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UNITED STATES CODE: Joe Biden is permanently disqualified from holding any public office in the U.S. Federal Government

17-8-2020 < SGT Report 32 936 words
 

from State Of The Nation:


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 as a bribe to threaten the Ukraine government 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:





Federal 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”.



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.



Source: https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act#:~:text=The%20Foreign%20Corrupt%20Practices%20Act,in%20obtaining
%20or%20retaining%20business.




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.





(a) Inducement or coercion of benefits. An employee shall not use or permit the use of his Government position or title or any authority associated with his public office in a manner that is intended to coerce or induce another person, including a subordinate, to provide any benefit, financial or otherwise, to himself or to friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity.





Here’s a screenshot 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.



Source: https://www.law.cornell.edu/cfr/text/5/2635.702




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.


18 U.S.C. § 201 proscribes bribery and the acceptance of certain gratuities. The U.S. Supreme Court in United States v. Sun-Diamond Growers of California526 U.S. 398, 404-405 (1999), describes the two crimes as follows:


“The first crime, described in § 201(b)(1) as to the giver, and § 201(b)(2) as to the recipient, is bribery, which requires a showing that something of value was corruptly given, offered, or promised to a public official (as to the giver) or corruptly demanded, sought, received, accepted, or agreed to be received or accepted by a public official (as to the recipient) with intent, inter alia, ‘to influence any official act’ (giver) or in return for ‘being influenced in the performance of any official act’ (recipient). The second crime, defined in § 201(c)(1)(A) as to the giver, and § 201(c)(1)(B) as to the recipient, is illegal gratuity, which requires a showing that something of value was given, offered, or promised to a public official (as to the giver), or demanded, sought, received, accepted, or agreed to be received or accepted by a public official (as to the recipient), ‘for or because of any official act performed or to be performed by such public official.’


The distinguishing feature of each crime is its intent element. Bribery requires intent ‘to influence’ an official act or ‘to be influenced’ in an official act, while illegal gratuity requires only that the gratuity be given or accepted ‘for or because of’ an official act. In other words, for bribery there must be a quid pro quo a specific intent to give or receive something of value in exchange for an official act. An illegal gratuity, on the other hand, may constitute merely a reward for some future act that the public official will take (and may already have determined to take), or for a past act that he has already taken.”


The U.S. Office of Government Ethics does not render opinions on 18 U.S.C. § 201, but may provide links to relevant information about the topic, when appropriate.


The screenshot posted below was taken from: https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act


Read More @ StateOfTheNation.co



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