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Usurpers are arrested and removed, they don’t even qualify for the impeachment

Posted on | July 4, 2009 | 8 Comments

Arresting Pakistan’s Musharraf

JURIST Contributing Editor Ali Khan of Washburn University School of Law says that Pakistan’s newly-elected Parliament is authorized to pass an Emergency Bill to arrest Pervez Musharraf, charge him with treason, and prosecute him under Article 6(1) of the Constitution in his capacity as a usurper, not a lawful president subject to potential impeachment…

Pervez Musharraf, who usurped power in Pakistan on November 3, 2007 by virtue of his Proclamation of Emergency, refuses to relinquish the office of the President, an office he unlawfully occupies against the will of the people and contrary to the Constitution of Pakistan. This essay argues that if Musharraf does not voluntarily vacate the Presidency, Pakistan’s newly-elected Parliament is authorized to pass an Emergency Bill to capture him, charge him with treason, and prosecute him under Article 6(1) of the Constitution, under which: “Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.”

Arresting Pervez Musharraf will establish the sovereignty of the Parliament, fulfill the demands of justice, and restore the rule of law for which the judiciary and lawyers of Pakistan have paid a heavy price. Any compromise with Musharraf that keeps him in office might please foreign constituencies. But it will be lethal for democracy and constitutionality in Pakistan. Any such compromise will encourage future military coups. The time has come for Pakistan to show to the world that a fearless democracy can remove usurpers in a strong but lawful manner.

Incarceration, not Impeachment

Article 47 of the Constitution of Pakistan furnishes a procedure to impeach the President. The President is impeached if he violates the Constitution or engages in gross misconduct. The National Parliament comprised of the Senate and the Assembly investigates the charges. During the investigation, the President has the right to appear before the joint sitting of the two Houses. If, after investigation of the charges, a two-thirds majority of the Parliament passes an impeachment resolution, “the President shall cease to hold office immediately on the passing of the resolution.”

This impeachment procedure, however, presumes that the President has been duly elected according to the constitutional framework. Article 47 cannot be invoked to impeach any person who claims to be the President. Any such broad reading of Article 47 collapses the distinction between lawfully elected President and usurper who occupies Presidency through constitutional subversion. Accordingly, any impeachment proceedings against Musharraf will unwittingly concede that he lawfully holds the Presidency. Even if the impeachment proceedings succeed and Musharraf leaves office, the Article 47 procedure will have been misapplied.

Usurpers are arrested and removed. They are not investigated and impeached. Pakistan’s newly elected Parliament must not ignore this important constitutional distinction.

Usurper, not President

It might be argued that Musharraf is indeed the President of Pakistan since the outgoing electoral college of National and Provincial Parliaments elected him to the office of the President on October 6, 2007. This argument is without merit.

Recall that in October, 2007 the Pakistan Supreme Court had allowed the holding of the Presidential election. The Court ordered, however, that results of the election must not be released until the Court has first considered on merit the challenges to Musharraf’s candidacy for the office of the President. At the time, Musharraf was simultaneously holding two offices, one that of the President and the other that of the Army Chief. A panel of the Supreme Court heard the case for several weeks. Musharraf’s lawyers submitted to the Court’s jurisdiction and forcefully argued that Musharraf was qualified to contest the Presidential election.

On November 3, a day or two before the Court was to render its verdict, Musharraf engaged in preemptive self-defense and proclaimed emergency. Under the Proclamation of Emergency, thirteen judges of the Supreme Court were unlawfully fired and arrested. Unconstitutionally, a brand new Supreme Court packed with pro-Musharraf judges, was reconstituted. Musharraf took all these extra-constitutional measures to avert a possible negative Court verdict that would have disqualified him and nullified the October 6 election.

On November 3, Musharraf himself relinquished the office of the President and became the Army Chief. Recall that Musharraf suspended the Constitution in his capacity as the Army Chief, not President. Furthermore, by subverting the Constitution and unlawfully preempting the Supreme Court verdict, Musharraf ceased to be the lawful President. Even after the restoration of the Constitution and despite a favorable decision from a rubber stamp Supreme Court, Musharraf’s occupancy of the office of the President continues to be unlawful and illegitimate. By turning the Constitution off and on at will, Musharraf cannot profit from his wrongs. From November 3 onwards, Musharraf is no longer the President but an unlawful usurper and trespasser of the office of the President.

Removal by incarceration and not impeachment is the proper constitutional treatment for usurpers.

Ali Khan grew up in Pakistan and is a law graduate of Punjab University, Lahore. He is currently a professor at Washburn University School of Law in Kansas. His publications are available here.

Category: Uncategorized

Comments

8 Responses to “Usurpers are arrested and removed, they don’t even qualify for the impeachment”

  1. tainlere
    July 4th, 2009 @ 4:42 pm

    Geez, then why cant our military, grand jury just oust obama. Let’s say he shows a birth certificate and it is legitiment……. he still has commited fraud and treason, not to mention what he has done to our constitution.

  2. queenofshina
    July 4th, 2009 @ 6:56 pm

    Our Citizens’ Grand Juries should show up in Congress with indictments for ALL THOSE MEMBERS OF CONGRESS who have willfully and deliberately violated our Constitutional rights in their legislative acts (gun control, attempting to grant amnesty to illegals, taking over GM, banks, etc.), squandered our tax dollars on pork repeatedly, and abused their privilege of office, (Pelosi’s plane) etc. Then the citizens should charge them with TREASON and/or MALFEASANCE OF OFFICE, make a Citizens’ arrest by bodily removing them for the sole purpose of incarceration.

    I’ll bet we’d get some attention from the other remaining members of Congress as well as our so-called “Justices” who are incapable of doing anything. In fact, I’ll bet they’d break their necks trying to scurry around to do something about the Obama issue.

    What good are all these “rights” if we can’t or won’t use them? Since we don’t make any headway working from the top down (Obama), let’s get at them from the bottom up (Congress, Holder, clerks who censor and screen at their discretion, et al).

    Look at the harassment Palin went through with the frivolous ethics charges. We can start our own brand of “honorable harassment”. Ours is for a good cause and is more than justifiable based on the corruption and lunatic legislation coming out of there!

    We need an update on the Citizens Grand Jury indictment. What’s the next step?

  3. Monroe
    July 4th, 2009 @ 7:38 pm

    And orly you are the WORST of the bunch… I hope they convict you of treason and HANG YOU.

  4. Jack Ryan
    July 4th, 2009 @ 8:05 pm

    “We need an update on the Citizens Grand Jury indictment. What’s the next step?”

    Just keep doing them over and over again and serving them to more and more people.

  5. queenofshina
    July 4th, 2009 @ 9:00 pm

    Well, Monroe…is that all you can say? Probably yes, because that sums up about all you know! You obviously know nothing! I repeat: NOTHING! Since when is seeking the truth “treasonous”?

    Go back to your room and do your homework, Monroe. You must have failed your civics or social studies classes. Your ignorance of our Constitutional rights and form of government are showing. And that misplaced loyalty of yours to a man who refuses to show his credentials and whose associates are a known Communist terrorist revolutionary, (Bill Ayers), a felon (Tony Rezko) Blago, (impeached) another Commie (Frank Marshall Davis) not to mention America-hater Jeremiah Wright are disgusting.

  6. Sherry Piles
    July 4th, 2009 @ 9:00 pm

    when it is time to go to the hill again we need to have news people there and or a citizen camera person or crew…just a thought.. a picture is worth a thousand words….that article i just read from the huffy bloat is a typical left wing rant omg…the way they try and discredit truth is amazing…..also just thought we need to form a group of military and police personal willing to go there to make a citizens arrest…plausible??? Michele Bachman is my hero…from day 1 if you served her I know she will press but the power above her is limited by the committe head…I believe…also we could always do like all states have a right to do and that is a recall of all senators and congressman.. I believe it was Louisianna did it with 1000 signatures its a 180 day wait but that may get these outright theives of office serious attention…they sure dont represent me……..

  7. Jason Leverette, USA
    July 5th, 2009 @ 7:26 pm

    Monroe,
    You need to read the “Monroe Doctrine.” This bit of info will introduce you to a bit of history about treason and fraud…and threatening statements as yours, will get YOU HANGED, Monroe…If the Lady wanted to press charges!

    July 4, 2009 at 7:38 pm
    “And orly you are the WORST of the bunch… I hope they convict you of treason and HANG YOU.”

    The ‘truth will make you free’…look it up in the Bible, Monroe, if you know what a Bible is! If not, you can try wikipedia.

    BTW, why in bloody hell are you in Dr. Orly Taitz’s blog spewing your socialist filth?

    Semper Fi,
    Jason Leverette
    Al State Dir.

  8. Steve Marquis
    July 17th, 2009 @ 9:06 pm

    Many people, perhaps even most people are fuzzy on this.
    Unless Obama shows up with a birth certificate identifying currently unknown American citizens and his parents, then even a certificate showing a Hawaiian hospital as birthplace cannot extricate him from his alleged British/Kenyan dial citizenship – a condition that precludes the tighter definition of being a “Natural Born Citizen.” The founding fathers wished to have a hedge about that key office, holding as it does the military power. They wanted a home boy, with BOTH American citizens as parents to acculturate him with not likelihood of foreign loyalties. Of course there are no guarantees. Heck half of congress seems to be infected these days with the bubonic plague of communism and debauchery. But anyway, that was their hope; to give this nation it’s best shot at survival.

    Remember – Born on US soil (not just occupied temporarily) of Both US parents. That is the clear recipe.
    For more information see: peoplespassions.org