Showing posts with label Article II Section 2. Show all posts
Showing posts with label Article II Section 2. Show all posts

Friday, November 11, 2016

Op-ed:
As the Election Dust Settles
By: Diane Sori / The Patriot Factor / Right Side Patriots on American Political Radio bit.ly/2cpXuRd

"Pardon before conviction might be necessary in order to obtain the testimony of accomplices." 
– James Wilson at the Convention of States

On the night of the election as the election was starting to turn in favor of the Trump/Pence ticket, Hillary Clinton made history in her own right as she shunned her supporters gathered at campaign headquarters. In a sad display by a cowardly and now so beaten woman, Hillary sent Mr. Email himself...John Podesta…out to address the crowd and to send them home refusing to concede as she begged the media to try and find a way for her to win…after all the presidency was ‘owed’ to her…they promised it to her… they had ‘anointed’ her as Obama’s third term in office.

And thankfully for ‘We the People’ and our beloved America they failed her.

And while in a show of self-serving bravado…in one last grand hurrah…there Hillary appeared the next morning with Billy-Boy…her ever-cheating sham of a husband… standing by her side in a pre-arranged press conference to finally concede and thank her supporters for a job now seen as not well done. Dressed in purple to try and get us to believe that by wearing purple she is symbolizing the melding of red and blue states into one unified country, what Hillary wants us to forget is that purple has long been the color of royalty...and we all know that the Clinton’s see themselves as and believe themselves to be America's royalty...when in actually it was a final slap in the face to those of us who did not vote for her and her socialistic, freebies for all, islamic-condoning agenda.

So what happens next now that the 2016 election is one for the history books…Obama’s pardon for Hillary for all crimes committed is soon to come…after all if he does not he risks her spilling the beans on him.

And know that legally Obama can and will pardon Hillary as per the Constitution of these United States. Article II, Section 2, Clause 1, of the Constitution states that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” And the Supreme Court has interpreted this to mean that not only does the President have the power to grant pardons and conditional pardons, but also to commute and conditionally commute sentences, and to address remissions of fines and forfeitures, respites, and amnesties.

But…and this is where it gets sticky if you will for the fact is that the President can only issue said pardon to prevent further prosecution and/or punishment for federal crimes committed within the boundaries of these United States. And not known by most is that the governors of most of these 50 states have the power to grant pardons or reprieves for offenses under their state’s criminal law. And in those states where the governor does not have that power said power is then adjudicated to an appointed agency or board, or to a board where they and the governor merge together with that of the state’s parole board.

And what does this mean in relation to Hilary being pardoned…it means that there still might be a way to hold her accountable for her treasonous and murderous actions with an Obama pardon being negated to some degree. 

Let me explain.

While most believe that one has to be convicted of a crime in order to be pardoned nothing is further from the truth for the fact is that a presidential pardon can be issued dating from the time an actual offense is committed all the way up to the time a full sentence has been served. However, a pardon cannot be granted before an offense has been committed.

Of note, Richard Nixon was granted what’s known as a ‘pre-emptive’ pardon by Gerald Ford thus absolving Nixon of "all offenses against the United States which he…has committed or may have committed or taken part in" while he served as President. And Ford did so before any charges against Nixon were filed thus preventing them from ever being done so. And while Nixon had been convicted in the court of public opinion, he did resign “for the good of the nation” over the Watergate scandal.

And this ability to issue a ‘pre-emptive’ pardon goes back to 1866 when the Supreme Court ruled in ‘Ex parte Garland’ that the pardon power "extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment"…with the key words being “after its commission.”

So what does this mean in relation to Hillary Clinton and her many crimes committed…it means that even without an indictment being forthcoming Hillary can still be ‘pre-emptively’ pardoned by Obama in regards to the email scandal, her involvement in Benghazi, and for her hand in the ‘pay for play’ Clinton Foundation scenario, but there still remains a way for her to be prosecuted for all three even with an Obama pardon in place. But first a little side track as many believe that Obama can pardon himself with a swipe of his infamous pen for anything he has done that might be illegal, but the truth is he cannot because the Constitution and the general principles of the traditions of U.S. law leads to the conclusion that a self-pardon is indeed constitutionally not permissible as it would violate the standing principles that a man should not and must not be a judge in his own case…that the rule of law is supreme and that we are a nation of laws not men…and that the President is not above the law.

So with Obama out of the way on the issue of pardoning himself, and with the sure to come pardoning of Hillary Clinton soon on the way, thankfully even that particular pardon comes with a major caveat and a loophole, if you will, that might allow any Obama issued pardon of Hillary to be negated to some important degree. First, in regards to Benghazi…it’s important you remember what I stated previously, that Obama’s pardon powers extend only to crimes Hillary may have committed within the boundaries of the U.S. And while it now appears that Benghazi was indeed orchestrated here by Hillary while in her position as Secretary of State, the actual crime itself (the illegal guns and weapons running and the targeted kill of Ambassador Stevens) was committed in a foreign country (Libya). 

Therefore, I believe, Hillary might still legally be able to be prosecuted in any other country involved in the happenings at Benghazi (Saudi Arabia for instance as they funded the attacks via monetary contributions to al-Qaeda, the 17 Martyrs Brigade, and Ansar al-Sharia) thus stripping Obama’s sure to come pardon of its legal teeth if…with the key word being ‘if’…if Saudi Arabia prosecutes Hillary to protect their own interests.

Now as for a pardon for the emails and the ‘pay for play’ actions of the Clinton Foundation…while again those actual incidents occurred within U.S. boundaries via the use of U.S, owned computers and with monies donated deposited into U.S. banks, there is in FBI hands Hillary initiated emails, folders and correspondences that she had with individuals in foreign countries concerning both of these incidents, and those country’s governments where those receiving individuals reside can if they so choose prosecute Hillary on their own for her tying them into what has become…thanks to the WikiLeaks ‘dumps’…provable criminal actions on Hillary’s part… criminal actions Obama is sure to pardon her for just to protect his own sorry self.

Now you might ask why would any foreign government prosecute Hillary Clinton after an Obama pardon…simply because with a Trump administration coming in and with the need to get on the new president’s ‘better side’ if you will…coupled with the fact that Obama cannot pardon himself and with Hillary now not being able to pardon him…they know no retaliation will be done to them if they do decide to prosecute Hillary or even Obama for that matter. That leaves the question of will a now President Trump prosecute a now former President Obama for Benghazi and for his knowledge of the illegalities of the email scandal and the Clinton Foundation? And if he does so is there a legal right to negate or throw out any of Obama’s pardons issued in the same way he can negate and throw out any or all of Obama’s Executive Orders issued? 

Some legal minds believe there is a possibly of negating a Hillary pardon that does not involve the incursion of foreign governments if said pardon was obtained through an act of fraud committed by Obama…which would then automatically render said pardon null and void. And what would allow for that specifically…if Obama when serving as President is proven in a court of law to have been as corrupt and in collusion with the very person he pardoned …in this case Hillary Clinton…or if the pardon was given to cover his own crimes…as in to prevent the possibility of his own criminal prosecution. Then any pardon given Hillary Clinton would be ruled an obstruction of justice and allow for the Supreme Court to officially declare the pardon to be invalid…yet another reason why it is so important that the High Court remain ‘red’…and allow for Hillary to be prosecuted to the full extent of the law. 

But know this…reversing or negating an Obama pardon can only be done if a Trump administration once in place brings formal charges against Barack HUSSEIN Obama…and hopefully they will if for no other reason than to seek justice for Christopher Stevens, Sean Smith, Glen Doherty, and Tryonne Woods.

So now as the kumbaya left is melting down because of the Trump win…as college students are crying like wee babies while sucking their collective thumbs…as folks in the Black Lives Matter movement riot and set fires yet again amid calls of racism against Obama and sexism against Hillary…know that a meeting took place in D.C. yesterday between Obama and Donald Trump to lay out the transition scenario that cannot come soon enough. And while the two men met new First Lady Melania Trump met with the national disgrace that is Michelle Obama…and how I would have liked to be a fly on that wall.

And as the election dust is finally starting to settle…as we as a country pick ourselves up and move on…we can now take a deep sigh of relief and prepare for a future given back to America with the Trump/Pence win. And all I can say is thank you to all who did the right thing by putting 'America First' before their own selfish consciences, but I truly hope that all who did put their conscience first will at least now give Donald Trump a chance for I think he will pleasantly surprise you and set right the Republican party again.

************************************************
RIGHT SIDE PATRIOTS...LIVE!

Today, Friday, November 11th, from 7 to 9pm EST on American Political Radio, RIGHT SIDE PATRIOTS Craig Andresen and Diane Sori will discuss the presidential election, Diane will explain how an Obama pardon of Hillary can be overturned, and Craig will give a snarky and oh so funny take on the election.

Hope you can tune in at: bit.ly/2cpXuRd

Monday, July 20, 2015

Op-ed:
Violating the Constitution Yet Again
By: Diane Sori / The Patriot Factor / Right Side Patriots on CPR Worldwide Media www.cprworldwidemedia.net

"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur."
- Article II, section 2 of the U.S. Constitution

Fact: the U.S. Constitution clearly states that the Senate must approve any and all treaties...and the Iran deal is technically a treaty whether Obama likes it or NOT. And yet Obama and his minions are pushing hard, based upon a provision in the deal, for a U.N. Security Counsel resolution to force an immediate lifting of all international sanctions on Iran as per his...and know this is his...deal with the enemy and doing so before Congress either approves or hopefully rejects it. And know that if Obama does succeed in doing this it will be another blatant in-our-face abuse of executive power as he outwardly once again shows his total contempt for Congress, making this one more case for impeachment...that is if Congress has the guts and fortitude to do what they know needs to be done.

Remember, back in May, when after the 'framework' deal was reached in Geneva, Obama signed the 'Iran Nuclear Agreement Review Act' (INARA) that he said assured 'We the People' that Congress would have the final say on any deal reached with Iran...well...as usual...it was but another one of his oh so many lies. Knowing there was a 'loophole' in the law as written...a loophole which states that the INARA only applies to 'statutory sanctions'...meaning those sanctions already passed by Congress...Obama is now claiming that any other sanctions...even those already in place or any new ones that are placed on Iran...are within his power as president to unilaterally...with his 'pen and his phone'...either impose or remove at his whim.

And here's a little but very important tidbit many might NOT be aware of...when Obama signed the INARA it came with the verbiage lowering the votes needed for passing an international agreement...meaning instead of requiring the usual two-thirds majority for Senate approval...this very bad deal that is NOT due to come to vote until September...now only requires a simple majority vote for approval in both Houses. But to make matters worse a full two-thirds majority (67 votes) is needed for a 'resolution of disapproval'...and that means at least a half-dozen Democratic votes are needed to override Obama's veto...a veto we know will surely come if the deal is indeed rejected. But with a vote once expected to come down against the deal now hampered by the fact that some on the Republican side and many on the Democratic side are considering approving, the administration is working in overdrive to lay the guilt that if the deal goes sour the U.S. and Obama will be seen as 'weak' on the international stage, never mind that he and the U.S. thanks to him already are.

So by sending this to the U.N. before September's Congressional vote...and knowing how the U.N. does Obama's bidding especially when that bidding blatantly slaps both the U.S. and Israel in the face...Obama has assured that first, Congress will NOT be able to review the entire deal...in this case the lifting of the sanctions....the very thing we hold over Iran's head...before voting on it and second, even if Congress does reject the deal the best they can do is keep in place the limited sanctions we have already unilaterally imposed, but even that has the caveat of Obama still being able to use presidential waivers to lift those.

Talk about making a deal with the devil...talk about the devil making a deal with himself.

Now enter center stage Israeli Prime Minister Benjamin Netanyahu...the world's last great statesman. Forced by circumstances to lead the rightfully strong opposition to this very bad deal, Netanyahu knows NOT only the obvious ramifications a nuclear armed Iran poses to Israel, but also knows that Iran is NOT even trying to hide the fact that it will use a large portion of the monies it gets from the released sanctions to further fund terror worldwide. Speaking before the Israeli cabinet yesterday, BiBi pointed out that those who think signing such a deal with Iran would have Iran “tempering its extremism” are sorrily mistaken as Iran's Supreme leader Ayatollah Ali Khamenei...in a speech at a Tehran mosque on Saturday...in a speech interrupted time and again by shouts of "Death to America" and "Death to Israel"... said Iran would NOT allow the “disruption of its revolutionary principles or defensive abilities” and would “continue their fight against the United States and its allies, Israel being chief among them."

“Their fight”...can it be made any clearer than that...I think NOT as Iran has basically just told the world that deal or NO deal they will continue on in their quest to become nuclear armed, but sadly it seems that only Benjamin Netanyahu is heeding those words. Countering with oh so wise words of his own that, "The deal that was signed paves the way for Iran to arm itself with nuclear weapons, perhaps in a decade, if Iran decides to honor the agreement, and much sooner if it decides to violate it, as it tends to do," Netanyahu knows well what Obama is trying to pull by going to the U.N. before Congress has its say.

Remember, the only way for Congress to run shotgun over this very bad deal is for it to be introduced in the Senate as a treaty...as it should be as per our Constitution. Unfortunately, that decision rests with Senate Majority Leader Mitch McConnell... RINO Mitch McConnell...and there's NO telling what he will do especially when Obama, as I said above, has threatened to use his executive powers to implement this deal if Congress dares to reject it. But the bottom line remains that this deal stinks from the get-go especially with the part about NO inspections going forward without basically Iranian approval...I mean really...who does Obama think he's kidding in agreeing to this.

This is one very bad deal that Congress...that both Republicans and Democrats... should unite together to reject in its entirety and instead issue a strong ultimatum to both Barack HUSSEIN Obama and to Iran that all nuclear enrichment must stop and stop now or military options will force them do so; that sanctions will be increased ten-fold; that embargoes will be put in place that will totally cripple Iran's economy; that Israel will be given the 'green light' to do whatever they deem necessary to assure their survival with the U.S. standing strongly besides them; and that the U.N. be damned for Iran has broken the 'Nuclear Non-Proliferation Treaty' time and again and still they have NOT done anything about it.

The time for placating our enemies is over...and that includes the enemy occupying the White House...an oh so-special kind of enemy who cavalierly violates the Constitution at whim as he pursues the things he and his brethren want...as he willingly acquiesces to the wishes of the brethren...all while ignoring that which 'We the People' want. But then again Congress knows this and has proven by their previous votes that they either just do NOT care, that they will tow the party line NO matter what, or that they are too damned scared of Obama flashing the race card to do anything about it, meaning they are just as guilty of violating the Constitution as Obama is. And know that his wanting this deal to go to the U.N. before being decided upon by Congress is just another of his many Constitutional violations.

So now Congress has one more chance to do the right thing but I won't hold hold my breath that they do, but know that this time their actions or lack thereof will NOT only affect the U.S. and Israel, but will have serious worldwide ramifications if they allow this very bad deal to go through.