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Trump sidesteps impeachment trap in sanctions law and prepares challenge to Supreme Court

President Trump’s Signing Statement makes clear he regards sanctions law as unconstitutional and will challenge it in the Supreme Court rather than have his veto overridden and risk impeachment by trying to veto it.

Alexander Mercouris

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Yesterday I wrote an article for The Duran in which I expressed the view that the Presidential Statement published in connection with US President Trump’s signing of the new sanctions law passed against his wishes by the US Congress clearly pointed to an intention to bring a future challenge against the sanctions law to the US Supreme Court.

The person known as Simon has pointed out on the thread of this article that President Trump’s Signing Statement – the one which is actually attached to the law itself – goes much further, and not only details where the President’s lawyers – which in this case means the White House’s Legal Counsel and the Department of Justice – think the sanctions law falls into outright illegality, but makes the intention to bring a challenge to the US Supreme Court crystal clear.

That is also my view and I enclose the full text of the Signing Statement in order to explain the point

Today, I have signed into law H.R. 3364, the “Countering America’s Adversaries Through Sanctions Act.” While I favor tough measures to punish and deter aggressive and destabilizing behavior by Iran, North Korea, and Russia, this legislation is significantly flawed.

In its haste to pass this legislation, the Congress included a number of clearly unconstitutional provisions. For instance, although I share the policy views of sections 253 and 257, those provisions purport to displace the President’s exclusive constitutional authority to recognize foreign governments, including their territorial bounds, in conflict with the Supreme Court’s recent decision in Zivotofsky v. Kerry.

Additionally, section 216 seeks to grant the Congress the ability to change the law outside the constitutionally required process. The bill prescribes a review period that precludes the President from taking certain actions. Certain provisions in section 216, however, conflict with the Supreme Court’s decision in INS v. Chadha, because they purport to allow the Congress to extend the review period through procedures that do not satisfy the requirements for changing the law under Article I, section 7 of the Constitution. I nevertheless expect to honor the bill’s extended waiting periods to ensure that the Congress will have a full opportunity to avail itself of the bill’s review procedures.

Further, certain provisions, such as sections 254 and 257, purport to direct my subordinates in the executive branch to undertake certain diplomatic initiatives, in contravention of the President’s exclusive constitutional authority to determine the time, scope, and objectives of international negotiations. And other provisions, such as sections 104, 107, 222, 224, 227, 228, and 234, would require me to deny certain individuals entry into the United States, without an exception for the President’s responsibility to receive ambassadors under Article II, section 3 of the Constitution. My Administration will give careful and respectful consideration to the preferences expressed by the Congress in these various provisions and will implement them in a manner consistent with the President’s constitutional authority to conduct foreign relations.

Finally, my Administration particularly expects the Congress to refrain from using this flawed bill to hinder our important work with European allies to resolve the conflict in Ukraine, and from using it to hinder our efforts to address any unintended consequences it may have for American businesses, our friends, or our allies

(bold italics added)

That this document is drafted by lawyers is obvious from the careful use of legal citations.   The key words are the ones I have highlighted and they make the President’s legal strategy – or rather the strategy of his lawyers – completely clear.

Briefly, the President says that the review periods set out in the law relating to the lifting of sanctions are unconstitutional.  However the President says he “nevertheless expects to honour” this unconstitutional procedure set out in the law out of respect for Congress.

However if the Congress uses this unconstitutional procedure to block actions by the President which have the support of the US business community and of the US’s European allies – such as the lifting of sanctions against Russia – or attempts to meddle in the President’s administration of the law, then the President is clearly reserving his right to challenge these unconstitutional provisions in the US Supreme Court on the grounds that they are preventing him from exercising his constitutional duty to manage the nation’s foreign policy.

No one should be in any doubt that in such a situation the President will exercise his right to make his challenge to the US Supreme Court, and on the strength of the legal citations that are carefully set out in the Signing Statement he appears to have an overwhelmingly strong case and can be confident that the US Supreme Court will set the offending provisions aside.

This is a legally and politically astute strategy.

The alternative – vetoing the bill, either by positively vetoing it or by refusing to sign it (a pocket veto) – would have set the President up for a direct clash with Congress on an issue where he has no support in Congress.

Not only would his veto have been overridden but there is a strongly likelihood in that case that articles of impeachment would have been brought forward.

Whilst the President would have been doing nothing more than exercise his constitutional right if he had sought to veto the law, impeachment is decided purely by Congress and it is Congress alone which decides whether the grounds for impeachment have been made out.  The courts have no say in the matter.

With the President totally isolated in Congress his opponents would be in a position to say that by vetoing the law the President was obstructing action by Congress to protect the integrity of the US electoral process from interference by Russia, and that he was therefore guilty of committing a “high crime or misdemeanour” by preventing action against Russia, the US’s main international adversary, on an issue of fundamental importance to the US.  On those grounds they would say that he should be impeached and removed from office.

Since the Constitution does not say what a “high crime or misdemeanour” is and leaves the definition entirely to Congress, it is not impossible that in the present hysterical atmosphere the President’s constitutional use of his veto to block an unconstitutional sanctions law could be successfully misdefined in that way, and that Congress would accept this mis-definition and would vote for impeachment on that basis.

Perhaps enough Republicans in Congress would rally to the President to prevent impeachment taking place, but with Congress practically unanimous in supporting the sanctions law it would be foolish to count on it.

As to those who say that it is inconceivable that a Republican dominated Congress would impeach a Republican President, to my mind that overlooks the fact that if Trump ever were impeached the person who would replace him as President is Vice-President Pence, who is not only a Republican but who is clearly much closer to the Congressional leadership of the Republican Party than Donald Trump is.

Indeed the more I think about this bizarre sanctions law the more I wonder whether the impeachment scenario I have just outlined may have been the very scenario that it was intended to engineer.

In other words the sanctions law may have been put together by the President’s opponents in Congress – who include Republicans as well as Democrats – with the actual intention of provoking him into vetoing it so as to set up the conditions for his impeachment by Congress on an issue where Congress is united against him.

If so then the President – heeding the advice of his lawyers – has sidestepped the trap whilst putting himself in a strong position to challenge the law in the US Supreme Court when the right moment comes.

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Why did Trump recognize the Golan Heights as Israeli territory?

The Duran Quick Take: Episode 116.

Alex Christoforou

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The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris examine the reasons behind US President Trump’s sudden recognition of the Golan Heights as Israeli territory.

Following Trump’s statements as US President, acting Israeli Foreign Minister is saying that Trump will make it official and sign an executive order to recognize Israel’s sovereignty over the Syrian border territory on Monday.

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Via DW

Israel says White House officials are preparing an official document to codify support for Israel’s sovereignty of the Golan Heights, which will be signed by US President Donald Trump on Monday.

The signing of the decree will be witnessed by Israeli Prime Minister Benjamin Netanyahu during talks with Trump at the White House, Israel’s acting foreign minister, Israel Katz (pictured), said in a Tweet.

“Tomorrow, President Trump, in the presence of PM Netanyahu, will sign a decree recognizing Israel’s sovereignty on the Golan. Israel-US ties are closer than ever,” Katz said.

Israel seized the strategic plateau from Syria in the 1967 Middle East war, subsequently annexing it in 1981 in a move never recognized by the international community.

Trump’s tweet annoys allies

Trump broke with decades of US Middle East policy when he posted a Tweet on Thursday that said it was time to accept Israel’s widely-contested claim to the border territory.

The decision has been criticized by many US allies — Germany, Britain, France and the EU have all said they still consider the Golan Heights to be “occupied” by Israel.

Syria and other states in the region said the recognition, if confirmed, would violate international law.

Netanyahu has long pushed for Washington’s endorsement, and many analysts see Trump’s comments as a campaign gift ahead of Israel’s April 9 election.

In 2017, Trump drew condemnation throughout the Middle East when he recognized the disputed city of Jerusalem as Israel’s capital.

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Russia Gives US Red Line On Venezuela

Political force is out. Military force is out. Respect international law and Venezuela’s sovereignty. That’s Russia’s eminently reasonable ultimatum to Washington.

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Authored by Finian Cunningham via The Strategic Culture Foundation:


At a high-level meeting in Rome this week, it seems that Russia reiterated a grave warning to the US – Moscow will not tolerate American military intervention to topple the Venezuelan government with whom it is allied.

Meanwhile, back in Washington DC, President Donald Trump was again bragging that the military option was still on the table, in his press conference with Brazilian counterpart Jair Bolsonaro. Trump is bluffing or not yet up to speed with being apprised of Russia’s red line.

The meeting in the Italian capital between US “special envoy” on Venezuelan affairs Elliot Abrams and Russia’s deputy foreign minister Sergei Ryabkov had an air of urgency in its arrangement. The US State Department announced the tête-à-tête only three days beforehand. The two officials also reportedly held their two-hour discussions in a Rome hotel, a venue indicating ad hoc arrangement.

Abrams is no ordinary diplomat. He is a regime-change specialist with a criminal record for sponsoring terrorist operations, specifically the infamous Iran-Contra affair to destabilize Nicaragua during the 1980s. His appointment by President Trump to the “Venezuela file” only underscores the serious intent in Washington for regime change in Caracas. Whether it gets away with that intent is another matter.

Moscow’s interlocutor, Sergei Ryabkov, is known to not mince his words, having earlier castigated Washington for seeking global military domination. He calls a spade a spade, and presumably a criminal a criminal.

The encounter in Rome this week was described as “frank” and “serious” – which is diplomatic code for a blazing exchange. The timing comes at a high-stakes moment, after Venezuela having been thrown into chaos last week from civilian power blackouts that many observers, including the Kremlin, blame on American cyber sabotage. The power grid outage followed a failed attempt by Washington to stage a provocation with the Venezuelan military over humanitarian aid deliveries last month from neighboring Colombia.

The fact that Washington’s efforts to overthrow the elected President Nicolas Maduro have so far floundered, might suggest that the Americans are intensifying their campaign to destabilize the country, with the objective of installing US-backed opposition figure Juan Guaido. He declared himself “acting president” in January with Washington’s imprimatur.

Given that the nationwide power blackouts seem to have failed in fomenting a revolt by the civilian population or the military against Maduro, the next option tempting Washington could be the military one.

It seems significant that Washington has recently evacuated its last remaining diplomats from the South American country. US Secretary of State Mike Pompeo commented on the evacuation by saying that having US personnel on the ground “was limiting” Washington’s scope for action. Also, American Airlines reportedly cancelled all its services to Venezuela in the past week. Again, suggesting that the US was considering a military intervention, either directly with its troops or covertly by weaponizing local proxies. The latter certainly falls under Abrams’ purview.

After the Rome meeting, Ryabkov said bluntly: “We assume that Washington treats our priorities seriously, our approach and warnings.”

One of those warnings delivered by Ryabkov is understood to have been that no American military intervention in Venezuela will be tolerated by Moscow.

For his part, Abrams sounded as if he had emerged from the meeting after having been given a severe reprimand. “No, we did not come to a meeting of minds, but I think the talks were positive in the sense that both sides emerged with a better understanding of the other’s views,” he told reporters.

“A better understanding of the other’s views,” means that the American side was given a red line to back off.

The arrogance of the Americans is staggering. Abrams seems, according to US reporting, to have flown to Rome with the expectation of working out with Ryabkov a “transition” or “compromise” on who gets the “title of president” of Venezuela.

That’s what he no doubt meant when he said after the meeting “there was not a meeting of minds”, but rather he got “a better understanding” of Russia’s position.

Washington’s gambit is a replay of Syria. During the eight-year war in that country, the US continually proffered the demand of a “political transition” which at the end would see President Bashar al Assad standing down. By contrast, Russia’s unflinching position on Syria has always been that it’s not up to any external power to decide Syria’s politics. It is a sovereign matter for the Syrian people to determine independently.

Nearly three years after Russia intervened militarily in Syria to salvage the Arab country from a US-backed covert war for regime change, the American side has manifestly given up on its erstwhile imperious demands for “political transition”. The principle of Syrian sovereignty has prevailed, in large part because of Russia’s trenchant defense of its Arab ally.

Likewise, Washington, in its incorrigible arrogance, is getting another lesson from Russia – this time in its own presumed “back yard” of Latin America.

It’s not a question of Russia being inveigled by Washington’s regime-change schemers about who should be president of Venezuela and “how we can manage a transition”. Moscow has reiterated countless times that the legitimate president of Venezuela is Nicolas Maduro whom the people voted for last year by an overwhelming majority in a free and fair election – albeit boycotted by the US-orchestrated opposition.

The framework Washington is attempting to set up of choosing between their desired “interim president” and incumbent Maduro is an entirely spurious one. It is not even worthy to be discussed because it is a gross violation of Venezuela’s sovereignty. Who is Washington to even dare try to impose its false choice?

On Venezuela, Russia is having to remind the criminal American rulers – again – about international law and respect for national sovereignty, as Moscow earlier did with regard to Syria.

And in case Washington gets into a huff and tries the military option, Moscow this week told regime-change henchman Abrams that that’s a red line. If Washington has any sense of rationale left, it will know from its Syria fiasco that Russia has Venezuela’s back covered.

Political force is out. Military force is out. Respect international law and Venezuela’s sovereignty. That’s Russia’s eminently reasonable ultimatum to Washington.

Now, the desperate Americans could still try more sabotage, cyber or financial. But their options are limited, contrary to what Trump thinks.

How the days of American imperialist swagger are numbered. There was a time when it could rampage all over Latin America. Not any more, evidently. Thanks in part to Russia’s global standing and military power.

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With RussiaGate Over Where’s Hillary?

Hillary is the epitome of envy. Envy is the destructive sin of coveting someone else’s life so much they are obsessed with destroying it. It’s the sin of Cain. She envies what Trump has, the Presidency.

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Authored by Tom Luongo:


During most of the RussiaGate investigation against Donald Trump I kept saying that all roads lead to Hillary Clinton.

Anyone with three working brain cells knew this, including ‘Miss’ Maddow, whose tears of disappointment are particularly delicious.

Robert Mueller’s investigation was designed from the beginning to create something out of nothing. It did this admirably.

It was so effective it paralyzed the country for more than two years, just like Europe has been held hostage by Brexit. And all of this because, in the end, the elites I call The Davos Crowd refused to accept that the people no longer believed their lies about the benefits of their neoliberal, globalist agenda.

Hillary Clinton’s ascension to the Presidency was to be their apotheosis along with the Brexit vote. These were meant to lay to rest, once and for all time, the vaguely libertarian notion that people should rule themselves and not be ruled by philosopher kings in some distant land.

Hillary’s failure was enormous. And the RussiaGate gambit to destroy Trump served a laundry list of purposes to cover it:

  1. Undermine his legitimacy before he even takes office.
  2. Accuse him of what Hillary actually did: collude with Russians and Ukrainians to effect the outcome of the election
  3. Paralyze Trump on his foreign policy desires to scale back the Empire
  4. Give aid and comfort to hurting progressives and radicalize them further undermining our political system
  5. Polarize the electorate over the false choice of Trump’s guilt.
  6. Paralyze the Dept. of Justice and Congress so that they would not uncover the massive corruption in the intelligence agencies in the U.S. and the U.K.
  7. Isolate Trump and take away every ally or potential ally he could have by turning them against him through prosecutor overreach.

Hillary should have been thrown to the wolves after she failed. When you fail the people she failed and cost them the money she cost them, you lose more than just your funding. What this tells you is that she has so much dirt on everyone involved, once this thing started everyone went along with it lest she burn them down as well.

Burnin’ Down da House

Hillary is the epitome of envy. Envy is the destructive sin of coveting someone else’s life so much they are obsessed with destroying it. It’s the sin of Cain

She envies what Trump has, the Presidency.

And she was willing to tear it down to keep him from having it no matter how much damage it would do. She’s worse than the Joker from The Dark Knight.

Because while the Joker is unfathomable to someone with a conscience there’s little stopping us from excising him from the community completely., even though Batman refuses.

Hillary hates us for who we are and what we won’t give her. And that animus drove her to blackmail the world while putting on the face of its savior.

And that’s what makes what comes next so obvious to me. RussiaGate was never a sustainable narrative. It was ludicrous from the beginning. And now that it has ended with a whimper there are a lot of angry, confused and scared people out there.

Mueller thought all he had to do was lean on corrupt people and threaten them with everything. They would turn on Trump. He would resign in disgrace from the public outcry.

It didn’t work. In the end Paul Manafort, Michael Cohen and Roger Stone all held their ground or perjured themselves into the whole thing falling apart.

Andrew Weissman’s resignation last month was your tell there was nothing. Mueller would pursue this to the limit of his personal reputation and no further.

Just like so many other politicians.

Vote Your Pocketbook

With respect to Brexit I’ve been convinced that it would come down to reputations.

Would the British MP’s vote against their own personal best interests to do the bidding of the EU?

Would Theresa May eventually realize her historical reputation would be destroyed if she caves to Brussels and betrays Brexit in the end?

Always bet on the fecklessness of politicians. They will always act selfishly when put to the test. While leading RussiaGate, Mueller was always headed here if he couldn’t get someone to betray Trump.

And now his report is in. There are no new indictments. And by doing so he is saving his reputation for the future. And that is your biggest tell that HIllary’s blackmail is now worthless.

They don’t fear her anymore because RussiaGate outed her as the architect. Anything else she has is irrelevant in the face of trying to oust a sitting president from power.

The progressives that were convinced of Trump’s treason are bereft; their false hope stripped away like standing in front of a sandblaster. They will be raw, angry and looking for blood after they get over their denial.

Everyone else who was blackmailed into going along with this lunacy will begin cutting deals to save their skins. The outrage over this will not end. Trump will be President when he stands for re-election.

The Wolves Beckon

The Democrats do not have a chance against him as of right now. When he was caving on everything back in December it looked like he was done. That there was enough meat on the RussiaGate bones to make Nancy Pelosi brave.

Then she backed off on impeachment talk. Oops.

But the Democrats have a sincere problem. Their candidates have no solutions other than to embrace the crazy and go full Bolshevik. That is not a winning position.

Trump will kill them on ‘socialism.’

The Deep State and The Davos Crowd stand revealed and reviled.

If they don’t do something dramatic then the anger from the rest of the country will also be palpable come election time. Justice is not done simply by saying, “No evidence of collusion.”

It’s clear that RussiaGate is a failure of monumental proportions. Heads will have to roll. But who will be willing to fall on their sword at this point?

Comey? No. McCabe? No.

There is only one answer. And Obama’s people are still in place to protect him. I said last fall that “Hillary would indict herself.” And I meant it. Eventually her blackmail and drive to burn it all down led to this moment.

The circumstances are different than I expected back then, Trump didn’t win the mid-terms. But the end result was always the same. If there is no collusion, if RussiaGate is a scam, then all roads lead back to Hillary as the sacrificial lamb.

Because the bigger project, the erection of a transnational superstate, is bigger than any one person. Hillary is expendable.

Lies are expensive to maintain. The truth is cheap to defend. Think of the billions in opportunity costs associated with this. Once the costs rise above the benefits, change happens fast.

If there is any hope of salvaging the center of this country for the Democrats, the ones that voted against Hillary in 2016, then there is no reason anymore not to indict Hillary as the architect of RussiaGate.

We all know it’s the truth. So, the cheapest way out of this mess for them is to give the MAGApedes what they want, Hillary.

And hope that is enough bread and circuses to distract from the real storm ahead of us.

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