Impeach Biden, Not Mayorkas - The American Spectator | USA News and Politics
Impeach Biden, Not Mayorkas
by

Most Republicans, including House Speaker wannabe Kevin McCarthy (R-CA), believe that next January they will control the House by a considerable margin.

They’re discounting their party’s ability to blow it between now and November, but even if the Republicans do get to control the House, McCarthy should never be Speaker because he’s already surrendering his most potent political weapons.

Joe Biden has been rightly criticized for telling the Russians what we will and won’t do to help Ukraine. He’s promised Russian President Putin that we’d not put NATO forces or missiles in Ukraine and has personally blocked two NATO governments — Poland and Romania — from supplying the combat aircraft that the Ukrainians need most. McCarthy is adopting Biden’s strategy of preemptive surrender by saying he won’t impeach Biden.

It’s long past time for the Republicans to take effective action against Biden. Part of that is to impeach him for his open border policy and, almost certainly, for Mayorkas’s action in creating the ‘disinformation’ board.

On April 11, McCarthy told Fox News, “One thing we learned that the Democrats did is they — they used impeachment for political reasons. We’re not going to pick and choose just because somebody has power,” he said. “We’re going to uphold the law. At any time, if someone breaks the law and the ramification becomes impeachment, we would move towards that. But we’re not going to use it for political purposes. We will take the facts to wherever the facts go, because America’s been through too much with people playing politics with the concept of impeachment.” McCarthy added, “But if it rises to that level, we would have the law determine that.”

There is some wisdom in saying that Republicans shouldn’t campaign on a promise to impeach Biden. That could alienate too many voters. But McCarthy could have — and should have — shrugged off the question rather than promising not to pursue impeachment “for political reasons,” which are one of the two reasons impeachment should be brought.

Two weeks later, McCarthy floated the idea that Department of Homeland Security Secretary Alejandro Mayorkas should be impeached for his failure to control the southern border. He said, “This is his moment in time to do his job. But at any time, if someone is derelict in their job, there is always the option of impeaching somebody. But right now, he’s got 30 days.”

Why punish the monkey for the organ grinder’s offenses?

This brought to mind a personal experience of mine that occurred about thirteen years ago then I was editor of Human Events.

Shortly after former president Obama came into office in 2009, House Minority Leader John Boehner instructed the Republican Caucus that they couldn’t criticize Obama personally, only his policies. I received telephone calls from three or four House members who insisted that Boehner’s restriction was ludicrous. I wrote an article saying as much and urged House Republicans to ignore Boehner’s injunction.

I received a call from Boehner’s staff the morning the article appeared asking me to come over and meet with Boehner. I went to Boehner’s office in the Capitol later that day.

It was a very cordial meeting. Boehner politely explained his position and asked me to write a retraction. With equal politeness, I explained why I couldn’t and wouldn’t do that.

The result was more and more Republican members — a group that grew by the day — criticized Obama personally for adopting policies that blew up our economy.

McCarthy is not a strong conservative who is up to fighting against the disastrous policies Biden has adopted, which are destroying our economy, our international credibility, and have opened our southern border to all comers.

McCarthy said that he won’t allow Republicans to impeach Biden “for political reasons.” He’s apparently confused that while a president can be impeached for violating a criminal law (as Clinton was for perjury) it’s entirely appropriate under the Constitution to impeach a president whose political policies are damaging the nation.

There are only two ways Congress can control a president. The first is by denying him funds he could otherwise use for a particular purpose. Thanks to the overly complicated way appropriations bills are written and because they’re not open to amendments (except pork-laden earmarks), there’s no possibility of denying Biden the money he needs to continue his march to disaster.

The only other way is to impeach him.

Biden rightly deserves to be impeached for failing to abide by his oath of office in ways that have severely damaged our nation.

The presidential oath requires him to both faithfully execute the office of the president and to protect and defend the Constitution of the United States. Biden has violated both parts of the oath.

First, Biden should be impeached for his opening our southern border to all comers, which is directly in violation of his oath to faithfully execute the presidential office.

There are two parts to executing the office of the president. One is to follow the congressionally established laws of our nation. The second is to enforce and administer those laws.

Second, and this is equally important, Biden has, by establishing the new “Disinformation Governing Board,” imposed a policy that violates the First Amendment.

When Mayorkas said our southern border was secure last week, the National Sheriffs’ Association wrote a letter to Senate leaders saying, in part, that, “We simply have no border left in Arizona, New Mexico, Texas, or Southern California.”

The laws of the United States require that people immigrate to our country only if they follow the law and are admitted in accordance with it. Biden has failed and refused to enforce the immigration laws. That is an impeachable offense.

As a result, at least two million people have entered the United States illegally and more are coming in every day. If he succeeds in lifting the Title 42 restrictions on asylum applicants, at least 18,000 more illegals will enter the country each day. By some estimates Biden will have doubled the number of illegal immigrants in this nation by the time his first term in office has expired in 2025.

Biden’s open borders policy is in derogation of our national security and our economy. He has done, and continues to do, enormous damage to the nation.

Mayorkas announced last week that under the framework of the Department of Homeland Security he has created a “Disinformation Governance Board” which is supposed to regulate online speech to avoid interference in the 2022 election. He did not otherwise specify the powers he has supposedly granted that Board.

Regulating free speech on the internet is beyond the power of Biden, Mayorkas, and anyone else in the federal government.

In the 1919 case of Schenk v. United States the Supreme Court ruled that free speech can only be punished when it presents “a clear and present danger of bringing about the substantive evils that Congress may prohibit.” In 1969 the Supreme Court made the meaning of Schenk clearer, ruling in the Brandenburg v. Ohio case that the First Amendment protects even speech advocating illegal conduct, which is protected unless the speech is likely to incite imminent lawless action.

Republicans, if they retake control of the House, should immediately convene a special investigatory committee charged with determining what Mayorkas’s “Disinformation Governing Board” is doing and intended to do. That investigative committee should call Mayorkas — and the whacko chairman he appointed to head the Disinformation Governing Board, Nina Jankowicz (the self-proclaimed “Mary Poppins of Disinformation”), as witnesses under oath to investigate what actions the DGB has taken and is intended to take to control free speech. If, as is entirely likely, the DGB is in violation of the First Amendment, its actions would be another ground to impeach Biden.

It’s long past time for the Republicans to take effective action against Biden and rein in his policies that are dangerous to our nation. Part of that is to impeach Biden for his open border policy and, almost certainly, for Mayorkas’s action in creating the “disinformation” board.

We don’t need a political worrier such as McCarthy to be Speaker of the House. He’s too much of an inside-the-Beltway critter. We need — and the Republicans should insist on — a political warrior. Someone such as Rep. Steve Scalise or Rep. Jim Jordan would fill the need. But they won’t. The Republican Caucus met last week and gave McCarthy a standing ovation.

The comprehensively earned impeachment of Joe Biden will probably never happen.

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