Impeach the Fake President

Below is a copy of the bulk of an email I sent to my New Mexico Congressman, Representative Lujan.

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Whenever possible & appropriate, I hope you will share the following with your colleagues.

1.  I'm not a Democrat or a Republican, but I've been keenly observing American politics since 1956 (1956 is not a typo)... for about 15 years now as an Independent.

2.  Trump has violated the Constitution at least twice... emoluments, and bombing without approval from Congress... not only the Syrian airfield, but elsewhere as well.  [The fact that other Presidents have taken similar actions does not mean that Trump's actions are legal.  The War Powers Act does not supercede the Constitution.]

3.  He has violated NEPA (Nat'l Environmental Policy Act) at least once.  [Environmental regulatory compliance is one of my areas of expertise.] The DAPL Project requires an EIS (Environmental Impact Statement); there's no question at all about that.  Immediately prior to Trump taking office, the Army had filed an NOI (Notice of Intent) to complete the EIS ; in February, they cancelled that NOI, and later, Trump bragged about closing his eyes & just signing it (the authorization for DAPL).  He did so without a NEPA-required EIS in place.  In short, he violated the Law.

4.  He has made us a laughingstock throughout the world.

5.  His conflicts of interest are beyond belief.

6.  Republicans in Congress are starting to desert him.

7.  It's time to get serious about the Articles of Impeachment that already have been introduced.

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Not only my opinion.  Be Well

Trump's Violation of NEPA-SEPA Laws-Rules

Preface---
Formerly I've been an independent environmental regulatory compliance consultant to businesses.  In that capacity (and others) I became very familiar with the various National and State environmental laws and regulations.  In addition, I did the research for and wrote a number of EISs (Environmental Impact Statements, which are required by Law for many projects) for some clients.  Because of that, I became well versed in the National Environmental Policy Act (NEPA)---a Law passed during the Nixon years---and a few different SEPAs (State Environmental Policy Acts).
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A couple days ago, I came across an article with a link to a page in the Federal Register dealing with the Dakota Access Pipeline (DAPL)...specifically, a Notice of Intent (NOI) stating the Army would be doing an EIS in relation to the Pipeline.  That NOI was published in January of this year.  I was a bit surprised because I had seen no indication of such an EIS all this year.  [Because this whole thing is in my field, I keep my eyes peeled for EISs on huge, major projects.]  I did another Search...no luck.  I then contacted (by email) the Army's Corps of Engineers Civil Projects section and asked to see a copy of the EIS in question...or, if there was none, why not?  Incredibly, I heard back within the hour.  Here's the body of the text/reply:
"Upon revaluation of the Dakota Access Pipeline project the U S Army terminated its intent to complete an EIS. This action was announced in the Federal Register in February 2017.".

The Army, as the Lead Agency, published the NOI on January 18, 2017...a couple days before Trump was sworn in as President.  Here's the link:
https://www.federalregister.gov/documents/2017/01/18/2017-00937/notice-of-intent-to-prepare-an-environmental-impact-statement-in-connection-with-dakota-access-llcs
The easement for crossing the Missouri River at Lake Oahe is owned by the Army Corps of Engineers.  The point being:  there's no doubt that the NEPA requirement for an EIS applies in this situation.  Sometime after Trump is sworn in as President, the Army publishes its EIS termination notice... in February.

Not long ago, I saw a News clip of Trump bragging how no one else had the guts to authorize DAPL.  "But I closed my eyes and just signed it.".  Yes, and here's what that means: 
you have violated the National Environmental Policy Act.  If the Fed Gov't issues a permit for a project of that size & potential impact (& owns the easement on which the project is located), and even if the project is completed by a private company, an EIS is required.  That's well established...there's no question about it.

SEPAs also require an EIS on major projects.  [If an EIS is completed under NEPA Rules, it fulfills any State requirement.]  North Dakota doesn't have a SEPA, but South Dakota does...and the DAPL goes through portions of both Dakotas, Iowa, and Illinois.  It's a HUGE project with significant potential impacts.  For one thing, it crosses (or goes under) more than one major river.  There's no doubt at all that an EIS is required by Law.

I think the Standing Rock Tribe has filed a lawsuit over this very thing.  I hope so.  Trump is not above the Law; he just thinks he is.

It's not relevant to my point here if you are for or against fossil fuels, or for or against the Rights of Native Americans/Indigenous People/American Indians.  It's not even relevant if you believe the EIS requirement on major projects is a good or bad thing.  What's relevant is that the President has violated the Law.  He can't repeal a Law without Congress.  Perhaps the Corporate Media and the Democrats should stop beating to death the Russia distraction, and instead, concentrate on something solid...such as this scenario.

Not only my opinion.  Be Well

Trump Already is Imploding AND Unitary Executive Power

King Donald appears to think he's still a CEO, or worse, the owner of the American Gov't.  This is somewhat understandable because there are few (if any) institutions more dictatorial than a Mega Corporation...and that's the atmosphere our President is used to.  He appears to believe that he's the Boss of the entire Fed Gov't., and that being Commander-in-Chief entitles him to ignore Immigration Laws passed by Congress and other laws such as the National Environmental Policy Act (NEPA) passed into Law during the Nixon Era.  [Just the other day, the Army cancelled/terminated the NEPA requirement for an Environmental Impact Statement (EIS) on the Dakota Access Pipeline (DAPL).  That's a direct violation of NEPA.]

The Don appears to be ignorant of the fact that we have a government composed of three separate branches---all co-equal.  He apparently doesn't believe in the concepts of Checks and Balances and Separation of Powers.  This also is somewhat understandable.  That's because going back at least to the Bill Clinton Era, the Executive Branch has pretty much embraced the concept of Unitary Executive Power (especially promulgated during the Dubya Bush Era).  This concept purports that the President is allowed to set aside any laws that conflict with the Executive's view of actions necessary to preserve "National Security".  It was honed into a weapon (against democracy) primarily by John Yoo and David Addington in the Bush Administration.  In essence, it places the President above the law.  Clinton, Bush, Obama, and it looks like Trump as well all believe in it.  This is a big part of the reason for Presidential violations of statutory law and the Supreme Law of the Land, the U.S. Constitution.

This is the reason that recent Presidents believed they could spy on Americans without obtaining individual warrants signed by a judge.  It's the reason that recent Presidents thought they could go to war without the approval of Congress.  It's the reason they believed that people (U.S. citizens) can be arrested and held incommunicado without a warrant.  It's the reason they all still believe that the President can order weaponized drone attacks whenever and wherever the Executive Branch so chooses...even if the target country says NO.  This is the reason that FBI Agents now can write their own Search Warrants (called "National Security Letters"), and if you're served with one, you cannot reveal that to anyone (not even an attorney) or you're subject to five years in prison.  That's a prime example of Fascism in action.

Trump's implosion is evidenced by his continual whining about judges, about "fake news", about Nordstrom dropping his daughter's clothing line (!), about lawmakers who wish to alter Asset Forfeiture laws, about anyone who criticizes or opposes him, and by his continual use of Twitter as a vehicle for all his woes & complaints.  [He's acting like a teenager.]

King Donald, like all recent Presidents, appears to believe that no one in the Judicial Branch or the Legislative Branch has the right or duty to oppose him.  He seems to think that he's the Head Honcho of the whole Shebang.  He thinks he's the CEO of the Fed Gov't.  Like the Presidents of our recent past, apparently he believes that being Commander-in-Chief of the military means that he's entitled to be above the law.  Being the Head Honcho of the military does not entitle any President to ignore any part of the Constitution or any Law passed by Congress.  There are limits on the Presidency...a lot of limits.  Without strict observance of those limits, we have a Fascist government.

Not only my opinion.  Be Well