HIGH CRIMES AND MISDEMEANORS

Gavel Gamut By Jim Redwine

If you visit our country’s most hallowed military institution at West Point you will find America’s most infamous traitor, Benedict Arnold, is as reviled today as he was in 1780. Arnold had been one of General George Washington’s closet colleagues and was in command of Fort West Point when he plotted with British Major John André to surrender West Point to the British.

André was caught and hanged but Arnold escaped to England where he joined the British Army as a general and then engaged in battles against America. Such treachery is not easily forgiven. When you enter the venerable old Cadet Chapel at West Point you will find there is no mention of Arnold; his name has been removed from where others are displayed with honor.

If even now America has not forgotten what treason truly is you can imagine how the Framers of our Constitution felt when they wrote our Constitution only seven years after Arnold’s betrayal. When Article II, section 4 of the Constitution was drafted treason was the first reason given for impeachment:

“The President, Vice-President, and all civil Officers of the United States shall be removed from office on impeachment for and conviction of treason, bribery or other high crimes and misdemeanors.”

Article I, section 5 gives the House of Representatives the sole power of impeachment and Article I, section 3, subsection 6 gives the Senate the power to try the charge of impeachment with a conviction, and subsequent removal from office, requiring a two-thirds vote.

We have had forty-five Presidents of which three have been impeached: Andrew Johnson (1865-1869); Richard Nixon (1969-1974); William Clinton (1993-2001); and now perhaps, Donald Trump (2017-?). Andrew Johnson and William Clinton were not convicted. Richard Nixon resigned. And Donald Trump’s situation is yet to be determined.

I do not know the significance of why America went from George Washington (1789-1797) to 1973 with only one presidential impeachment then has had two, and perhaps three, since then. My speculation is the bar for impeachment has been lowered from the behavior of a Benedict Arnold to a standard based on personality. Have we transitioned from treason to Tricky Dicky, Slick Willy, and, perhaps, Dodgy Donnie? If so, the cautionary statements of then-Representative Gerald Ford and the Founding Father and main architect of the Constitution James Madison may be worth considering. “An impeachable offense is whatever a majority of the Members of the House of Representatives says it is” (Ford), and we should be aware “Maladministration” [or its kin] is, “so vague a term [as] will be equivalent to a tenure during pleasure of the Senate.” (Madison).

A short-hand interpretation of these admonitions is that America should not allow itself to become a nation based on the fluctuating opinions of those in Congress but only upon a system of law as sought by those who crafted our Constitution.

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Decision Includes New Restrictions And Revisions That Will Better Protect Public Health And Non-Target Animals From Accidental Exposure

the U.S. Environmental Protection Agency (EPA) is announcing a more protective interim decision on sodium cyanide, the compound used in M-44 devices to control certain wild predators, primarily coyotes, as part of the re-registration review process required by the Federal Insecticide, Fungicide, and Rodenticide Act. After a careful review of the available information and extensive engagement with the U.S. Department of Agriculture (USDA), EPA is issuing a revised interim decision on sodium cyanide that includes new requirements to ensure the continued safe use of the device. The agency’s new requirements enhance protections by adding increased distances for device placement.

“EPA appreciates the commitment from USDA to work with the agency to ensure that there are safe and effective tools for farmers and ranchers to protect livestock,” said EPA Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Alexandra Dunn. “Through our discussions, we identified new restrictions that will raise awareness and create additional buffers around where M-44s are placed, which will reduce the potential for unintended impacts on humans, pets, and other non-target animals.”

“We rely on a variety of tools and techniques to meet our public service mission in the safest and most effective manner possible,” said Greg Ibach, Under Secretary for USDA’s Marketing and Regulatory Programs mission area. “The M-44 plays an important role in achieving that mission by protecting livestock and threatened and endangered species and helping to stop the spread of disease. I appreciate EPA’s recognition of that role and consideration of our input throughout this process.”

“NASDA appreciates the EPA’s continued steps to prioritize public safety and support American ranchers, as M-44 is an essential tool for guarding our nation’s livestock. NASDA members hold highly the responsibility of ensuring the viability of American ranches, therefore, improved guidelines for safety measures are always welcomed,” said the National Association of State Departments of Agriculture CEO Dr. Barbara P. Glenn.

“M-44s are an important tool for livestock producers and we applaud Administrator Wheeler and his team at EPA working with USDA to ensure that ranchers maintain access to this predator control device,” said Public Lands Council President Bob Skinner

“We sincerely appreciate USDA and EPA working together to ensure livestock producers have access to effective predator control, while also increasing public awareness and transparency,” said American Sheep Industry Association President Benny Cox. “Livestock producers face heavy losses from predators, amounting to more than $232 million in death losses annually. We are particularly vulnerable during lambing and calving, where we see the worst predation.”

“NCBA, and many of our affiliates such as the Oklahoma Cattlemen’s Association, appreciate EPA’s decision to retain the use of this important tool. Livestock producers have to contend with predation of livestock on a daily basis and having access to every tool in the toolbox allows our ranchers to continue to protect the herd,” said Ethan Lane, Vice President of Government Affairs, National Cattlemen’s Beef Association.