Can we arrest politicians who violate the U.S. Constitution?

The U.S. House of Representatives Permanent Select Committee on Intelligence voted along party lines to release a classified memo alleging FBI abuses in the agency’s surveillance of American citizens.

The memo was sent to the White House to have President Trump, who has five days to review it, release it to the public.

After release of the memo will those named in it, especially politicians or political appointees, be arrested for violating the U.S. Constitution?

In 2013 The Next News Network interviewed Constitutional scholar Dr. Edwin Vieira who sat down with Gary Franchi and answered the question: Can we arrest politicians who violate the U.S. Constitution?

 Dr. Vieira references 18 U.S. Code § 241 – Conspiracy against rights and 18 U.S. Code § 242 – Deprivation of rights under color of law. 18 U.S. Code § 241 reads:

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

18 U.S. Code § 242 reads:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

There are indications that the memo reveals how the Department of Justice and the Federal Bureau of Investigation misused the FISA courts to spy on American citizens, including a candidate for President of the United States of America and his campaign staff, in violation of the 5th and 14th Amendments to the U.S. Constitution. The Heritage Foundation Guide to the Constitution, Due Process, notes:

Both the Fifth Amendment and the Fourteenth Amendment to the United States Constitution prohibit governmental deprivations of “life, liberty, or property, without due process of law.” The Due Process Clause of the Fourteenth Amendment serves three distinct functions in modern constitutional doctrine: “First, it incorporates [against the States] specific protections defined in the Bill of Rights….Second, it contains a substantive component, sometimes referred to as ‘substantive due process.’…Third, it is a guarantee of fair procedure, sometimes referred to as ‘procedural due process.’…” Daniels v. Williams (1986) (Stevens, J., concurring).

If the memo shows that any politician deliberately and falsely denied an American citizen their due process rights under the U.S. Constitution then the answer is: Yes!

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