DOWNSIDE LEGACY AT TWO DEGREES OF PRESIDENT CLINTON
SECTION: GENERAL REFERENCE MATERIAL
SUBSECTION: THE LAW
2 USC 441e "unlawful for a foreign national directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national."
2 USC 441f "No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a contribution made by one person in the name of another person."
5 USC 7353 The Federalist Brief 12/8/98 ".In recent years, the Clintonistas have creatively used federal racketeering laws to hammer those who disagree with some of their pet agendas. The most notable use of these statutes has been against pro-life advocates and organizations that peacefully protest the killing of unborn children. Before the advent of such statutes, the Justice Department resorted to ''second tier'' laws such as tax evasion and mail fraud to bring down notorious gangsters like Al Capone, who had otherwise successfully utilized cutouts to insulate themselves from prosecution for more serious crimes. It is worth reiterating our previous editorial arguments that notorious politicians like Bill Clinton, who successfully utilize political cutouts to insulate themselves from prosecution for more serious crimes, are, like Mr. Capone, ultimately trapped by more inane legal missteps. In this case, Mr. Clinton lied under oath in a sexual harassment lawsuit by a former employee before he found out his DNA was on the dress of another employee. Now that Mr. Clinton is on record acknowledging that he ''mislead'' everybody, he may have inadvertently stepped into one of his ''racketeering'' traps. Mr. Clinton sent out thousands of letters soliciting money for his legal defense fund, letters on his personal signature, claiming his innocence. But he knew at the time those letters were sent, that he was guilty as charged. Thus, Mr. Clinton conspired to defraud those from whom he was soliciting money. Lying under oath is perjury, and lying to obtain funds via the U.S. mail is ''mail fraud.'' Further, a senior Justice Department official says, ''The fund-raising appeals were in furtherance of a conspiracy and could easily rise to racketeering. [This is] not just a fraudulent scheme but also the use of the mails to perpetuate the fraud.'' And Larry Klayman of Judicial Watch says, ''The law (5 U.S.C. 7353) prohibits any federal official, including the President, from soliciting, accepting or benefiting from monies from private citizens -- the President's legal defense fund is an illegal operation.'' Of course, Mr. Clinton's defense will hinge on his interpretation of the word ''innocence.''."
17 USC 1 107. Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
18 USC 3 "Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact."
18 USC 4 "Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both."
18 USC 219 "Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938 or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act shall be fined under this title or imprisoned for not more than two years, or both."
18 USC 241 "If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, 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; . . . they shall be fined under this title or imprisoned not more than ten years, or both."
18 USC 242 "Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, . . . shall be fined under this title or imprisoned not more than one year, or both."
18 USC 600 "Whoever, directly or indirectly, promises any employment, position, compensation, contract, appointment, or other benefit, provided for or made possible in whole or in part by any Act of Congress, or any special consideration in obtaining any such benefit, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in connection with any general or special election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, shall be fined under this title or imprisoned not more than one year, or both."
18 USC 602 "It shall be unlawful for . . . a person receiving any salary or compensation for services from money derived from the Treasury of the United States; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both."
18 USC 603 "It shall be unlawful for an officer or employee of the United States or any department or agency thereof, or a person receiving any salary or compensation for services from money derived from the Treasury of the United States, to make any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 to any other such officer, employee or person or to any Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, if the person receiving such contribution is the employer or employing authority of the person making the contribution. Any person who violates this section shall be fined under this title or imprisoned not more than three years, or both."
18 USC 607 "unlawful for any person to solicit or receive any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 in any room or building occupied in the discharge of official duties by any person mentioned in section 603, or in any navy yard, fort, or arsenal. Any person who violates this section shall be fined under this title or imprisoned not more than three years, or both."
18 USC Sect 794, 794. Gathering or delivering defense information to aid foreign government: Whoever, with intent or reason to believe that it is to be used...to the advantage of a foreign nation, communicates, delivers, or transmits...to any foreign government...either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by death or by imprisonment for any term of years or for life, except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense ..directly concerned nuclear weaponry, military spacecraft or satellites...or other means of defense or retaliation against large- scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.''
18 USC 1001 "Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both."
18 USC 1510 "Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both."
18 USC 1512. Tampering with a witness, victim, or an informant (b) Whoever knowingly uses intimidation or physical force, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to - (1) influence , delay, or prevent the testimony of any person in an official proceeding; (2) cause or induce any person to - (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding; (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (D) be absent from an official proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; shall be fined under this title or imprisoned not more than ten years, or both.
18 USC 1621. Perjury. Whoever - (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of theUnited States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
18 USC 1622. Subornation of perjury Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.
18 USC 1623. False declarations before grand jury or court (a) Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years, or both. (b) This section is applicable whether the conduct occurred within or without the United States. (c) An indictment or information for violation of this section alleging that, in any proceedings before or ancillary to any court or grand jury of the United States, the defendant under oath has knowingly made two or more declarations, which are inconsistent to the degree that one of them is necessarily false, need not specify which declaration is false if .
18 USC 1905. Disclosure of confidential information generally Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Office of Federal Housing Enterprise Oversight, or agent of the Department of Justice as defined in the Antitrust Civil Process Act (15 U.S.C. 1311-1314), publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined not more than $1,000, or imprisoned not more than one year, or both; and shall be removed from office or employment.
18 USC 1956 "(a)(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity," and, "(A)(i) with the intent to promote the carrying on of specified unlawful activity; or (ii) with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or (B) knowing that the transaction is designed in whole or in part - (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or (ii) to avoid a transaction reporting requirement under State or Federal law, shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both."
18 USC 2381 "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States. "
18 USC 2382 "Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both. "
18 USC 2384. Seditious conspiracy "If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both. "
18 USC 2385. "Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or ."
18 USC 1091 JPFO 9/1/99 "…CRIMES AND CRIMINAL PROCEDURE 18 ss 1091
Sec. Sec. 1091. Genocide 1092. Exclusive remedies. 1093. Definitions. ss 1091. Genocide
(a) Basicx offense.--Whoever, whether in time of peace or in time of war, in a circumstance described in subsection (d) and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, recial, or religious group as such---
(1) kills members of that group;
(2) causes serious bodily injury to members of that group;
(3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;
(4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;
(5) imposes measures intended to prevent births within the group; or
(6) transfers by force children of the group to another group; or attempts to do so, shall be punished as provided in subsection (b).
(b) Punishment for basic offence.---The punishment for an offense under subsection (a) is---
(1) in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and
(2) a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.
(c) Incitement offense.---Whoever in a circumstance described in subsection (d) directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.
(d) Required circumstance for offenses.---The circumstance refered to in subsections (a) and (c) is that---
(1) the offense is committed within the United States;
(2) the alleged offender is a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
(e) Nonapplicability of certain limitations.---Notwithstanding section 3282 of this title, in the case of an offense under subsection (a)(1), an indictment may be found, or information instituted, at any time without limitation.
Sec. 794. Gathering or delivering defense information to aid foreign government
(a) Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by death or by imprisonment for any term of years or for life, except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense resulted in the identification by a foreign power (as defined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978) of an individual acting as an agent of the United States and consequently in the death of that individual, or directly concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.
(b) Whoever, in time of war, with intent that the same shall be communicated to the enemy, collects, records, publishes, or communicates, or attempts to elicit any information with respect to the movement, numbers, description, condition, or disposition of any of the Armed Forces, ships, aircraft, or war materials of the United States, or with respect to the plans or conduct, or supposed plans or conduct of any naval or military operations, or with respect to any works or measures undertaken for or connected with, or intended for the fortification or defense of any place, or any other information relating to the public defense, which might be useful to the enemy, shall be punished by death or by imprisonment for any term of years or for life.
(c) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.
(1) Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law -
(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation, and
(B) any of the person's property used, or intended to be used,
in any manner or part, to commit, or to facilitate the commission of, such violation. For the purposes of this subsection, the term ''State'' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection.
(3) The provisions of subsections (b), (c) and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)) shall apply to -
(A) property subject to forfeiture under this subsection; (B) any seizure or disposition of such property; and (C) any administrative or judicial proceeding in relation to such property, if not inconsistent with this subsection. (4) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund in the Treasury all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.
From Cornell Law Library (7/23/98 George Smiley Freeper) TITLE 18 - CRIMES AND CRIMINAL PROCEDURE -PART I - CRIMES -CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - 1961. Definitions - As used in this chapter - (1) "racketeering activity" means (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year; (B) any act which is indictable under any of the following provisions of title 18, United States Code: Section 201 (relating to bribery), section 224 (relating to sports bribery), sections 471, 472, and 473 (relating to counterfeiting), section 659 (relating to theft from interstate shipment) if the act indictable under section 659 is felonious, section 664 (relating to embezzlement from pension and welfare funds), sections 891-894 (relating to extortionate credit transactions), section 1029 (relating to fraud and related activity in connection with access devices), section 1084 (relating to the transmission of gambling information), section 1341 (relating to mail fraud), section 1343 (relating to wire fraud), section 1344 (relating to financial institution fraud), sections 1461-1465 (relating to obscene matter), section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1511 (relating to the obstruction of State or local law enforcement), section 1512 (relating to tampering with a witness, victim, or an informant), section 1513 (relating to retaliating against a witness, victim, or an informant), section 1951 (relating to interference with commerce, robbery, or extortion), section 1952 (relating to racketeering), section 1953 (relating to interstate transportation of wagering paraphernalia), section 1954 (relating to unlawful welfare fund payments), section 1955 (relating to the prohibition of illegal gambling businesses), section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire), sections 2251, 2251A, 2252, and 2258 (relating to sexual exploitation of children), sections 2312 and 2313 (relating to interstate transportation of stolen motor vehicles), sections 2314 and 2315 (relating to interstate transportation of stolen property), section 2321 (relating to trafficking in certain motor vehicles or motor vehicle parts), sections 2341-2346 (relating to trafficking in contraband cigarettes), sections 2421-24 (relating to white slave traffic), (C) any act which is indictable under title 29, United States Code, section 186 (dealing with restrictions on payments and loans to labor organizations) or section 501(c) (relating to embezzlement from union funds), (D) any offense involving fraud connected with a case under title 11 (except a case under section 157 of that ."
The Cornell University Law School Jul y 20th , 1998 Cornell University (a) Removal; Report on Removal. (1) Grounds for removal. An independent counsel appointed under this chapter may be removed from office, other than by impeachment and conviction, only by the personal action of the Attorney General and only for good cause, physical or mental disability (if not prohibited by law protecting persons from discrimination on the basis of such a disability),, (FOOTNOTE 1) or any other condition that substantially impairs the performance of such independent counsel's duties. (FOOTNOTE 1) So in original. (2) Report to division of the court and congress. If an independent counsel is removed from office, the Attorney General shall promptly submit to the division of the court and the Committees on the Judiciary of the Senate and the House of Representatives a report specifying the facts found and the ultimate grounds for such removal. The committees shall make available to the public such report, except that each committee may, if necessary to protect the rights of any individual named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report. The division of the court may release any or all of such report in accordance with section 594(h)(2). (3) Judicial review of removal. An independent counsel removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. A member of the division of the court may not hear or determine any such civil action or any appeal of a decision in any such civil action. The independent counsel may be reinstated or granted other appropriate relief by order of the court.
The Constitution Article. I Section 3 - Paragraphs 6 and 7 The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
The Constitution Article. II. Section. 1. -Paragraph 7 Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:-- "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
The Constitution Article II Section. 3. - from Paragraph 1 He shall take Care that the Laws be faithfully executed,
The Constitution Article II Section. 4. - Paragraph 1 The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
From Freeper Hildy 9/2/98 "Get this... started a new job the other day in a high-tech company, and as a routine matter, they gave me this document as part of the new employee package: On October 11, 1996, President Clinton signed a law known as the Economic Espionage Act of 1996 ("Act). We feel it is important that all of the employees of _____, know about the provisions of the act. The Act provides that the theft of other taking of trade secrets of ____________ is a federal crime punishable by a fine of up to $500,000 and/or imprisonment of up to 15 years. The Act identifies two types of criminal trade secret takings: (1) That which benefits individuals and corporations; and (2) That which benefits a foreign government or a foreign business entity.."
Memo from Jerome M. Zeifman to Rep Bob Barr 11/18/98 ".Tracking the language and format of the Nixon articles as closely as possible, I am submitting for your consideration the text of my recommendations for a proposed Article of Impeachment against President Clinton for bribery, which follows: In his conduct of the office of President of the United States, William J. Clinton has given or received bribes with respect to one or more of the following: (1) Approving, condoning, or acquiescing in the surreptitious payment of bribes for the purpose of obtaining the silence or influencing the testimony of Webster Hubbell as a witness or potential witness in criminal proceedings; (2) Approving, condoning, or acquiescing in the use of political influence by Vernon Jordan in obtaining employment for the purpose of obtaining the silence or influencing the testimony of Monica Lewinsky as a witness or potential witness in civil or criminal proceedings; and (3) Approving, condoning or acquiescence in the receipt of bribes in connection with the issuance of an executive order which had the effect of giving Indonesia a monopoly on the sale of certain types of coal. Currently, the federal bribery statute, section 201 of the Criminal Code (Title 18), reaches the giving, receiving or acceptance of anything of value for contemplated acts by public officials or witnesses in judicial or congressional proceedings as well as for acts already performed. The essence of the offense is the giving, solicitation or receipt of the bribe. The giving, solicitation or receipt may be accomplished through an intermediary who need not be a public official. Conspiracy to commit bribery may be a separate criminal offense (18 USC 371). The crime of bribery consists of the voluntary giving or receipt of benefits in corrupt attempts to influence the actions of public officials or testimony of witnesses. The crime is completed on the giving, solicitation or receipt of the bribe itself, and there need be no delivery of the "quid pro quo" in order to convict. Under section 201 it is not necessary to show the official or witness who gave, solicited or received the bribe possessed criminal intent. Under a series of Supreme Court decisions, to obtain a conviction, it is only necessary to show the official or his intermediary or the witness gave, solicited, received or agreed to receive, something of value with knowledge that the donor was compensating him or her for an official act or for testimony (or, non-testimony) as a witness in a judicial or congressional proceeding..."
CFR - Code of Federal Regulations (from Freeper Diamond)
Section 100.735-21 General conduct prejudicial to the Government An employee shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government.
Section 2635.704 Use of Government property. (a) Standard. An employee has a duty to protect and conserve Government property and shall not use such property, or allow its use, for other than authorized purposes.
Security Policy Board
The Phyllis Schlafly Report 10/98 ". In referring to Monica inhis grand jury testimony, Clinton said, "I'm quite aware that Ms. Lewinsky has a way of getting information out of people when she's either charming or determined." How's that again. The President admits to an inappropriate intimate relationship extending over a year or more with a woman who he knows "has a way of getting information out of people." How did Clinton know that Monica was not an agent of a foreign power? .."I formed an opinion really early in 1996 . .that she would talk about it . .I knew that ...she would have to. She couldn't help it. It was part of her psyche. So, I had put myself at risk." Can we have a President who knowingly, deliberately, puts himself at risk in intimate moments with a woman who he knows has a way of getting information out of people and who he knows will talk about it to others? .Clinton's own Presidential Decision Directive 29 established a Security Policy Board, which set forth guidelines for determining eligibility for access to classified information. Sec. 147.6 Guidance D states: "Secual Behavior is a security concern if it involves a criminal offense, indicates a personality or emotional disorder, may subject the individual to coercion, exploitation or duress, or reflects lack of judgment or discretion." On August 2, 1995, Clinton issued Executive Order 12968 on Access to Classified Information. Sec.31(b) states: eligibility for access to classified information shall be granted only to employees . . .whose personal and professional history affirmatively indicates loyalty to the United States, strength of character, trustworthiness, honesty, reliability, discretion, and sound judgment, as well as freedom from conflicting allegiances and potential for coerciion . . " Bill Clinton doesn't pass the test. He can't be trusted with the classified information available to the President.
Following from Prairie Ridge Stephen L. Worley by Freeper MadAsHell Re: Military Duty and Clinton
Section 50 USCS Appx-465 "... no person shall be accepted for (ROTC) enlistment after he has been issued an order to report for induction, unless authorized by the director and the Secretary of Defense..."
10 USCS=801, N543 "Where person had registered for draft, was delinquent, and was mailed notice to report before certain date or he would be in military service of United States, he was subject to trial by court-martial after that date, and it was not necessary to show his receipt of notice ..."
Section 10 USCS=2105: A member of the program who is selected for advanced training (third and fourth year ROTC) ... and who does not complete the course of instruction...may be ordered to active duty by the Secretary of the military department concerned to serve in his enlisted grade or rating for such period of time as the Secretary prescribes but not for more than two years.
Section 50 USCS=562.28 Enrollment. Says once a student has signed up for the third or fourth year of ROTC, that student must "...complete that course as a requirement for his graduation, unless relieved of this requirement by regulations prescribed by the Secretary of the Army."
10USCS=883, Fraudulent enlistment, appointment, or separation Any person who ... procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to eligibility for that separation, shall be punished as a court-martial may direct.
32 CFR=1632.14. Duty of registrant to report for and submit to induction.
32 CFR=1621.16. Permit to depart from the US.
32 CFR=1641.3. Communications by mail.
10 USCS= Art.86. Absence without leave.
10 USCS=Art. 104. Aiding the enemy.
10 USCS= 894. Art. 94. Mutiny or sedition.
18 USCS=2383. Rebellion or insurrection. . "incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or laws thereof, (or) gives aid or comfort thereto (and) shall be fined not more than $10,000 or imprisoned not more than ten years, or both and shall be incapable of holding any office under the United States."
32 CFR=562.29a. Discharge or disenrollment.
10USCS=932.Art.132. Frauds against the United States
10USCS=885.Art.85 Desertion "...any member of the armed forces who (1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; (2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service...is guilty of desertion...or attempt to desert (and this crime) shall be punished, if the offense is committed in time of war, by death or such other punishment as court-martial may direct.
18USCS=2388, Activities affecting armed forces during war Whoever, when the United States is at war, willfully makes or conveys false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies shall be fined not more than $10,000 or imprisoned not more than twenty years, or both.
18USCS=2381. Treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined not less than $10,000; and shall be incapable of holding any office under the United States.
18USCS=2387. Treason, Sedition Whoever, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States: (1) advises, consoles, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military shall be fined not more than $10,000 or imprisoned not more than ten years, or both , and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
18USCS=884.Art.84. Unlawful enlistment, appointment, or separation Any person subject to this chapter who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct.
Section 128... if a registrant or a person required to present himself for and submit to registration fails to perform any duty prescribed by the selective service law, or directions given pursuant thereto, within the required time, he shall...upon conviction in any district court of the United States of competent jurisdiction, be punished by imprisonment for not more than five years or a fine of not more than $10,000, or by both such fine and imprisonment, or if subject to military or naval law may be tried by court-martial, and, on conviction, shall suffer such punishment as a court-martial direct.
10USCS=843.Art.43. Statute of limitations (a)A person charged with desertion or absence without leave in time of war, or with aiding the enemy, mutiny, or murder, may be tried and punished at any time without limitation.
Impeachment Trial Oath
From the Mike Reagan homepage 12/23/98 ".Following is the text of the "Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials," drafted for the impeachment trial of President Andrew Johnson in 1868 and updated after the Watergate scandal in 1974…Form of oath to be administered to the Members of the Senate and the Presiding Officers sitting in the trial of impeachments "I solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of the impeachment of ------ ------, now pending, I will do impartial justice according to the Constitution and laws: So help me God.'' …"
(AP) -Fox News 5/20/99 "...The federal laws that govern the sale of guns in the United States are designed to funnel most interstate commerce in firearms through federally licensed dealers. State and local officials can impose additional restrictions, if they choose. Generally, all those "engaged in the business'' of selling firearms must acquire a federal license that requires them to do several things: -Run a Brady Law background check on anyone who wants to buy a gun to ensure the person is not a convicted felon or otherwise unqualified to own a firearm; -Keep a record of all purchases and sales back 20 years, and make it available to the Bureau of Alcohol, Tobacco and Firearms if it seeks to trace a gun. When dealers go out of business, they must ship their old records to ATF, a branch of the Treasury Department. -Report immediately to the ATF all multiple gun sales to one buyer. The number of federally licensed firearms dealers dropped to just over 100,000 in recent years, from more than 200,000, after the Brady Law set higher fees and tighter restrictions. ....."