This week a MoveOn.org petition began circulating for the
purpose of prosecuting John A. Boehner for
willfully breaking a federal law …
Over the course of the past six years many Americans
have felt frustrated that Republicans have deliberately worked against
the best interests of the American people with impunity. What makes the
frustration all the more unbearable is that most people feel there is
nothing they can possibly do for redress to hold Republicans accountable
for what, in many cases, are blatant violations of federal laws. In a
great deal of the cases, a major share of the blame falls on the
impotent Department of Justice that is either terrified of investigating
what is often seditious and blatant Republican malfeasance, or looks
the other way to avoid the appearance of partisan political retribution.
Whatever the reason for failing to do its due diligence, it often falls
on the people to take matters into their own hands and start a
petition.
This week, a MoveOn.org petition
began circulating for the purpose of prosecuting Speaker of the House
John A. Boehner for willfully breaking a federal law when he knowingly
violated the 216 year-old Logan Act. The petition demands that Boehner,
“by law must now be tried by Congress, and forced to resign.” However,
according to 18 U.S.C. § 953 (Logan Act), by violating the “Logan Act”
(Private correspondence with foreign governments) Boehner can be
punished “under federal law with imprisonment of up to three years. Any
act of prosecuting and convicting the Speaker must be initiated by a
Justice Department United States Attorney; at best Congress can conduct
its own investigation for ethics violations and expel Boehner, or he can
resign. The Koch brothers or Benjamin Netanyahu will never allow that
to happen, but by all means please sign the petition and relieve that
crushing feeling of frustration.
The petition accurately claims that by “directly
commencing and carrying on correspondence with an officer of a foreign
government (Netanyahu) with intent to influence or defeat the measures
of the United States,” Boehner broke a federal law. It also is
correct that Boehner attempted to deal in foreign policy to usurp the
powers of the presidency of the United States thus violating the
“separation of powers” in the U.S. Constitution. But the only
prosecutable crime is “corresponding with an agent of a foreign government with the intent to influence or defeat the measures of the United States” according to the Logan Act. The petition is to be “to be delivered to The United States House of Representatives, The United States Senate, and President Barack Obama.”
Now, one certainly understands why the petition is not “to be delivered”
to the Department of Justice or a United States Attorney; it would be
tantamount to flushing it away in a toilet. The Department of Justice
just does not investigate or prosecute willful violations of federal
laws when Republicans or any of their variant malcontents are involved.
As the President has already stated, his administration would rather
focus on looking ahead to a hopeful future than backwards; or war
criminals George W. Bush and Dick Cheney et al and admitted torturers
would already be in federal prisons.
The Congress, Securities and Exchange Commission,
Federal Elections Commission, and Department of Justice have had several
opportunities to prosecute John Boehner, but he is above the law. He
was viewed, and admitted to, handing out tobacco industry bribes on the floor of the House for favorable votes in 1996, and was given a pass because he claimed he was just complying
with a tobacco corporation’s orders. Apparently, as long as Boehner was
just following a tobacco corporation’s orders to hand out bribes,
Congress or the Justice Department took a ‘hands off’ approach to
clearly unethical conduct.
In 2010 according to his financial disclosure, Boehner purchased stock in seven
Canadian tar sand companies prior to becoming Speaker of the House, and
promptly began lying about the ‘hundreds-of-thousands” of American jobs
with the KeystoneXL pipeline construction. His lies were in spite of
TransCanada’s own prospectus touting no more than 2,400 temporary jobs
and 35 permanent positions before he began his push to increase his
portfolio worth by inflating share prices. A petition
was started, and two outside environmental groups sent damning
documents to the Security Exchange Commission that began mulling an investigation
into Boehner’s apparent share price manipulation. However, because a
foreign corporation (TransCanada), the Koch brothers, and a foreign
nation’s leader (Canadian Prime Minister Harper) wanted the pipeline
pushed, Boehner complied and was given another pass.
Now, Boehner committed another clear violation; this
time of a federal law, and another petition is making the rounds in
hopes that the Koch Congress will take action? They have no authority in
matters of prosecuting federal laws and if any American thinks for a
second that the Department of Justice will take action they are just
glaringly ignorant; hopeful, but ignorant. Republicans will not allow it
and dog-only-knows Netanyahu will bring his considerable clout to bear
on the Justice Department. A Justice Department, by the way, that cannot
even prosecute a white racist cop for gunning down an unarmed African
American teen because apparently murder is not a prosecutable civil
rights violation.
In fact, this particular Department of Justice
cannot prosecute any white conservatives regardless of the seditious
intent or stated attempt to start a “second revolution” against the
United States government. It is coming up on a year since a white racist
rancher summoned equally white racist and heavily armed militias to aim
loaded firearms at agents of the federal government executing two
federal court orders with impunity and immunity from prosecution. Likely
because conservative media and several high-ranking Republican
politicians proclaimed the sedition was patriotic; like a sitting
president’s administration authorizing the torture of captive prisoners.
In another case of injustice, in a federal court agreement last year, the Internal Revenue Service was ordered to begin investigating
and prosecuting evangelical churches for violating their 501(c) tax
exempt status. Nothing has happened in spite of over 5,000 evangelical
preachers sending videotaped evidence of their illegal campaigning for
Republicans from the pulpit daring the IRS to enforce the law. Being a
religious right lawbreaker is just as profitable as being a seditious
rancher or Republican Speaker of the House of Representatives.
By all means; sign the MoveOn.org petition demanding
that Speaker of the House John A. Boehner face prosecution in federal
court and expulsion from Congress. Like his other unethical
congressional acts and corrupt violations of federal laws, there is no
doubt he violated the 216 year-old Logan Act by inviting a foreigner to
“influence and defeat a measure of the United States.”
However,
know first that the only satisfaction any signer will ever get is while
they are filling in those little boxes typical of any online petition.
Because no matter how many signatures the petition garners, Speaker of
the House John A Boehner is going to face the same justice and
consequences as the racist white cop who gunned down an unarmed African
American teen; none whatsoever. After all, this is America and there is
no equity in the justice system; particularly for a criminal who is a
repeat offender named is John Boehner.
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