Friday, January 20, 2017

Theft of Consent: An Impeachable Offense, With Protections and Extensions

Impeachable Offense:  Misrepresentations as Theft of Voter Consent

Update January 2016; issue raised 2008,

Fifteen minutes left.
Swearing-in. Here, theft of consent.
False statements, fake news.

RF  hacks, makes contacts.
But investigations halt
If Prez tweets it so.

Political speech
Does not excuse lies, hidden
Welcome to the barn.
(Gag). Swamp moved to insiders.
Protect voting, Trump.

December 2013 amendments.  

Theft of consent * shall be defined as any act by any elected official intended to conceal, distort, misstate facts reasonably needed for voters or legislators to approve, condone, or consent to legislative actions or legislative proposals or implementation of such.  Where the reasonably foreseeable consequences of proposed legislation depend on the uncontrollable acts of third parties,  such that their choices of action can substantially alter the anticipated result or impact, such shall be given great weight in the determination of "intent."  Theft of consent, shall be deemed to be within the Constitutional time, place and manner exceptions to First Amendment rights.; and, at such time as political speech is deemed to be consonant with commercial speech (the sale of a candidate or party position, etc.) the restriction of theft of consent shall be deemed to be within Constitutional requirements of truth in labeling.

Notwithstanding the foregoing, in cases substantially involving national defense, foreign policy, or other bipartisan interest matters reasonably requiring that degree of secrecy needed to find facts and advance and negotiate positions, such issues shall be rebuttably presumed to be properly processed through the FISA Court. The value of secrecy and confidentiality in some matters, definitions difficult, is recognized but shall not be non-reviewable, this being a true bipartisan Gordion Knot.

Any elected official Committee Chair who, or whose Committee member(s), leaks secret information whether or not garnered through that Committee's activities, and intended to affect voter understanding of the issues in a partisan way, such as by releasing partial transcripts or other records not completely revealed, shall be removed from his or her position as Committee Chair.

Theft of consent shall also apply to any state or federal member of either senate or house of representatives, who engages in material misrepresentation by website or other communications with constituents, the content of legislation under discussion, for purposes of persuading constituents against it and without presenting a full counterproposal; or for purposes of fostering conduct disrupting communications at town halls held by either party, or other gatherings on the issue. 

Theft of consent shall be an impeachable offense, or cause for removal for office, such proceedings to be conducted on an expedited basis, subject to the requirement that third party actions affecting consequences shall inure to the benefit of the charged official beyond whose purview the third party acted.

Any impeachment or removal action commenced pursuant to this section may be suspended by the official's later revelation, restatement, apology or other disclosure of facts.

This specific section provides for the right to impeach, for theft of consent, as a civil, not criminal remedy, such that a preponderance of the evidence shall suffice to prove an element of the case; and punitive damages may be assessed in addition to any actual damages, acknowledging that actual damages are difficult to calculate. This difficulty shall not preclude punitive damages.

This section shall not preclude further legislation providing for theft of consent to be a criminal offense as well. A criminal action brought first in time and which fails to establish guilt by the criminal standard of beyond reasonable doubt, shall in no way preclude a later civil action.

* Theft of consent:
See PoseJuxta, Glossary, Theft of Consent. Glossary here; see also PoseJuxta, Corpus Meus, Law of Inviolability;

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