Comes now We The People (as one stands for Liberty they are a Majority) before the Juror United States Senate. We appear before you intended to establish to the Jurors of the Court for the Trial of Impeachments that the Articles of Impeachment to Impeach the 45th President of the United States, Donald J. Trump, as (and when) provided by the House of Representatives are a Fraud on this Honorable Court and should be summarily dismissed as an attempt to commit a Fraud on the Senate with prejudice until December 31, 2024.
Per US v. Throckmorton, 98 US 68-69 (https://supreme.justia.com/cases/federal/us/98/61/):
“….[P]erhaps the best discussion of the whole subject is to be found in Greene v. Greene, 2 Gray (Mass.) 361, where the opinion was delivered by Chief Justice Shaw. That was a bill filed by a woman against her husband for a divorce. The husband had five years before obtained a decree of divorce against her. In her bill she alleges that the former decree was obtained by fraud, collusion, and false testimony, and she prays that this may be inquired into, and the decree set aside. The court was of opinion that this allegation meant that the husband colluded or combined with other persons than complainant to obtain false testimony or otherwise to aid him in fraudulently obtaining the decree. The Chief Justice says that the court thinks the point settled against the complainant by authority, not specifically in regard to divorce, but generally as to the conclusiveness of judgments and decrees between the same parties. He then examines the authorities, English and American, and adds:
“’The maxim that fraud vitiates every proceeding must be taken, like other general maxims, to apply to cases where proof of fraud is admissible. But where the same matter has been actually tried, or so in issue that it might have been tried, it is not again admissible; the party is estopped to set up such fraud because the judgment is the highest evidence, and cannot be contradicted.‘
“It is otherwise, he says, with a stranger to the judgment. This is said in a case where the bill was brought for the purpose of impeaching the decree directly, and not where it was offered in evidence collaterally. We think these decisions establish the doctrine on which we decide the present case — namely that the acts for which a court of equity will on account of fraud set aside or annul a judgment or decree, between the same parties, rendered by a court of competent jurisdiction, have relation to frauds, extrinsic or collateral, to the matter tried by the first court, and not to a fraud in the matter on which the decree was rendered.
“That the mischief of retrying every case in which the judgment or decree rendered on false testimony, given by perjured witnesses, or on contracts or documents whose genuineness or validity was in issue, and which are afterwards ascertained to be forged or fraudulent, would be greater, by reason of the endless nature of the strife than any compensation arising from doing justice in individual cases.
“The case before us comes within this principle. The genuineness and validity of the concession from Micheltorena produced by complainant was the single question pending before the board of commissioners and the district court for four years. It was the thing, and the only thing, that was controverted, and it was essential to the decree. To overrule the demurrer to this bill would be to retry, twenty years after the decision of these tribunals, the very matter which they tried on the ground of fraud in the document on which the decree was made. If we can do this now, some other court may be called on twenty years hence to retry the same matter on another allegation of fraudulent combination in this suit to defeat the ends of justice, and so the number of suits would be without limit and the litigation endless about the single question of the validity of this document.
“We have alluded to an allegation concerning the agent representing the United States before the board of commissioners.” — Emphasis mine.
The Articles of Impeachment to be laid before the Senate are factitious and a Fraud from the beginning because they lack the necessary invocation of the Special Impeachment Jurisdiction of Congress (Impeachment is not mere Legislation). Impeachment is a Special Jurisdiction because it results in Suspension of the Constitution by the House. Therefore Impeachment is a Special Remedy for the extremely limited and specific purpose of saving the Republic, America, from anyone in government who is a certain and immediate danger to the nation; Impeachment is the vehicle meant to be used on those officeholders who disregard and ignore the standing of the American People and their Constitution as governing the officeholder’s actions and present an immediate and direct danger to the People of America that American Government is organized by the Constitution to protect. Therefore Impeachment of anyone who was Duly Elected or Constitutionally Appointed by one of the 3 branches of Government requires at least a 3/4 vote of affirmation to act upon for the House to be consistent with the amount of votes necessary to meet the threshold of direct Amendment to the Constitution itself (3/4 ratification of Amendments by the Several States representing the concurring affirmative public sentiment for an Amendment to be added to and effective upon the Constitution, per Article V). Anything less is the record of failed proposed Amendments to the Constitution and is exactly how the United States Senate should regard the Articles of Impeachment against President Donald J. Trump. Suspension of the Constitution is nullifying its provisions, and, as “Act includes omission” is identical to an Irreversible and Temporary Amendment of the Constitution.
While many Democrat Politicians render claims calling for Due Process and overall Impeachment Process integrity inaccurate and misguided, history has shown there is precedent set for the future by the actors involved in each past Impeachment, meaning the Representatives of the House and Senators today, precedents that have proven more permanent than Amendment to the Constitution. This is of paramount importance in light of a simple truth that Impeachment is a tool that Suspends the Constitution as it sets aside the Electoral College provisions of the Constitution or the Constitution’s express statement that a person serves a life term in Judicial or other appointments. It cannot be ignored that inherent in the idea of “High Crimes and Misdemeanors” is an emergency requiring immediate action, an exigent circumstance of such import and weight it countermands the orders given by the Constitution, and that swift and immediate action must be taken to remove them from office or the person will do greater harm than a wrongful Amendment to the Constitution, such as what America went through with the Prohibition Era.
The lack of an emergency of such magnitude that requires immediate attention; lack of an established exigent circumstance that would require the Suspension of the Constitution to remedy; lack of an emergency requiring Impeachment, are all the very same reason why the Articles of Impeachment of the 45th President of the United States are a Fraud. The fact is that the Articles of Impeachment are solely supported specious claims of evidence derived from impeached testimony, bureaucrat group think presumptions, and hearsay, without any direct evidence against the President. Yet all direct evidence actually supports not removing the President from Office.
In fact the direct evidence shows the President of the United States upheld the US and Ukraine Treaty of Mutual Assistance of 1998 (see https://www.congress.gov/106/cdoc/tdoc16/CDOC-106tdoc16.pdf). By this Treaty and Article VI, Clause 2 of the Constitution, there is no established or means of establishing an exigent circumstance that would require Suspension of the Constitution. This causes the Articles of Impeachment to be, at best, factitious, and therefore of no legal moment nor weight within the Constitution’s Framework and purpose to protect the people from the tyrannical aspects of government and politics. By the Constitution there appears to be no standard by which the Articles of Impeachment of President Trump should be given any weight whatsoever and they should be treated as less than a failed proposed Amendment to the Constitution.
Any continued acceptance of the Articles of Impeachment against President Trump by any member of Congress, House and Senate, appears to be an outright agreement to creation of a Tyranny in the House of Representatives over the American People. Speaker Pelosi Demonstrated this by absence of compliance to Constitutional process by failed hasty delivery of the Articles of Impeachment, and as of writing this article she’s going to have a vote on the delivery of the factitious Articles of Impeachment, wasting more taxpayer dollars on delay. Hasty delivery of the Articles of Impeachment would have been natural to the existence of exigent circumstances, and therefore the Constitution is silent on requiring it. Expeditious delivery would support the imposition of Impeachment (suspension of the Constitution) and Removal from Office (Irreversible Amendment of the Constitution) and be a natural effort to assure Impeachment was swiftly achieved to save the Republic and protect the American People.
Instead the unnecessarily delayed delivery of the Articles of Impeachment resulted in political play to the public of a battle between the Leaders of both Chambers of the Capitol. Throughout the entire Impeachment Process Impeachment must be weighed similarly to Amending the Constitution in any consideration of a Trial for Impeachment in the United States Senate.
And, when you take the incidence of the Articles of Impeachment being affirmed solely by a partisan majority (with a bipartisan minority against it), but a total vote tally that remains below the threshold to Amend the Constitution for the United States of American and combine it with the political play while delivery of the Articles of Impeachment has been unnecessarily delayed, these 2 things together establish faction, that party politics alone, is the purpose and intention, the basis that the House of Representatives chose to act in Suspension of the Constitution and to then seek Irreversible Temporary Amendment of the Constitution justified by the Articles of Impeachment. Initiating Impeachment for faction, for politcal party, in an outright abuse and misuse the Constitution further diminishes the weight of the Articles of Impeachment and We The People hope the Senate doesn’t reward Speaker Pelosi for making taking this act against us. Faction and politics is not an emergency and therefore no exigent circumstance has lawfully invoked the Special Impeachment Jurisdiction of the House, thereby no exigent circumstance has been established to Suspend the Constitution and invoke the Special Impeachment Jurisdiction of the United States Senate to pursue Irreversible and Temporary Amendment to the Constitution, nor do these Articles of Impeachment justify the Constitution’s Command that the Chief Justice of the Supreme Court of The United States preside over a Trial for Impeachment of the President.
The cause of this failure appears to be a failure of the House to exercise extreme care in considering the gravity and purpose, the intent and effect of Impeachment of the President of the United States as contemplated by those who drafted and authored the Constitution and pursuant to the language of the Constitution itself in whole, as the Law of the Land. This failure further appears be with full knowledge that Impeachment is not Legislation or a Legislative act but is in fact temporary Suspension of the Constitution in order to force the Senate to hold a Trial that Irreversibly Amends the Constitution, abusing the Constitution to change an outcome that was achieved by it. This intentional abuse of the Constitution appears to be the reason the House failed to recognize that the Impeachment Process requires a significant and weighty threat to America to be used and invoked against a Duly Elected President of the United States of America, that “High Crimes and Misdemeanors” is not a term of insignificance and is not an invocation of “party politics and faction” as just causes for the use of Impeachment.
I humbly ask Speaker Pelosi and the United States Senate to indulge We The People (again, as I stand for Liberty and therefore am a Majority) to please imagine a more dangerous Tyranny against the American People than when the Article I Powers of the House are used without appreciating the Constitution’s intention in We The People granting those objects and powers to Congress, to instead carry on an Impeachment in the interest of political party and faction alone demonstrated by a partisan vote on all matters of Impeachment in the House. We the People aren’t stupid and recognize that these Articles of Impeachment are a demand of power from, and to be used over, the American People, an effort by the Democrat Party in abusing the powers granted to the House to nullify the results of the 2016 Presidential Election. In analogy this is the Jinn in the bottle that we know once it is uncorked can and will be used against us far more regularly, and that this will especially be true if the same political party holds the Senate too as the precedent is set for both or any majority holding party and is not temporary.
Without an actual Article V Amendment to nullify and strike the Electoral College from the Constitution there should be no effort by any office holder in the National or State Governments to negate or otherwise nullify the Constitution’s Electoral College requirement, no effort to negate the difference between States and their populations, local customs, and economies. We The People are the populations of those States, the very Americans whose Constitution created the offices you all hold and your onus is to us, to respect us, to understand upholding your Oath of Office is the very means of showing that respect; to also understand that making an effort to nullify our vote and the institution we entrust to elect Our President by abuse of Impeachment in Suspension and Irreversible Temporary Amendment to the Constitution is a complete and utter disrespect of the American people, a disrespect exacerbated by Impeachment being used against us solely because We The People disagree with a political party.
Unlimited Tyranny by Congress will be the result of Impeachment of any President by faction, by partisan politics alone and is why no one, not a single President should ever be removed from office by partisan majority votes alone on Articles of Impeachment. We The People know this Tyranny being done against us by Speaker Pelosi also undermines the 10th Amendment Retention of Rights by the States and the People, the entire Constitution it appears is being treated and regarded by Democrats as toilet paper through a ruthless guile of corrupt politicians who want We The People to accept being forgotten forever. We The People recognize the factitious Articles of Impeachment of President Trump as the genuine act of vengeance against any and all who voted for him, and of course a Democrat effort in messaging, an effort to tell We The People that we no longer have any right to govern ourselves but are subjects to the whims of a political party so long as they can gain any office or any elective body in government and abuse the powers we gave that office.
We The People are tired of Progressive ideological gerrymandering against the Written Will of the American People, our Constitution for the United States of America, by political parties, and therefore no weight whatsoever should be given to the factitious Articles of Impeachment of the 45th President of the United States of America, Donald J. Trump. We the People implore the United States Senate to Dismiss the Articles of Impeachment against President Trump as an attempted Fraud on the Senate to erroneously invoke the Special Impeachment Jurisdiction of the Senate, and therefore Dismiss with Prejudice until December 31, 2024.
Note: Please consider that I am a layman, a simple layman, a simple member of John Q Public, yet also a member of We The People the actual source of all power in Government, that I am acting as intended by America’s Founders from the beginning to set forth to you politicians as our Public servants the simple truths of the Constitution, that there is a direct parallel of Impeachment and Removal of a President who was duly elected by the Electoral College to Suspension of the Constitution that results in Irreversible Temporary Amendment of the Constitution. The Articles of Impeachment require an established exigent circumstance to act upon with at least 3/4 vote affirmation of every step of the Impeachment Process in the House of Representatives (to assure the integrity of the vote at least mirrors the Amendment Requirements of Article V as a matter of Integrity to the Constitution) prior to Trial in the United States Senate. Any action taken by the Senate to convene a Trial for Impeachment of President Trump is continuing an act the United States Government to Suspend the Constitution for the United States Government against the consent of the Governed and Written Will of the People, the Constitution for the United States of America.
Respectfully submitted,
God Bless you, and I thank you for reading and sharing this,
Toddy Littman
