress needs a kick in the behind to get moving. For those Congressmen and Congresswomen who wish to sit on the “Independent Counsel Reauthorization Act of 2016,”—Republicans as well as Democrats—we hope that, with a little encouragement from the citizenry, they will be compelled, however grudgingly, to take a stand. This is no time for Congress to remain passive and silent. Their timidity is painfully obvious to all Americans. Let Americans assert: “We see you cowering in the shadows.”

To spur Congress to act on the “Independent Counsel Reauthorization Act of 2016, the Arbalest Quarrel has formally written Representative Mike Turner, and has copied the cosponsor of the bill, Rick Allen, and has copied, also, other influential Republicans in the U.S. House of Representatives, whom, we believe, truly seek to bring the Clintons to justice and who seek to prevent the occurrence of a travesty and horror—one that would see a likely felon become President of the United States.

In our letter, we have asked Representative Turner to give us an update on the status of his bill, and we have urged him to move on this bill if it is stalled in Committee—as, apparently, it is. We seek to remind Congress that this is no time for dawdling.

The letter, which the Arbalest Quarrel sent to Representative Turner by Federal Express, has been, we have confirmed, received by the Congressman’s Office.

We provide readers with the content of the letter we sent to Representative Turner, in the Part three of the present article.

Continued: Tell Congress to Act on the Independent Counsel Reauthorization Act of 2016

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.