![BrianCox_RLTW's tweet photo. Hey Rep Massie. International law prof & retired military lawyer here. I read the articles of impeachment you filed against @SecWar today. And it's clear you don't have a clue what you're talking about.
For everyone else, read on for a detailed (though not exhaustive) analysis explaining why the allegations presented in these articles are unconvincing as a matter of law.
In case you're not familiar, the Constitution establishes the causes & procedures for impeachment. Very briefly, the House of Representatives has sole power of impeachment (Art. I, Sec. 2) & must adopt articles of impeachment by a simple majority of members present for the vote. If that occurs, the Senate then has sole power to try all impeachments (Art. I, Sec. 3) & a conviction requires an affirmative vote by 2/3 of members present for the vote.
Finally, the Constitution also establishes that civil officers (including, in this case, SECWAR) "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors" (Art. II, Sec. 2).
The focus for present purposes is on the last provision. That is, Massie must demonstrate in his articles - and a majority of the House must agree - that the allegations involving Sec. Hegseth amount to "other high Crimes and Misdemeanors." That will be the focus of this analysis, since none of the 8 articles so qualify.
The critical analysis below addresses each of the 8 articles of impeachment. Because the full document is just over 33 pages long & the current platform is an @X post, this analysis won't necessarily be comprehensive in relation any of the 8 articles. Even so, treatment of each one will be detailed enough to at least hit the most important points.
Also, it is worth noting that, as a whole, the 8 articles of impeachment merely rehash many of the same complaints & criticisms that have been directed at SECWAR over the last couple years. This means I have addressed many of the individual criticisms along the way as well. For those articles, I'll give an overview of the critical analysis & provide a link to an earlier post for additional reading.
One more point before diving in - some of the articles are fundamentally flawed for the same reasons because they involve the same topics (particularly the first 3). For those, I'll consider them together while also addressing each of the individual accusations as part of the overall analysis of the group.
With those introductory points in mind, let's carry on to (briefly) analyze each of the 8 articles of impeachment.
(For reference, the full articles of impeachment, as filed, are available here: https://t.co/qG0cUWupFh)
- Articles I, II & III.
The first 3 out of 8 Articles deal with the so-called "War Powers Resolution" adopted, over Pres Nixon's veto, in 1973. Because the WPR has been unconstitutional from the outset, each of these allegations fails to state a "high Crime or Misdemeanor" for the same reason.
Specifically::
Article 1 claims, citing 50 U.S.C. §1541(c): "Secretary Hegseth knowingly executed and implemented unlawful orders to initiate war against a foreign nation notwithstanding the absence of congressional authorization, an attack upon the United States giving rise to the national emergency contemplated by law, or an imminent threat requiring immediate defensive action, thereby substituting unlawful executive action for the constitutional and statutory judgment of Congress."
Article 2 claims, citing 50 U.S.C. § 1544(c): "Secretary Hegseth knowingly executed and sustained unlawful orders that treated the Executive Branch as possessing authority to determine when war may be commenced, how long it may be sustained, and whether Congress’ direction to terminate hostilities must be obeyed. By implementing those orders, he effectuated, in practice, the unilateral continuation of military operations against Iran despite Congress’ exclusive constitutional authority to declare war and despite Congress’ formal action directing the removal of United States Armed Forces from hostilities."
Article 3 claims, citing 50 U.S.C. § 1544(b): "Secretary Hegseth continued to direct, authorize, and sustain the use of United States Armed Forces in hostilities in the Islamic Republic of Iran after the expiration of every potentially applicable statutory period."
The foundational flaw with each of these allegations is that they're based on "obligations" the executive branch - including SECWAR Hegseth - is not ACTUALLY required to recognize or implement.
And that's because the War Powers Resolution was unconstitutional when it was initially adopted in 1973 & it remains unconstitutional - for the same reasons - still today.
This is a topic I've addressed fairly comprehensively before, so I won't do so here. The short explanation, though, regarding why the WPR has always been unconstitutional is that it purports to expand Congress's authority to declare war (Art. I, Sec. 8) to include all situations of "hostilities."
The problem with THAT is that not all "hostilities" amount to "war." And just because Congress has authority to DECLARE "war" doesn't mean it can prohibit the executive from exercising Art. II, Sec. 2 commander-in-chief authority to order @DeptofWar troops to engage in "hostilities".
(for additional reading on this topic, see here: https://t.co/KS6wUsp5eg)
Of course, this isn't JUST my analysis. In fact, every @POTUS since the WPR was adopted in 1973 has determined that resolution is unconstitutional (pic 1), essentially for the reason I outlined above.
Likewise, historical practice supports the executive's (and my) assessment. As a separate Congressional Research Service report indicates, "there have been hundreds of instances" since 1798 "when the United States has used its Armed Forces in situations of military conflict or potential conflict or for other than normal peacetime purposes." Of these HUNDREDS of instances, there have ONLY been 11 formal declarations of war, and these "encompassed five separate wars" (pic 2) (pic 3 also shows a sampling of these from 1798 to 1825, only one of which - the War of 1812 - involved a formal declaration of war).
So, either ALL of these HUNDREDS of examples of "hostilities" that weren't "authorized" by a formal declaration of war were ALSO illegal, OR the War Powers Resolution of 1973 - which purports to expand Congress's authority to "declare war" to cover ALL "hostilities" as well - is unconstitutional.
I don't know about you, but that seems to be fairly adequate evidence indicating that the WPR is, in fact, unconstitutional. And if it IS (which, it is), then it isn't capable of establishing binding obligations with which the executive MUST comply.
And if THAT is the case (which, it also is), then Rep Massie's claim that SECWAR Hegseth committed "other Crimes and Misdemeanors" by failing to comply with various (nonexistent) obligations is, in a word, bogus.
- Article IV.
The basis for the next article is a claim that: "Secretary Hegseth willfully and systemically refused to comply with laws and directives mandated for the protection of civilians during the commission of armed conflict, chilled and rendered ineffective such components to prevent and mitigate harm to civilians, and therefore, foreseeably effected the death and injury of over 200 civilians [referring to the attack reportedly directed against an elementary school in Minab, Iran], to the manifest injury of the United States."
Tbh nearly every line of this article misrepresents various aspects of international AND domestic law in such an egregious manner that I'm tempted to do a deep-dive on just Article IV. Maybe there will be an opportunity to do so at some point in the future.
For now, I'll just focus on the core of this allegation: that SECWAR Hegseth failed to comply with legal "obligations" involving civilian harm mitigation & reduction (CHMR). This is a topic I have previously addressed in more detail here: https://t.co/8G2eaBk4Lm
The MAIN point to address here is that Congress doesn't possess the constitutional authority to FORCE DoW to implement specific CHMR practices. Congress can appropriate funds for such practices (Art. I, Sec. 8, Cl. 12). And Congress can "make Rules for the Government and Regulation of the land and naval Forces" (Art. I, Sec. 8, Cl. 14).
But POTUS is appointed as commander-in-chief of the military (Art. II, Sec. 2, Cl. 1). And practices related to civilian harm mitigation & reduction are strictly within the purview of CiC authority since they don't involve making rules for the armed forces (that authority is exercised by adopting the Uniform Code of Military Justice ... more about the UCMJ below).
There are SO many other deficiencies in Article IV that demonstrate why the CMHR initiative has been flawed since @SecDefAustin & @JoeBiden initially implemented the program & that fundamentally misrepresent #LOAC obligations + command responsibility & so on.
For present purposes, though, Art. IV fails to state a "high Crime or Misdemeanor" primarily because SEC WAR Hegseth has NO "obligation" to implement "laws and directives mandated" BY CONGRESS "for the protection of civilians during the commission of armed conflict" since CONGRESS exceeded its Art. I authority - at the expense of legitimate Art. II CiC authority - by purporting to "mandate" executive compliance in the first place.
- Article V.
The essential basis for the next allegation is: "Secretary Hegseth abused the authority and trust vested in him as Secretary of Defense not only by directing the unlawful use of lethal military force, resulting in the summary execution of at least 243 persons in international waters, but also by using his office to compel members of the Armed Forces to carry out such operations under false legal authorities that he caused to be constructed and imposed upon the chain of command."
This claim is centered on the campaign of attacks directed against suspected narcoterrorists in international waters.
Once again, this is a topic I've covered at length before (for example, here: https://t.co/qANP4g2tiB).
The MAIN problem here (out of many) is the assertion that: "By subjecting persons merely suspected of criminal conduct to lethal military force without judicial process, without congressional authorization, and without establishing a lawful basis for treating such persons or vessels as military targets, Secretary Hegseth arrogated to himself and the Executive Branch the roles of judge, jury, and executioner and asserted a unilateral power to determine who may live and who may die."
Of course, the "without congressional authorization" element returns us to the analysis from the WPR articles involving the concurrent constitutional powers to "declare war" (Congress) AND engage in "hostilities" (POTUS).
Even so, the assertion that suspected narcoterrorists operating drug boats on the High Seas are MERELY "suspected of criminal conduct" is a gross misrepresentation of international law involving the resort to force (jus ad bellum) & domestic implementation thereof.
See, this article explicitly acknowledges that an interagency task force developed a classified memo that presented "a legal basis for such strikes" by determining that the "United States is engaged in a noninternational armed conflict (NIAC) with 24 Latin American Designated Terrorist Organizations."
Whether one disagrees with this determination or not, the EXECUTIVE BRANCH HAS THE AUTHORITY TO DO SO. And when it DID determine the existence of a noninternational armed conflict against drug cartels, by definition the adversary was no longer merely "suspected of criminal conduct."
Yes, trafficking narcotics IS criminal conduct. But saying it is ONLY criminal conduct would be like claiming al-Qaeda operatives are "only" criminals since they're engaged in activity that is against the law.
A drug dealer at home is a criminal. A narcotics trafficker on the High Seas that ISN'T part of a group the government has determined to be an adversarial belligerent in a (noninternational) armed conflict is ALSO a criminal.
But a narcotrafficker on the High Seas that IS part of a group the government has determined to be an adversarial belligerent is a criminal AND a civilian taking direct part in hostilities (DPH).
And what do we do with civilians DPH? Sure, we can detain them - but we can ALSO make them the object of attack pursuant to LOAC. That's what DoW did, that's what SECWAR Hegseth directed, and none of it constitutes a "high Crime or Misdemeanor".
Article VI.
The crux of the allegation here is: Using the powers of his office, Secretary Hegseth retaliated against and sought to intimidate United States Senator Mark Kelly for his statement through a scheme or course of conduct intended to interfere with Congress’ constitutional authority to oversee the Executive Branch, grossly expand Article II powers at the expense of both the Legislative and Judicial Branches of government, and establish a precedent that would chill the protected speech of millions of retired United States service members and inflict irreparable harm upon their First Amendment freedoms."
Yet again, this is a subject I've covered in more detail previously (see, for example, here: https://t.co/Mzx3PorAJv).
For now, I'll just reiterate that @SenMarkKelly didn't MERELY say, "Our laws are clear. You can refuse illegal orders."
Of course, if that' ALL he had said, there probably wouldn't be any issue. After all, he IS right - servicemembers can, indeed must, refuse to comply with unlawful orders.
The problem is, Sen Kelly AND the rest of the "Seditious 6" didn't just stop at that "reminder." What Article VI fails to mention is that Kelly (and the rest) ALSO repeatedly claimed actual orders provided by SECWAR Hegseth were illegal.
First of all, they were all full of shit (see above, in particular, related to narcoterrorist ops). Even so, this messaging crusade of the Seditious 6 was essentially an effort to substitute their OWN judgment regarding what constitutes "lawful" orders for that of the duly appointed Secretary of War.
And although this article condemns the move by SECWAR Hegseth to recall Sen Kelly to active duty as an abuse of power that would set "a precedent that would chill the protected speech of millions of retired United States service members and inflict irreparable harm upon their First Amendment freedoms," Hegseth was merely exercising EXISTING STATUTORY AUTHORITY established in the Uniform Code of Military Justice.
That is, pursuant to Art. 2 of the UCMJ, retired servicemembers "who are entitled to pay" as Sen Kelly is, remain subject to the Code (pic 4).
So reasonable views may certainly differ whether SECWAR Hegseth's move to reinstate Sen (ret Cpt) Kelly to face court-martial was ADVISABLE. But it certainly was NOT a "high Crime or Misdemeanor" if existing law permitted such a move.
If Rep Massie doesn't like it, maybe he should introduce a motion to change THAT provision of the UCMJ - rather than wasting everyone's time with these frivolous articles of impeachment.
Article VII.
The essence of this claim is that SECWAR Hegseth used Dept of War "to carry out an unprecedented military operation—code-named ABSOLUTE RESOLVE—to capture and kidnap President Nicolás Maduro, the leader of the Bolivarian Republic of Venezuela, and his wife, Cilia Flores, from Venezuela—an act of war against a sovereign country executed under the guise of narcotics law enforcement, though in actuality intended to assert U.S. control over Venezuela’s oil reserves."
In doing so, according to this article, "Secretary Hegseth abused the powers of the Department of Defense, violated the laws and treaty obligations of the United States, and subordinated the constitutional allocation of war powers to Executive objectives neither authorized nor approved by Congress."
No need for present purposes to address the "constitutional allocation of war powers" claim - though it is rather amusing that THIS article asserts the Maduro operation was "of a nature and magnitude rising to the level of constitutional war" yet the counter-narcoterrorist boat strikes were ... not (selective outrage much?).
And, yes, this is also a topic I've addressed at length previously (see, for example, here: https://t.co/up15zRPdp3).
The MOST important point to keep in mind in relation to this allegation is that Maduro wasn't recognized as the 🇻🇪 head of state at the time of the raid that captured (er ... "kidnapped" 🤣) him. For confirmation, this is what @SecRubio said after the operation:
"Maduro is NOT the President of Venezuela and his regime is NOT the legitimate government. Maduro is the head of the Cartel de Los Soles, a narco-terror organization which has taken possession of a country. And he is under indictment for pushing drugs into the United States." (https://t.co/dspH13AhEO)
So this operation wasn't a "kidnapping" as the article claims, nor was it an "act of war against a sovereign country." Maduro wasn't the head of state & the operation didn't constitute "international relations" in accordance with the UN Charter (as I have previously analyzed at the X post presented above).
As such, once again, ordering & directing this operation doesn't constitute a "high Crime or Misdemeanor."
Article VIII.
The primary allegation here is: "Secretary Hegseth initiated and directed" hostilities in Yemen "in the absence of any of the predicates required in section 2(c) of the War Powers Resolution of 1973 for the President to introduce United States Armed Forces into hostilities."
Since the goal here is to focus on the main points rather than also addressing the less central - though still conspicuous - deficiencies inherent in the articles, I'll refrain from getting into the weeds on some of the other points.
The main point here, though, as it is with Articles I, II & III, is that the WPR has been unconstitutional from the start.
If it's unconstitutional from the start (which, it still is), then it can't establish binding obligations. And if it can't establish binding obligations (which, it still can't), then "violating" its provisions isn't a legitimate legal basis for claiming "high Crimes and Misdemeanors".
____
Ok, that's it - at least for the main points - in relation to all 8 articles of impeachment.
Each of the articles includes an assertion that SECWAR Hegseth "will remain a threat to the Constitution if allowed to remain in office," or words to that effect.
In reality, the articles of impeachment are a sham - from beginning to end. And it is Rep Massie, not Sec Hegseth, who IS a clear & present threat to the Constitution - for abusing the impeachment powers vested in Congress by distorting international AND domestic law to create the false appearance that Hegseth's conduct amounts to "high Crimes and Misdemeanors."
Thankfully, Rep Massie won't be allowed to remain in office himself since he got crushed in the primary in the great state of Kentucky.
Even so, any member of Congress who supports or votes in favor of Massie's misguided articles of impeachment is ALSO "a threat to the Constitution" - and for the same reason.
As such, any member who DOES support or vote for these articles should not be allowed to remain in office - and it will be up to their constituents to watch closely & hold them to account, where it counts, at the next election.
#ImpeachmentHoax #GoHomeMassie](https://pbs.twimg.com/media/HWvm1g-bUAAMa_L.jpg)
![BrianCox_RLTW's tweet photo. Hey Rep Massie. International law prof & retired military lawyer here. I read the articles of impeachment you filed against @SecWar today. And it's clear you don't have a clue what you're talking about.
For everyone else, read on for a detailed (though not exhaustive) analysis explaining why the allegations presented in these articles are unconvincing as a matter of law.
In case you're not familiar, the Constitution establishes the causes & procedures for impeachment. Very briefly, the House of Representatives has sole power of impeachment (Art. I, Sec. 2) & must adopt articles of impeachment by a simple majority of members present for the vote. If that occurs, the Senate then has sole power to try all impeachments (Art. I, Sec. 3) & a conviction requires an affirmative vote by 2/3 of members present for the vote.
Finally, the Constitution also establishes that civil officers (including, in this case, SECWAR) "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors" (Art. II, Sec. 2).
The focus for present purposes is on the last provision. That is, Massie must demonstrate in his articles - and a majority of the House must agree - that the allegations involving Sec. Hegseth amount to "other high Crimes and Misdemeanors." That will be the focus of this analysis, since none of the 8 articles so qualify.
The critical analysis below addresses each of the 8 articles of impeachment. Because the full document is just over 33 pages long & the current platform is an @X post, this analysis won't necessarily be comprehensive in relation any of the 8 articles. Even so, treatment of each one will be detailed enough to at least hit the most important points.
Also, it is worth noting that, as a whole, the 8 articles of impeachment merely rehash many of the same complaints & criticisms that have been directed at SECWAR over the last couple years. This means I have addressed many of the individual criticisms along the way as well. For those articles, I'll give an overview of the critical analysis & provide a link to an earlier post for additional reading.
One more point before diving in - some of the articles are fundamentally flawed for the same reasons because they involve the same topics (particularly the first 3). For those, I'll consider them together while also addressing each of the individual accusations as part of the overall analysis of the group.
With those introductory points in mind, let's carry on to (briefly) analyze each of the 8 articles of impeachment.
(For reference, the full articles of impeachment, as filed, are available here: https://t.co/qG0cUWupFh)
- Articles I, II & III.
The first 3 out of 8 Articles deal with the so-called "War Powers Resolution" adopted, over Pres Nixon's veto, in 1973. Because the WPR has been unconstitutional from the outset, each of these allegations fails to state a "high Crime or Misdemeanor" for the same reason.
Specifically::
Article 1 claims, citing 50 U.S.C. §1541(c): "Secretary Hegseth knowingly executed and implemented unlawful orders to initiate war against a foreign nation notwithstanding the absence of congressional authorization, an attack upon the United States giving rise to the national emergency contemplated by law, or an imminent threat requiring immediate defensive action, thereby substituting unlawful executive action for the constitutional and statutory judgment of Congress."
Article 2 claims, citing 50 U.S.C. § 1544(c): "Secretary Hegseth knowingly executed and sustained unlawful orders that treated the Executive Branch as possessing authority to determine when war may be commenced, how long it may be sustained, and whether Congress’ direction to terminate hostilities must be obeyed. By implementing those orders, he effectuated, in practice, the unilateral continuation of military operations against Iran despite Congress’ exclusive constitutional authority to declare war and despite Congress’ formal action directing the removal of United States Armed Forces from hostilities."
Article 3 claims, citing 50 U.S.C. § 1544(b): "Secretary Hegseth continued to direct, authorize, and sustain the use of United States Armed Forces in hostilities in the Islamic Republic of Iran after the expiration of every potentially applicable statutory period."
The foundational flaw with each of these allegations is that they're based on "obligations" the executive branch - including SECWAR Hegseth - is not ACTUALLY required to recognize or implement.
And that's because the War Powers Resolution was unconstitutional when it was initially adopted in 1973 & it remains unconstitutional - for the same reasons - still today.
This is a topic I've addressed fairly comprehensively before, so I won't do so here. The short explanation, though, regarding why the WPR has always been unconstitutional is that it purports to expand Congress's authority to declare war (Art. I, Sec. 8) to include all situations of "hostilities."
The problem with THAT is that not all "hostilities" amount to "war." And just because Congress has authority to DECLARE "war" doesn't mean it can prohibit the executive from exercising Art. II, Sec. 2 commander-in-chief authority to order @DeptofWar troops to engage in "hostilities".
(for additional reading on this topic, see here: https://t.co/KS6wUsp5eg)
Of course, this isn't JUST my analysis. In fact, every @POTUS since the WPR was adopted in 1973 has determined that resolution is unconstitutional (pic 1), essentially for the reason I outlined above.
Likewise, historical practice supports the executive's (and my) assessment. As a separate Congressional Research Service report indicates, "there have been hundreds of instances" since 1798 "when the United States has used its Armed Forces in situations of military conflict or potential conflict or for other than normal peacetime purposes." Of these HUNDREDS of instances, there have ONLY been 11 formal declarations of war, and these "encompassed five separate wars" (pic 2) (pic 3 also shows a sampling of these from 1798 to 1825, only one of which - the War of 1812 - involved a formal declaration of war).
So, either ALL of these HUNDREDS of examples of "hostilities" that weren't "authorized" by a formal declaration of war were ALSO illegal, OR the War Powers Resolution of 1973 - which purports to expand Congress's authority to "declare war" to cover ALL "hostilities" as well - is unconstitutional.
I don't know about you, but that seems to be fairly adequate evidence indicating that the WPR is, in fact, unconstitutional. And if it IS (which, it is), then it isn't capable of establishing binding obligations with which the executive MUST comply.
And if THAT is the case (which, it also is), then Rep Massie's claim that SECWAR Hegseth committed "other Crimes and Misdemeanors" by failing to comply with various (nonexistent) obligations is, in a word, bogus.
- Article IV.
The basis for the next article is a claim that: "Secretary Hegseth willfully and systemically refused to comply with laws and directives mandated for the protection of civilians during the commission of armed conflict, chilled and rendered ineffective such components to prevent and mitigate harm to civilians, and therefore, foreseeably effected the death and injury of over 200 civilians [referring to the attack reportedly directed against an elementary school in Minab, Iran], to the manifest injury of the United States."
Tbh nearly every line of this article misrepresents various aspects of international AND domestic law in such an egregious manner that I'm tempted to do a deep-dive on just Article IV. Maybe there will be an opportunity to do so at some point in the future.
For now, I'll just focus on the core of this allegation: that SECWAR Hegseth failed to comply with legal "obligations" involving civilian harm mitigation & reduction (CHMR). This is a topic I have previously addressed in more detail here: https://t.co/8G2eaBk4Lm
The MAIN point to address here is that Congress doesn't possess the constitutional authority to FORCE DoW to implement specific CHMR practices. Congress can appropriate funds for such practices (Art. I, Sec. 8, Cl. 12). And Congress can "make Rules for the Government and Regulation of the land and naval Forces" (Art. I, Sec. 8, Cl. 14).
But POTUS is appointed as commander-in-chief of the military (Art. II, Sec. 2, Cl. 1). And practices related to civilian harm mitigation & reduction are strictly within the purview of CiC authority since they don't involve making rules for the armed forces (that authority is exercised by adopting the Uniform Code of Military Justice ... more about the UCMJ below).
There are SO many other deficiencies in Article IV that demonstrate why the CMHR initiative has been flawed since @SecDefAustin & @JoeBiden initially implemented the program & that fundamentally misrepresent #LOAC obligations + command responsibility & so on.
For present purposes, though, Art. IV fails to state a "high Crime or Misdemeanor" primarily because SEC WAR Hegseth has NO "obligation" to implement "laws and directives mandated" BY CONGRESS "for the protection of civilians during the commission of armed conflict" since CONGRESS exceeded its Art. I authority - at the expense of legitimate Art. II CiC authority - by purporting to "mandate" executive compliance in the first place.
- Article V.
The essential basis for the next allegation is: "Secretary Hegseth abused the authority and trust vested in him as Secretary of Defense not only by directing the unlawful use of lethal military force, resulting in the summary execution of at least 243 persons in international waters, but also by using his office to compel members of the Armed Forces to carry out such operations under false legal authorities that he caused to be constructed and imposed upon the chain of command."
This claim is centered on the campaign of attacks directed against suspected narcoterrorists in international waters.
Once again, this is a topic I've covered at length before (for example, here: https://t.co/qANP4g2tiB).
The MAIN problem here (out of many) is the assertion that: "By subjecting persons merely suspected of criminal conduct to lethal military force without judicial process, without congressional authorization, and without establishing a lawful basis for treating such persons or vessels as military targets, Secretary Hegseth arrogated to himself and the Executive Branch the roles of judge, jury, and executioner and asserted a unilateral power to determine who may live and who may die."
Of course, the "without congressional authorization" element returns us to the analysis from the WPR articles involving the concurrent constitutional powers to "declare war" (Congress) AND engage in "hostilities" (POTUS).
Even so, the assertion that suspected narcoterrorists operating drug boats on the High Seas are MERELY "suspected of criminal conduct" is a gross misrepresentation of international law involving the resort to force (jus ad bellum) & domestic implementation thereof.
See, this article explicitly acknowledges that an interagency task force developed a classified memo that presented "a legal basis for such strikes" by determining that the "United States is engaged in a noninternational armed conflict (NIAC) with 24 Latin American Designated Terrorist Organizations."
Whether one disagrees with this determination or not, the EXECUTIVE BRANCH HAS THE AUTHORITY TO DO SO. And when it DID determine the existence of a noninternational armed conflict against drug cartels, by definition the adversary was no longer merely "suspected of criminal conduct."
Yes, trafficking narcotics IS criminal conduct. But saying it is ONLY criminal conduct would be like claiming al-Qaeda operatives are "only" criminals since they're engaged in activity that is against the law.
A drug dealer at home is a criminal. A narcotics trafficker on the High Seas that ISN'T part of a group the government has determined to be an adversarial belligerent in a (noninternational) armed conflict is ALSO a criminal.
But a narcotrafficker on the High Seas that IS part of a group the government has determined to be an adversarial belligerent is a criminal AND a civilian taking direct part in hostilities (DPH).
And what do we do with civilians DPH? Sure, we can detain them - but we can ALSO make them the object of attack pursuant to LOAC. That's what DoW did, that's what SECWAR Hegseth directed, and none of it constitutes a "high Crime or Misdemeanor".
Article VI.
The crux of the allegation here is: Using the powers of his office, Secretary Hegseth retaliated against and sought to intimidate United States Senator Mark Kelly for his statement through a scheme or course of conduct intended to interfere with Congress’ constitutional authority to oversee the Executive Branch, grossly expand Article II powers at the expense of both the Legislative and Judicial Branches of government, and establish a precedent that would chill the protected speech of millions of retired United States service members and inflict irreparable harm upon their First Amendment freedoms."
Yet again, this is a subject I've covered in more detail previously (see, for example, here: https://t.co/Mzx3PorAJv).
For now, I'll just reiterate that @SenMarkKelly didn't MERELY say, "Our laws are clear. You can refuse illegal orders."
Of course, if that' ALL he had said, there probably wouldn't be any issue. After all, he IS right - servicemembers can, indeed must, refuse to comply with unlawful orders.
The problem is, Sen Kelly AND the rest of the "Seditious 6" didn't just stop at that "reminder." What Article VI fails to mention is that Kelly (and the rest) ALSO repeatedly claimed actual orders provided by SECWAR Hegseth were illegal.
First of all, they were all full of shit (see above, in particular, related to narcoterrorist ops). Even so, this messaging crusade of the Seditious 6 was essentially an effort to substitute their OWN judgment regarding what constitutes "lawful" orders for that of the duly appointed Secretary of War.
And although this article condemns the move by SECWAR Hegseth to recall Sen Kelly to active duty as an abuse of power that would set "a precedent that would chill the protected speech of millions of retired United States service members and inflict irreparable harm upon their First Amendment freedoms," Hegseth was merely exercising EXISTING STATUTORY AUTHORITY established in the Uniform Code of Military Justice.
That is, pursuant to Art. 2 of the UCMJ, retired servicemembers "who are entitled to pay" as Sen Kelly is, remain subject to the Code (pic 4).
So reasonable views may certainly differ whether SECWAR Hegseth's move to reinstate Sen (ret Cpt) Kelly to face court-martial was ADVISABLE. But it certainly was NOT a "high Crime or Misdemeanor" if existing law permitted such a move.
If Rep Massie doesn't like it, maybe he should introduce a motion to change THAT provision of the UCMJ - rather than wasting everyone's time with these frivolous articles of impeachment.
Article VII.
The essence of this claim is that SECWAR Hegseth used Dept of War "to carry out an unprecedented military operation—code-named ABSOLUTE RESOLVE—to capture and kidnap President Nicolás Maduro, the leader of the Bolivarian Republic of Venezuela, and his wife, Cilia Flores, from Venezuela—an act of war against a sovereign country executed under the guise of narcotics law enforcement, though in actuality intended to assert U.S. control over Venezuela’s oil reserves."
In doing so, according to this article, "Secretary Hegseth abused the powers of the Department of Defense, violated the laws and treaty obligations of the United States, and subordinated the constitutional allocation of war powers to Executive objectives neither authorized nor approved by Congress."
No need for present purposes to address the "constitutional allocation of war powers" claim - though it is rather amusing that THIS article asserts the Maduro operation was "of a nature and magnitude rising to the level of constitutional war" yet the counter-narcoterrorist boat strikes were ... not (selective outrage much?).
And, yes, this is also a topic I've addressed at length previously (see, for example, here: https://t.co/up15zRPdp3).
The MOST important point to keep in mind in relation to this allegation is that Maduro wasn't recognized as the 🇻🇪 head of state at the time of the raid that captured (er ... "kidnapped" 🤣) him. For confirmation, this is what @SecRubio said after the operation:
"Maduro is NOT the President of Venezuela and his regime is NOT the legitimate government. Maduro is the head of the Cartel de Los Soles, a narco-terror organization which has taken possession of a country. And he is under indictment for pushing drugs into the United States." (https://t.co/dspH13AhEO)
So this operation wasn't a "kidnapping" as the article claims, nor was it an "act of war against a sovereign country." Maduro wasn't the head of state & the operation didn't constitute "international relations" in accordance with the UN Charter (as I have previously analyzed at the X post presented above).
As such, once again, ordering & directing this operation doesn't constitute a "high Crime or Misdemeanor."
Article VIII.
The primary allegation here is: "Secretary Hegseth initiated and directed" hostilities in Yemen "in the absence of any of the predicates required in section 2(c) of the War Powers Resolution of 1973 for the President to introduce United States Armed Forces into hostilities."
Since the goal here is to focus on the main points rather than also addressing the less central - though still conspicuous - deficiencies inherent in the articles, I'll refrain from getting into the weeds on some of the other points.
The main point here, though, as it is with Articles I, II & III, is that the WPR has been unconstitutional from the start.
If it's unconstitutional from the start (which, it still is), then it can't establish binding obligations. And if it can't establish binding obligations (which, it still can't), then "violating" its provisions isn't a legitimate legal basis for claiming "high Crimes and Misdemeanors".
____
Ok, that's it - at least for the main points - in relation to all 8 articles of impeachment.
Each of the articles includes an assertion that SECWAR Hegseth "will remain a threat to the Constitution if allowed to remain in office," or words to that effect.
In reality, the articles of impeachment are a sham - from beginning to end. And it is Rep Massie, not Sec Hegseth, who IS a clear & present threat to the Constitution - for abusing the impeachment powers vested in Congress by distorting international AND domestic law to create the false appearance that Hegseth's conduct amounts to "high Crimes and Misdemeanors."
Thankfully, Rep Massie won't be allowed to remain in office himself since he got crushed in the primary in the great state of Kentucky.
Even so, any member of Congress who supports or votes in favor of Massie's misguided articles of impeachment is ALSO "a threat to the Constitution" - and for the same reason.
As such, any member who DOES support or vote for these articles should not be allowed to remain in office - and it will be up to their constituents to watch closely & hold them to account, where it counts, at the next election.
#ImpeachmentHoax #GoHomeMassie](https://pbs.twimg.com/media/HWvm0EJawAAA1tl.jpg)
![BrianCox_RLTW's tweet photo. Hey Rep Massie. International law prof & retired military lawyer here. I read the articles of impeachment you filed against @SecWar today. And it's clear you don't have a clue what you're talking about.
For everyone else, read on for a detailed (though not exhaustive) analysis explaining why the allegations presented in these articles are unconvincing as a matter of law.
In case you're not familiar, the Constitution establishes the causes & procedures for impeachment. Very briefly, the House of Representatives has sole power of impeachment (Art. I, Sec. 2) & must adopt articles of impeachment by a simple majority of members present for the vote. If that occurs, the Senate then has sole power to try all impeachments (Art. I, Sec. 3) & a conviction requires an affirmative vote by 2/3 of members present for the vote.
Finally, the Constitution also establishes that civil officers (including, in this case, SECWAR) "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors" (Art. II, Sec. 2).
The focus for present purposes is on the last provision. That is, Massie must demonstrate in his articles - and a majority of the House must agree - that the allegations involving Sec. Hegseth amount to "other high Crimes and Misdemeanors." That will be the focus of this analysis, since none of the 8 articles so qualify.
The critical analysis below addresses each of the 8 articles of impeachment. Because the full document is just over 33 pages long & the current platform is an @X post, this analysis won't necessarily be comprehensive in relation any of the 8 articles. Even so, treatment of each one will be detailed enough to at least hit the most important points.
Also, it is worth noting that, as a whole, the 8 articles of impeachment merely rehash many of the same complaints & criticisms that have been directed at SECWAR over the last couple years. This means I have addressed many of the individual criticisms along the way as well. For those articles, I'll give an overview of the critical analysis & provide a link to an earlier post for additional reading.
One more point before diving in - some of the articles are fundamentally flawed for the same reasons because they involve the same topics (particularly the first 3). For those, I'll consider them together while also addressing each of the individual accusations as part of the overall analysis of the group.
With those introductory points in mind, let's carry on to (briefly) analyze each of the 8 articles of impeachment.
(For reference, the full articles of impeachment, as filed, are available here: https://t.co/qG0cUWupFh)
- Articles I, II & III.
The first 3 out of 8 Articles deal with the so-called "War Powers Resolution" adopted, over Pres Nixon's veto, in 1973. Because the WPR has been unconstitutional from the outset, each of these allegations fails to state a "high Crime or Misdemeanor" for the same reason.
Specifically::
Article 1 claims, citing 50 U.S.C. §1541(c): "Secretary Hegseth knowingly executed and implemented unlawful orders to initiate war against a foreign nation notwithstanding the absence of congressional authorization, an attack upon the United States giving rise to the national emergency contemplated by law, or an imminent threat requiring immediate defensive action, thereby substituting unlawful executive action for the constitutional and statutory judgment of Congress."
Article 2 claims, citing 50 U.S.C. § 1544(c): "Secretary Hegseth knowingly executed and sustained unlawful orders that treated the Executive Branch as possessing authority to determine when war may be commenced, how long it may be sustained, and whether Congress’ direction to terminate hostilities must be obeyed. By implementing those orders, he effectuated, in practice, the unilateral continuation of military operations against Iran despite Congress’ exclusive constitutional authority to declare war and despite Congress’ formal action directing the removal of United States Armed Forces from hostilities."
Article 3 claims, citing 50 U.S.C. § 1544(b): "Secretary Hegseth continued to direct, authorize, and sustain the use of United States Armed Forces in hostilities in the Islamic Republic of Iran after the expiration of every potentially applicable statutory period."
The foundational flaw with each of these allegations is that they're based on "obligations" the executive branch - including SECWAR Hegseth - is not ACTUALLY required to recognize or implement.
And that's because the War Powers Resolution was unconstitutional when it was initially adopted in 1973 & it remains unconstitutional - for the same reasons - still today.
This is a topic I've addressed fairly comprehensively before, so I won't do so here. The short explanation, though, regarding why the WPR has always been unconstitutional is that it purports to expand Congress's authority to declare war (Art. I, Sec. 8) to include all situations of "hostilities."
The problem with THAT is that not all "hostilities" amount to "war." And just because Congress has authority to DECLARE "war" doesn't mean it can prohibit the executive from exercising Art. II, Sec. 2 commander-in-chief authority to order @DeptofWar troops to engage in "hostilities".
(for additional reading on this topic, see here: https://t.co/KS6wUsp5eg)
Of course, this isn't JUST my analysis. In fact, every @POTUS since the WPR was adopted in 1973 has determined that resolution is unconstitutional (pic 1), essentially for the reason I outlined above.
Likewise, historical practice supports the executive's (and my) assessment. As a separate Congressional Research Service report indicates, "there have been hundreds of instances" since 1798 "when the United States has used its Armed Forces in situations of military conflict or potential conflict or for other than normal peacetime purposes." Of these HUNDREDS of instances, there have ONLY been 11 formal declarations of war, and these "encompassed five separate wars" (pic 2) (pic 3 also shows a sampling of these from 1798 to 1825, only one of which - the War of 1812 - involved a formal declaration of war).
So, either ALL of these HUNDREDS of examples of "hostilities" that weren't "authorized" by a formal declaration of war were ALSO illegal, OR the War Powers Resolution of 1973 - which purports to expand Congress's authority to "declare war" to cover ALL "hostilities" as well - is unconstitutional.
I don't know about you, but that seems to be fairly adequate evidence indicating that the WPR is, in fact, unconstitutional. And if it IS (which, it is), then it isn't capable of establishing binding obligations with which the executive MUST comply.
And if THAT is the case (which, it also is), then Rep Massie's claim that SECWAR Hegseth committed "other Crimes and Misdemeanors" by failing to comply with various (nonexistent) obligations is, in a word, bogus.
- Article IV.
The basis for the next article is a claim that: "Secretary Hegseth willfully and systemically refused to comply with laws and directives mandated for the protection of civilians during the commission of armed conflict, chilled and rendered ineffective such components to prevent and mitigate harm to civilians, and therefore, foreseeably effected the death and injury of over 200 civilians [referring to the attack reportedly directed against an elementary school in Minab, Iran], to the manifest injury of the United States."
Tbh nearly every line of this article misrepresents various aspects of international AND domestic law in such an egregious manner that I'm tempted to do a deep-dive on just Article IV. Maybe there will be an opportunity to do so at some point in the future.
For now, I'll just focus on the core of this allegation: that SECWAR Hegseth failed to comply with legal "obligations" involving civilian harm mitigation & reduction (CHMR). This is a topic I have previously addressed in more detail here: https://t.co/8G2eaBk4Lm
The MAIN point to address here is that Congress doesn't possess the constitutional authority to FORCE DoW to implement specific CHMR practices. Congress can appropriate funds for such practices (Art. I, Sec. 8, Cl. 12). And Congress can "make Rules for the Government and Regulation of the land and naval Forces" (Art. I, Sec. 8, Cl. 14).
But POTUS is appointed as commander-in-chief of the military (Art. II, Sec. 2, Cl. 1). And practices related to civilian harm mitigation & reduction are strictly within the purview of CiC authority since they don't involve making rules for the armed forces (that authority is exercised by adopting the Uniform Code of Military Justice ... more about the UCMJ below).
There are SO many other deficiencies in Article IV that demonstrate why the CMHR initiative has been flawed since @SecDefAustin & @JoeBiden initially implemented the program & that fundamentally misrepresent #LOAC obligations + command responsibility & so on.
For present purposes, though, Art. IV fails to state a "high Crime or Misdemeanor" primarily because SEC WAR Hegseth has NO "obligation" to implement "laws and directives mandated" BY CONGRESS "for the protection of civilians during the commission of armed conflict" since CONGRESS exceeded its Art. I authority - at the expense of legitimate Art. II CiC authority - by purporting to "mandate" executive compliance in the first place.
- Article V.
The essential basis for the next allegation is: "Secretary Hegseth abused the authority and trust vested in him as Secretary of Defense not only by directing the unlawful use of lethal military force, resulting in the summary execution of at least 243 persons in international waters, but also by using his office to compel members of the Armed Forces to carry out such operations under false legal authorities that he caused to be constructed and imposed upon the chain of command."
This claim is centered on the campaign of attacks directed against suspected narcoterrorists in international waters.
Once again, this is a topic I've covered at length before (for example, here: https://t.co/qANP4g2tiB).
The MAIN problem here (out of many) is the assertion that: "By subjecting persons merely suspected of criminal conduct to lethal military force without judicial process, without congressional authorization, and without establishing a lawful basis for treating such persons or vessels as military targets, Secretary Hegseth arrogated to himself and the Executive Branch the roles of judge, jury, and executioner and asserted a unilateral power to determine who may live and who may die."
Of course, the "without congressional authorization" element returns us to the analysis from the WPR articles involving the concurrent constitutional powers to "declare war" (Congress) AND engage in "hostilities" (POTUS).
Even so, the assertion that suspected narcoterrorists operating drug boats on the High Seas are MERELY "suspected of criminal conduct" is a gross misrepresentation of international law involving the resort to force (jus ad bellum) & domestic implementation thereof.
See, this article explicitly acknowledges that an interagency task force developed a classified memo that presented "a legal basis for such strikes" by determining that the "United States is engaged in a noninternational armed conflict (NIAC) with 24 Latin American Designated Terrorist Organizations."
Whether one disagrees with this determination or not, the EXECUTIVE BRANCH HAS THE AUTHORITY TO DO SO. And when it DID determine the existence of a noninternational armed conflict against drug cartels, by definition the adversary was no longer merely "suspected of criminal conduct."
Yes, trafficking narcotics IS criminal conduct. But saying it is ONLY criminal conduct would be like claiming al-Qaeda operatives are "only" criminals since they're engaged in activity that is against the law.
A drug dealer at home is a criminal. A narcotics trafficker on the High Seas that ISN'T part of a group the government has determined to be an adversarial belligerent in a (noninternational) armed conflict is ALSO a criminal.
But a narcotrafficker on the High Seas that IS part of a group the government has determined to be an adversarial belligerent is a criminal AND a civilian taking direct part in hostilities (DPH).
And what do we do with civilians DPH? Sure, we can detain them - but we can ALSO make them the object of attack pursuant to LOAC. That's what DoW did, that's what SECWAR Hegseth directed, and none of it constitutes a "high Crime or Misdemeanor".
Article VI.
The crux of the allegation here is: Using the powers of his office, Secretary Hegseth retaliated against and sought to intimidate United States Senator Mark Kelly for his statement through a scheme or course of conduct intended to interfere with Congress’ constitutional authority to oversee the Executive Branch, grossly expand Article II powers at the expense of both the Legislative and Judicial Branches of government, and establish a precedent that would chill the protected speech of millions of retired United States service members and inflict irreparable harm upon their First Amendment freedoms."
Yet again, this is a subject I've covered in more detail previously (see, for example, here: https://t.co/Mzx3PorAJv).
For now, I'll just reiterate that @SenMarkKelly didn't MERELY say, "Our laws are clear. You can refuse illegal orders."
Of course, if that' ALL he had said, there probably wouldn't be any issue. After all, he IS right - servicemembers can, indeed must, refuse to comply with unlawful orders.
The problem is, Sen Kelly AND the rest of the "Seditious 6" didn't just stop at that "reminder." What Article VI fails to mention is that Kelly (and the rest) ALSO repeatedly claimed actual orders provided by SECWAR Hegseth were illegal.
First of all, they were all full of shit (see above, in particular, related to narcoterrorist ops). Even so, this messaging crusade of the Seditious 6 was essentially an effort to substitute their OWN judgment regarding what constitutes "lawful" orders for that of the duly appointed Secretary of War.
And although this article condemns the move by SECWAR Hegseth to recall Sen Kelly to active duty as an abuse of power that would set "a precedent that would chill the protected speech of millions of retired United States service members and inflict irreparable harm upon their First Amendment freedoms," Hegseth was merely exercising EXISTING STATUTORY AUTHORITY established in the Uniform Code of Military Justice.
That is, pursuant to Art. 2 of the UCMJ, retired servicemembers "who are entitled to pay" as Sen Kelly is, remain subject to the Code (pic 4).
So reasonable views may certainly differ whether SECWAR Hegseth's move to reinstate Sen (ret Cpt) Kelly to face court-martial was ADVISABLE. But it certainly was NOT a "high Crime or Misdemeanor" if existing law permitted such a move.
If Rep Massie doesn't like it, maybe he should introduce a motion to change THAT provision of the UCMJ - rather than wasting everyone's time with these frivolous articles of impeachment.
Article VII.
The essence of this claim is that SECWAR Hegseth used Dept of War "to carry out an unprecedented military operation—code-named ABSOLUTE RESOLVE—to capture and kidnap President Nicolás Maduro, the leader of the Bolivarian Republic of Venezuela, and his wife, Cilia Flores, from Venezuela—an act of war against a sovereign country executed under the guise of narcotics law enforcement, though in actuality intended to assert U.S. control over Venezuela’s oil reserves."
In doing so, according to this article, "Secretary Hegseth abused the powers of the Department of Defense, violated the laws and treaty obligations of the United States, and subordinated the constitutional allocation of war powers to Executive objectives neither authorized nor approved by Congress."
No need for present purposes to address the "constitutional allocation of war powers" claim - though it is rather amusing that THIS article asserts the Maduro operation was "of a nature and magnitude rising to the level of constitutional war" yet the counter-narcoterrorist boat strikes were ... not (selective outrage much?).
And, yes, this is also a topic I've addressed at length previously (see, for example, here: https://t.co/up15zRPdp3).
The MOST important point to keep in mind in relation to this allegation is that Maduro wasn't recognized as the 🇻🇪 head of state at the time of the raid that captured (er ... "kidnapped" 🤣) him. For confirmation, this is what @SecRubio said after the operation:
"Maduro is NOT the President of Venezuela and his regime is NOT the legitimate government. Maduro is the head of the Cartel de Los Soles, a narco-terror organization which has taken possession of a country. And he is under indictment for pushing drugs into the United States." (https://t.co/dspH13AhEO)
So this operation wasn't a "kidnapping" as the article claims, nor was it an "act of war against a sovereign country." Maduro wasn't the head of state & the operation didn't constitute "international relations" in accordance with the UN Charter (as I have previously analyzed at the X post presented above).
As such, once again, ordering & directing this operation doesn't constitute a "high Crime or Misdemeanor."
Article VIII.
The primary allegation here is: "Secretary Hegseth initiated and directed" hostilities in Yemen "in the absence of any of the predicates required in section 2(c) of the War Powers Resolution of 1973 for the President to introduce United States Armed Forces into hostilities."
Since the goal here is to focus on the main points rather than also addressing the less central - though still conspicuous - deficiencies inherent in the articles, I'll refrain from getting into the weeds on some of the other points.
The main point here, though, as it is with Articles I, II & III, is that the WPR has been unconstitutional from the start.
If it's unconstitutional from the start (which, it still is), then it can't establish binding obligations. And if it can't establish binding obligations (which, it still can't), then "violating" its provisions isn't a legitimate legal basis for claiming "high Crimes and Misdemeanors".
____
Ok, that's it - at least for the main points - in relation to all 8 articles of impeachment.
Each of the articles includes an assertion that SECWAR Hegseth "will remain a threat to the Constitution if allowed to remain in office," or words to that effect.
In reality, the articles of impeachment are a sham - from beginning to end. And it is Rep Massie, not Sec Hegseth, who IS a clear & present threat to the Constitution - for abusing the impeachment powers vested in Congress by distorting international AND domestic law to create the false appearance that Hegseth's conduct amounts to "high Crimes and Misdemeanors."
Thankfully, Rep Massie won't be allowed to remain in office himself since he got crushed in the primary in the great state of Kentucky.
Even so, any member of Congress who supports or votes in favor of Massie's misguided articles of impeachment is ALSO "a threat to the Constitution" - and for the same reason.
As such, any member who DOES support or vote for these articles should not be allowed to remain in office - and it will be up to their constituents to watch closely & hold them to account, where it counts, at the next election.
#ImpeachmentHoax #GoHomeMassie](https://pbs.twimg.com/media/HWvmyaab0AA-KcJ.jpg)
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Here is the full list of ‘New valid voter registrations’ done nationwide between 2022-2024 WITHOUT ID
🚨 The total number of new voter registrations WITHOUT ID in 43 states is 24,662,998
California: 4,308,269
Texas: 2,900,357
North Carolina: 1,410,905
Florida: 1,337,303
Ohio: 1,198,459
Illinois: 981,482
Pennsylvania: 842,187
Georgia: 757,440
New York: 680,259
Tennessee: 634,912
Michigan: 604,606
South Carolina: 594,568
Alabama: 572,632
Virginia: 563,781
Maryland: 524,189
Colorado: 498,308
Washington: 473,192
Minnesota: 471,657
Massachusetts: 465,616
Missouri: 460,197
New Jersey: 425,782
Oklahoma: 388,669
Connecticut: 386,014
Indiana: 357,741
Mississippi: 344,991
Louisiana: 263,705
Arkansas: 246,974
Oregon: 240,611
Kentucky: 220,093
Kansas: 218,739
Idaho: 181,741
Nebraska: 164,491
Nevada: 145,494
New Mexico: 118,141
Iowa: 116,644
Maine: 106,978
Vermont: 81,993
Montana: 78,669
Delaware: 71,902
Hawaii: 64,468
West Virginia: 53,343
Rhode Island: 53,040
Alaska: 52,456
States: 43
Total new valid registrations without ID: 24,662,998
This is extremely suspicious since Democrats somehow materialized 20 million new voters….
It’s almost like they stacked the voter rolls with tens of millions of new voter registrations without ID or proof of citizenship and then used electronic voting machine algorithms to rig the results…..
When Muslim Turks entered Constantinople, they rushed across the City toward the Great Church of Hagia Sophia looking for Christians.
Terrified Greek Christians fled into the churches, some hoping the Turks would respect sanctuary, others believing a prophecy that the enemy would be stopped at the Column of Constantine by an angel who would deliver the city and drive the Turks from the West.
Within an hour of the Turks’ entry the Hagia Sophia was packed with people who thought they were safe. They only made their capture easier.
The first Turks to arrive broke down the doors. Critobulus says the crowd was taken as in a drag-net. Refugees were tied or chained together. Some were dragged to the ships, others to the camp. The loot was treated the same way.
Inside the Hagia Sophia the Turks fought each other for the most beautiful women. Daughters of Byzantine noble families raised in luxury, nuns who had lived secluded from the world, were seized and subjected to violence. Their clothes were torn from them by men who refused to give up their prizes. Masters and mistresses were bound to their servants. Church dignitaries were chained to the lowest menials.
The captors drove their flocks of victims before them, lodged them under guard, and hurried back for more. Ropes, ribbons, and handkerchiefs were used to bind them. Sacred icons were torn down and burned. Altar cloths, chalices, chandeliers, carpets, and ornaments, everything valuable and portable, were carried off.
Historian Phrantzes called "the desecration of the Temple of Holy Wisdom, the Earthly Heaven and Throne of the Glory of God, the greatest misfortune of all". The other churches were plundered in the same way. Richly embroidered robes, gold-woven chasubles set with pearls and precious stones, and church furniture were seized. Ornaments were ripped off and the rest thrown aside. A crucifix was carried in mock procession topped with a Janissary’s cap.
Historian Critobulus records that holy books, works of philosophy, and treatises on the sciences were thrown into the fire, trampled underfoot, or sold in mockery for two or three pence or even farthings. Historian Ducas says the Turkish ships carried an innumerable quantity of books. For a small coin ten volumes of Plato, Aristotle, and theology could be bought.
Christian and Muslim writers agree the sack lasted three days, as Mehmed had promised. Khodja Sad-ud-din affirms that the soldiers of Islam acted according to the precept "Slaughter their aged and capture their youth." For three days and nights, with imperial permission, there was general sack. The Mohammedans seized the spoil and the damsels beautiful as houris.
Leonard states that sixty thousand captives were bound together for distribution. Critobulus, writing years later, estimated that four thousand Greeks and Italians were killed during the siege and after the capture, that five hundred of the army and upwards of fifty thousand of the rest of the population were reduced to slavery.
After the conquest, Mehmet recognised that Constantinople needed to be repeopled.
He ordered five thousand families to be sent from the provinces to the capital and commanded the repair of the walls.
Ducas states that the five thousand Greek families sent from Trebizond, Sinope, and Asprocastron under pain of death included masons and lime-burners for repairing the walls.
To attract population, Mehmet understood that he needed to conciliate the Greeks.
A few days after the conquest Mehmet ordered the captives who formed part of his own share of the booty to be established in houses on the slope toward the Golden Horn. From among the noble families he selected the young men for himself. Some he placed in the corps of Janissaries. Others, distinguished by their education, he kept near him as pages.
Mehmet published an edict within a few weeks of the capture that all former inhabitants who had paid ransom, or who were ready to enter into an agreement with their masters to pay it within a fixed period, should be considered free, allowed to live in the city, and for a time exempt from taxes. Phrantzes states that even on the third day after the capture an order was issued allowing those who had fled and were in hiding to return, promising they should not be molested. On the question whether they would still have to pay ransom, Phrantzes is silent.
A few weeks later, after his visit to Adrianople, Mehmet sent orders to various parts of his empire to despatch families of Christians, Jews, and Turks to repeople the city. He tried to allure Greeks and other workmen by employing them on public works, notably the construction of a palace, for which, Critobulus says, he had chosen the most beautiful site in the city, at Seraglio Point, the construction of the fortress of the Seven Towers around the Golden Gate, and the repairs of the Inner Wall. He ordered the Turks to allow their slaves to take part in this work so that they might earn money not only to live but to save enough for their ransom.
If you want to support me in the effort I’m making, please consider becoming a subscriber to my X account for only $2. I write about the ancient, medieval, and modern history of Greece and what Christians went through because of Islam. Always with primary sources and historical facts. Thanks for reading me and for all the support.
- Homer Pavlos
ARIZONA election worker comes forward with allegations of ELECTION FRAUD exposing that 153,404 ballots were sent to adjudication with 54.7% flagged as overvotes, which is an extremely high number.
An inside Maricopa County ballot adjudicator claims she witnessed GOP votes for Andy Biggs systematically tossed as "overvotes," which gave the 2026 Arizona governor's race to Katie Hobbs.
The number of ballots flagged and adjudicated from Nov. 1-6 is extremely alarming.
- 153,404 ballots sent to adjudication.
- 54.70% flagged as overvotes.
- 27.82% ambiguous, 17.27% write-in.
Journalist Rachel Alexander, a former Maricopa elections attorney, was contacted by the election worker about the ongoing anomalies.
The Arizona ballot adjudicator claims she witnessed
Republican ballots marked for Biggs & Hobbs, with an X through the Biggs oval, which were then treated as overvotes.
Adjudicators then strip the Biggs vote, reading the X as not what the voter intended to mark as their selection, which then awarded it to Hobbs.
Dual marks for Biggs plus Lombardo create overvotes where neither vote counts, cancelling them both out. This same pattern was appearing on Prop 144 and other races.
The election worker also noted that the ballots weren't stored in a secure location and were just in a hallway out in the open.
Maricopa County officials have not yet commented as these are new allegations being looked into, and 100% should be looked into, immediately.
The amount of flagged overvotes and adjudicated ballots in this race should tell you everything you need to know.
Americans need a reminder of the brutality of Islam
Not that long ago, in 2015 Muslims walked out 21 Christian men they captured onto a beach. They filmed a video declaring this was a warning to Christians and decapitated them all
This is what we are inviting into your country
Again, this is not something that happened in the ancient world, or way in the past. This was in 2015, this is happening right now to Christians in modern day by Muslims
What do you thinks going to happen when they gain majority and take over our government
The men were forced to wear orange jumpsuits, their hands were bound, they were marched along the shore, forced to kneel, and then beheaded
Their final words were “Lord Jesus”
We need mass deportations of Muslims from America
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Hey Rep Massie. International law prof & retired military lawyer here. I read the articles of impeachment you filed against @SecWar today. And it's clear you don't have a clue what you're talking about.
For everyone else, read on for a detailed (though not exhaustive) analysis explaining why the allegations presented in these articles are unconvincing as a matter of law.
In case you're not familiar, the Constitution establishes the causes & procedures for impeachment. Very briefly, the House of Representatives has sole power of impeachment (Art. I, Sec. 2) & must adopt articles of impeachment by a simple majority of members present for the vote. If that occurs, the Senate then has sole power to try all impeachments (Art. I, Sec. 3) & a conviction requires an affirmative vote by 2/3 of members present for the vote.
Finally, the Constitution also establishes that civil officers (including, in this case, SECWAR) "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors" (Art. II, Sec. 2).
The focus for present purposes is on the last provision. That is, Massie must demonstrate in his articles - and a majority of the House must agree - that the allegations involving Sec. Hegseth amount to "other high Crimes and Misdemeanors." That will be the focus of this analysis, since none of the 8 articles so qualify.
The critical analysis below addresses each of the 8 articles of impeachment. Because the full document is just over 33 pages long & the current platform is an @X post, this analysis won't necessarily be comprehensive in relation any of the 8 articles. Even so, treatment of each one will be detailed enough to at least hit the most important points.
Also, it is worth noting that, as a whole, the 8 articles of impeachment merely rehash many of the same complaints & criticisms that have been directed at SECWAR over the last couple years. This means I have addressed many of the individual criticisms along the way as well. For those articles, I'll give an overview of the critical analysis & provide a link to an earlier post for additional reading.
One more point before diving in - some of the articles are fundamentally flawed for the same reasons because they involve the same topics (particularly the first 3). For those, I'll consider them together while also addressing each of the individual accusations as part of the overall analysis of the group.
With those introductory points in mind, let's carry on to (briefly) analyze each of the 8 articles of impeachment.
(For reference, the full articles of impeachment, as filed, are available here: https://t.co/qG0cUWupFh)
- Articles I, II & III.
The first 3 out of 8 Articles deal with the so-called "War Powers Resolution" adopted, over Pres Nixon's veto, in 1973. Because the WPR has been unconstitutional from the outset, each of these allegations fails to state a "high Crime or Misdemeanor" for the same reason.
Specifically::
Article 1 claims, citing 50 U.S.C. §1541(c): "Secretary Hegseth knowingly executed and implemented unlawful orders to initiate war against a foreign nation notwithstanding the absence of congressional authorization, an attack upon the United States giving rise to the national emergency contemplated by law, or an imminent threat requiring immediate defensive action, thereby substituting unlawful executive action for the constitutional and statutory judgment of Congress."
Article 2 claims, citing 50 U.S.C. § 1544(c): "Secretary Hegseth knowingly executed and sustained unlawful orders that treated the Executive Branch as possessing authority to determine when war may be commenced, how long it may be sustained, and whether Congress’ direction to terminate hostilities must be obeyed. By implementing those orders, he effectuated, in practice, the unilateral continuation of military operations against Iran despite Congress’ exclusive constitutional authority to declare war and despite Congress’ formal action directing the removal of United States Armed Forces from hostilities."
Article 3 claims, citing 50 U.S.C. § 1544(b): "Secretary Hegseth continued to direct, authorize, and sustain the use of United States Armed Forces in hostilities in the Islamic Republic of Iran after the expiration of every potentially applicable statutory period."
The foundational flaw with each of these allegations is that they're based on "obligations" the executive branch - including SECWAR Hegseth - is not ACTUALLY required to recognize or implement.
And that's because the War Powers Resolution was unconstitutional when it was initially adopted in 1973 & it remains unconstitutional - for the same reasons - still today.
This is a topic I've addressed fairly comprehensively before, so I won't do so here. The short explanation, though, regarding why the WPR has always been unconstitutional is that it purports to expand Congress's authority to declare war (Art. I, Sec. 8) to include all situations of "hostilities."
The problem with THAT is that not all "hostilities" amount to "war." And just because Congress has authority to DECLARE "war" doesn't mean it can prohibit the executive from exercising Art. II, Sec. 2 commander-in-chief authority to order @DeptofWar troops to engage in "hostilities".
(for additional reading on this topic, see here: https://t.co/KS6wUsp5eg)
Of course, this isn't JUST my analysis. In fact, every @POTUS since the WPR was adopted in 1973 has determined that resolution is unconstitutional (pic 1), essentially for the reason I outlined above.
Likewise, historical practice supports the executive's (and my) assessment. As a separate Congressional Research Service report indicates, "there have been hundreds of instances" since 1798 "when the United States has used its Armed Forces in situations of military conflict or potential conflict or for other than normal peacetime purposes." Of these HUNDREDS of instances, there have ONLY been 11 formal declarations of war, and these "encompassed five separate wars" (pic 2) (pic 3 also shows a sampling of these from 1798 to 1825, only one of which - the War of 1812 - involved a formal declaration of war).
So, either ALL of these HUNDREDS of examples of "hostilities" that weren't "authorized" by a formal declaration of war were ALSO illegal, OR the War Powers Resolution of 1973 - which purports to expand Congress's authority to "declare war" to cover ALL "hostilities" as well - is unconstitutional.
I don't know about you, but that seems to be fairly adequate evidence indicating that the WPR is, in fact, unconstitutional. And if it IS (which, it is), then it isn't capable of establishing binding obligations with which the executive MUST comply.
And if THAT is the case (which, it also is), then Rep Massie's claim that SECWAR Hegseth committed "other Crimes and Misdemeanors" by failing to comply with various (nonexistent) obligations is, in a word, bogus.
- Article IV.
The basis for the next article is a claim that: "Secretary Hegseth willfully and systemically refused to comply with laws and directives mandated for the protection of civilians during the commission of armed conflict, chilled and rendered ineffective such components to prevent and mitigate harm to civilians, and therefore, foreseeably effected the death and injury of over 200 civilians [referring to the attack reportedly directed against an elementary school in Minab, Iran], to the manifest injury of the United States."
Tbh nearly every line of this article misrepresents various aspects of international AND domestic law in such an egregious manner that I'm tempted to do a deep-dive on just Article IV. Maybe there will be an opportunity to do so at some point in the future.
For now, I'll just focus on the core of this allegation: that SECWAR Hegseth failed to comply with legal "obligations" involving civilian harm mitigation & reduction (CHMR). This is a topic I have previously addressed in more detail here: https://t.co/8G2eaBk4Lm
The MAIN point to address here is that Congress doesn't possess the constitutional authority to FORCE DoW to implement specific CHMR practices. Congress can appropriate funds for such practices (Art. I, Sec. 8, Cl. 12). And Congress can "make Rules for the Government and Regulation of the land and naval Forces" (Art. I, Sec. 8, Cl. 14).
But POTUS is appointed as commander-in-chief of the military (Art. II, Sec. 2, Cl. 1). And practices related to civilian harm mitigation & reduction are strictly within the purview of CiC authority since they don't involve making rules for the armed forces (that authority is exercised by adopting the Uniform Code of Military Justice ... more about the UCMJ below).
There are SO many other deficiencies in Article IV that demonstrate why the CMHR initiative has been flawed since @SecDefAustin & @JoeBiden initially implemented the program & that fundamentally misrepresent #LOAC obligations + command responsibility & so on.
For present purposes, though, Art. IV fails to state a "high Crime or Misdemeanor" primarily because SEC WAR Hegseth has NO "obligation" to implement "laws and directives mandated" BY CONGRESS "for the protection of civilians during the commission of armed conflict" since CONGRESS exceeded its Art. I authority - at the expense of legitimate Art. II CiC authority - by purporting to "mandate" executive compliance in the first place.
- Article V.
The essential basis for the next allegation is: "Secretary Hegseth abused the authority and trust vested in him as Secretary of Defense not only by directing the unlawful use of lethal military force, resulting in the summary execution of at least 243 persons in international waters, but also by using his office to compel members of the Armed Forces to carry out such operations under false legal authorities that he caused to be constructed and imposed upon the chain of command."
This claim is centered on the campaign of attacks directed against suspected narcoterrorists in international waters.
Once again, this is a topic I've covered at length before (for example, here: https://t.co/qANP4g2tiB).
The MAIN problem here (out of many) is the assertion that: "By subjecting persons merely suspected of criminal conduct to lethal military force without judicial process, without congressional authorization, and without establishing a lawful basis for treating such persons or vessels as military targets, Secretary Hegseth arrogated to himself and the Executive Branch the roles of judge, jury, and executioner and asserted a unilateral power to determine who may live and who may die."
Of course, the "without congressional authorization" element returns us to the analysis from the WPR articles involving the concurrent constitutional powers to "declare war" (Congress) AND engage in "hostilities" (POTUS).
Even so, the assertion that suspected narcoterrorists operating drug boats on the High Seas are MERELY "suspected of criminal conduct" is a gross misrepresentation of international law involving the resort to force (jus ad bellum) & domestic implementation thereof.
See, this article explicitly acknowledges that an interagency task force developed a classified memo that presented "a legal basis for such strikes" by determining that the "United States is engaged in a noninternational armed conflict (NIAC) with 24 Latin American Designated Terrorist Organizations."
Whether one disagrees with this determination or not, the EXECUTIVE BRANCH HAS THE AUTHORITY TO DO SO. And when it DID determine the existence of a noninternational armed conflict against drug cartels, by definition the adversary was no longer merely "suspected of criminal conduct."
Yes, trafficking narcotics IS criminal conduct. But saying it is ONLY criminal conduct would be like claiming al-Qaeda operatives are "only" criminals since they're engaged in activity that is against the law.
A drug dealer at home is a criminal. A narcotics trafficker on the High Seas that ISN'T part of a group the government has determined to be an adversarial belligerent in a (noninternational) armed conflict is ALSO a criminal.
But a narcotrafficker on the High Seas that IS part of a group the government has determined to be an adversarial belligerent is a criminal AND a civilian taking direct part in hostilities (DPH).
And what do we do with civilians DPH? Sure, we can detain them - but we can ALSO make them the object of attack pursuant to LOAC. That's what DoW did, that's what SECWAR Hegseth directed, and none of it constitutes a "high Crime or Misdemeanor".
Article VI.
The crux of the allegation here is: Using the powers of his office, Secretary Hegseth retaliated against and sought to intimidate United States Senator Mark Kelly for his statement through a scheme or course of conduct intended to interfere with Congress’ constitutional authority to oversee the Executive Branch, grossly expand Article II powers at the expense of both the Legislative and Judicial Branches of government, and establish a precedent that would chill the protected speech of millions of retired United States service members and inflict irreparable harm upon their First Amendment freedoms."
Yet again, this is a subject I've covered in more detail previously (see, for example, here: https://t.co/Mzx3PorAJv).
For now, I'll just reiterate that @SenMarkKelly didn't MERELY say, "Our laws are clear. You can refuse illegal orders."
Of course, if that' ALL he had said, there probably wouldn't be any issue. After all, he IS right - servicemembers can, indeed must, refuse to comply with unlawful orders.
The problem is, Sen Kelly AND the rest of the "Seditious 6" didn't just stop at that "reminder." What Article VI fails to mention is that Kelly (and the rest) ALSO repeatedly claimed actual orders provided by SECWAR Hegseth were illegal.
First of all, they were all full of shit (see above, in particular, related to narcoterrorist ops). Even so, this messaging crusade of the Seditious 6 was essentially an effort to substitute their OWN judgment regarding what constitutes "lawful" orders for that of the duly appointed Secretary of War.
And although this article condemns the move by SECWAR Hegseth to recall Sen Kelly to active duty as an abuse of power that would set "a precedent that would chill the protected speech of millions of retired United States service members and inflict irreparable harm upon their First Amendment freedoms," Hegseth was merely exercising EXISTING STATUTORY AUTHORITY established in the Uniform Code of Military Justice.
That is, pursuant to Art. 2 of the UCMJ, retired servicemembers "who are entitled to pay" as Sen Kelly is, remain subject to the Code (pic 4).
So reasonable views may certainly differ whether SECWAR Hegseth's move to reinstate Sen (ret Cpt) Kelly to face court-martial was ADVISABLE. But it certainly was NOT a "high Crime or Misdemeanor" if existing law permitted such a move.
If Rep Massie doesn't like it, maybe he should introduce a motion to change THAT provision of the UCMJ - rather than wasting everyone's time with these frivolous articles of impeachment.
Article VII.
The essence of this claim is that SECWAR Hegseth used Dept of War "to carry out an unprecedented military operation—code-named ABSOLUTE RESOLVE—to capture and kidnap President Nicolás Maduro, the leader of the Bolivarian Republic of Venezuela, and his wife, Cilia Flores, from Venezuela—an act of war against a sovereign country executed under the guise of narcotics law enforcement, though in actuality intended to assert U.S. control over Venezuela’s oil reserves."
In doing so, according to this article, "Secretary Hegseth abused the powers of the Department of Defense, violated the laws and treaty obligations of the United States, and subordinated the constitutional allocation of war powers to Executive objectives neither authorized nor approved by Congress."
No need for present purposes to address the "constitutional allocation of war powers" claim - though it is rather amusing that THIS article asserts the Maduro operation was "of a nature and magnitude rising to the level of constitutional war" yet the counter-narcoterrorist boat strikes were ... not (selective outrage much?).
And, yes, this is also a topic I've addressed at length previously (see, for example, here: https://t.co/up15zRPdp3).
The MOST important point to keep in mind in relation to this allegation is that Maduro wasn't recognized as the 🇻🇪 head of state at the time of the raid that captured (er ... "kidnapped" 🤣) him. For confirmation, this is what @SecRubio said after the operation:
"Maduro is NOT the President of Venezuela and his regime is NOT the legitimate government. Maduro is the head of the Cartel de Los Soles, a narco-terror organization which has taken possession of a country. And he is under indictment for pushing drugs into the United States." (https://t.co/dspH13AhEO)
So this operation wasn't a "kidnapping" as the article claims, nor was it an "act of war against a sovereign country." Maduro wasn't the head of state & the operation didn't constitute "international relations" in accordance with the UN Charter (as I have previously analyzed at the X post presented above).
As such, once again, ordering & directing this operation doesn't constitute a "high Crime or Misdemeanor."
Article VIII.
The primary allegation here is: "Secretary Hegseth initiated and directed" hostilities in Yemen "in the absence of any of the predicates required in section 2(c) of the War Powers Resolution of 1973 for the President to introduce United States Armed Forces into hostilities."
Since the goal here is to focus on the main points rather than also addressing the less central - though still conspicuous - deficiencies inherent in the articles, I'll refrain from getting into the weeds on some of the other points.
The main point here, though, as it is with Articles I, II & III, is that the WPR has been unconstitutional from the start.
If it's unconstitutional from the start (which, it still is), then it can't establish binding obligations. And if it can't establish binding obligations (which, it still can't), then "violating" its provisions isn't a legitimate legal basis for claiming "high Crimes and Misdemeanors".
____
Ok, that's it - at least for the main points - in relation to all 8 articles of impeachment.
Each of the articles includes an assertion that SECWAR Hegseth "will remain a threat to the Constitution if allowed to remain in office," or words to that effect.
In reality, the articles of impeachment are a sham - from beginning to end. And it is Rep Massie, not Sec Hegseth, who IS a clear & present threat to the Constitution - for abusing the impeachment powers vested in Congress by distorting international AND domestic law to create the false appearance that Hegseth's conduct amounts to "high Crimes and Misdemeanors."
Thankfully, Rep Massie won't be allowed to remain in office himself since he got crushed in the primary in the great state of Kentucky.
Even so, any member of Congress who supports or votes in favor of Massie's misguided articles of impeachment is ALSO "a threat to the Constitution" - and for the same reason.
As such, any member who DOES support or vote for these articles should not be allowed to remain in office - and it will be up to their constituents to watch closely & hold them to account, where it counts, at the next election.
#ImpeachmentHoax #GoHomeMassie
![BrianCox_RLTW's tweet photo. Hey Rep Massie. International law prof & retired military lawyer here. I read the articles of impeachment you filed against @SecWar today. And it's clear you don't have a clue what you're talking about.
For everyone else, read on for a detailed (though not exhaustive) analysis explaining why the allegations presented in these articles are unconvincing as a matter of law.
In case you're not familiar, the Constitution establishes the causes & procedures for impeachment. Very briefly, the House of Representatives has sole power of impeachment (Art. I, Sec. 2) & must adopt articles of impeachment by a simple majority of members present for the vote. If that occurs, the Senate then has sole power to try all impeachments (Art. I, Sec. 3) & a conviction requires an affirmative vote by 2/3 of members present for the vote.
Finally, the Constitution also establishes that civil officers (including, in this case, SECWAR) "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors" (Art. II, Sec. 2).
The focus for present purposes is on the last provision. That is, Massie must demonstrate in his articles - and a majority of the House must agree - that the allegations involving Sec. Hegseth amount to "other high Crimes and Misdemeanors." That will be the focus of this analysis, since none of the 8 articles so qualify.
The critical analysis below addresses each of the 8 articles of impeachment. Because the full document is just over 33 pages long & the current platform is an @X post, this analysis won't necessarily be comprehensive in relation any of the 8 articles. Even so, treatment of each one will be detailed enough to at least hit the most important points.
Also, it is worth noting that, as a whole, the 8 articles of impeachment merely rehash many of the same complaints & criticisms that have been directed at SECWAR over the last couple years. This means I have addressed many of the individual criticisms along the way as well. For those articles, I'll give an overview of the critical analysis & provide a link to an earlier post for additional reading.
One more point before diving in - some of the articles are fundamentally flawed for the same reasons because they involve the same topics (particularly the first 3). For those, I'll consider them together while also addressing each of the individual accusations as part of the overall analysis of the group.
With those introductory points in mind, let's carry on to (briefly) analyze each of the 8 articles of impeachment.
(For reference, the full articles of impeachment, as filed, are available here: https://t.co/qG0cUWupFh)
- Articles I, II & III.
The first 3 out of 8 Articles deal with the so-called "War Powers Resolution" adopted, over Pres Nixon's veto, in 1973. Because the WPR has been unconstitutional from the outset, each of these allegations fails to state a "high Crime or Misdemeanor" for the same reason.
Specifically::
Article 1 claims, citing 50 U.S.C. §1541(c): "Secretary Hegseth knowingly executed and implemented unlawful orders to initiate war against a foreign nation notwithstanding the absence of congressional authorization, an attack upon the United States giving rise to the national emergency contemplated by law, or an imminent threat requiring immediate defensive action, thereby substituting unlawful executive action for the constitutional and statutory judgment of Congress."
Article 2 claims, citing 50 U.S.C. § 1544(c): "Secretary Hegseth knowingly executed and sustained unlawful orders that treated the Executive Branch as possessing authority to determine when war may be commenced, how long it may be sustained, and whether Congress’ direction to terminate hostilities must be obeyed. By implementing those orders, he effectuated, in practice, the unilateral continuation of military operations against Iran despite Congress’ exclusive constitutional authority to declare war and despite Congress’ formal action directing the removal of United States Armed Forces from hostilities."
Article 3 claims, citing 50 U.S.C. § 1544(b): "Secretary Hegseth continued to direct, authorize, and sustain the use of United States Armed Forces in hostilities in the Islamic Republic of Iran after the expiration of every potentially applicable statutory period."
The foundational flaw with each of these allegations is that they're based on "obligations" the executive branch - including SECWAR Hegseth - is not ACTUALLY required to recognize or implement.
And that's because the War Powers Resolution was unconstitutional when it was initially adopted in 1973 & it remains unconstitutional - for the same reasons - still today.
This is a topic I've addressed fairly comprehensively before, so I won't do so here. The short explanation, though, regarding why the WPR has always been unconstitutional is that it purports to expand Congress's authority to declare war (Art. I, Sec. 8) to include all situations of "hostilities."
The problem with THAT is that not all "hostilities" amount to "war." And just because Congress has authority to DECLARE "war" doesn't mean it can prohibit the executive from exercising Art. II, Sec. 2 commander-in-chief authority to order @DeptofWar troops to engage in "hostilities".
(for additional reading on this topic, see here: https://t.co/KS6wUsp5eg)
Of course, this isn't JUST my analysis. In fact, every @POTUS since the WPR was adopted in 1973 has determined that resolution is unconstitutional (pic 1), essentially for the reason I outlined above.
Likewise, historical practice supports the executive's (and my) assessment. As a separate Congressional Research Service report indicates, "there have been hundreds of instances" since 1798 "when the United States has used its Armed Forces in situations of military conflict or potential conflict or for other than normal peacetime purposes." Of these HUNDREDS of instances, there have ONLY been 11 formal declarations of war, and these "encompassed five separate wars" (pic 2) (pic 3 also shows a sampling of these from 1798 to 1825, only one of which - the War of 1812 - involved a formal declaration of war).
So, either ALL of these HUNDREDS of examples of "hostilities" that weren't "authorized" by a formal declaration of war were ALSO illegal, OR the War Powers Resolution of 1973 - which purports to expand Congress's authority to "declare war" to cover ALL "hostilities" as well - is unconstitutional.
I don't know about you, but that seems to be fairly adequate evidence indicating that the WPR is, in fact, unconstitutional. And if it IS (which, it is), then it isn't capable of establishing binding obligations with which the executive MUST comply.
And if THAT is the case (which, it also is), then Rep Massie's claim that SECWAR Hegseth committed "other Crimes and Misdemeanors" by failing to comply with various (nonexistent) obligations is, in a word, bogus.
- Article IV.
The basis for the next article is a claim that: "Secretary Hegseth willfully and systemically refused to comply with laws and directives mandated for the protection of civilians during the commission of armed conflict, chilled and rendered ineffective such components to prevent and mitigate harm to civilians, and therefore, foreseeably effected the death and injury of over 200 civilians [referring to the attack reportedly directed against an elementary school in Minab, Iran], to the manifest injury of the United States."
Tbh nearly every line of this article misrepresents various aspects of international AND domestic law in such an egregious manner that I'm tempted to do a deep-dive on just Article IV. Maybe there will be an opportunity to do so at some point in the future.
For now, I'll just focus on the core of this allegation: that SECWAR Hegseth failed to comply with legal "obligations" involving civilian harm mitigation & reduction (CHMR). This is a topic I have previously addressed in more detail here: https://t.co/8G2eaBk4Lm
The MAIN point to address here is that Congress doesn't possess the constitutional authority to FORCE DoW to implement specific CHMR practices. Congress can appropriate funds for such practices (Art. I, Sec. 8, Cl. 12). And Congress can "make Rules for the Government and Regulation of the land and naval Forces" (Art. I, Sec. 8, Cl. 14).
But POTUS is appointed as commander-in-chief of the military (Art. II, Sec. 2, Cl. 1). And practices related to civilian harm mitigation & reduction are strictly within the purview of CiC authority since they don't involve making rules for the armed forces (that authority is exercised by adopting the Uniform Code of Military Justice ... more about the UCMJ below).
There are SO many other deficiencies in Article IV that demonstrate why the CMHR initiative has been flawed since @SecDefAustin & @JoeBiden initially implemented the program & that fundamentally misrepresent #LOAC obligations + command responsibility & so on.
For present purposes, though, Art. IV fails to state a "high Crime or Misdemeanor" primarily because SEC WAR Hegseth has NO "obligation" to implement "laws and directives mandated" BY CONGRESS "for the protection of civilians during the commission of armed conflict" since CONGRESS exceeded its Art. I authority - at the expense of legitimate Art. II CiC authority - by purporting to "mandate" executive compliance in the first place.
- Article V.
The essential basis for the next allegation is: "Secretary Hegseth abused the authority and trust vested in him as Secretary of Defense not only by directing the unlawful use of lethal military force, resulting in the summary execution of at least 243 persons in international waters, but also by using his office to compel members of the Armed Forces to carry out such operations under false legal authorities that he caused to be constructed and imposed upon the chain of command."
This claim is centered on the campaign of attacks directed against suspected narcoterrorists in international waters.
Once again, this is a topic I've covered at length before (for example, here: https://t.co/qANP4g2tiB).
The MAIN problem here (out of many) is the assertion that: "By subjecting persons merely suspected of criminal conduct to lethal military force without judicial process, without congressional authorization, and without establishing a lawful basis for treating such persons or vessels as military targets, Secretary Hegseth arrogated to himself and the Executive Branch the roles of judge, jury, and executioner and asserted a unilateral power to determine who may live and who may die."
Of course, the "without congressional authorization" element returns us to the analysis from the WPR articles involving the concurrent constitutional powers to "declare war" (Congress) AND engage in "hostilities" (POTUS).
Even so, the assertion that suspected narcoterrorists operating drug boats on the High Seas are MERELY "suspected of criminal conduct" is a gross misrepresentation of international law involving the resort to force (jus ad bellum) & domestic implementation thereof.
See, this article explicitly acknowledges that an interagency task force developed a classified memo that presented "a legal basis for such strikes" by determining that the "United States is engaged in a noninternational armed conflict (NIAC) with 24 Latin American Designated Terrorist Organizations."
Whether one disagrees with this determination or not, the EXECUTIVE BRANCH HAS THE AUTHORITY TO DO SO. And when it DID determine the existence of a noninternational armed conflict against drug cartels, by definition the adversary was no longer merely "suspected of criminal conduct."
Yes, trafficking narcotics IS criminal conduct. But saying it is ONLY criminal conduct would be like claiming al-Qaeda operatives are "only" criminals since they're engaged in activity that is against the law.
A drug dealer at home is a criminal. A narcotics trafficker on the High Seas that ISN'T part of a group the government has determined to be an adversarial belligerent in a (noninternational) armed conflict is ALSO a criminal.
But a narcotrafficker on the High Seas that IS part of a group the government has determined to be an adversarial belligerent is a criminal AND a civilian taking direct part in hostilities (DPH).
And what do we do with civilians DPH? Sure, we can detain them - but we can ALSO make them the object of attack pursuant to LOAC. That's what DoW did, that's what SECWAR Hegseth directed, and none of it constitutes a "high Crime or Misdemeanor".
Article VI.
The crux of the allegation here is: Using the powers of his office, Secretary Hegseth retaliated against and sought to intimidate United States Senator Mark Kelly for his statement through a scheme or course of conduct intended to interfere with Congress’ constitutional authority to oversee the Executive Branch, grossly expand Article II powers at the expense of both the Legislative and Judicial Branches of government, and establish a precedent that would chill the protected speech of millions of retired United States service members and inflict irreparable harm upon their First Amendment freedoms."
Yet again, this is a subject I've covered in more detail previously (see, for example, here: https://t.co/Mzx3PorAJv).
For now, I'll just reiterate that @SenMarkKelly didn't MERELY say, "Our laws are clear. You can refuse illegal orders."
Of course, if that' ALL he had said, there probably wouldn't be any issue. After all, he IS right - servicemembers can, indeed must, refuse to comply with unlawful orders.
The problem is, Sen Kelly AND the rest of the "Seditious 6" didn't just stop at that "reminder." What Article VI fails to mention is that Kelly (and the rest) ALSO repeatedly claimed actual orders provided by SECWAR Hegseth were illegal.
First of all, they were all full of shit (see above, in particular, related to narcoterrorist ops). Even so, this messaging crusade of the Seditious 6 was essentially an effort to substitute their OWN judgment regarding what constitutes "lawful" orders for that of the duly appointed Secretary of War.
And although this article condemns the move by SECWAR Hegseth to recall Sen Kelly to active duty as an abuse of power that would set "a precedent that would chill the protected speech of millions of retired United States service members and inflict irreparable harm upon their First Amendment freedoms," Hegseth was merely exercising EXISTING STATUTORY AUTHORITY established in the Uniform Code of Military Justice.
That is, pursuant to Art. 2 of the UCMJ, retired servicemembers "who are entitled to pay" as Sen Kelly is, remain subject to the Code (pic 4).
So reasonable views may certainly differ whether SECWAR Hegseth's move to reinstate Sen (ret Cpt) Kelly to face court-martial was ADVISABLE. But it certainly was NOT a "high Crime or Misdemeanor" if existing law permitted such a move.
If Rep Massie doesn't like it, maybe he should introduce a motion to change THAT provision of the UCMJ - rather than wasting everyone's time with these frivolous articles of impeachment.
Article VII.
The essence of this claim is that SECWAR Hegseth used Dept of War "to carry out an unprecedented military operation—code-named ABSOLUTE RESOLVE—to capture and kidnap President Nicolás Maduro, the leader of the Bolivarian Republic of Venezuela, and his wife, Cilia Flores, from Venezuela—an act of war against a sovereign country executed under the guise of narcotics law enforcement, though in actuality intended to assert U.S. control over Venezuela’s oil reserves."
In doing so, according to this article, "Secretary Hegseth abused the powers of the Department of Defense, violated the laws and treaty obligations of the United States, and subordinated the constitutional allocation of war powers to Executive objectives neither authorized nor approved by Congress."
No need for present purposes to address the "constitutional allocation of war powers" claim - though it is rather amusing that THIS article asserts the Maduro operation was "of a nature and magnitude rising to the level of constitutional war" yet the counter-narcoterrorist boat strikes were ... not (selective outrage much?).
And, yes, this is also a topic I've addressed at length previously (see, for example, here: https://t.co/up15zRPdp3).
The MOST important point to keep in mind in relation to this allegation is that Maduro wasn't recognized as the 🇻🇪 head of state at the time of the raid that captured (er ... "kidnapped" 🤣) him. For confirmation, this is what @SecRubio said after the operation:
"Maduro is NOT the President of Venezuela and his regime is NOT the legitimate government. Maduro is the head of the Cartel de Los Soles, a narco-terror organization which has taken possession of a country. And he is under indictment for pushing drugs into the United States." (https://t.co/dspH13AhEO)
So this operation wasn't a "kidnapping" as the article claims, nor was it an "act of war against a sovereign country." Maduro wasn't the head of state & the operation didn't constitute "international relations" in accordance with the UN Charter (as I have previously analyzed at the X post presented above).
As such, once again, ordering & directing this operation doesn't constitute a "high Crime or Misdemeanor."
Article VIII.
The primary allegation here is: "Secretary Hegseth initiated and directed" hostilities in Yemen "in the absence of any of the predicates required in section 2(c) of the War Powers Resolution of 1973 for the President to introduce United States Armed Forces into hostilities."
Since the goal here is to focus on the main points rather than also addressing the less central - though still conspicuous - deficiencies inherent in the articles, I'll refrain from getting into the weeds on some of the other points.
The main point here, though, as it is with Articles I, II & III, is that the WPR has been unconstitutional from the start.
If it's unconstitutional from the start (which, it still is), then it can't establish binding obligations. And if it can't establish binding obligations (which, it still can't), then "violating" its provisions isn't a legitimate legal basis for claiming "high Crimes and Misdemeanors".
____
Ok, that's it - at least for the main points - in relation to all 8 articles of impeachment.
Each of the articles includes an assertion that SECWAR Hegseth "will remain a threat to the Constitution if allowed to remain in office," or words to that effect.
In reality, the articles of impeachment are a sham - from beginning to end. And it is Rep Massie, not Sec Hegseth, who IS a clear & present threat to the Constitution - for abusing the impeachment powers vested in Congress by distorting international AND domestic law to create the false appearance that Hegseth's conduct amounts to "high Crimes and Misdemeanors."
Thankfully, Rep Massie won't be allowed to remain in office himself since he got crushed in the primary in the great state of Kentucky.
Even so, any member of Congress who supports or votes in favor of Massie's misguided articles of impeachment is ALSO "a threat to the Constitution" - and for the same reason.
As such, any member who DOES support or vote for these articles should not be allowed to remain in office - and it will be up to their constituents to watch closely & hold them to account, where it counts, at the next election.
#ImpeachmentHoax #GoHomeMassie](https://pbs.twimg.com/media/HWv4uk6bEAAVQIy.jpg)
Total BS no possible way better not f..n certify Same old bs cheating by Democrat liars and cheaters God is watching and so are we the people @VoterGa @realDonaldTrump @JDVance @SecRubio @laralogan too many 20-24 million registered new Dems in 2026 better check the registrations
Georgia Midterm Results have a HUGE problem
🚨 The election results show there were more Republican votes for Agriculture Commissioner than for US Senate and Governor seats
There is no way Republicans came out to vote for Agriculture Commissioner but not US Senate
Republican vote totals in Georgia:
- Agriculture Commissioner: 1,922,235
- Governor: 1,909,727
- Insurance Commissioner: 1,901,067
- School Superintendent: 1,890,782
- Labor Commissioner: 1,884,575
- Attorney General: 1,856,944
- Public Service Commission District 5: 1,855,409
- Secretary of State: 1,847,873
- Lieutenant Governor: 1,834,070
- All U.S. House: 1,825,598
- Public Service Commission District 3: 1,808,461
- US Senate: 1,712,587
The Senate race was against Democrat Jon Ossoff, and he won
Again, there is no way Republicans voters turned out to vote Red for Agriculture Commissioner but then voted Democrat for Senate
This is clearly no right
🔥 NEW STUNNING ADMISSION in Georgia Election Certification Controversy. TOTAL MEDIA SILENCE. 🔥
This broke this week and most Americans still haven’t heard a word about it 👇
• Fulton County ADMITS it certified 315,000 early votes WITHOUT required poll-worker signatures
• That means the votes were certified ILLEGALLY
• Ballots were never legally verified as required by Georgia law
• A mandatory safeguard was skipped - then approved anyway
Americans were mocked and shamed for asking questions.
Now officials are forced to admit: those questions were valid.
🚨 It gets worse for Fulton County
• A Fulton County judge kept subpoenas ALIVE seeking access to the 2020 ballots
Yet the national media is silent, because covering this means admitting they helped silence legitimate concerns about election integrity.
This is NOT:
❌ speculation
❌ rumor
❌ a recycled claim
This is a NEW admission, on the record, in court filings, confirmed by county attorneys.
⚠️ Even Georgia officials admit Fulton County violated official election processes.
Why does this matter?
• Poll-worker signatures are not cosmetic
• They verify machines were properly opened, closed, and reconciled
• When signatures are missing, verification is broken
Officials say it was “procedural.”
But procedures ARE the safeguard.
Georgia later “hand-counted” ballots...
➡️ but now admits they counted UNCERTIFIED ballots
➡️ counting later does NOT cure an illegal certification
📊 Remember the margin
• Georgia decided by 11,779 votes
• The results flipped TWO U.S. Senate seats
• Republicans lost Senate control
• Washington shifted to a full Democratic trifecta
This isn’t about relitigating the past.
It’s about right now.
If election law violations can be admitted years later with:
• no investigation
• no consequences
• no reform
👉 what does that signal heading into the next election?
And THIS is why the media won’t touch it.
For years:
• questioning election integrity was punished
• citizens were censored
• journalists lost careers
• January 6 defendants got decades
• Trump allies were financially destroyed
• even a President was targeted
All for questioning a process now openly admitted to have violated the law.
So here’s the question they still refuse to ask:
❓ What REALLY happened in the election of 2020?
This was never just about President Trump.
It was (and still is) about the American voter.
When legally required safeguards are skipped, the injury is constitutional.
The injured party is YOU - and you’re owed a remedy.
That remedy starts with:
✔️ a full, transparent investigation
✔️ accountability
✔️ lawful redress
🇺🇸 The truth doesn’t expire.
W.H.G
#Truth #America No Forever Wars but no countries govt can permit #abuseofwomen #Violence or #Rape not ok in any country or any religion if you can't support women's rights and freedom from Cruel Barbaric Regimes or Fanatic believers God will punish and Rebuke and I Pray His Will
#PrimaryRinoThune scumbag Mitch 2.0
The plan was hatched to block Trump's agenda with @SenateMcconnell and @SenatorJohnCor9 a Mike #Pence and their other #Rinos before #Trump returned to office. Senate sucks and purposely stopped #American Voters for what #Wethepeople ask for Voter ID in every state no illegal vote
@RepThomasMassie you are a #scumbag Libertarian but really a #Rino not a true #Libertarian you are really a Liberal crybaby just like all Liberals Fuck Off Dirtbag 😭
Rep. Thomas Massie filing to impeach SecWar Pete Hegseth is pure political theater!
Pete took out narco-terrorists, captured Maduro, and put America First every single day. He committed ZERO crimes.
This circus is DEAD on arrival.
RT if you STAND WITH PETE! 🇺🇸
Rep. Thomas Massie filing to impeach SecWar Pete Hegseth is pure political theater!
Pete took out narco-terrorists, captured Maduro, and put America First every single day. He committed ZERO crimes.
This circus is DEAD on arrival.
RT if you STAND WITH PETE! 🇺🇸
Top 11 reasons why I left Islam.
1. Irrational hate of the Christianity.
2. Irrational hate of the Jews.
3. Irrational hate of the Hindu.
4. Quran is badly written, very incoherent and without any sense of spirituality like the religion.
5. Prophet was a s*xually depraved warmongerings p*do (that became the first top reason the more I uncovered it).
6. Not allowing any dissent or to leave.
7. Irrational hate of all polytheists.
8. There is no respect for women in Islam.
9. The religion combined with Sharia isn’t much different to Communism.
10. Subjugation and restriction of women to be free, as they want to be.
11. In Islam a man can marry 3 times and woman can marry 1 time and they can also do Halala with them?
Nick Shirley's Atlanta investigation just uncovered Raphael Warnock's impossible vote totals.
"Warnock got more votes in three counties than those counties have residents," Shirley reported. "I'm surprised nobody found it before."
The Gabbard document dump provided the roadmap.
"Give us more time and we'll break this wide open."
Georgia's Senate seat was stolen. Now we have proof.
What's your response to this......??👀
MAKE THIS GO VIRAL ON X. LET’S GO 👏
@TodayUpdates0 Not new to me been knowing this for years Georgia Fraud
Hmmm sounds like widespread cheating probably every state Stacey Abrams organization again in Georgia audit states before certification of voters @realDonaldTrump emergency order to stop the #fraud
BREAKING: Lancaster, Pennsylvania officials have BUSTED a large-scale fraudulent voter registration scheme that includes thousands of applications with the same handwriting, fake signatures, false addresses, etc
They discovered the same scheme in other Pennsylvania counties.
District Attorney Heather Adams revealed that the applications came from canvassers who were paid to obtain voter registrations, adding that "The majority of the applications were from residents in the city of Lancaster... The canvases themselves took place at various shopping centers, parking lots of grocery stores and businesses, sidewalks and parks."
"We are aware of at least two other counties that receive similar applications that are currently being investigated."
If you listen closely, the DA said the Clerk received the applications at or near the deadline to register to vote. That means the bad actors waited till the last minute so no one would notice. They would've used the fraudulent applications to commit mail-in ballot fraud without getting caught.
We better check the entire state of Pennsylvania, and we better see arrests NOW.
W.H.G
Abdul El-Sayed's Real Motives
Fuck Off Traitor @johnthune
John Thune is preparing to seek re-selection as GOP Leader next week
What message would you like to send him ??
@davidjsorensen Bullshit stupid non of that is good JD wants to negotiate with Iran you can't negotiate with a terrorist regime they only understand Death so Trump get it done kill the radical Iranian army guard and disassemble for Freedom of the Iranian people especially the women and children
Many of the Libs who fled Blue states to come to our Red ones did so for the economic policy, but at the end of the day, they are still Libs.
They are not a whole lot different from foreigners who come to this country because it’s the greatest country on the face of the Earth, but then miraculously try to turn the USA into a shithole like where they came from.
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