Newsletter | September 14, 2023
There is only one truth. When Americans invest their faith in leaders who fail in their mission to hold the corrupt to account, the search for the truth is in the hands of We The People. These are the circumstances of our time in history. And, sometimes, questions of intentions arise even among those least expected.
William Barr, a Washington, D.C. luminary who was once seen as a lawman in a white hat, coming in to clean up a Beltway that had become rotten at the core, is one such example because, in reality, that’s not how it played out. He failed his mission, and some now wonder if he ever intended to accomplish it.
The fact is, he left the Justice Department in even worse shape than when he started. Republican voters have less faith in the DOJ and FBI now than they did before Barr’s two-year tenure. And worse, since resigning from the Donald Trump administration in its final days to protest the President’s allegations of election fraud, the former attorney general has become a spokesman for the anti-democratic forces he was hired to bring to heel.
After the FBI’s August 2022 raid on Trump’s Florida mansion, Barr demanded Trump step away from his presidential run. When Merrick Garland’s corrupt Justice Department brought phony classified documents charges against the former president, Barr said the prosecutors had good evidence. When DOJ brought its second round of indictments against Trump, for election interference, Barr said it was a “legitimate case.
The fact is that in taking sides with the federal law enforcement authorities who have weaponized the justice system, Barr is turning not only on his former boss but also one-half of the U.S. electorate, who have been subjected to the DOJ and FBI’s campaign of terror targeting pro-Trump demonstrators, school parents, pro-life activists, journalists and other opponents of the ruling party.
It’s strange to think it was less than five years ago that Barr’s appointment to his second term as attorney general gave Americans hope that he would restore the integrity of federal law enforcement.
At first he appeared to be doing all the right things. He ended the special counsel investigation and named John Durham to investigate the origins of the FBI’s anti-Trump plot. The president and his supporters expected justice, and Barr counseled patience. Investigations take time, he said. But if no one was brought to justice for interfering in the 2016 election, there would be nothing to stop the same people from doing the same in 2020.
In fact, the FBI had set up a special unit, the so-called foreign interference task force, tasked to reboot the Bureau’s 2016 election interference campaign for 2020 and, again, hide evidence of the Democratic candidate’s corruption. Even while Trump was being impeached for asking questions about the Biden family’s financial entanglements in Ukraine, the Bureau came in possession of Hunter Biden’s laptop, loaded with evidence confirming Trump’s concerns.
Even with the agencies under Barr’s control holding information that would have cleared the president, the attorney general did nothing. When informants provided more leads pointing to the Bidens’ corruption, Barr buried the evidence by sending it to a prosecutor in Biden’s home state.
In the spring of 2020, Barr said that neither Biden nor Obama were among Durham’s investigative targets. But why not? Government records contained evidence that both Obama and Biden had participated in Russiagate.
At the time, Barr also said he expected developments in Durham’s cases by late summer. But when Labor Day passed without indictments, it was clear that nothing would happen before the November vote — and the same agencies and the same figures would be incentivized to again interfere in the election.
Sure enough, when news of Hunter Biden’s laptop broke, the FBI’s special task force coerced social media platforms to censor it as “Russian disinformation.” Barr later said he was shocked to hear Biden repeat the FBI’s lie about the laptop in his first televised debate with Trump. But that’s just evidence Barr knew the laptop was authentic, even as the agents under his authority were rigging an election and creating First Amendment violations.
Barr’s current public position against Trump, while destructive and deceitful, also provides evidence of a bad conscience. Perhaps he thinks that having gone this far to cover up and facilitate crimes against the American public, the only way forward is to continue along the path of corruption.
In the end, the story of William Barr is a sad one, but also a reminder that the only institution that can be fully trusted to preserve our republic is We the People. And as we link arms readying ourselves for the fight for our God-given rights, look to your left and to your right, where you see family, friends, neighbors, and other patriots who look to you to stand strong and hold the line.
Please participate in our Reader’s Survey. Your insights and thoughts are important as we learn what is on the minds and in the hearts of our fellow Americans. We read them all and share some of them Mondays at 9 a.m. during America’s Future live broadcasts with our Executive Director Mary O’Neill on America’s Mondays With Mary. Thank You!
Jeffrey Clark served as an Assistant Attorney General in the Donald Trump administration from 2018-2021. In August, he was indicted along with former President Donald Trump and seventeen others in a phony conspiracy case cooked up by the Fulton County, GA district attorney to interfere in the 2024 election and punish Trump aides. Clark is a Senior Fellow and Director of Litigation at the Center for Renewing America, in Washington, DC. Recently, we spoke with Jeff to get his insight on how the justice system has been weaponized to target those like him who stand up to the corrupt ruling class.
How do you explain what’s happened to the U.S. justice system the last several years?
Rot. Spiritual rot, cultural rot, educational rot, professional rot. In the legal field, the rise of a school of thought called “legal realism,” which equates law to politics, is one of the main causes of the implosion of the justice system, as its perverse way of thinking is universally now thrust law students while they are getting their J.D.s. But there is also purposeful capture of leading institutions like the U.S. Department of Justice that’s to blame as well.
How would you repair the damage done to American institutions during this period?
There is no single panacea. The Nation needs to repent and turn from evil. We have to retake or build new educational and cultural institutions that support traditional values of the true and the beautiful and reject the pernicious influence of post-modernism. We also have to change legal culture. This is all embodied in our organization’s name — The Center for Renewing America.
Are you surprised that the media, once a check against political power, has joined forces with the political establishment?
No. The journalism schools are worse even than the law schools, and all of the countrywide spiritual and cultural rot factors equally affect journalists as well. Additionally, mainstream media sources are monopolized by a handful of corporations. Specifically, they are largely in the hands of an elite, now often internationalist class, that wants to loot America for their own tiny class’s benefit because they think “flyover country” citizens are their enemies and/or beneath contempt for their simplicity and decency.
How can Americans help you in your legal defense?
They can go to www.givesendgo.com/jeffclark. I’d really appreciate it. And that site is a special blessing because it allows those who go there not only to send funds but also to send prayers — or to send only prayers. The Biden economy is devastating, there are many competing causes, and people’s pocketbooks are shrinking, I know. But any contribution or prayer helps.
What is your prayer for America?
Dear Lord, please help our land to heal. Politics used to be something that could lead to heated conversations but never descended to today’s bloodsport level. Remind us of what we share in common and frustrate the schemes of America’s enemies — inside and out — and prevent them from dividing us from the ideals of the Declaration, the Constitution, as well as the Star-Spangled Banner, Pledge of Allegiance, and America the Beautiful!
Editor’s Note: To read other Speaking With American Patriots interviews, please click here
Most people agree that the more information available to the public, the more likely it is that informed decisions will be made and that truth will prevail. Apparently, our federal government does not endorse that theory—and may not even endorse the idea of “truth,” at all.
On Sept. 8, 2023, the United States Court of Appeals for the 5th Circuit issued a 74 -page opinion demonstrating one sure thing: Our federal government has been infringing and illegally violating the First Amendment rights of American citizens by deplatforming them altogether and/or censoring and suppressing ideas and information not in accord with the federal government narrative. Even more disturbing, it is taking unlawful actions against us, covertly – leaving no doubt that corruption is afoot. The case is Missouri v Biden, 5th Cir. Dkt No. 23-30445, and in all likelihood, the Supreme Court of the United States will have the opportunity to hear the case sooner than later.
The federal government’s suppression of dissent, its censorship-by-proxy, and its persecution of political rivals are all evidence of an actual clear and present danger to our Constitutional Republic. With this in mind, and Constitution Day ahead on Sunday (Sept. 17), it is a good time to read the Constitution and reflect on its importance and meaning as the supreme law of the land, the foundation for federal and state laws, and the framework and basic structure of America’s form of government.
Our Constitution, as amended, shoulders the ultimate powers of our nation: it creates the framework for our Constitutional Republic form of government; it establishes a system of self-governance with elected representatives exercising authority over government for the public good; it confers limited and enumerated powers to the federal government and each of its three branches; and, perhaps most significantly, the first Ten Amendments enshrine a “Bill of Rights” specifically guaranteeing personal freedoms and liberties to all Americans. Of the first Ten Amendments, the First Amendment is thought to be the most fundamental and basic freedoms – our freedom to speak; to worship; to assemble; to petition the government for a redress of grievances; and to publish, print, or disseminate, howsoever, information, thoughts, ideas, beliefs, and opinions free from government restraint or censorship and without fear of prosecution.
Our First Amendment freedom to disseminate information publicly and to express our thoughts and opinions externally gives context to the meaning of “Freedom of the Press.” Advancements in technology coupled with human ingenuity thrust social media online platforms into the homes of millions of Americans. Communicating with one another or with the public, at large, has become the norm, and websites that offer interactive communication with others have become our public square.
America’s Future stands for freedom and reason. We stand against censorship, and we agree with Thomas Jefferson, who described our nation as “protected by divine Providence.” We cannot and will not be silenced. To read our Amicus brief filed in the Missouri case, click here.
Editor’s Note: Just prior to publishing our newsletter, we learned that the DOJ filed with the SCOTUS an application of a stay for the injunction issued by the U.S. District for the Western District of Louisiana. The SCOTUS ordered that the preliminary injunction be administratively stayed until Friday, Sept. 22, 2023.
“He loved this country, and this country destroyed him…like he was nothing.” These are the words of Matthew Perna’s aunt Geri Perna, who is featured in part 1 of Lara Logan’s “The Rest of the Story” docuseries seeking the truth behind the January 6th political persecution of Americans caught in a web of lies and deceit by a weaponized justice department, and its overlords pulling the strings. Matthew Perna, who killed himself in February 2022 after being “at the mercy of the U.S. justice system for over 13 months,” was the beloved nephew of Geri Perna. Watch part 1 of the docuseries here to learn the truth about the heartbreaking story of Matthew Perna and his family’s love for a kind-hearted young man who went to Washington, D.C., on that fateful day in January 2021, only to exercise his First Amendment rights.
“For months, we’ve been working on a series of stories about January 6th,” explains Lara in a recent social media post. “I did not expect to meet so many extraordinary people in ordinary places who traveled all the way to Washington D.C. on January 6th, some of whom had never seen the Capitol in their lives. You probably don’t know their names or their faces, and that’s by design. I learned so many things I did not expect, and I was reminded why I still fight to go beyond the headlines and false narratives and find the truth that lies in the rest of the story…the parts you weren’t told.”
Seeking truth wherever it leads, Lara’s award-winning investigative journalism career spans decades and has earned her international respect and acclaim for honest reporting. Her new program, “The Rest of the Story with Lara Logan,” launched today (Sept. 14) about January 6th, and the stories of ordinary Americans who have endured incredible pain, are presented by Truth In Media. Watch for further episodes to be released in the coming weeks. Lara is an America’s Future Board Director and member of its Project Defend & Protect Our Children Advisory Board.
Impeachment — What Are “High Crimes and Misdemeanors”?
This is the fifth entry in our IN FOCUS section examining the impeachment power to help give readers a historical and constitutional context to this political process. To access previous articles, please click here.
When the House reconvened on Tuesday, September 12, Speaker Kevin McCarthy finally did something to advance an impeachment investigation of President Biden. Before the August break, he had said the next step would be bringing to the floor a resolution to formally authorize an Impeachment Inquiry, but he did not do that. Rather, he simply announced: “Today, I am directing our House committee to open a formal impeachment inquiry into President Joe Biden.”
McCarthy directed three committee chairmen to lead the inquiry: House Oversight Committee Chairman James Comer; House Judiciary Committee Chairman Jim Jordan; and House Ways and Means Committee Chairman Jason Smith. They no doubt will consider Biden’s dealings with Ukraine, Hunter Biden’s family influence peddling, the weaponization of federal law enforcement, dereliction at the border, and more. This inquiry likely will take many months, and if he is impeached, will be followed by a trial in the Senate — but President Biden leaves office in only 16 months — if not re-elected.
The response of the Democrats, who had twice impeached President Trump, was swift, and predictable. Congressman Jamie Raskin (D-MD) asserted: “The Constitution says that the standard for impeachment is treason, bribery and other high crimes and misdemeanors. They don’t have anything like that.” Raskin doesn’t even think it is a close call. Recently, he released a memo claiming that House Republicans had “zero evidence” of actual Biden wrongdoing in the Hunter Biden scandal. This despite emails between Hunter Biden’s business partners referencing “20 for H” and “10 held by H for the big guy?”, which one of the persons who received the email stated was a reference to Vice President Biden.
Unlike Mr. Raskin, others share GOP Congressman Greg Steube’s conviction that Biden’s actions constitute high crimes and misdemeanors. “He has undermined the integrity of his office, brought disrepute on the Presidency, betrayed his trust as President, and acted in a manner subversive of the rule of law and justice at the expense of America’s citizens.”
Politics aside, the central legal issue is whether the actions of President Biden meet the Constitutional standard set out in Article II, Section 4 which allows impeachment for “Treason, Bribery, or other high Crimes and Misdemeanors.” Let’s dive into that issue and consider what sorts of actions meet that standard. It is a complicated question with no certain answer. It took Constitutional scholar Raoul Berger 359 pages to explain Impeachment, but we can hit the high points. See R. Berger, Impeachment: The Constitutional Problems (Harv. Univ. Press: 1999).
First, must a “high Crime and Misdemeanor” be an actual criminal offense? There were many crimes at common law, but it is interesting that the Constitution expressly prescribes only three federal crimes. Article I, Section 8 identifies conspiracy and counterfeiting as federal crimes, and Article III, Section 3 creates the federal crime of treason. Most commentators believe that: “[w]hen the Framers approved the term of art ‘high Crimes and Misdemeanors’ in 1787 … they understood and accepted that it extended to gross misconduct in office that was not confined to criminal offenses.”
At common law, according to Blackstone, “The ‘first and principal high misdemeanor,’ was the gross maladministration of governmental authority by ‘such high officers, as are in public trust and employment,’ and was ‘usually punished by the method of parliamentary impeachment.’” See William Blackstone, IV Commentaries on the Laws of England, “Of Public Wrongs” (1769).
Along that line, Hamilton wrote in Federalist No. 65 that “high Crimes and Misdemeanors” are political offenses, where the society is the victim, not necessarily actual crimes:
In his Commentaries on the Constitution, Joseph Story followed this same theme:
Story suggested that the common law was the best measure of whether an offense was a “high crime or misdemeanor.”
[I]ndeed, political offences are of so various and complex a character, so utterly incapable of being defined, or classified, that the task of positive legislation would be impracticable, if it were not almost absurd to attempt it…. The only safe guide in such cases must be the common law, which is the guardian at once of private rights and public liberties. [Id. at 795 (emphasis added).]
In 1974, considering impeachment of President Nixon, the House Judiciary Committee took the position that a crime was not required, as it noted that “[c]omments in the state ratifying conventions also suggest that those who adopted the Constitution viewed impeachment as a remedy for usurpation or abuse of power or serious breach of trust.” See U.S. House of Representatives, Committee on the Judiciary, “Constitutional Grounds for Presidential Impeachment.” 1974, p. 13.
The Nixon impeachment relied on statements made by Edmund Randolph in the Virginia ratifying convention where he “cited the example of the President’s receipt of presents or emoluments from a foreign power in violation of the constitutional prohibition of article 1, section 9” as an example. Id. at 13 (emphasis added). Future Supreme Court justice James Iredell argued at the North Carolina convention that a President’s giving false information to Congresswould constitute such an offense. Id. at 14 (emphasis added).
The Judiciary Committee report on President Nixon also noted that not all prior impeachments involved crimes:
[e]ach of the thirteen American impeachments [before 1974] involved charges of misconduct incompatible with the official position of the officeholder. This conduct falls into three broad categories: (1) exceeding the constitutional bounds of the powers of the office in derogation of the powers of another branch of government, (2) behaving in a manner grossly incompatible with the proper function and purpose of the office, and (3) employing the power of the office for an improper purpose or for personal gain. [Id. at 17-18 (emphasis added).]
Thus, when Democrats assert that there can be no impeachment without a specific “crime” being committed, that argument is outside of the mainstream of thinking and historical practice about impeachment.
As additional evidence comes forward from the three House Committees investigating President Biden, whether he committed specific crimes will become more clear, but whether or not crimes are shown, his allies in Congress can be trusted to argue none of his actions meet the standard of “high Crimes and Misdemeanors.”
Editor’s Note: To read the articles in this series, please click here.
Reminders & Updates
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