Of High Crimes and Misdemeanors: An Act of Treason?

There’s nothing like a slight treasonous scandal to pull a political writer out of a little sabbatical. When hearing of this, I didn’t think it was something that I could sit on the sidelines for. So here I am immersing myself in a political debate that should have bigger ramifications than it probably will.

Treason is defined in the dictionary as:

1. the offense of acting to overthrow one’s government or to harm or kill its sovereign.
2. a violation of allegiance to one’s sovereign or to one’s state.
3. the betrayal of a trust or confidence; breach of faith; treachery.

It is the only crime that is specifically mentioned in the US Constitution. (Article 3, Section 3)

“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

Keep your mind on what you just read as there is a possibility that you will be contemplating them as we go through this whole ordeal.

The United States has been negotiating for a nuclear agreement with Iran since 2006 along with 5 other countries which is known as the P5+1 group. The five countries are the US, Great Britain, France, Russia, and China, and the +1 being Germany. The goal is to keep Iran from having nuclear missiles. In 2013, and interim agreement was reached with a comprehensive agreement due later this month.

With the deadline approaching some Senators have expressed concern over what a final comprehensive deal might look like and have a desire for the final deal to be debated on voted on in the Senate as a treaty would be under Article 2, Section 2, Clause 2 of the US Constitution. However, freshman Senator Tom Cotton (R-Ark) has gone even a step further by submitting a letter with 46 other signatures of Republican Senators to the leader of Iran expressing that any nuclear treaty with the country would not be upheld once President Obama leaves office.

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Now let me bring in the Logan Act which was passed by Congress in 1799. It prohibits unauthorized citizens from negotiating with foreign governments. Violation of this act is a felony.

“Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.”

Under Article 2, Section 2, Clause 2 of the US Constitution, “[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…” The President has the power to appoint ambassadors and to conduct negotiations with foreign governments. The Senate does not come in to the equation until the vote for approval is needed. By this, Senator Cotton does not have the authority to approach Iran on any subject that is concurrent with the ongoing negotiations. To have done so is a violation of the Logan Act.

According to a recent article on Politico, this is not the first time that one party has accused the other of violating the Logan Act. Republicans screamed it in 1987 after Congress cut off aid to Nicaragua’s Contra rebels. Democrats ran (and ultimately won both chambers of Congress) in 2006 on forcing then-President George W. Bush to come up with a timetable for the wars in Iraq and Afghanistan.  Speaker Pelosi would also go against the wishes of the White House in 2007 and travel to Damascus to meet with Syrian leader Bashar al-Assad.

So where does all of this then fall in? If it has been done before then should we just brush it aside again? In this case, I would suggest no. It does violate international law. It does undermine the full faith and credit of the US, which is already shaky in the world as it is especially in regards to Iran where neither side completely trusts the other. Senator Cotton had no authority to write and send that letter which was in an effort to derail negotiations with a foreign government before a final deal is reached. It was out of his jurisdiction as a US Senator.

Remember those definitions of treason at the beginning? If this isn’t it then it comes dangerously close to that line. The overall goal of the letter was to do harm and to instill a sense of a betrayal of trust and confidence against our country.

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Analysis of Immigration Executive Order

Illegal immigration has once again been thrust into the spotlight by President Obama’s speech to the nation about his Executive Order on the subject. It had mostly taken a backseat during the election as neither side really wanted to talk about any issue facing the nation.

This post is not to say whether the Executive Order is good or bad… or even legal.  The pundits are already out spinning the story as are Republican lawmakers in Congress. So let’s look at what is being done by this executive order.

  • Increased border security which has been increased throughout the Obama presidency
  • Increases the number of work visas for skilled workers so that more may apply and come to work here
  • It allows certain illegal immigrants a temporary reprieve from being deported but only specific categories

 

Temporary Reprieve, Not Amnesty

I will start with the last point since it will be the one with the most criticism.  The Executive Order is not amnesty. It does not grant citizenship or even permanent residency.  It is a temporary reprieve from being deported and gives the people an attempt to get their immigration status corrected.  It only applies to a specific group of people.

  • A child born in the US to an illegal immigrant
  • The illegal mother and/or father of that child that is born in the US
  • DREAMers — children born outside the US but brought to the country illegally by their parents

All of them must be in good standing with the law.  No criminal records or ties to terrorism.  None will have access to social welfare or any other form of government assistance.

 

Border Security

And speaking of links to terrorism, let’s dispel another Republican talking point.  According to the Department of Homeland Security, in an article for POLITICO, there have been no terrorists captured coming across the Mexican border.  However, two were captured trying to cross the Canadian border into the US.

Our focus tends to always be the Mexican border when this issue also applies to the country that we share the largest border with… Canada.  This also concerns with people from Asia that stowaway on cargo ships, and even those that come up from Caribbean islands though Cubans have a special category all their own. (Wet-Foot, Dry-Foot)

But what about overall border security along the border?  President Obama claims that he has more border patrol agents on the ground than any previous administration. (Politifact)  There has been an increase in border patrol agents throughout his administration, but it’s a result of a 2007 bill passed by a Democratic-controlled Congress during the Bush administration.  (Washington Post)  The President can take full credit though for having deported more illegal immigrants than any previous administration. (Pew Research)

 

Skilled Workers

According to the State Department, every fiscal year the US government issues a total of 140,000 work visas (before Obama’s executive order).  This number is usually maxed out fairly quickly each year.  Companies like Microsoft, Google, Apple, etc. have been trying to get the number raised for years as they have job openings here in the US that cannot be filled by enough American workers as there are just not enough in the computer sciences.  These companies have also threatened to take the jobs elsewhere if they cannot be filled here thus further depleting a tax base.  These are people wanting to come to the US legally to work and pay taxes.

 

Senate Democrats passed a comprehensive immigration bill during the last session.  House Republicans passed their own version of immigration reform bills.  Neither chamber took up the legislation of the other and there was no conference committee to resolve the differences.  The issue is now in play.  Maybe the new Congress can actually pass immigration reform and send it to the President.  Any new legislation would override the Executive Order.

Executive Orders aren’t defined in the Constitution though the Supreme Court has ruled that they are legal so long as they are used to enforce the laws passed by Congress.  I would encourage the administration to inform us which laws they are enforcing with this Executive Order on immigration.  As for the rest of the partisan rhetoric, I think we’ve dealt with it.

The Fight for the Senate: Who Will Win Control?

The main talk of the 2014 election has been which political party will control the Senate after the votes have been counted.  Democrats have been on defense throughout most of the country as President Obama’s approval rating has been low. So with just a little more than a week to go, where do I think the numbers will fall?

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Colored: Safe Seats; Gray: Toss-Ups

In this election cycle, Democrats have 38 seats that are safe or not up for reelection while Republicans have 42. So that is where my numbers start.

Democrats are projected to win the elections in Illinois (Durbin), Michigan, Minnesota (Franken), New Jersey (Booker), New Mexico (Udall), Oregon (Merkley), and Virginia (Warner).  Republicans are safe in the elections in Mississippi (Cochrane), South Dakota, and West Virginia.  This brings the total to 45-45 with 10 states that will determine the balance of the Senate.

In their latest forecast as of the time of writing this column, Nate Silver and those at fivethirtyeight.com give the Republicans a 62.1% chance of retaking the Senate.  The race is on for either side to grab 6 of the 10 toss-up seats.  It is going to be close, and it might just hinge on one thing we would not have predicted even 6-months ago.

It seems likely that Republicans will win seats currently held by Democrats in Alaska, Arkansas, Iowa, and Louisiana.  Though in Louisiana, Democratic Senator Mary Landrieu will win on November 4, she will not cross the 50% threshold sending the top 2 into a run-off in December in which she will fall.  Republicans will also hold onto their seat in Kentucky.  This gives the GOP a total of 50 seats.

So what about the Democrats?  I believe they will hold onto their seats in New Hampshire and North Carolina.  I’ve watched over the polls of Colorado, and they have given me a headache just as they did during the 2012 election.  I will go out on a limb that Colorado will stay in the Democratic column but just barely.  There is still a state that was a surprise for this grouping.  Even a month ago, I had not included it here but my gut tells me to do so now.  Georgia.  Again, I believe this will be extremely close, but that the Democrat will come out on top.  Total for the Democrats… 49.

This leaves one seat remaining.  Republicans need it for control; Democrats need it for a tie with Vice-President Biden (Democrat) being the tie-breaker.  I hinted at this earlier, and it is Kansas.  As the election year started, Republicans saw Sen. Pat Roberts as a safe seat.  He had a tea-party challenge in the primary which he defeated.  He was being challenged by the Democrats and an Independent candidate Greg Orman.  Then the Democrat, basically seeing the writing on the wall, dropped out leaving only Orman to challenge Sen. Roberts.  The race has tightened up, but I’m predicting that Orman will pull off the upset and join Independents Bernie Sanders (VT) and Angus King (ME) in the Senate.  So it will come down to where he caucuses: with the Republicans to give them majority, or with the Democrats to give them a tie (and thus majority off the tie-breaker).

My 2014 Prediction

My 2014 Prediction

This is how close it is going to be.  The Senate will be 50-50 or 51-49 Republican.  The Senate may need to learn how to compromise and function a little bit better with the chamber so evenly divided.  Despite all the polls and predictions, it will all still be determined by who shows up to vote.  So make sure to vote on November 4.

** This column is my sole opinion based off examining various polls.
** Special thanks to RealClearPolitics for allowing me to create my own map.

Do Independent Voters Really Matter?

It’s 2014 and that means that it’s a midterm election year.  So that means that the two main parties will head to their respective corners and leave out nearly a third of Americans.

Throughout the primary process… especially the early primaries… candidates tend to move more toward their base so that they can win.  This is helped by the fact that the two main parties don’t want independent voters to have a say in who their candidates are.  This is usually left up to the states to decide for themselves, though.  It’s not until after the primaries are over that a candidate tries to center their message and attract the independent voter because most elections can’t be won without them.

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There are basically two types of independent voters.  The first type is the moderate voter that switches back and forth between the two parties.  The other type are the independent voters that can vote Democrat or Republican, but they also are willing to vote for third party and independent candidates.  They are not held down to the two-party belief that our political system has tried to force upon the voters. The latter group is where I’m placing my focus.  More and more Americans are starting to realize that there are other options out there and are fighting to get them equally included.

As the two main political parties become more polarized and more bent on just serving those voters that vote for them.  Those that exist in the middle find themselves left out.  Third party candidates (and independent candidates) are often left off out debates and are sometimes sued by the major parties in an effort to keep them off the ballot.

The mentality is the same for both Democrats and Republicans.  A vote for a third party candidate or an independent candidate is a wasted vote.  It’s a vote that could have gone to them.  And all one needs to do is to express their intent to vote for such a candidate to hear how much they have that thought in our mentality.

The two main parties still control the election process and are actually working together to keep it that way.  They want to make sure that the voters don’t really have a choice and that the political pendulum only swings two ways.

FACT:  Nearly 40% of people do not vote. This is because they feel left out and ignored.

But as the parties move farther and farther apart, the moderate and independents in the middle are getting left out and the country is losing because there aren’t any real debates or solutions.  It’s just the same stuff over and over again.  If the independents were to rally around one third party or independent candidate, they could make a real play at winning an election.

When it comes to a presidential election, the Commission on Presidential Debates (CPD) has imposed a 15% minimum in polls for a third party or independent candidate to be allowed into the debates.  This number was made higher after the 1992 presidential election in which Ross Perot had significant support and was included in the debates.  So now when complaints come in that other candidates aren’t included, the CPD just points to the rules.  What they aren’t telling the voters is that they don’t even include the other candidates in the polls.

Independent voters are constantly discussed when an election year comes around.  Even the media seems to talk about them nonstop.  The rest of the time, the parties and even the media could care less.  A question was posed this past Sunday on This Week with George Stephanopoulos about who should be the guest of honor at the State of the Union address.  Political contributor Matthew Dowd said it best, “First Lady should have empty chair in her box at SOTU to represent millions of americans forgotten in dc.”

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So do independent voters really matter?  Of course they do in the general election.  They are the most prized votes to get.  But there is a saying. “If I’m not good enough to vote for your candidates in the primary, then I guess they don’t need my vote in the general election.”

Independent voters should listen to that saying.  They have more voter power these days than they realize.  If they were to unite and exercise their vote, they could shake up the election process.  If independents are the deciding vote in elections then maybe it’s time they make a different decision.  We really do have more than two options.

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