U.S. President Donald Trump pauses as he speaks at a campaign rally at Atlantic Aviation in Moon Township, Pa., Saturday, March 10, 2018. (AP Photo/Carolyn Kaster)
Featured News Uncategorized

Impeach? … For What? … Title and Section of USC!

The Right Sidedi

By J. Gary DiLaura

FBI Retired

I just read of another “Law Maker” making foolish, incorrect and ignorant statements. You would expect that a Congressman  would actually know what he is talking about, since he makes the freaking laws. This misleads and misinforms his constituents, like the MSM does regularly!

 “Asking F.B.I. to drop an investigation is obstruction of justice,” Representative Ted Deutch, Democrat of Florida, wrote on Twitter on Tuesday. “Obstruction of justice is an impeachable offense.”

You would think a Law Maker would at least understand the Law and the position the President of the United States holds. Allow me to explain to Congressman Deutch why both statements are truly dumb as can be. We need to assume the Congressman has some  knowledge of his government so we’ll start with the Constitution. There are 3 branches of our government; Executive, Legislative and Judicial. Congressman. Deutch is in the Legislative branch and the President is in the Executive branch. By Law the President is Chief Law Enforcement Officer, CEO, and under Article 2 of the Constitution, has the legal responsibility to supervise his employees and fire anyone, who he has reason (s) to fire… without submitting any explanation to anybody, especially when it comes to Presidential appointees. He hires and he fires, that’s the law.

Assuming Mr. Deutch is talking about the firing of James Comey, there is no doubt the president, who appointed Comey to continue as his FBI Director, absolutely had the right to fire him, when he lost confidence in him and for no other reason. He also, by law, can order the FBI Director to open or close ANY FBI case without explanation. He can order the AG to do the same, with…“Because I said so”, as his only explanation. The evidence shows very strongly that Comey should be indicted himself for Obstruction of Justice- Hobbs Act, Destruction of Government Property, Disclosure of Classified Information T18S798USC, and many more.

 The President can walk into any FISA Court and listen to and read any evidence, the same with any NSA secret monitoring site and listen to ANY wiretap he wants. He can Classify AND Declassify any document he wants, without any explanation to anybody.

 Next, and I have been writing about this forever, Mr. Deutch should start reading my columns…there is no crime in Title 18 called Obstruction of Justice! There must be a substantive criminal investigation of a violation of Federal Law by a duly authorized Federal Agency, like the FBI; that is being “obstructed”. The Director of the FBI himself told the President, before he was fired, that Trump was NOT the subject of an FBI investigation, which is a moot point because he can close a case even if  the President’s name is in the Title! If a person’s name is in an FBI Title, then he is the subject of a criminal investigation…if it is not then he is NOT the subject. That’s the way it works!

He could have told Comey to close the investigation on Flynn because the President believed Flynn was not being afforded  fair treatment and equal rights under the Constitution…or just say,  “Close the case”, with no further explanation!

Why did he ask Comey, because he was Comey’s boss, he could, and it’s his responsibility to know if someone in his campaign “colluded” with a foreign government, duh.  So, Mr. Deutch and anyone else…what’s the Title and Section of USC that the President “obstructed” ? By the way, Mr. Deutch, USC stands for United States Code.

Mr Deutch throws the word “Impeach” around like it is an easy thing to do, just because President Clinton caved when the House threatened subpoena. Had Clinton  known there was really nothing that could have been done to force the  president to testify and had Clinton stood up, he would have set a precedent that would have helped protect the Office of the President.

 A sitting President cannot be charged with a crime, he MUST, be impeached first. He cannot be forced to testify by court order even with the grant of immunity. Contrary to what FOX’s Judge Napolitano has said repeatedly, the President cannot be forced to answer questions  before a Grand Jury by subpoena because there must be a crime associated with the subpoena but if the president cannot be charged with a crime, how can he be held for contempt for refusing to testify about “nothing”?  He can’t be arrested either.

This was all engineered by our forefathers…the authors of our Constitution because they anticipated sore losers like Schumer, Pelosi, Waters, Mr. Deutch and the rest of the losers would try to interfere with the duly elected president, just like that idiot John Kerry just tried to do with our Foreign policy…oh that’s right…we do have the Logan Act for That!  If Kerry isn’t charged with violating the Logan Act we might as well erase it from our laws. Mr Sessions…how about it?


About the author

J. Gary DiLaura

J. Gary DiLaura

J. Gary Dilaura, a 28 year veteran of the FBI, spent his career in Charleston, SC, New York City, and Buffalo, NY. He was active in the FBI’s Violent Crimes Program, finishing his career as Bank Robbery Supervisor. He also worked White Collar Crime and some well known cases including the Oklahoma City Bombing & the Al Pacino, Dog Day Afternoon Bank Robbery. He holds a degree in Engineering, and established and ran the FBI’s Environmental Crimes Program for the Western District of NY. He received numerous Commendations from every FBI Director he worked for. After retiring from the FBI, he became a successful Construction Contractor/Businessman and a Conservative, OpEd Columnist, "The Right Side", for several publications including, the Niagara Falls Reporter and the Ft Myers, Sun bay Paper. Visit his website at therightsidejgarydilaura.com .

Add Comment

Click here to post a comment

Leave a Reply

%d bloggers like this: