How Can Congress Impeach Trump for Conduct They Approved Through Legislation?

"THE LAW PROVIDES A PROCEDURE"

By Leo Donofrio
ThePostEmail.com

This will be a short post (for me). Because it’s a simple question. Simple logic determines the answer. Congress has enacted a federal statute designed specifically to test a federal office holder’s right to office. The federal quo warranto statute is located in the Code of Law for the District of Columbia at Chapter 35. § 16-3501 states:

“A quo warranto may be issued from the United States District Court for the District of Columbia in the name of the United States against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United States, civil or military.”

The United States Supreme Court has held that this statute applies to any office of the United States. In 2011, the 9th Circuit Court of Appeals confirmed the statute applies specifically to the Office of President of the United States.

Quo warranto is the exact legal process in our national history used to correct election fraud, error, or lawlessness. For example, in a case from 2003, New York’s highest court held that when a voting machine jammed, causing just 37 votes to be challenged, a writ of quo warranto was the proper procedure, stating:

“Challenges to the outcome of a general election based upon alleged voting machine malfunctions necessarily fall within the purview of quo warranto.”

Will Congress impeach themselves for that body having previously enacted a statute to contest election results? § 16-3545 states that Biden/Harris will be ousted from the Office of President if the evidence goes against them:

“Where a defendant in a quo warranto proceeding is found by the jury to have usurped, intruded into, or unlawfully held or exercised an office or franchise, the verdict shall be that he is guilty of the act or acts in question, and judgment shall be rendered that he be ousted and excluded therefrom and that the relator recover his costs.”

Isn’t any talk of ousting Biden from office now considered an impeachable offense by Congress? Are they going to impeach and remove themselves for allowing this statute to exist? In New York, the Court of Appeals (which is their highest tribunal) must also be impeached and removed then. Insanity.

The problem in America right now isn’t folks asking questions about the 2020 federal election. The problem is that the nation needs a better understanding of law. Had the nation been informed that our system of jurisprudence has always provided a legal means to investigate election irregularities after a person is sworn in, perhaps the riot at the Capitol would never have happened.

CENSORSHIP = VIOLENCE

Censorship of facts and law can do nothing but destroy America. I honestly believe big tech is trying to do just that. The blood is on the hands of the censors, not the people asking questions. There are no stupid questions. Only stupid replies. And when questions are so obvious, stupid replies stand out.

Therefore, the censors will stop the questions rather than give stupid answers. When folks can’t ask questions, violence may unfortunately happen. I condemn all violence. Those who invaded the Capitol should be prosecuted. But the censors bear great responsibility along with the criminals who broke the law. I believe in the law. So should you. But if you censor the law, if you censor quo warranto, then you create conditions for lawlessness to flourish.

Frustrated hopeless individuals will do desperate things. The law provides hope. And even if you lose in court, at least you were not suppressed from bringing your case. Regarding the 2020 election, the law provides a statute, a venue, and a procedure to bring the receipts of election fraud, or even just plain error. That law is a writ of quo warranto.

By censoring the law, both Congress and big tech are playing a very dangerous game. Perhaps that’s why the nation’s Capitol is on lockdown? Censoring legal speech is dangerous. I don’t believe big tech is trying to stop violence by doing it. These are brilliant people. They know exactly what they are doing by censoring legal speech protected by the 1st Amendment.

Big tech is attacking the 1st Amendment, and by doing so they expect violence. Unfortunately, some folks fell for the trap, and now they must be prosecuted. And as long as people stay on those platforms, they are giving power to the violent intentions of big tech. You hold the power in your clicks, your wallets, and your choices.

IMPEACHED FOR 1ST AMENDMENT SPEECH

And as for this impeachment now, just read the title to this post again. We are no longer a nation governed by law, if the conduct codified by a Congressional statute can also be the very basis of an impeachment.

Donald J. Trump – while President – questioned the legality of Biden’s election. Congress has enacted a statute for this very behavior. How can Congress impeach Trump for the very conduct they condoned by enacting a law to facilitate? How can partaking in that legal behavior be a high crime or misdemeanor? It can’t. It isn’t. And this impeachment was designed to scare Trump and the nation from examining the one legal procedure which could oust Biden from the Office of President.

Quo warranto is the law. Know the law. Give the right law in the right venue a chance.