Sunday, December 11, 2016

Congress alert. Malfeasance in the aggregate may ground impeachment. Do not condone suspect acts or omissions now.


Official misconduct, malfeasance, nonfeasance, grounds for what sanctions?
Is a president-elect an "official" -- what preserves actions until he is?
What ethical obligations constrain him?


Q. Are we reaching a point where a collection of acts (you pick) constitute an actionable pivot point as to not only elected officials observing, but also officials-elect, awaiting oaths of office.

Officials (including the president-elect) even before the oath of office is taken, appear to be engaging in patterns of acts and omissions that, if accepted by Congress or voters or electors, could conceivably be used as a defense to impeachment if raised after the oath of office. After all, the behavior was known. What are the ethical obligations applicable to the president-elect, president. See Ethical obligations of officials in delegating authority, see http://sassafrastree.blogspot.com/2016/12/how-to-bell-the-trump-cat-if-in-office-contain-if-not-yet-there-are-procedures.html

The alternative of recall does not appear to be a feasible option at the Federal level, given majority-minority lineups, and premature as to a new official who can argue that everyone should wait and see.  See http://www.senate.gov/CRSpubs/ee067ba0-db71-4394-9a37-453316aeb453.pdf.  At the State level, there are more choices, see https://ballotpedia.org/Laws_governing_recall, but those of course take time and coordination.

Journalism and morning talk shows will not help.  They could have, and did not help with assessing facts in the past election. They set a pattern (ongoing) of responding to ratings and ad income, reporting mostly a silly menu, a panoply of free-floating opinions. Take away the microphones. Who cares. Get out the facts first, then ask those people about the facts, add to understanding of facts. Instead, reporting stops with what the gurus simply think about the price of eggs in China.

A.  Yes. Plan now.

Malfeasance.  See https://www.law.cornell.edu/wex/malfeasance.  At a lesser level, nonfeasance or misfeasance, same site.  Intentional conduct wrongful or unlawful -- can be one or the other.  Inappropriate.   Broader than crime.  Crime or misconduct will suffice -- see https://www.law.cornell.edu/wex/impeach

Start thinking.  Malfeasance in the aggregate can surely suffice for the otherwise unexplained "misdemeanor". Cite common sense.
1,  Muster evidence as it accrues
2.  Record and notify the actor of the problem with the behavior that you see.

And here,
3.  Prepare pleadings and disseminate drafts now to voters and anyone, to show what pleadings are like.  Draft this or that. Tweet it. Address the possibility of a lesser-than-criminal ground for impeachment; the mis-demeanor, that in the aggregate create a pattern that calls for impeachment.  Identify the standard. See Congressional Record by Congress USA 2/12/1999 at S1484.

The country we lose, etc.

What outside help is there? Expect from journalism and schills only the ad nauseum reporting of what selected moguls and mainstreeters think about it to make your story, apart from the standards applicable and whose opinions may be worth something, and whose worth naught a shilling.  Gee, I like it.  Wow. I don't like it. Now you've heard the evening news, seen the feeds, talking heads, talking heads, dupe in the street. See standards of ethics, at least, at Ethical obligations of officials in delegating authority, see How to bell the Trump Cat.