Search
  • Staff

Donald J. Trump Violated Treason, Sedition and Subversive Activities Act, Title 18 USC 2383, 2387

Updated: 6 days ago



For those in the United States Senate and throughout the enabling base of Donald J. Trump who insist on having chapter and verse of a specific United States high crime criminal law, thank the press, our retired service members, the Donald's own tweets, Cornell Law, our nation's universities and President Joe Biden for leading us to the precise criminal laws that concisely capture Trump's disregard for human life, human decency, human rights, the U.S. Constitution, our rule of law, military discipline and the basic concept of duty, honor, country.


Because words matter, Formal Specifications of Trump and friends' crimes may be found at the end of this article.


THE LAW OF PRINCIPALS


Donald J. Trump and friends' crafting of a false election fraud narrative and then using that narrative to foment unrest, inviting those now frenzied zealots to a rally in Washington D.C. for the specific purpose of overturning a lawful election and new government was part of a crime. An illegal assault on our rule of law and on our democracy.

18 U.S. Code § 2 - Principals:  (a)Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal; (b)Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.
HIGH CRIME

Trump has committed insurrection in violation of 18 USC 2383.

18 U.S. Code CHAPTER 115TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES § 2383 Rebellion or insurrection.   Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

Trump has committed subversive activities in violation of 18 USC 2387.


Trump's pardoning of murderers and war criminals was part of a premeditated crime, --a betrayal of the Constitution that granted him the powers to do so - an illegal attack on the discipline and humanity of our Armed Forces, our Constitution, the rule of law and our right to be secure. A grave high crime when the perpetrator is encouraging refusal of duty by members of the military and naval forces, --the duty to not follow orders which are manifestly illegal, to report illegal orders to the chain of command, to ensure the disciplined use of military force, to abide by the Law of War and to not commit murder and other acts of excessive force, illegal violence, treason and other crimes against our peace and dignity.


18 U.S. Code CHAPTER 115TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES § 2387 Activities affecting armed forces generally.  (a)Whoever, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States:  (1)advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States;...Shall be fined under this title or imprisoned not more than ten years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

WORDS AND ACTIONS MATTER


First, there was a campaign promise made by Trump to commit actions which are currently considered war crimes (manifestly illegal), to "take out whole families," saying “If I say do it, they’re going to do it." With his intentions unmistakably declared to violate the constitution, he then perjured his oath gaining access to the presidential powers of pardon.


As President, Trump did make the overt demonstration of the presidential powers in the granting of pardons to murderers and war criminals. He issued the reinforcing message directed to our Armed Forces, declared at the time of the pardons, of, "I've got your backs." He compounded all this when he interfered with the Constitutional authority of Congressionally mandated disciplinary proceedings and ordered the Secretary of the Navy to forsake good order and discipline. He further compounded his crime by punishing those in the military whose adherence to duty is in conflict with his personal and political agenda. Trump has lined the Streets of Washington D.C with fully armed troops, pointed his finger at United States Citizens and said, "They are terrorists (take out whole families)."


Trump did then build a fake scenario of election fraud and fomented unrest around that scenario in an attempt to unlawfully remain in office. Trump has filled the Streets of Washington D.C. with frenzied zealots, pointed his finger at the United States Congress and said "they are stealing the election," lets march over there.


PRAYERFUL PAUSE


I’m reminded of a dream I had. A young woman was in the dream and she stated:

“his words heave and grieve while my words cleave and breathe.”

Since then I’ve wondered about the import of such a conflict of ideologies and why it was so poetically beautiful as to wake me in the middle of the night in complete astonishment.


Donald J. Trump -- has knowingly, willingly, intentionally and illegally attempted to influence the loyalty, morale and discipline of our military, police, militia forces and citizenry with the Presidential assurance that it is OK to commit murder and other acts of excessive violence, "that he has their backs," that they "must not be so nice." Murder, whether "planned or committed when logical thinking has been suspended such as during moments of great emotional stress, under the influence of drugs or alcohol," through fear of a collapsed economy, in the heat of combat, during protest marches, while making an arrest, running for reelection, or any time, is the highest and most grievous and heinous of crimes one can commit against humanity. It takes away from the victim all he has or ever will have. With that said, when Trump placed military forces on U.S. streets, fully armed with lethal weaponry, and told us all that peaceful protesters were in fact terrorists, he did at that time seal his grave high crime against all Americans.

"My presence (at Lafayette Square for a Bible-toting photo in front of St. John’s Church) in that moment and in that environment created a perception of the military involved in domestic politics. We who wear the cloth of our nation come from the people of our nation, and we must hold dear the principle of an apolitical military that is so deeply rooted in the very essence of our republic. I should not have been there. As a commissioned uniformed officer, it was a mistake that I have learned from and I sincerely hope we all can learn from it." General Mark Milley, current Chairman of the U.S. Defense Department Joint Chiefs of Staff.

Such has been Trump's subversion of our military that not even our top ranked active duty uniformed military General was able to make a clear distinction until it was too late.


Trump has suggested the use of our military to overturn the election results. Trump has pardoned political associates whom now emboldened have openly called out for the declaration of martial law and the use of our military to overturn the government of states to secure an illegal election result.

MORE FACTS AND LAW


Trump’s actions were not spur of the moment crimes. His intentions are clearly seen, even declared, from before he was elected, promising that he would violate the constitution and command a military that would refuse their mandated duties. President

Trump declared that he would “take out the families” of terrorist suspects, assuring skeptics that the military would not refuse his commands, even though service members have a duty to refuse orders that are manifestly illegal. “If I say do it, they’re going to do it.” The Atlantic, Adam Serwer

Mike Pompeo, Former U.S. Army Captain, U.S. Representative, CIA Chief and now Secretary of State, upon hearing Trump's eagerness to order a "soldier to commit a war crime" warned us in that Trump would be

an "authoritarian" leader who would "ignore our Constitution." He went on to assert that the nation's soldiers "don't swear an allegiance to President Trump or any other President ... They take an oath to defend our Constitution,...as Americans." Jason Lemon, Newsweek, August 19, 2019

Trump has abused the office of Commander in Chief in willfully attempting to ensure our military is one that lacks humanity in blatant disregard to the purposes of the Law of War:

1.3.4 Purposes of the Law of War. The main purposes of the law of war are: ... • assisting military commanders in ensuring the disciplined and efficient use of military force;50 and • preserving the professionalism and humanity of combatants. 51

In the pardoning of War Criminals Trump did wholly and deliberately fail to comply with his Law of War duties as Commander in Chief in direct violation of his oath of office to faithfully execute those duties:

3.9 LAW OF WAR DUTIES ALSO APPLICABLE IN PEACE Some law of war obligations also apply in peace, i.e., even when a State is not engaged in an armed conflict. For example, States must: train their armed forces in accordance with the law of war. 

Trump chose a regimen of training for our Armed Forces that there is no consequence for committing war crimes, stating "I've got your backs." This was a grave violation of his oath of office to faithfully train our Armed Forces otherwise and a message to our troops in violation of the Treason, Sedition and Subversive Activities Act.


TRUMP'S WHAT'S GOOD FOR DONALD TRUMP DOCTRINE


All roads lead to authoritarianism for Donald J. Trump. A preponderance of the evidence will show that he had no belief his actions were the right thing to do. Admiral McRaven reminds us that

"President Trump is a transactional President." ADM McRaven career Navy Seal. Senior spec ops commander. The JSOC commander who organized killing Bin Laden. Integrity. Personal courage. Servant leadership. His concern for Trump’s disastrous impact on US national security is profound says Four Star US Army General Ret. Barry R McCaffrey.

Donald Trump's created narrative of "I'll take out whole families, If I say do it, they will do it" is a self serving narrative endearing him to Erik Prince, the former head of Blackwater. This narrative exactly matches the conduct of Blackwater contractors in Iraq where

At a traffic circle in Baghdad, four armed Blackwater contractors killed 17 civilians, including women and children, and injured another 20, many seriously. Military experts widely condemned the killings. “A grossly excessive use of force,” said one retired army colonel. A later U.S. government memorandum concluded: “None of the victims was an insurgent, or posed any threat to the [Blackwater] Raven 23 convoy.” Sean McFate, The Hill

Maggie Haberan and Michael S Schmidt detail the connection between Trump and Prince in this NY Times Article:

A tabulation by the Harvard Law School professor Jack Goldsmith found that of Mr. Trump’s 45 pardons or commutations before Tuesday, 88 percent went to people with personal ties to the president or to people who furthered his political aims. The pardons “continue Trump’s unprecedented pattern of issuing self-serving pardons and commutations that advance his personal interests, reward friends, seek retribution against enemies, or gratify political constituencies,” Mr. Goldsmith said Tuesday. “Like his past pardons, most if not all of them appear to be based on insider recommendations rather than normal Justice Department vetting process.” The pardons of the Blackwater contractors have direct links to two of Mr. Trump’s close allies: Erik Prince, the former head of Blackwater, and Mr. Prince’s sister Betsy DeVos, the education secretary. Mr. Prince’s own conduct was investigated by the special counsel’s office. During the 2017 transition, Mr. Prince met with a Russia-sanctioned banker in the Seychelles to come up with ways the Russian government and the incoming Trump administration could cooperate. The case involving the Blackwater contractors was one of the low points in the Iraq war: The killing of the civilians in Nisour Square, which destroyed any remaining credibility the United States had with Iraqis. The case highlighted the outsize role that military contractors had taken on to help beleaguered American forces in Iraq and led to a series of disclosures about how American contractors were acting like thuggish militias throughout the country. Prosecution proved to be an enormous headache for the Justice Department, as investigators first needed to collect evidence at a crime scene on the other side of the world. In 2009, a federal judge dismissed the cases against four of the contractors, arguing that investigators had relied on tainted evidence. Two years later, the federal appeals court in Washington reversed that decision. Although the case was reopened, it still took many years to resolve it. In 2019, Mr. Slatten was sentenced to life in prison for what prosecutors alleged was his role in firing the first shot in Nisour Square that killed a civilian and led to contractors firing grenades and machine guns into the crowd. New York Times, December 24, 2020.

Donald Trump believes having a Trump Tower in Russia is good for the U.S.A. because it is good for Donald Trump.

The Trump Tower Moscow discussions were “going on from the day I announced to the day I won,” Mr. Giuliani quoted Mr. Trump as saying during an interview with The New York Times.

ARGUMENT


Back during the energy crisis in the United States, then President Jimmy Carter recommended the Nation adopt energy saving habits, such as driving at 55 mph and to turn the thermostats down to 65° in our homes during the winter. My great grandfather, who at 92 years old was still plowing half a field behind a mule and a hand plow and at 94 decided it was time to get baptized; at 98 years old he followed the advice of his President, turning down his thermostat giving both himself and my great grandmother each a serious case of pneumonia. Neither got to live in their home again. My great grandmother died shortly thereafter and my great grandfather spent the rest of his life in a nursing home where he passed away at the grand old age of 101. One of my fondest memories was the family reunion celebrating his 100th birthday that he almost didn’t make. My great grandmother deserves the Presidential Medal of Freedom.


The point here is that patriotic Americans do indeed listen to and follow the advice of our President, even to their own detriment and the detriment of others.

"Trump has blurred the line between the office of the presidency and the campaign to such a degree that it is making it much more difficult for troops to make that distinction on their own," John Kirby, a former Pentagon spokesman.

A month or so before election day, I visited Findlay, Ohio, population 41,000 plus souls, on a Saturday. The city was two days removed from a visit by the President's son, Don Jr. The city was decidedly energized politically. I drove into town on Main Street only to notice groups of people walking towards the city center and people camped out on their lawns with lawn chairs and Trump signs. There were vehicles going up and down main street sporting Trump flags, banners and signs in a constant procession that took on the appearance of a homecoming parade. I drove through several miles of this to arrive at the Courthouse square where a group of Biden supporters were holding a planned rally. All totally peaceful yet quite surreal. There was lots of honking downtown as Biden supporters passed the Courthouse and claxonned their approval even as the steady stream of vehicular Trumpers passed to and fro. There was one Trump enthused "agitator" in the midst of the Biden rally that was being confronted by a policeman. The agitator's aim seemed clear, to disrupt the Rally by spouting with a loud voice whatever rhetoric he could muster.


I parked and struck up a conversation with the peace officer by suggesting that he look into Trump's violation of 18 USC 2387. In just a few passing moments of conversation and observation of the policeman, I could tell he was passionate and conscientious about his job, with character strong enough to hold himself in check despite his personal beliefs. We need policemen like him and I'm glad he was present. What I was not prepared for was his belief that the war crime pardons were totally correct and that he was in full support of the vigilante style execution performed by one of the pardoned service members. At this I was shocked. I was raised with the opinion that justice without having been "judged" is not justice, but vigilantism, revenge, murder and decidedly wrong. When we start down that slippery slope, bad things always happen. Our laws prohibit such actions and our military should be governed by our laws. Whereas laws can be passed that allow murderers and sex offenders to be put down or neutered like the animals they have become, the rule of law and the right to be judged should not be circumvented. Allegations of wrong doing are just that, allegations. No matter how bad the allegations, the accused has a right to be heard and defend himself and to be judged according to the laws of the land.


While some members of our our police believe summary execution to be OK, beliefs are just that, beliefs until acted upon. But for our president to stoke that belief, and worse, to pardon criminal action in that belief, is abominable.


UNITED STATES CONSTITUTION


Article I Section 8

The congress shall have power ... To make rules for the government and regulation of the land and naval forces;...

Article II Section 3: The President...

shall take care that the laws be faithfully executed,...

The Congress has been given power over the military while the President has been given job instructions.

“Absent evidence of innocence or injustice the wholesale pardon of US service members accused of war crimes signals our troops and allies that we don’t take the Law of Armed Conflict seriously. Bad message. Bad precedent. Abdication of moral responsibility. Risk to us.” Joint Chiefs of Staff, Gen. Martin Dempsey
One of his most egregious acts was to use troops to clear peaceful protesters from Lafayette Square for a Bible-toting photo in front of St. John’s Church. Major General Rick Devereaux, USAF (Ret.)
“Fifty years ago I swore an oath to support and defend the Constitution. Never did I dream that troops taking that same oath would be ordered under any circumstances to violate Constitutional rights of their fellow citizens — much less to provide a bizarre photo-op for the elected commander-in-chief, with military leadership standing alongside.” Retired Marine Gen. and recent Defense Secretary James Mattis
Disregard for the law undermines our national security by reducing combat effectiveness, increasing the risks to our troops, hindering cooperation with allies, alienating populations whose support the United States needs in the struggle against terrorism, and providing a propaganda tool for extremists who wish to do us harm." Former Marine Corps Commandant, retired Gen. Charles Krulak
"The idea that the commander in chief intervened (in the case of Eddie Gallagher, a Navy SEAL who was convicted last year of posing with the corpse of an Islamic State fighter) there, in my opinion, was exactly the wrong thing to do." Former White House Chief of Staff and Ret. Marine Corps General John Kelly
"As Secretary of the Navy, one of the most important responsibilities I have to our people is to maintain good order and discipline throughout the ranks. I regard this as deadly serious business. The lives of our Sailors, Marines and civilian teammates quite literally depend on the professional execution of our many missions, and they also depend on the ongoing faith and support of the people we serve and the allies we serve alongside. The rule of law is what sets us apart from our adversaries. Good order and discipline is what has enabled our victory against foreign tyranny time and again, from Captain Lawrence's famous order "Don't Give up the Ship," to the discipline and determination that propelled our flag to the highest point of Iwo Jima. The Constitution, and the Uniform Code of Military Justice, are the shields that set us apart, and the beacons that protect us all. Through my Title Ten Authority, I have striven to ensure our proceedings are fair, transparent and consistent, from the newest recruit to the Flag and General Officer level. Unfortunately, it has become apparent that in this respect, I no longer share the same understanding with the Commander in Chief who appointed me, in regards to the key principle of good order and discipline. I cannot in good conscience obey an order that I believe violates the sacred oath I took in the presence of my family, my flag and my faith to support and defend the Constitution of the United States." Former Acting United States Secretary of Defense, former Acting Deputy United States Secretary of Defense, 76th United States Secretary of the Navy and Marine Corps Captain, Richard V. Spencer
I know that these men were undeserving of pardons because I was a member of The FBI Evidence Response Team that traveled to Iraq and investigated the site of these killings. Thomas O'Connor, Retired FBI.

Trump was endorsing past war crimes, and future war crimes, as his very own. That he would indemnify soldiers who commit war crimes, that he would close the doors of justice for victims of war crimes, saying "I've got your backs." Typical to his behavior throughout his Presidency though, President Trump then deflects blame for making the pardons --from himself to us as a nation. That since we trained our Armed Forces to kill that we shouldn't be ashamed when they kill with complete disregard to the Law.


Because of Trump's violations of our laws, for the first time in American history, an international court now approves war crime investigations of US forces. They cite in their reasoning for the investigations "the Court's essential role for victims when all other doors to justice are closed." The Court is saying there is no justice to be found in the United States of America. We should be ashamed.


Trump's argument can be likened to a licensed driver who says he can drive through a crowd of pedestrians because we taught him how to drive.


Our soldiers are trained that they must abide by the Law of War. Our Commander in Chief completely disregarded the Law of War and now the entire free world is outraged.


Trump also argues that the crimes were committed in the heat of combat. However:

“most capital crimes are committed in the heat of the moment. Most capital crimes are committed during moments of great emotional stress or under the influence of drugs or alcohol, when logical thinking has been suspended.” And “when crime is planned, the criminal ordinarily concentrates on escaping detection, arrest, and conviction. The threat of even the severest punishment will not discourage those who expect to escape” the consequences. Hugo Adam Bedau, Austin Fletcher Professor of Philosophy, Tufts University, Excerpts from “The Case Against The Death Penalty," (Copyright 1997, American Civil Liberties Union)

It is precisely because armed combat brings out the worst in individuals that the Laws of War have come into existence.


ABUSE OF OFFICE


The granting of pardons falls in the purview of the President and this is not to be argued. His power of pardon is one of the many checks and balances placed in the Constitution. However, the exercise of one right does not cast away other duties and obligations that attach through the Oath of Office of the Commander in Chief. He must take care that he himself faithfully executes the laws. It does not grant him personal immunity for behaving contrary to the rule of law. Just because you are given a license doesn't mean you get to abuse that license.


When Trump expressed the Oath of Office he became shackled to the Law of War. The Law of War, ratified by our congress and made part of our nation’s laws, applies to the States or Nations of the world who gathered together to establish protections against the extreme terrors of war:

protecting combatants, noncombatants, and civilians from unnecessary suffering; providing certain fundamental protections for persons who fall into the hands of the enemy, particularly prisoners of war, civilians, and military wounded, sick, and shipwrecked; and facilitating the restoration of peace.
“His job is to ensure that the system of justice is protected, not to be a thumb on the scale.” Timothy Naftali, a presidential historian and the director of the undergraduate public policy program at New York University

Trump placed his own personal and political agenda above those duties granted exclusively to Congress.

Trump shamelessly exploited and abused the U.S. military in support of his personal and political agenda. Major General Rick Devereaux, USAF (Ret.)
"I have seen clear manipulation of our military to serve his personal needs." Adm. Steve Abbot, former commander of the Sixth Fleet
"The mob was fed lies," McConnell, R-Ky., said in a speech on the Senate floor Tuesday afternoon. "They were provoked by the president and other powerful people, and they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government, which they did not like."

Without discipline, professionalism and humanity, the military will fall into being nothing more than an armed mob like the Russian mercenaries running rampant throughout the Middle East and North Africa. Congress, not the President, is Constitutionally charged with establishing the bar for what level of discipline is to be maintained by our military.

"Discipline is the soul of an Army, it makes small numbers formidable; procures success of the weak and esteem to all." George Washington.
"We, the U.S military, we are sworn to obey the lawful orders of our civilian leadership...and we will obey the lawful orders of civilian control of the military." General Milley.

Currently, our Congress prohibits war crimes and murder yet President Trump continues his murderous war crime rhetoric while continuously replacing all those in his administration that oppose him such as in the case of Lieutenant Colonel Alexander Vindman.

Kelly, a retired Marine Corps general, said that Vindman is blameless and was simply following the training he’d received as a soldier; ... and Trump’s decision to condition military aid to Ukraine on an investigation into his political rival Joe Biden upended long-standing U.S. policy. Vindman was rightly disturbed by Trump’s phone call to Ukrainian President Volodymyr Zelensky in July, Kelly suggested: Having seen something “questionable,” Vindman properly notified his superiors, Kelly said. Vindman, who specialized in Ukraine policy at the National Security Council at the time, was among multiple U.S. officials who listened in on the call. When subpoenaed by Congress in the House impeachment hearings, Vindman complied and told the truth, Kelly said. "He did exactly what we teach them to do from cradle to grave,” Kelly told the audience at the Mayo Performing Arts Center. “He went and told his boss what he just heard.” Although Trump has long insisted that his call to Zelensky was “perfect,” Kelly made clear that Trump indeed conditioned military aid on Zelensky’s help digging up dirt on the Democratic presidential candidate Joe Biden. That amounted to a momentous change in U.S. policy toward Ukraine—one that Vindman was right to flag, because other federal agencies needed to know about the shift, Kelly said. “Through the Obama administration up until that phone call, the policy of the U.S. was militarily to support Ukraine in their defensive fight against … the Russians,” Kelly said. “And so, when the president said that continued support would be based on X, that essentially changed. And that’s what that guy [Vindman] was most interested in.” When Vindman heard the president tell Zelensky he wanted to see the Biden family investigated, that was tantamount to hearing “an illegal order,” Kelly said. “We teach them, ‘Don’t follow an illegal order. And if you’re ever given one, you’ll raise it to whoever gives it to you that this is an illegal order, and then tell your boss.’” David A Graham, The Atlantic, February 13, 2020.

THE BEFOULING, EGREGIOUS AND OBVIOUS FLAGRANT AFFRONT TO THE BASIC CONCEPTS OF OUR RULE OF LAW


Because the case of the Oath of Office must be completed before assuming office, there is an expectation that, --having invoked solemnity in his oath, a state of dignity in which heartfelt honesty and truthfulness are implied to attend, --the President would work within the law itself in fulfilling campaign promises. However, when the Presidential powers (pardons for war criminals with message "I've got your backs") are wielded to fulfill campaign promises (I'll take out whole families, if I say do it, they will do it") in complete disregard to the law (18 USC 2387), we are shown evidence of the grave insincerity of that oath.


Perjuring an oath also happens to be an actual crime. It is a violation of 18 USC 1621.

18 U.S. Code § 1621.Perjury generally.  Whoever—(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true;...is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

Character is about acknowledging our mistakes and rising above them. The office of the President of the United States of America is 100% about character and values that we want for ourselves and our descendants. Getting the oath right is so important that past Presidents have been asked to retake the oath when just the wording strayed. How much more serious is fraudulent representation in an oath?

“At a time when so much of our public discourse is based on deception or just lies, it is more important than ever that we still have places where the truth can be presented, examined, and discerned.” This is the same assertion judges and prosecutors have made time and again when describing the harm of perjury. The Supreme Court has called it a “pollution,” an “egregious offense,” and an “obvious and flagrant affront to the basic concepts of judicial proceedings.” The Atlantic, Dec.20, 201

PRESIDENT ELECT JOE BIDEN ON TRUMP'S INSURRECTION


“Let me be very clear — the scenes of chaos at the Capitol do not reflect a true America, do not represent who we are. What we are seeing is a small number of extremists dedicated to lawlessness. This is not dissent. It’s disorder. It's chaos. It borders on sedition and it must end now,” Biden said. “It’s not protest. It’s insurrection,” Biden said. “The words of a president matter no matter how good or bad that president is. At their best, the words of a president can inspire. At their worst, they can incite,” Biden said.

CLOSING ARGUMENTS


As has been his conduct throughout his Presidency, he - just - can't - shut - up. President Trump has to claim credit with "my - phone - call - was - perfect," "I - have - got - your - backs," "Do - not - be - so - nice," "They-stole-the-election," and "I-don't-like-Mike-Pence." And the sad part is someone's son or daughter in the military might very possibly take him at his word (as a nation we tried that on January 20, 2017) and do something very stupid and inhuman in following an illegal order and/or in committing a war crime or the heinous crime of murder. He is the President, why wouldn’t they? Example, on May 25, 2020, police officer Derek Chauvin did just that and knelt on the neck of George Perry Floyd Jr. for 8 minutes and 46 seconds, killing him during an arrest.


When President Trump was just Trump and mouthed off at his rallies about killing whole families that "If I say do it, they are gonna do it," was it just sarcasm? Just something he had to tell people to be President? Just like his oath was something he had to tell people to be President? Which was it and why was the former backed up with the overt act of signing pardons for war criminals telling them and all other members of the military that "I've got your backs. "

It is easy to destroy an organization if you have no appreciation for what makes that organization great. We are not the most powerful nation in the world because of our aircraft carriers, our economy, or our seat at the United Nations Security Council. We are the most powerful nation in the world because we try to be the good guys. We are the most powerful nation in the world because our ideals of universal freedom and equality have been backed up by our belief that we were champions of justice, the protectors of the less fortunate. But, if we don’t care about our values, if we don’t care about duty and honor, if we don’t help the weak and stand up against oppression and injustice — what will happen to the millions of people under the boot of tyranny or left abandoned by their failing states? If our promises are meaningless, how will our allies ever trust us? If we can’t have faith in our nation’s principles, why would the men and women of this nation join the military? And if they don’t join, who will protect us? If we are not the champions of the good and the right, then who will follow us? And if no one follows us — where will the world end up? President Trump seems to believe that these qualities are unimportant or show weakness. He is wrong. These are the virtues that have sustained this nation for the past 243 years. If we hope to continue to lead the world and inspire a new generation of young men and women to our cause, then we must embrace these values now more than ever. Ret. Admiral William H. McRaven, former commander of the United States Special Operations Command.

ACKNOWLEDGEMENT


I want to thank Gen. Martin Dempsey, 18th Chairman of the Joint Chiefs of Staff and all those quoted herein. This article is basically written around the quote from Gen. Dempsey found somewhere in the middle of the article. I read that retired generals try to abide by an unwritten code to never talk bad about a sitting president. In that, I want to thank all for not being merely spectators and putting in as much of their two cents worth as each one's code allows him to ethically proceed.


Please take notice that I am not a lawyer and my opinion should not be taken as a legal opinion. I am a former US Army Legal Clerk and Texas Legal Assistant for 20 or so years, a former member of the State Bar of Texas Legal Assistants Division. In the military they taught me to draft the Charges and Specifications for Courts-Martial and Non-Judicial Punishment and I believe that training is put to good use herein. I think it damned appropriate for charges against the President, for his subversion and attempted subversion of the military, --to have been drafted by a lowly army clerk who still remembers his own oath to protect the constitution.


SPECIFICATIONS OF THE ACTUAL HIGH CRIMES COMMITTED BY PRESIDENT TRUMP

President Trump's criminal perjury of his oath, to wit:

On or about January 20, 2017, in the City of Washington, District on Columbia, Donald J. Trump did, before a competent officer, willfully take his oath, an oath that he did not believe to be true, in the case of the Oath of Office of President of the United States, gravely violating the solemnity of the Oath of Office, in that he did not intend to abide by the Oath of Office as that oath pertains to faithfully executing his duties in regard to the Law of War as Commander in Chief, intending instead to interfere with and influence the morale and discipline of the military and naval forces of the United States in such a manner as to cause or attempt to cause refusal of duty by members of the military and naval forces of the United States as pertaining to the Law of War and the discipline of the Armed Forces of the United States as proscribed by Congress and the Constitution of the United States, as evidenced by his campaign promise of "If I say do it (commit war crimes/"take out whole families"), they're going do it" and further evidenced by his subsequent violation of the Treason, Sedition and Subversive Activities Act, Section 2387, Title 18, United States Code, specified below and incorporated herein, an act of perjury in violation of Section 1621, Title 18, United States Code, a grave breach of the peace and dignity of the United States for which the punishment is a fine under Title 18 and/or imprisonment for not more than five years.

Trump’s first criminal violation of the Treason, Sedition and Subversive Activities Act, to wit:

Donald J. Trump, during a period beginning during the year 2019 and continuing thereafter through the remaining duration of his Presidency in January 2021, both inside and outside the territorial limits of the United States,  with intent to interfere with and influence the morale and discipline of the military and naval forces of the United States, by pardoning war criminals, by interfering with Congressionally mandated disciplinary proceedings, by ordering Navy Secretary Richard V. Spencer to "forsake good order and discipline," all while stating,I’ve got your backs,” and by punishing Lieutenant Colonel Alexander Vindman for adherence to duty when that duty conflicted with Donald J. Trump's personal and political agenda, did cause or attempt to cause refusal of duty by members of the military and naval forces of the United States, that duty being to refuse illegal orders, to report illegal orders to the chain of command, to ensure the disciplined use of military force, and to abide by the Law of War, a High Crime in direct violation of the Treason, Sedition and Subversive Activities Act, Section 2387, Title 18, United States Code, a grave breach of the peace and dignity of the United States for which the punishment is a fine under Title 18 and/or imprisonment not more than ten years and ineligibility for employment by the United States, or any department or agency thereof, for the five years next following his conviction.

Trump’s second criminal violation of the Treason, Sedition and Subversive Activities Act, to wit:

On or about  January 6, 2021, in the city of Washington D.C., Donald J. Trump did incite, set on foot, assist, engage in, and give aid and comfort thereto, insurrection against the laws and authority of the United States, a High Crime in direct violation of the Treason, Sedition and Subversive Activities Act, Section 2383, Title 18, United States Code, a grave breach of the peace and dignity of the United States for which the punishment is a fine under Title 18 and/or imprisonment not more than ten years and incapability of holding any office under the United States.

4,240 views2 comments

Recent Posts

See All