UNITED STATES CODE: Joe Biden is permanently disqualified from holding any public office in the U.S. Federal Government
Source: http://stateofthenation.co/?page_id=30667
Published: August 15, 2020
Joe Biden is prohibited from holding public office in the US government—Here’s why!
By his own admission, then Vice President Joe Biden used upwards of $1 billion of US government loan guarantees in a bribery coercion scheme to threaten the Ukraine president to immediately terminate the Prosecutor General who was investigating the corrupt practices of Burisma Holdings, as well as the involvement of board director Hunter Biden.
This criminal act constitutes a federal felony crime and disqualifies Biden from holding public office.
All the hard evidence and applicable laws follow in this straightforward legal analysis.
First, here’s Biden’s unequivocal admission of his crime on video:
Foreign Corrupt Practices Act
Now, here is the relevant section from the FOREIGN CORRUPT PRACTICES ACT, that is codified as United States Federal Law, which strictly “prohibits U.S. citizens and entities from bribing foreign government officials to benefit their business interests”1.
15 U.S. Code § 78dd–1 – Prohibited foreign trade practices by issuers
The applicable section of the U.S. Code can be found in 15 U.S. Code § 78dd–1 as follows:
U.S. Department of Justice Guidance
Furthermore, the U.S. Department of Justice has published “An Overview” which spells out that what VP Joe Biden did by threatening to withhold loan guarantees to the Ukraine was in blatant violation of U.S. Federal Law.
The Fraud Section of the Criminal Division of the DoJ makes it clear what constitutes a violation of the FOREIGN CORRUPT PRACTICES ACT as follows.
Code of Federal Regulations
Next, there is the pertinent section of Code of Federal Regulations (e-CFR) which explicitly states that no employee of the U.S. Federal Government should use their public office for private gain. The following excerpt was taken from: 5 CFR § 2635.702 – Use of public office for private gain.
Here’s a screenshot (converted to text below - JA
) of the same CFR regulation that is directly applicable to Joe Biden’s official misconduct while VPOTUS and acting on behalf of his son Hunter Biden in his official capacity as member of the Board of Directors of Burisma Holding Limited, a Ukrainian Company.
18 U.S.C. § 201: Bribery of public officials and witnesses
Then there is the federal statute codified by the U.S. Code concerning the “Bribery of public officials and witnesses”. Here again Vice President Biden clearly acted in contravention of both 18 U.S.C. § 201(b)(1) as to the giver, and § 201(b)(2) as to the recipient, in the crime of bribery of a pubic official.
Concealment of Vice President Joe Biden’s senatorial records
There’s one more serious transgression of federal law that Joe Biden is guilty of: the deliberate concealment of his senatorial records. Those records are currently housed at the University of Delaware and Biden himself can permit their release.
In this particular regard, Biden’s refusal to release those public records is a brazen violation of 18 U.S. Code § 2071 which concerns the “Concealment, removal, or mutilation generally” of government records, documents, files, etc. The letter of the law can be read in the following screen capture taken from the Cornell Law School website. The disqualification clause is highlighted in blue.
- KEY POINT: Joe Biden isn’t the first Democrat POTUS candidate to be disqualified from holding public office because of concealment or destruction of government records. Hillary Clinton was also prohibited (according to the law of the land) from running for President prior the 2016 election because of the her intentional removal and destruction of official government email correspondence. See: Sometimes the hard truth appears in the funniest places … like a Law Library.
Conclusion
Joe Biden, acting in his official capacity of Vice President of the United States of America, bribed the Ukraine government in order to compel President Petro Poroshenko to fire the General Prosecutor. This criminal act was carried out with the explicit intent to terminate the ongoing criminal investigation of Burisma Holdings Limited, as well as to stop the investigation and avert the prosecution of his son—Board Director Hunter Biden.
Various sections of the U.S. Code describe this official behavior as criminal and, therefore, subject to prosecution as well as disqualification to hold public office in the US government. Given the extreme seriousness of Biden’s admitted crime and flagrant breach of the public trust, the Democrat POTUS nominee is effectively barred from running for any public office until his criminal case is properly prosecuted and adjudicated. Moreover, Biden’s premeditated concealment of his senatorial records further adds to this open-and-shut case which necessitates his permanent prohibition to hold public office.
CASE CLOSED!
Video of Joe Biden at the CFR (Council on Foreign Relations) smugly describing himself extorting then Ukraine President Poroshenko
(.mp4 video, running time: 1:02 minutes)
Footnotes
2 (a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.
(June 25, 1948, ch. 645, 62 Stat. 795; Pub. L. 101–510, div. A, title V, § 552(a), Nov. 5, 1990, 104 Stat. 1566; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.) ⇑
Tags: Date-2020-08-15, TheSwamp, Law, Democracy, America, CouncilOnForeignRelations, Ukraine
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