Thursday, November 02, 2023

Constitutional Shenanigans

Well, I wrote this, but didn't post it.  So let's start here:

If the looming government shutdown (there’s bound to be one between now and next November) doesn’t ruin the electoral chances of the GOP, this will:

After presenting two checks from when Biden wasn’t president, Comer says it’s bribery
And not only bribery!
Comer: Loans are a way to not pay taxes. Tax evasion.
The perfidy is as plain as the nose on your face!
Records reviewed by The Messenger revealed that the payment — $200,000 — was made from Joe Biden to James Biden in 2018, when the president was a private citizen. The payment came from an account maintained by Joe Biden's attorney. James Biden paid that loan back, with no interest, in just over a month. 
But there was more than just the $200,000 check. The records show in 2017, Joe Biden gave another short-term loan to his brother, sending him $40,000 from the same account maintained by his attorney. James Biden, again, repaid that loan without interest in just over a month, records show.
I don’t know how that’s bribery or tax evasion, but I look forward to the House explaining that to the American public. πŸ‡ΊπŸ‡Έ 

Is this a great country, or what?

 Except now I know that it isn't bribery. Not even close.

Count (No.) of the indictment charges the defendant (name) with bribery of a public official, which is a violation of federal law.

In order to find the defendant guilty of this offense, you must find that the government proved each of the following three elements beyond a reasonable doubt: First: That (name) gave, offered, or promised something of value, that is (specify thing of value) to (name of official);

Second: That (name of official) was, at that time, a public official; and

Third: That (name) did so corruptly with the intent to influence an official act, that is, (name) intended to give (specify thing of value) in exchange for an official act.

Sharp eyes will say "Wait! What about the definition of "public official"? Got ya covered:

The term “public official” means (a Member of Congress, or) an officer or employee or person acting (for) (on behalf of) the United States, or any department, agency or branch of the United States Government, in any official function, under or by authority of any such department, agency, or branch of government.
The term “public official” includes any employee of the United States government as well as any person who is performing work for or acting on behalf of the United States government.

As stated above, the loans were in 2017 and 2018, when Joe Biden was a private citizen.  And there's no evidence on the face of this record that the loans were made, or repaid by his brother, with the intent to give something of value in exchange for an official act.

I'm also a bit confused as to who is offering the bribe, and who is receiving it; since Biden loaned money to his brother, who promptly paid it back.  The person making the bribe is usually the person giving the money.  I say "usually" because we are somewhere through the looking glass with this already.  So did Biden's brother bribe Joe by...repaying the loan?

I don't even want to know how this well documented transaction constitutes tax evasion, though I'm sure Comer is going to with "money laundering" next.

Some said Comer announced he wasn't going to do any more impeachment hearings because he was secretly tired of having his head handed to him by the Democrats.  I can't wait for this one to go to the committee for a vote on articles of impeachment. 

(Sharp eyes will also note that impeachment is a political, not a judicial, process.  But aside from a few cranks in the Senate, who is going to vote to remove Biden from office on this "charge"?  I suspect, despite the Speaker's hint-dropping, this stuff will never make it out of committee.)


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