Thoughts on the Impeachment Charade from LCTP Chair Maurice Freed...

[William Gavette]

MAURICE DAVID FREED, JD
FREED AGENCY/LAWYER’S HELP INVESTIGATIONS
Lapeer, Michigan 48446
[e-mail]
December 20, 2019
Republican National Committee
PO Box 96994
Washington DC 20090-6994
Attn: Ms. Ronna McDaniel
Chairwoman, Republican National Committee

Re: Impeachment - “ME THINKS WE PROFESS TOO MUCH!!”
Dear Ms. Ronna McDaniel:

The purpose of this communication is to address the importance of the Constitution as the foundation of our Democratic Republic. Whatever your political affiliations are, the present impeachment process is doing irreparable harm and injury to both the US Constitution and the Country which operates under its edicts, principles, rules and laws.

In reviewing what is happening, it is clear that the fundamentals of Article II, Sec. 4 of the Federal Constitution, and the Bill of Rights affording protection to every citizen (including the President) is being violated. I refer you to such terms as presumption of innocence, due process, the right of the people to be secure in their persons, property, papers, personal effects and homes from unreasonable searches and seizures (i.e., invasion of privacy), the right to confront accusers, the right of representation in a criminal prosecution (persecution), the right to be informed of the charges being brought, and the right to a speedy trial by jury of your peers.

Additionally, we have a process to secure the proper application of laws by a form of “checks and balances” by co-equal branches of government defined as the Executive, Legislature and Judiciary. The process is furthered by an election which secures a non-forceful means or peaceful voluntary transfer of power. This is accomplished in the name of “We the People” who exercise thise right by a mandate referred to as a “vote”. As to the Executive branch of government, the Founding Fathers agreed and implemented a system of an “electoral college “ to assure that all citizens are properly represented in the process, particularly those who reside in remote rural communities.

In 2016, the Country went through an election process. The main focus of that election cycle was the election of a President. This occurs as the past Administration was term limited. As we recall, the Democratic Party nominated their successor to Barrack Obama to be Hilary Clinton; and the Republican Party chose a non-political novice to the process to be Donald J. Trump. We know the results.
What has happened during the past three years during the Trump Administration? Mr. Trump ran on a platform to do something completely different then past administrations so as to restore “America to Greatness” as a leader in the free-world. Therefore, terms and slogans were used such as draining the swamp, reduction of government in the daily affairs of its citizens, restore the military to prominence, reinforcement of the free enterprise market system, and engage foreign governments to appropriate their own funds to support in their defense, and to renegotiate unfair trade activities between foreign entities to protect the interest of the US citizens. Elections do matter!

Donald J. Trump was elected under our system of government. I believe, as do many citizens in this Country, that he has fulfilled or is the process of fulfilling his promises on the Agenda put forth. His accomplishments are numerous including economic prosperity, jobs creation, tax relief, a strong economy and a low unemployment situation internally in the US. I believe that he can continue to do good things for the US and possibly successfully complete his Agenda. The question becomes: “Why is there a major vocal faction in the US which protests” the current climate?

This internal faction has been carried too far by implementation of a system referred to as: “impeachment”. This can also be referred to as a recall or voter nullification in an attempt to remove a duly elected official from office. This sets a very dangerous precedent to this Country and completely undermines fundamental principles of fairness and justice upon which this Country was founded. The record does not establish any wrongdoing whatsoever or any impropriety. Furthermore, there is no misfeasance, malfeasance, nonfeasance or breach of any fiduciary duty to the citizens of the US while in office. Impeachment is an extraordinary remedy not warranted under the present circumstances.

The major allegation implies that somehow the President, using his office, exerted undue influence upon a foreign government to initiate an investigation into corruption by the foreign entity. It appears further that a utility company (Barisma) is implicated in this corruption. The facts disclose that Hunter Biden had an employment relationship with a company being investigated for corruption. Since Hunter Biden is a relative to a former high ranking official in the US Government, Vice President Joe Biden, which occurred prior to the 2016 election, the idea that this was personally benefiting President Trump for the 2020 Presidential campaign, rather than the citizens of the US, seems tenuous at best. On the contrary, there appears to be an appearance of impropriety by this nexus between the Bidens and the corruption alleged in the Country of Ukraine.

Legislative appropriations for foreign aid to a country engaged in war requires that these funds be used for the purposes intended; i.e., not misappropriated and/or laundered to a corrupt entity. The Executive branch of government is in control of the release of these funds subject to the Legislative mandate compelling investigation of corruption. The President, under the present circumstance, did exactly what the law required. All US citizens should be aware that our President is very cognizant to be responsible to exercise due diligence in the release and allocation of funds for foreign aid. Administratively, our Executive branch was assured that the funds being appropriated and forwarded to the Ukraine Government, shortly after the election of their new President Zelinsky, was performed in a proper manner and would be used as proscribed by the US Legislature.

Now, however, the opposition party to our President alleges through investigation, that the Executive branch has committed 1) Abuse of Power; and 2) Obstruction of Congress through the investigation process by the House of Representatives. The underlying claim is interference with the election process by a foreign entity at the invitation of our Executive which jeopardizes our National Security. This is allegedly accomplished by leveraging foreign aid to a Country while at war. Art. II, Sec. 4, of the US Constitution states that the “President . . . shall be removed from office on impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

The House of Representatives of the US Legislature prefaced their investigation upon tainted and unlawful procedures as acknowledged by the third branch of government, the Judiciary. The Executive branch of government was subject to an illegal surveillance, eavesdropping and intrusion into privacy in violation of the 4th Amendment right to be protected against unreasonable searches and seizures. In a Court of Law, such actions would strike down the process and dismiss any type of prosecution. It is clear by an independent investigation of the FBI by the Department of Justice that the procedures implemented under FISA for issuing warrants were significantly and unconstitutionally violated. This process continued uninterrupted over a period of two years. Therefore, the taint of the process invalidates the impeachment process.

The next issue addresses the right of subpoena or to compel the production of documents and appearance of witnesses during an investigative procedure. The claim asserts that the Executive branch did not cooperate in the investigation and did not comply with numerous requests for certain witnesses to appear and testify (without the assistance of legal counsel) and for the production of numerous documents. The remedy for enforcement of subpoenas duces tecum (bring with you) is by access to the Judiciary to resolve differences between the two branches of government. The Legislature refused and chose not to avail themselves of the appropriate legal remedy. In this instance, the Legislature is deemed to have waived their rights under the subpoena. Therefore, the claim of Obstruction of Congress falls.

It appears to me that not only has the Executive branch of government properly complied with his oath of office, but performed his duties diligently by protecting the interest of taxpayer’s dollars in disbursement of funds appropriated for aid to a foreign Country engaged in war. Our National Security was preserved by the President’s Administrative actions. There has been no crime committed; no high crime or misdemeanor, bribery or treason.

To use the impeachment process against an Officer of the US Government, let alone the President of the US, under the facts and circumstances presented, is a travesty which does irreparable harm and injury to the Country. The action of impeachment not only tries to nullify the votes of the electorate, but will foster competition among the branches of government. If impeachment is successful here it will have accomplished this by usurping the power of the Executive. This will destroy the checks and balances provision of the Constitution by shifting the balance of the co-equal three branches of government to the Legislature! The Speaker of the US House of Representatives stated “WE CANNOT TRUST THE VOTERS, THEREFORE WE MUST IMPEACH”. This is the attitude which has been fostered for over two years since the 2016 election cycle. We must reinforce our constitutional Democratic Republic and not allow the impeachment to continue!!.

Sincerely: Maurice D Freed, Chairman of the Lapeer County MI Tea Party

P.S. I am also transmitting the idea that if the Articles of Impeachment voted on the by House are not immediately presented to the US Senate so that a trial procedure is initiated, then, in that event, the Senate and the President's counsel should immediately bring an emergency Motion to Dismiss before the US Supreme Court based upon the theory that the Impeachment lacks any evidentiary foundation to support probable cause to believe that any crime or wrongdoing had been committed by the President and for failure of the US House to afford the President a speedy trial and/or expeditious resolution of the dispute; and thereafter pursue a Motion to Expunge any reference to an Impeachment procedure from the record of this President. This would be the legal precedent necessary to protect the Constitutional aspect of the US Democratic Republic to assure that this procedure can never be done again in this manner!