Hillary removal from election and inauguration, US election checkpoints and rules, General election through Electoral College certification and finally swearing in, Hillary can be removed before becoming president, High crimes and misdemeanors explained
“If This Story Gets Out, We Are Screwed”…Wikileaks: Doug Band to John Podesta
“James Comey’s decision to revive the investigation of Hillary Clinton’s email server and her handling of classified material came after he could no longer resist mounting pressure by mutinous agents in the FBI, including some of his top deputies, according to a source close to the embattled FBI director.”…Daily Mail October 30, 2016
“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln
Another Democrat running for the office of the Presidency and more controversy regarding their eligibility.
In 2008 it was Obama and his natural born citizen status.
Despite the lies from the mainstream media, that issue has not been resolved.
Now with Hillary Clinton, if she garners enough votes, will she survive the election process of Electoral College votes being counted and certified and inauguration without being disqualified due to arrest and or indictment?
Here is a good description of “High Crimes and Misdemeanors.”
Sadly, most Americans are uninformed on the US President election process.
The Democrats appear to like it that way.
If you don’t believe that, check out Wikileaks.
Below is some important information on how this works.
From the US Electoral College.
The 2016 Presidential Election
“November 8, 2016—Election Day
Registered voters cast their votes for President and Vice President. By doing so, they also help choose the electors who will represent their state in the Electoral College.
Mid-November through December 19, 2016
After the presidential election, the governor of your state prepares seven Certificates of Ascertainment. “As soon as practicable,” after the election results in your state are certified, the governor sends one of the Certificates of Ascertainment to the Archivist.
Certificates of Ascertainment should be sent to the Archivist no later than the meeting of the electors in December. However, federal law sets no penalty for missing the deadline.
The remaining six Certificates of Ascertainment are held for use at the meeting of the Electors in December.
December 13, 2016
States must make final decisions in any controversies over the appointment of their electors at least six days before the meeting of the Electors. This is so their electoral votes will be presumed valid when presented to Congress.
Decisions by states’ courts are conclusive, if decided under laws enacted before Election Day.
December 19, 2016
The Electors meet in their state and vote for President and Vice President on separate ballots. The electors record their votes on six “Certificates of Vote,” which are paired with the six remaining Certificates of Ascertainment.
The electors sign, seal, and certify six sets of electoral votes. A set of electoral votes consists of one Certificate of Ascertainment and one Certificate of Vote. These are distributed immediately as follows:
- one set to the President of the Senate (the Vice President) for the official count of the electoral votes in January;
- two packages to the Secretary of State in the state where the electors met—one is an archival set that becomes part of the public record of the Secretary of State’s office and the other is a reserve set that is subject to the call of the President of the Senate to replace missing or incomplete electoral votes;
- two packages to the Archivist—one is an archival set that becomes part of the permanent collection at the National Archives and Records Administration and the other is a reserve set that is subject to the call of the President of the Senate to replace missing or incomplete electoral votes; and
- one set to the presiding judge in the district where the Electors met—this is also a reserve set that is subject to the call of the President of the Senate to replace missing or incomplete electoral votes.
December 28, 2016
Electoral votes (the Certificates of Vote) must be received by the President of the Senate and the Archivist no later than nine days after the meeting of the electors. States face no legal penalty for failure to comply.
If votes are lost or delayed, the Archivist may take extraordinary measures to retrieve duplicate originals.
On or Before January 3, 2017
The Archivist and/or representatives from the Office of the Federal Register meet with the Secretary of the Senate and the Clerk of the House in late December or early January. This is, in part, a ceremonial occasion. Informal meetings may take place earlier.
January 6, 2017
The Congress meets in joint session to count the electoral votes. Congress may pass a law to change this date.
The Vice President, as President of the Senate, presides over the count and announces the results of the Electoral College vote. The President of the Senate then declares which persons, if any, have been elected President and Vice President of the United States.
If a State submits conflicting sets of electoral votes to Congress, the two Houses acting concurrently may accept or reject the votes. If they do not concur, the votes of the electors certified by the Governor of the State on the Certificate of Ascertainment would be counted in Congress.
If no Presidential candidate wins 270 or more electoral votes, a majority, the 12th Amendment to the Constitution provides for the House of Representatives to decide the Presidential election. If necessary the House would elect the President by majority vote, choosing from the three candidates who received the greatest number of electoral votes. The vote would be taken by state, with each state having one vote.
If no Vice Presidential candidate wins 270 or more electoral votes, a majority, the 12th Amendment provides for the Senate to elect the Vice President. If necessary, the Senate would elect the Vice President by majority vote, choosing from the two candidates who received the greatest number of electoral votes. The vote would be taken by state, with each Senator having one vote.
If any objections to the Electoral College vote are made, they must be submitted in writing and be signed by at least one member of the House and one Senator. If objections are presented, the House and Senate withdraw to their respective chambers to consider their merits under procedures set out in federal law.
January 20, 2017 at Noon—Inauguration Day
The President-elect takes the Oath of Office and becomes the President of the United States.”
“Section 1. The terms of the President and Vice President shall
end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January,
of the years in which such terms would have ended if this article
had not been ratified; and the terms of their successors shall
Section 2. The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of
January, unless they shall by law appoint a different day.
Section 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not
have been chosen before the time fixed for the beginning of his
term, or if the President elect shall have failed to qualify, then
the Vice President elect shall act as President until a President
shall have qualified; and the Congress may by law provide for the
case wherein neither a President elect nor a Vice President elect
shall have qualified, declaring who shall then act as President,
or the manner in which one who is to act shall be selected, and
such person shall act accordingly until a President or Vice
President shall have qualified.”
From Citizen Wells December 13, 2008.
“ELECTORAL COLLEGE QUESTIONS AND ANSWERS
Q: What is the Electoral College?:
A: The Electoral College was established by the founding fathers
as a compromise between election of the president by Congress and
election by popular vote. The people of the United States vote for
the electors who then vote for the President. Read more
Q: Frequently asked questions:
Q: Why did the Founding Fathers create the Electoral College?:
Here is a quote by Alexander Hamilton who, like many of the founding
fathers, was “afraid a tyrant could manipulate public opinion and come
to power.” Hamilton wrote in the Federalist Papers:
“It was equally desirable, that the immediate election should be made
by men most capable of analyzing the qualities adapted to the station,
and acting under circumstances favorable to deliberation, and to a
judicious combination of all the reasons and inducements which were
proper to govern their choice. A small number of persons, selected by
their fellow-citizens from the general mass, will be most likely to
possess the information and discernment requisite to such complicated
investigations. It was also peculiarly desirable to afford as little
opportunity as possible to tumult and disorder. This evil was not least
to be dreaded in the election of a magistrate, who was to have so
important an agency in the administration of the government as the
President of the United States. But the precautions which have been so
happily concerted in the system under consideration, promise an
effectual security against this mischief.”
Q: What are the state laws governing Electors?:
Q: What are so called “Faithless Electors”?:
A: “The Supreme Court has held that the Constitution does not require
that electors be completely free to act as they choose and therefore,
political parties may extract pledges from electors to vote for the
parties’ nominees. Some State laws provide that so-called “faithless
electors” may be subject to fines or may be disqualified for casting
an invalid vote and be replaced by a substitute elector. The Supreme
Court has not specifically ruled on the question of whether pledges
and penalties for failure to vote as pledged may be enforced under
the Constitution. No elector has ever been prosecuted for failing to
vote as pledged.” Read more here
The US Supreme Court Obviously has not given Electors the option to
violate the US Constitution. Therefore, obviously, if the presidential
candidate is qualified, party pledges and state laws are permissable.
Q: What must an Elector be aware of when voting for a presidential candidate?:
A: The following are important considerations when casting a vote. Voting
as instructed by a political party, another person, or a state law in
conflict with the US Constitution or Federal Election Laws is a serious
matter. Those not voting in accordance with higher laws are subject to
prosecution and may be guilty of “High Crimes and Misdemeanors.”
High Crimes and Misdemeanors
UNITED STATES ELECTION LAW
“The following provisions of law governing Presidential Elections are contained in Chapter 1 of Title 3, United States Code (62 Stat. 672, as amended):”
“§ 8. The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.”
ARE ELECTORS REQUIRED TO VOTE ACCORDING TO POPULAR VOTE?
“There is no Constitutional provision or Federal law that requires
electors to vote according to the results of the popular vote in
their States. Some States, however, require electors to cast their
votes according to the popular vote. These pledges fall into two
categories—electors bound by State law and those bound by pledges
to political parties.” (From US National Archives)
SO CALLED “FAITHLESS ELECTORS”
“It turns out there is no federal law that requires an elector to
vote according to their pledge (to their respective party). And so,
more than a few electors have cast their votes without following the
popular vote or their party. These electors are called “faithless
In response to these faithless electors’ actions, several states
have created laws to enforce an elector’s pledge to his or her party
vote or the popular vote. Some states even go the extra step to
assess a misdemeanor charge and a fine to such actions. For example,
the state of North Carolina charges a fine of $10,000 to faithless
It’s important to note, that although these states have created these
laws, a large number of scholars believe that such state-level laws
hold no true bearing and would not survive constitutional challenge.”
Read more here
STATE LAW EXAMPLE: PENNSYLVANIA
“§ 3192. Meeting of electors; duties.
The electors chosen, as aforesaid, shall assemble at the seat
of government of this Commonwealth, at 12 o’clock noon of the
day which is, or may be, directed by the Congress of the United
States, and shall then and there perform the duties enjoined upon
them by the Constitution and laws of the United States.”
“The mysteries of the Electoral College has enabled Pennsylvania
to play an unusually major role in determining who is President.
In 1796, Thomas Jefferson defeated John Adams in Pennsylvania’s
popular election by only 62 votes, but the Pennsylvania electors
gave Jefferson 14 votes and Adams 1, though Adams did win the
Electoral vote, 71 to 68.” Read more here
ELECTORS HELPED SAVE THE UNION
1860 election: 4 electors in New Jersey, pledged for Stephen Douglas,
voted for Republican candidate Abraham Lincoln.”
Should Hillary Clinton “win” the general election, it does not guarantee that she will be sworn in.