Item: His agents fomented a revolution in Libya that resulted in the murder of that country’s leader, the killing of the U.S. ambassador, and the evacuation of the U.S. embassy. His agents fomented a revolution in Ukraine that resulted in a Russian invasion, an active insurgency, sham elections, and the killing of hundreds of innocent passengers flying on a commercial airliner.
Item: He has dispatched CIA agents to fight undeclared and secret wars in Yemen and in Pakistan, and he has dispatched unmanned drones to kill innocents there. He has boasted that some secret reading of public positive law permits him to kill whomever he wishes, even Americans and their children.
Item: His State Department has treated Hamas — a gang of ruthless murderers whose stated purpose is the destruction of Israel — as if it were a legitimate state deserving of diplomatic niceties, and this has encouraged Hamas to persist in attacking our only serious ally in the Middle East.
Item: His Department of Veterans Affairs has so neglected patients in government hospitals that many of them died, and it even destroyed records to hide its misdeeds. His Internal Revenue Service has enforced the law more heavily against his political opponents than against his friends, and it has destroyed government computer records in order to hide its misdeeds.
Item: He has relieved his friends of the burdens of timely compliance with Obamacare, and he has burdened his enemies with tortured interpretations of that law — even interpretations that were rejected by the very Congress that enacted the law and interpretations that were invalidated by the Supreme Court.
He has done all these things with a cool indifference, and he has threatened to continue to do so until the pressure builds on his political opponents to see things his way.
The Framers could not have intended a president so devoid of fidelity to the rule of law that it is nearly impossible to distinguish between incompetence and lawlessness — and I am not sure which is worse. Archbishop Fulton Sheen often said he’d prefer to deal with a smart devil than a stupid one.
But the Framers did give us a remedy, and the remedy is not a frivolous lawsuit that the federal courts will no doubt reject as a political stunt. The remedy is removal from office. This is not to be undertaken lightly, as was the case when this remedy was last used. But it is the remaining constitutional means to save the freedoms the Constitution was intended to guarantee.
The choice is between two more years of government by decree or two years of prosecution. It is a choice the president has imposed upon us all.
COPYRIGHT 2014 ANDREW P. NAPOLITANO
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