Life and Times of Alex Esguerra

The Takeaway: The Impeachment Report: The House Intelligence Committee's Report on Its Investigation

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With the approved Articles of Impeachment from the House on hold by the Speaker of the House, the question lies on how long and why?  Pelosi indicated Thursday that she would delay sending the articles of impeachment to the Senate, seeking more clarity on the rules for President Trump’s trial and potentially pushing the proceedings well into the new year.

The-impeachment-report-the-house-intelligence



The official report from the House Intelligence Committee on Donald Trump’s secret pressure campaign against Ukraine, featuring an exclusive introduction by Pulitzer Prize–winning author and biographer Jon Meacham
 
For only the fourth time in American history, the House of Representatives has conducted an impeachment inquiry into a sitting United States president. This landmark document details the findings of the House Intelligence Committee’s historic investigation of whether President Donald J. Trump committed impeachable offenses when he sought to have Ukraine announce investigations of former vice president Joe Biden and his son Hunter.


This saga zero's in on the report's emphasis for the President asking for a political favor using his office.

 
On the morning of July 25, 2019, President Donald Trump settled in to the White House Executive Residence to join a telephone call with President Volodymyr Zelensky of Ukraine. It had been more than three months since President Zelensky, a political neophyte, had been swept into office in a landslide victory on a platform of rooting out corruption and ending the war between his country and Russia. The day of his election, April 21, President Zelensky spoke briefly with President Trump, who had called to congratulate him and invite him to a visit at the White House. As of July 25, no White House meeting had materialized.


As is typical for telephone calls with other heads of state, staff members from the National Security Council (NSC) convened in the White House Situation Room to listen to the call and take notes, which would later be compiled into a memorandum that would constitute the U.S. government’s official record of the call. NSC staff had prepared a standard package of talking points for the President based on official U.S. policy. The talking points included recommendations to encourage President Zelensky to continue to promote anti-corruption reforms in Ukraine, a pillar of American foreign policy in the country as far back as its independence in the 1990s when Ukraine first rid itself of Kremlin control. 

The 300-page report lays out Democrats’ case that President Trump abused the power of his office to solicit political help from a foreign power and obstructed the inquiry into his actions. In summary, it lays the ground on 
Trump ‘ordered and implemented’ a campaign to conceal his conduct from the public and Congress.
The report accuses Mr. Trump of what it calls an “unprecedented campaign of obstruction of this impeachment inquiry,” saying he denied documents to Congress and tried to block State Department diplomats and White House officials from testifying.
Abuse of power: This is described throughout the report
Obstruction of Congress: This allegation is an entire section of the report
The democrats zero'd down on this two articles of impeachment in the final. 
The Democrats have faced some criticism for that, both inside and outside Congress. If they waited a few more months, could they connect the political quid pro quos to Trump without a shred of doubt? Instead, they are rushing to impeach Trump before it’s officially a presidential election year.  Meanwhile, the Speaker has delay the transmission of the Articles due to the fear quoting the Senate Majority Leader that he and the republican controlled Senate will be partial in depending the President.
In the end of this political process, will be public majorly be convinced of the President's actions warranting this impeachment saga or this is not a priority for the regular citizen.

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A President's General Moral Responsibility to the people

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What is the President’s Greatest Responsibility?



The presidential oath of office that is prescribed by the U.S. Constitution (Art. II, sect. 1) makes it clear that the President’s supreme responsibility is to “…preserve, protect, and defend the Constitution of the United States.”  

Moral Leadership has a different point of view in leading their followers. They take action by choosing the moral and the most ethical decisions to solve an issue. Moral Leaders take beliefs and moral as a personal matter. Moral Leaders follow their moral rather than the organization's value.

Do leaders as a President  have moral obligations? ... Morals do not have to be religious or stemming from a certain set of beliefs, they are just what makes a good or bad decision and if the decision is right or wrong. Leaders should know that they have to make decisions that benefit the greater community.

"The president is the very first symbol of American government that children comprehend," she says. "The president, especially in the modern era, comes into our homes — first by radio, then television, now through all sorts of electronic gadgetry — and so we think of him as part of our life. And that's why it's so important for him to model the proper behavior for us."

I find that again and again, no matter what the subject is, we return to the question of leadership. Moral leadership is in fact the central task of our presidents when it’s done correctly,” said Jon Meacham, a Pulitzer Prize-winning historian who has written books about Thomas Jefferson and Andrew Jackson. He spoke at a luncheon in October kicking off a year-long series on Moral and Ethical Leadership in the American Presidency. 

The best presidents – including figures such as Abraham Lincoln and George Washington – are celebrated not only as good leaders, but as good men. They embody not simply political skill, but personal virtue.
Why, though, should anyone expect a president to demonstrate that sort of virtue? If someone is good at the difficult job of political leadership, must they demonstrate exceptional moral character as well?
In Nov. 7 2018 during a press briefing at the White House, President Trump defended his rhetoric and his status as a “moral leader” after a reporter asked him about the rise in anti-Semitic attacks during his presidency.
“I think I am a great moral leader and I love our country,” Trump said Wednesday at a White House news conference.
Today's modern era on American Presidency depicts a lot on the presence and influence a President makes to the country through our televisions, radio, online, social media and all channels we see the daily current events. The basics on this moral perspective starts right from the words uttered by a leader and the message he/she communicates to the people.
Unfortunately, each word and statement uttered to the executive actions no mater how significant and valuable they are is tied to a moral responsibility as leader of the free world and as protector of the US Constitution.
Moral responsibility without even looking at the political implications they have dictates the outcome it sends to the people. The daily actions affecting moral responsibility of a president eventually is a writing material for Presidential historians,

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Racism and Implied Racism

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The events on the past few days starting with a twitter tweet to a House Resolution once again pen the debate on this topic. 

Racism as define touches on prejudice, discrimination and or antagonism directed against someone of a different race based on the belief that one’s own race is superior. The exact words go back to your country without even stating the restof the statements merely serves the definition.


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Overriding a Veto

Posted by noreply@blogger.com (Alex Esguerra) on


veto (Latin for "I forbid") is the power (used by an officer of the state, for example) to unilaterally stop an official action, especially the enactment of legislation. A veto can be absolute, as for instance in the United Nations Security Council, whose permanent members (China, France, Russia, United Kingdom, and the United States of America) can block any resolution, or it can be limited, as in the legislative process of the United States, where a two-thirds vote in both the House and Senate will override a Presidential veto of legislation.[1] A veto may give power only to stop changes (thus allowing its holder to protect the status quo), like the US legislative veto, or to also adopt them (an "amendatory veto"), like the legislative veto of the Indian President, which allows him to propose amendments to bills returned to the Parliament for reconsideration.


The power of the President to refuse to approve a bill or joint resolution and thus prevent its enactment into law is the veto. The president has ten days (excluding Sundays) to sign a bill passed by Congress. A regular veto occurs when the President returns the legislation to the house in which it originated, usually with a message explaining the rationale for the veto. This veto can be overridden only by a two-thirds vote in both the Senate and the House. If this occurs, the bill becomes law over the President's objections. A pocket veto occurs when Congress adjourns during the ten-day period. The president cannot return the bill to Congress. The president's decision not to sign the legislation is a pocket veto and Congress does not have the opportunity to override.


Hence, this is why the Speaker of the House has expressed her plans moving forward on March 26. 

Her bill is to re-introduced a bill or joint resolution that has been vetoed by the President can become law if two-thirds of the Members voting in the House and the Senate each agree to pass it over the President’s objection. The chambers act sequentially on vetoed measures: The House acts first on House-originated measures (H.R. and H.J. Res.), and the Senate acts first on Senate-originated measures (S. and S.J. Res.). If the first-acting chamber fails to override the veto, the other chamber cannot consider it. The House typically considers the question of overriding a presidential veto under the hour rule, with time customarily controlled and allocated by the chair and ranking Member of the committee with jurisdiction over the bill. The Senate usually considers the question of overriding a veto under the terms of a unanimous consent agreement.

Under the new democratic controlled congress, it will be an overwhelming yes to pass the re-introduction. The question lies now whether it goes pass beyond the United States Senate controlled by the Republicans. The recent developments of Republican senators who finally broke the ranks on challenging this President although compelling will still need a two-thirds vote.

Two-thirds of the Senators voting, a quorum being present, must agree to override the veto and repass the bill. The vote must be a roll call vote and not a voice vote, due to the constitutional requirement that the vote be by the “yeas and nays.” A motion to reconsider the vote on the question of overriding a veto is in order only if the Senate fails to override the veto. In other words, if two-thirds of the Senators agree to override the veto, a motion to reconsider that vote is not in order. If the Senate fails to override a veto of a Senate-originated bill (S. or S.J. Res.), then the question of override never reaches the House. The Senate simply informs the House that the override vote on a House or Senate bill was unsuccessful. If the override vote on a Senate-originated measure (S. or S.J. Res.) is successful in the Senate, the bill and veto message are sent to the House for action. If the override vote on a House-originated measure (H.R. or H.J. Res.) is successful, then the bill becomes law because two-thirds of both chambers have agreed to override the veto.

Only after this is successful with this veto be overridden. Hence, this is why is already expected this re-introduction will eventually not get the two-thirds senators to get a "yes". The speaker of the house known from her wits on negotiation for the record is perceive to answer why her next steps plans of re-introduction on March 26. We know, the Senate expected not to get the two-thirds to "yes" but the most important achievement that she and the democrats are aiming to get more Republicans in Congress to break their allegiance to this President.

Regardless, the ultimate goal of the partisan endeavor is the separation of powers between executive and legislative that could be a precedent for future Presidents to simply use a National Emergency without going through congress as a tool to abuse his/her executive authority to use discretionary funds that should been enacted through congress. This is also why the democrats is also considering going to the courts.

We will see what happens next on this actions.


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No One is Above The Law Yet is there a case of Impeachment amidst a New Congress

Posted by noreply@blogger.com (Alex Esguerra) on

Impeaching the President

A few days before a new year 2019 before the Democrats takes over control of the House of Representatives again opens the case on the subject of Impeachment.

Reading through Alan Hirsch book validates the process of impeachment.  A process that has been improved yet raise on every President since 1994's Bill Clinton's case of impeachment. From George Bush to even Barack Obama's issue of being not born in the US and using an Executive Order for DACA, it seems to be now a trend that "Impeachment" has been always a discussion in Congress. Whether it does happen, discuss or even a bill created towards impeaching the current Commander In Chief is the real question. What's the main difference as the author noted in previous Presidents is that most of the impeachable cases came about on the previous Presidents second term in office. The main relevance on this case today is on April 2017, 3 months right on the start of the 45th President Donald J. Trump first term presidency solidified his impeachment case followed by the creation of the Special Counsel to investigate on the Russian intervention of the 2016 Presidential elections.

As of this writing, it is the 3rd government shutdown on this administration when no deal came about with Congress and the White House. The main issue tackled is a "Border Wall" between Mexico and the United States, the main requirement of President Trump. The democrats as known will never agree to this border wall. The President now trying to get more and more open to negotiations, says it may now be a "Steel Barrier Fence" instead of a "Concrete Wall". Whether this new nomenclature will be agreeable still raises the question. If you really want to end the shut down Mr. President, a simple grammar correction might be "Border Security". Your business acumen knows better by using corrected grammar then identifying the right necessary steps and tools you might need taking into consideration what are the allowable actions in such terms.

Hirsch did a good representation of the historical narratives, engravings, illustrations and documentations on the impeachment episodes dating from Andrew Johnson, Richard Nixon to the last one of Bill Clinton. Clinton's case made the trend to start an impeachment discussion on every President that followed from Bush, Obama and now Trump. 

America as the greatest country is the epitome of democratic principles. Authoritarian rulers are commonly seen in history from third developing countries for example as their President, Prime Minister, General are above the law coupled with corruption and human rights violations. Hence is why Saddam Hussein is now history. Such authoritarians act and lead on their own choice and command, controls their Congress and titled as military ruler. This is why some of them were deposed by their own military by way of a Coup D Etta. 

As I see it, firing the AG, FBI Directors neither is obstruction on the case of President Trump is a long shot towards removal from office. Him holding the highest office of enforcing the law given to him sort of immunizes him being removed or sued right now. The campaign spending issues may or may not be legal cases but that will come after his presidency.

Congress is mainly focus on protecting the Special Counsel Mueller's from being removed or dictated. This is because this is the prime case that may lead to a case of impeachment if this President or his enforcers derails Mueller's investigation unless Mueller acted improperly. When a President prevents a Prosecutor to do his or her job because he feels threaten as signs shows in the past then this obstruction of justice for an impeachment case of the 45th President.

Richard Nixon as verified by the author in book made the strategy to change the Special Prosecutor and was not later impeached. It is agreeable that if Trump does replace Mueller it might or not reduced an impeachment case. However, today is very much a different case as this President has since already concluded on him being threaten by this Prosecutor's actions. Likewise, Nixon eventually resigned from office as a last resort. What happens to this President amidst a new Congress is there to see in 2019. It might turn things around for the better good by being non-partisan between Congress and the White House as seen in previous Presidents or whether a case of impeachment is doom, we will have to see.

May we enjoy the blessings of this Holiday Season and Hoping for the best of the New Year.

Alex Esguerra


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