Month: May 2019

Alan Dershowitz: Congress is not above the law when it comes to impeachment – Don’t weaponize the Constitution

The mantra invoked by those Democrats who are seeking to impeach President Trump is that “no one is above the law.” That, of course, is true, but it is as applicable to Congress as it is to the president. Those members of Congress who are seeking to impeach the president, even though he has not committed any of the specified impeachable offenses set out in the Constitution, are themselves seeking to go above the law. All branches of government are bound by the law. Members of Congress, presidents, justices and judges must all operate within the law. All take an oath to support the Constitution, not to rewrite it for partisan advantage. It is the law that exempts presidents from being prosecuted or impeached for carrying out their constitutional authority under Article 2. The same Constitution precludes members of Congress from being prosecuted for most actions taken while on the floor of the House and Senate or on the way to performing their functions. The same Constitution, as interpreted by the courts, bestows immunity on judges for actions that would be criminal or tortious if engaged in by non-judicial individuals. None of this means that these government officials are above the law. It means that their immunized actions are within the law. The Constitution, which is the governing law, precludes Congress from impeaching a president for mere “dereliction” of duty or even alleged “corruption.” Under the text of the Constitution, a president’s actions to be impeachable must consist of treason, bribery or other high crimes and misdemeanors. The framers of the Constitution considered broadening the criteria for impeachment to include maladministration in office. But this proposal was soundly rejected, on the ground that it would give Congress too much power to control the president. Yet Democrats who are now seeking to impeach the president, despite the absence of impeachable offenses, are trying to do precisely what the framers of the Constitution forbade them from doing: exercising control over a president that is not authorized in the Constitution itself. Consider, for example, Rep. Maxine Waters, D-Calif., who has said the following: “Impeachment is about whatever the Congress says it is. There is no law that dictates impeachment.” It is she, and other like-minded members of Congress, who are claiming the right to be above the law. That is a dangerous claim whether made by a president or by a member of Congress. The framers of the Constitution did not want a weak president subject to the political control of Congress. Members of the Constitutional Convention explicitly expressed that view in rejecting criteria for impeachment short of criminal conduct. In the absence of the specified criminal conduct, the remedy for a non-impeachable president lies with the voters, not Congress. There are other constitutionally authorized remedies as well. These include reasonable congressional hearings conducted under the oversight powers of Congress. These hearings, too, must not be conducted for partisan purposes, but rather for legitimate legislative purposes, such as enacting new laws that evidence of the hearings show are necessary. The current hearings do not meet these standards. They are obviously calculated to obtain partisan advantage in the run-up to the 2020 election. Another option would be for Congress to appoint a nonpartisan expert commission, such as the one appointed following the 9/11 attacks. This commission could look deeply and objectively at all the issues growing out of the 2016 election, particularly Russian efforts to interfere in the American political process. The commission’s goal would not be criminal prosecutions, but rather preventive measures to assure no repetition in the 2020 and subsequent elections. Unfortunately, we live in a time of extreme partisanship, and no one seems interested in nonpartisan truth or in measures that help all Americans rather than only one party. The time has come to stop weaponizing the Constitution and our legal system for partisan advantage. Impeachment would be a lawless response to undertake, as is the use of partisan committees to obtain an electoral advantage. No one is above the law, but no one is beneath the legal protection of the law as well. Both parties should operate within the law for the benefit of the American people.

Agreed!!  And well said, Sir.  Dr. Alan M. Dershowitz, the author of that outstanding legal op/ed, is Felix Frankfurter professor of law, emeritus, at Harvard Law School. What you may find surprising is that Dr. Dershowitz is a proud liberal who makes a point to let folks know he proudly voted for Hillary.  He is one of the few intellectually honest liberals out there, who was recently DISinvited from appearing on CNN.  So, we’re happy to post his article here.  His latest book is “The Case Against Impeaching Trump.” Follow him on Twitter: @AlanDersh Facebook: @AlanMDershowitz.  Please consider this your Read of the Day.  If you read only one thing today here at The Daily Buzz, then READ THIS!!…and then forward it to all of your friends and family members, especially those who are Democrats or who watch MSNBC or CNN…and watch their heads explode.    🙂

President Trump Signs Order Cracking Down on Welfare-Dependent Legal Immigration

President Trump signed a presidential memorandum on Thursday cracking down on welfare-dependent legal immigration to the United States in an effort to protect American taxpayers. The order signed by Trump will enforce existing 1996 laws known as the “Illegal Immigration Reform and Immigrant Responsibility Act” and “Personal Responsibility and Work Opportunity Reconciliation Act” which were signed by then-President Bill Clinton. The order ensures that federal agencies will enforce the existing 1996 laws which seek to save American taxpayers by having their public welfare funding benefits reimbursed when they are used by a legal immigrant. The first function of the order mandates that a family member or business sponsor of a legal immigrant looking to permanently resettle in the U.S. is responsible for paying back the welfare costs previously used by that immigrant. For example, if a visa holder has used $10,000 in food stamp benefits while living in the U.S., when a family member sponsors them for a green card, that family member will be notified of the legal immigrant’s welfare costs to taxpayers and obligated to pay back the amount. If the sponsor of a legal immigrant does not pay the welfare cost, the Treasury Offset Program will take the money out of the sponsor’s taxes for that year. Federal officials said implementation of this order would begin in September. A senior administration official told Breitbart News that the order to enforce Clinton’s 1996 law will drive down welfare-dependent legal immigration to the U.S. which has cost American taxpayers billions over the years. “This is a historic, transformative action to restore the foundational principle of U.S. immigration law: that those seeking to join our society must support themselves financially,” the official said. “This executive action will dramatically curb ‘welfare tourism’ and protect U.S. benefits for U.S. families,” the official continued. “It will also ensure that immigrant sponsors cannot continue the practice of bringing in large numbers of welfare-dependent immigrants: because they will be financially liable. Congress passed these laws – but they were effectively never used. Now they will be.” The second function of the order ensures that the income a sponsor to a legal immigrant is taken into consideration when a legal immigrant is applying for federal welfare. Currently, only the income of legal immigrants is considered by federal agencies when the national is applying for public benefits. Under the rules set out by Clinton’s 1996 law, the Trump administration will make certain that the income of both the legal immigrant and their sponsor is considered when applying for benefits. “Newcomers will not be able to live on free federal healthcare, housing, and other welfare at taxpayer expense,” the senior official said. A senior administration official said Trump’s order also will help prevent illegal aliens from obtaining federal welfare benefits.

Excellent!!  And really, this is only putting teeth into welform reform legislation that then-President Bill Clinton (D) signed into law back in the ’90s, but it’s never seriously been enforced.  So, the Dems and liberal media will be hard-pressed to beat up on Trump over this.  But, hey..  If they do, and didn’t say anything at the time Clinton signed it into law, then they’re brazen hypocrites.     🙂

MS-13 Illegal Aliens Charged with Murdering Teen Girl After Being Released by Sanctuary City

Two illegal alien members of the violent MS-13 gang have been charged with the murder of a 14-year-old girl in Maryland after previously being released from custody by a sanctuary city. Last week, illegal alien MS-13 gang members Josue Rafael Fuentes-Ponce, 16-years-old, and Joel Ernesto Escobar, 17-years-old, were charged with first-degree murder — along with 14-year-old Cynthia Hernandez-Nucamendi — in the death of 14-year-old Ariana Funes-Diaz in Prince George’s County, Maryland. According to police, the two illegal alien MS-13 gang members and Hernandez-Nucamendi met the 14-year-old victim at an apartment complex before taking her into a wooded area nearby. In the wooded area, police say the three beat the girl with a baseball bat and stabbed her to death with a machete. Now, the pair of illegal alien MS-13 gang members and Hernandez-Nucamendi have been charged with murdering Funes-Diaz. Last year, Fuentes-Ponce and Escobar were released from custody by Prince George’s County officials after being charged with attempted first-degree murder, attempted second-degree murder, participation in gang activity, conspiracy to commit murder, and attempted robbery. At the time, the Immigration and Customs Enforcement (ICE) agency had requested that the two illegal alien gang members not be released back into the community and instead be turned over to their custody for deportation. Prince George’s County, a sanctuary city, released the illegal aliens anyway, and they were never able to be arrested or deported by ICE. “These individuals had demonstrated violent criminal behavior before, and because they were released in spite of the lawful detainer, they were afforded an opportunity to take a life,” an ICE official said in a statement. Fuentes first arrived in the U.S. at the Texas-Mexico border in December 2015 as part of a family unit. He and the other family members were paroled into the U.S. Though a judge requested that the illegal alien be deported in March 2017, he never arrived for his court hearing and was subsequently never deported. Likewise, Escobar entered the Texas-Mexico border as an unaccompanied juvenile in August 2016. Instead of being deported, he was released to family members living in Washington, D.C. where he has lived since illegally entering the country.

But, I’m confused…  The media keeps telling me that all of these “unaccompanied minors” are just harmless, innocent, refugees we need to care for and let into our society without being screened.  THIS is a textbook example of why we need to BUILD THE WALL NOW!!!…and why we need to stop this sanctuary city nonsense.  The only ones who are safe in so-called “sanctuary cities” are criminals who know they can get away with murder…literally.

GOP’s Fred Keller Wins Pennsylvania 12th District Special Election

Pennsylvania State Rep. Fred Keller won the Pennsylvania House 12th district special election, according to the New York Times. Keller defeated Democrat and professor at Penn State University Marc Friedenberg in a special election Tuesday. The congressional seat became vacant after former Rep. Tom Marino (R-PA), who easily beat Friedenberg in the 2018 midterm elections, resigned less than one month into this term. The Pennsylvania Republican’s victory serves President Donald Trump as well. Trump held a rally in Pennsylvania on Monday. Ahead of the election, Trump said he endorsed Keller and contended that the election would serve as a referendum on his presidential administration. “Go get em, Fred,” Trump told Keller on Monday. “It’s a little bit of a referendum.” President Trump then said that if Keller wins the special election, the media will not widely report the story; however, if Keller loses the election, Trump said that they will play it up as one of the biggest political events in recent memory. Keller’s victory could also serve as a referendum on Trump’s vs former Vice President Joe Biden’s popularity in Pennsylvania. During the rally on Monday, Trump reminded Pennsylvanians that Biden abandoned them to become a senator in Delaware. “Don’t forget, Biden deserted you, he’s not from Pennsylvania, I guess he was born here, but he left you, folks, he left you for another state,” Trump said. “He left you for another state, and he didn’t take care of you because he didn’t take care of your jobs,” Trump added. “He let other countries come in and rip off America.”

Congrats to Congressman Elect Fred Keller (R-PA)!

Mosquitoes are the worst in these cities, pest control company Orkin says

Summer is fast approaching, and with warmer weather comes one annoying pest: Mosquitoes. Pest control company Orkin on Monday released its Top 50 Mosquito Cities list, which “ranks metro areas by the number of mosquito customers served from April 1, 2018, to March 31, 2019,” the company said in a statement, noting the list includes both residential and commercial treatments. Coming in at No.1 — for the sixth year in a row— was the Atlanta, Ga., area. Following just behind was the New York market, which Orkin said moved up the list this year by one place. In third place was Washington, D.C., followed by Chicago. Next up were two Texas cities: Houston and the Dallas-Ft. Worth area. Detroit was seventh, followed by Philadelphia. Rounding out the ninth and tenth spots were Charlotte. N.C., and Raleigh-Durham, N.C. “Mosquitoes are more than annoying; they can be a major health threat,” Orkin entomologist Mark Beavers said in a statement. “Mosquito-borne diseases such as West Nile virus, encephalitides, dengue, chikungunya and for those who may remember, Zika, threaten the safety of humans and pets.” West Nile virus, specifically, spreads through infected mosquitoes when they bite humans and animals. The virus, was first reported in the U.S. in 1999, can result in a fever or headache, though most people infected do not experience symptoms. That said, about 1 in 150 people who are infected with West Nile virus can develop a serious illness — such as inflammation of the spinal cord or brain — the Centers for Disease Control and Prevention (CDC) says. Click here to see if your city made the list:

St. Louis Blues advance to Stanley Cup Final with Game 6 win against Sharks

The St. Louis Blues advanced to the Stanley Cup Final for the first time since 1970 with a 5-1 win against the San Jose Sharks in Game 6 of the Western Conference Final at Enterprise Center on Tuesday. St. Louis, which won the final three games of the best-of-7 series, will play the Boston Bruins in the Cup Final. Game 1 is at Boston on Monday. ladimir Tarasenko and Brayden Schenn each scored a power-play goal, Ryan O’Reilly had three assists, and Jordan Binnington made 25 saves for the Blues. “The final minutes, counting down there and how loud the rink was and the atmospehere was awesome,” Binnington said. “We’re excited and looking forward to the next round.” Dylan Gambrell scored, and Martin Jones made 14 saves for the Sharks, who were without defenseman Erik Karlsson and forwards Tomas Hertl and Joe Pavelski because of injury. “I was proud of our group tonight,” San Jose coach Peter DeBoer said. “I don’t think the score reflected the work that we put in. I know what the scoreboard said at the end of the night, but I felt we made them earn it tonight. I thought we showed up under tough circumstances. … That’s all you can ask.” Perron gave the Blues a 1-0 lead 1:32 into the first period when he tipped a shot from Sammy Blais. Tarasenko made it 2-0 with a wrist shot from the left face-off circle at 16:16 of the first. He had at least one point in each game of the series (three goals, five assists). “Nobody wants to fly four more hours back to San Jose,” Tarasenko said. “We had a chance like this [to clinch in Game 6 of the first round against the Winnipeg Jets]. Everybody was preparing and ready to end it tonight.”

GO BLUES!!!!!!       🙂

Trump Unveils Plan for Merit-Based Immigration System

President Trump unveiled a series of reforms designed to secure the southern border and transition the country toward a merit-based immigration system during a Thursday speech in the White House Rose Garden. “We are proposing an immigration plan that puts the jobs, wages, and safety of American workers first,” Trump said. “Our proposal is pro-America, pro-immigrant, and pro-worker. It’s just common sense.” Under the plan unveiled Thursday, which has not yet resulted in the drafting of any actual legislation, the points system used to evaluate applicants will be recalibrated to create a more highly educated affluent class of immigrants by increasing the number of visas awarded to the highly-skilled from 12 to 57 percent. The plan will also reform the asylum system, which, as currently constructed, allows virtually all migrants who make asylum claims to enter the country while their cases are being adjudicated. The new system will filter out “meritless” asylum claims at the border, Trump said Tuesday. The points-system reformation would be coupled with funding to improve physical infrastructure at the border. Specifically, the plan creates a trust fund, financed through fees collected at the border, which will create revenue for the construction of additional border wall, 400 miles of which will be completed by the end of the year, according to Trump. The plan also includes provisions to facilitate assimilation through a series of language and knowledge requirements. “Future immigrants will be required to learn English and to pass a civics exam prior to admission. Through these steps we will deliver an immigration system that respects and even strengthens our future, our traditions, and our values,” Trump said. The legal status of so-called Dreamers and foreign nationals living in the U.S. under the Temporary Protected Status program are not addressed in the new plan. Democrats have attacked the plan as needlessly cruel and insensitive to those immigrants lacking educational credentials and are unwilling to accommodate any of the proposed reforms absent a concession from Trump on the legal status of Dreamers. “Are they saying family is without merit?” Pelosi asked reporters on Capitol Hill. “Are they saying most of the people who have come to the United States in the history of our country are without merit because they don’t have an engineering degree?” Proponents of a more restrictive immigration system, meanwhile, have criticized the administration for refusing to make a reduction to legal immigration levels part of the plan. “You’d think throwing [Trump’s restrictionist base] a bone and including at least a token, tiny, practically symbolic five percent cut in total legal immigration numbers wouldn’t be too much to ask,” Center for Immigration Studies president Mark Krikorian recently wrote in this space. “Let’s hope they come to their senses before the plan is finalized and presented to the public.”

Agreed!  We need to eliminate ILLEGAL immigration entirely, and drastically reduce LEGAL immigration.  We’ve been over-run the last 50 years or so, and have over 22 MILLION illegals in the country currently.  We need to get a handle on this nightmare, and President Trump’s plan is a step in the right direction.  But, nowhere near enough.  Of course, don’t count on the Dems in the House to even address this crisis in any serious fashion.  They’ll simply punt the football and call Trump a “racist” for even trying to solve this real crisis.