ARLINGTON, Va., Dec. 18, 2019 /PRNewswire/ — US Senate Candidate Victor Williams today praised Donald Trump’s six-page letter to House Speaker Nancy Pelosi which condemned the House’s impeachment vote as an “unprecedented and unconstitutional abuse of power.”
Williams, running to defeat Virginia’s Mark Warner, stated:
“Speaker Pelosi and the House Democrats are not above the law.
Even holding her so-called impeachment inquiry umbrella, Nancy Pelosi may not float above the US Constitution like some desiccated Mary Poppins.”
Williams, who is a Washington, DC law professor, stated:
“President Trump is absolutely right. He has done nothing wrong. The 116th House of Representatives’ harassments against Donald Trump – done in concert with swamp perfidy and deep state treachery – now metastasize into fraudulent, illegal impeachment.
The legal definition of fraud is ‘an intentional perversion of truth in order to induce another to surrender a legal right.’ A determination of fraud has constitutional consequences.”
Worse than being a fraud against Trump, however, Professor Williams explains why the partisan vote is a travesty against our Republic’s constitutional history:
“Under English law, officials could be removed from office by either of two ways. The first was by a formal parliamentary impeachment removal process that required proof that the official had committed a high crime.
The second was by a simple majority vote of ‘attainder’ – a direct legislative punishment that included removing the targeted individual from and forever blackening his reputation.
English jurist William Blackstone described how a legislature’s attainder is fundamentally intended to effect an ‘attintus’ to taint and blacken the targeted individual’s reputation.
Such an attainder punishment was accomplished through a simple majority vote.
Removing an ideological or personal opponent from his political office while also permanently damaging his reputation was an effective but reprehensible legislative practice.”
“Our Constitution’s Framers were intent on eliminating the abusive legislative process of attainder in America.
So they explicitly banned such legislative punishment and defamation. Article I’s Sections 9 and 10 forbids all legislative harassment, defamation, and punishment: ‘No ex post facto law or bill of attainder shall be passed.’
The House vote comes with remote prospect of Senate conviction. It is purposed only to punish and damage Donald Trump’s reputation and harm Senate confirmation prospects for his future executive and judicial nominations.”
Williams states: “It is not an impeachment vote – it is a vote of attainder.”
Professor Williams further explained:
“In 1891, Justice Joseph Story damned a legislature’s attainder process as ‘governed solely by what is deems political necessity or expedience, and too often under the influence of unreasonable fears or unfounded suspicions.’
According to Justice Story, legislative attainder is done without “‘proofs conformable to the rules of evidence.’
DC swamp greybeards are wrong. The House impeachment is not immune from constitutional inspection. The defamatory ordeal suffered by Trump begs for a de facto (‘by practice’) attainder analysis.
In 1993, I first described the wide dimension of the attainder ban in context of the impeachment removal process challenged in the Walter Nixon v. United States adjudication.
The US Supreme Court just last week agreed to review the D.C. Circuit’s wrongheaded ruling in Trump v. Mazars in which dissenting Judge Naomi Roa details how the attainder ban protects civil rights and the separation of powers.
Shamefully, a partisan House today votes attainder.”
EDITORS NOTE: Victor Williams is the 2016 founder and present chair of “Law Professors for Trump.” Just as he predicted he would be in 2016, Williams predicts that Donald John Trump will be elected President in 2020. And working to help Trump, Williams is an insurgent candidate for the U.S. Senate in Virginia. www.vw4v.com. 571-309-8249.