2 Presidents during transition Dec 2, 2017 13:46:53 GMT
Post by Shep on Dec 2, 2017 13:46:53 GMT
The following was posted on Twitter in 26 posts which I combined.
It was done because Gen. Flynn just pled guilty to lying to the (criminal) FIB.
I call it 2 Presidents
On December 19, 2016 there were legally 2 Presidents
The outgoing President is referred to as a lame duck. He is still the President because his term has not expired and the President-Elect has not yet taken the oath of office.
But there are TWO Presidents, not one.
The General Mike Flynn plea has got the MSM and Liberals hysterical with speculation about whether the Trump transition team may have violated the Logan Act. They didnt, but Barak Obama and Hillary Clinton ARE. The Logan Act was enacted in 1799.
The Logan Act prohibits US Citizens "without authority" from engaging in correspondence to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, unauthorized correspondence or intercourse, conduct of foreign government, dispute with the United States.
In 218 years there have been two (2) indictments under the Logan and ZERO prosecutions. First, it is overly vague and thus is likely unconstitutional under the Vagueness Doctrine. See: Connally v. General Construction Co., 269 U.S. 385 (1926).
vagueness doctrine means: "the terms of a penal statute ... must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties and a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.
On December 19, 2016 President Trump had done more than just win the election. He was confirmed by the Electoral College. On December 19, 2016 there were two Presidents. This is why the outgoing President is referred to as a lame duck. He is still the President because his term has not expired and the President-Elect has not taken the oath of office to begin executing powers. But there are TWO Presidents, not one.
Federal law recognizes this and provides support for the Presidential Transition team pursuant to the PTA - Presidential Transitions Act of 1963.
PTA provide for Official staff, office space, travel costs, a huge budget -- around $13 million for a month of work. The incoming President gets Top Secret Briefings.
It is very clear from the Constitution and the PTA that the incoming President and his staff are government officials. Thus, they correspond with foreign governments with authority of the United States.
If it is Mueller's contention that transition officials working for a President approved by the Electoral College did not have authority -- then he runs up against vagueness. How could they have known the Logan Act applied to officials?
Flynn phone calls ALL occurred after December 19 -- the day Trump was approved by the EC. The Key Dates all start around December 28.
Mueller is not looking at the Logan Act no matter what eager crooked lying media say.
Flynn himself was NOT indicted for violating the Logan Act. Mueller himself refers to Flynn and Kushner as officials, saying - December 29, 2016 FLYNN called a senior official of the PTT, Presidential Transition team
A PTT official is someone: (1) on the government payroll; (2) who works in a government funded office; (3) for a duly elected President.
EVERYONE in Washington DC knows an incoming President meets with foreigners, sets staff and policy, etc during the transition. That's what the transition is for.