Monday, January 11, 2021

President Trump Must Immediately File A Declaratory Judgment Action to Vindicate Himself and Put an End to the Election Controversy and New Impeachment

President Trump Must Immediately File A Declaratory Judgment Action to Vindicate Himself and Put an End to the Election Controversy and New Impeachment

By Mario Apuzzo, Esq.

January 11, 2021


Impeachment of President Andrew Johnson

Attached find the Houses' Resolution advancing articles of impeachment introduced today, January 11, 2021, against President Donald J. Trump. The House will be voting on the resolution on Tuesday of this week. Should the House vote to move forward with the impeachment, President Trump must immediately file a declaratory judgment action in federal district court.   

The document alleges that President Trump committed a “high crime and misdemeanor” when he "incited violence against the Government of the United States." It also alleges that Trump “engaged in insurrection or rebellion against” the United States," an act prohibited by the Fourteenth Amendment. 

To support these assertions it alleges that as a lead up to the violence on January 6, 2021, President Trump "repeatedly issued false statements asserting that the Presidential election results were the product of widespread fraud and should not be accepted by the American people or certified by State or Federal officials."  It adds that "he reiterated false claims that 'we won this election, and we won it by a 'landslide.'"  It states that "in context," those misrepresentations along with his saying "if you don't fight like hell you're not going to have a county anymore," incited the crowd to enter the Capitol and interfere with the Joint Session of Congress on January 6, 2021.

The articles also refer to President Trump's January 2, 2021 telephone call to Georgia Secretary of State, Brad Raffensperger, during which it is alleged that he told him that he needed to "'find' enough votes to overturn the Georgia Presidential election results and threatened Secretary Raffensperger if he failed to do so."

Because of these factual allegations and because they serve as the foundation of the impeachment action, President Trump, as an interested party with standing, should immediately file a declaratory judgment action against Congress and the House of Representatives in federal district court under 28 U.S.C. §2201 and F.R.C.P. 57.  There exists a real live (not hypothetical) controversy between the House and him which a court of law needs to decide, for Congress will not resolve the issue given the results and disruption of the Joint Session on January 6.  The declaratory action would terminate the ongoing controversy regarding the integrity of the election.  He needs to ask that the court declare what his rights and obligations are respecting whether he lied to the American people regarding the 2020 election.  He needs the election factual findings and ruling of the court to defend himself in the impeachment proceedings.  In the action, he can challenge the votes in all the six or seven offending states.  He already has much of the information he needs right in the Texas lawsuit, other legal actions, and evidence which he was never given an opportunity to present in court.  Having proven that his claims of election irregularity were legitimate, he would be able to show that the impeachment has no factual foundation and thereby prevail in that regard. 

He should ask for a jury trial and for a speedy hearing.  He needs to ask for full discovery so that he can prove that he did not lie to the American people.  Depending on who wins and losses, the case must be fast-tracked to the U.S. Supreme Court.  All this needs to be done immediately so that the court findings can be used to stop Biden's inauguration on January 20.  Even if that inauguration cannot be stopped, Trump still needs the court's findings to stop the impeachment and for his future political career. 

Having proven in court that his representations regarding the integrity of the election are not false, there is no factual predicate to the articles of impeachment.  It also shows that he was fighting for the Constitution and the rule of law and not to incite violence against the U.S. Government.  Such a factual finding by a court will also show that President Trump is not "a threat to national security, democracy, and the Constitution." It will show that he did not "act[] in a manner grossly incompatible with self-governance and the rule of law."

President Trump should also join a count in the complaint to have the court declare that Senator Kamala Harris, born in California to parents who were temporarily in the United States and not U.S. citizens, at best is a Fourteenth Amendment "citizen" of the United States, but not an Article II “natural born citizen."  He has standing to assert that given that Joe Biden added Harris to his ticket to draw votes away from the Trump/Pence ticket.

Mario Apuzzo, Esq.
January 11, 2021


Copyright © 2021
Mario Apuzzo, Esq.
All Rights Reserved



ajtelles said...

Hi Mario,

From my layman's perch in El Paso, Texas where I am not a lawyer or play one on TV, I have a "wish" regarding "A Declaratory Judgment Action to Vindicate Himself" by President Trump.

> The document alleges that President Trump
> committed a “high crime and misdemeanor when he
> "incited violence against the Government of the United States."

> It also alleges that Trump
> “engaged in insurrection or rebellion against” the United States,"
> an act prohibited by the Fourteenth Amendment.

My wish is that he should use the language of the House Resolution for impeachment against Pelosi and Shumer explicitly and the whole bunch of coconuts, Democrat and Republican, who assert that President Trump “incited violence against the Government of the United States” on January 6, 2021.

He needs to state that the politicians, federal and state, need to be indicted or impeached or “fired” in the next election cycle for negligently colluding with the marxist foot soldiers who were provided with pallets of bricks which mysteriously showed up at street corners during their 7 months of insurrection.

President Trump should throw their words back at them and accuse the House and Senate Democrats of "high crimes and misdemeanors" and of being "engaged in insurrection or rebellion against the United States" because they are the shallow thinkers who defended the marxist/communist Antifa and Black Lives Matter foot soldiers of the marxist revolution for seven months of looting, burning, chaos and mayhem which included hitting women on the head with two by fours.

Of course, the Democrats did NOT encourage the marxist foot soldiers of the marxist revolution to commit insurrection just as the Republicans and President Trump did NOT encourage the marxist foot soldiers of the marxist revolution to masquerade as Trump supporters with MAGA hats, MAGA shirts, MAGA flags and MAGA insignia and, as an Antifa post stated, even wearing police clothing and gear if they could find them.

See, if the words "high crimes and misdmeanors" and "insurrection" are good 'nuf for the Democrat "lies" to use against President Trump's "truths" for stating that he wanted to “Stop the Steal”, the words are good 'nuf for President Trump's truths to use against the Democrat lies until they tell the truth about who the thugs were who rioted at the Capitol on January 6, 2021.

President Trump and his defenders should just use the language of the anti-Trumpers back at them… every time. Don’t even think about it and rephrase a response, just use the same language. It works every time it’s tried, and their only response is, “uh, uh”.


mtngoat61 said...

We must learn from history:

“We do not argue with those who disagree with us, we destroy them.”― Benito Mussolini – (originally a socialist and communist) who became the Fascist dictator of Italy prior to WWII.

He was the founder of the Fascist from of government in Italy in which big business oligarchs and the government partnered and worked hand in hand to suppress and censor all political opposition.

With the now open collaboration of big tech oligarchs, big media, and big government to suppress, censor, cancel, and de-platform political opposition and debate, we our rapidly moving towards a Fascist form of government.

ajtelles said...

Hi Mario,

Relative to the false flags efforts of the Antifa and Black Lives Matter marxist/communist foot soldiers of the marxist revolution, on Joshua Philipp’s Crossroads YouTube channel, a few minutes ago I saw this interview with war correspondent Michael Yon in which he mentions the CCP, the Chinese Communist Party.


At about 03:30 Michael mentions the Antifa handbook, wearing the clothing of the enemy, and waving the Trump flags, false flag activity.

From a different video which I saw earlier today, wearing the enemy clothing included wearing MAGA hats backwards as a signal to other Antifa wolves in sheep's clothing.

At about 09:22 Michael clarifies that a visible symbol to other insurgents is the four letters “acab”, which means “all cops are bastards”. Pro-Trump supporters would NOT have that word on their hats.

At about 18:20 Michael mentions that the CCP is "neck deep in this".

At about 19:05 he says that "the enemy is CCP and some others who are organic to the United States".

I remember seeing a Twitter comment sometime last February or March or April 2020 (I’ve seen it more than once) in which the lady posting the tweet quoted somebody saying to a group of people in Mandarin Chinese very late at night that they had to leave Lafayette Square disturbance immediately.


mtngoat61 said...

A good YouTube video that explains what is really going on re Fascism. I wonder how long YouTube will let this stay up.

Leftists Sell Out, Congratulating Billionaires for Fascist Depravity:

CDR Kerchner (Ret) --

mtngoat61 said...

Mario: Here is a link to a suggested lawsuit and legal action written by some other constitutional attorney that wishes to remain anonymous that I was asked to relay it to you and President Trump's legal team. I have already sent a link to it to the White House. If anyone reading this has direct connections to Trump's legal team, please forward this link and suggestion to them:

P.S. Mario, I put it on my website so I could easily get it to your attention via your blog comments, if you wish to circulate this suggested lawsuit, if the world is not already aware of this suggestion via other venues. I will also email a PDF copy to your email address. If you wish you can delete this comment. If you post this comment with the link, please delete this P.S. personal comment to you.

mtngoat61 said...

A hyperlink to a very good YouTube video (if it is still allowed to be up by the big tech oligarchs) on how the far-left via the major media, big-tech, and the big government deep-state is projecting onto Patriots exactly who they themselves are ... FASCISTS. Video link: Leftists Sell Out, Congratulating Billionaires for Fascist Depravity:

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA

mtngoat61 said...

World Leaders Denounce Big Tech Censorship of President Donald Trump:

Ray76 said...

I'm interested in any thoughts you may have regarding Leo Donofrio's three posts at discussing obtaining a writ of quo warranto as a solution to the disputed election.

And it's good to read your new posts!

RodCrosby said...

What about this?

Mario Apuzzo, Esq. said...

The House Democrats want to impeach President Trump not for what he actually said and whether he knowingly, purposefully, or recklessly caused through those words the violence and illegal entry to the Capitol, but rather on their politically motivated interpretation of his words and on what subsequently happened regardless of whether anything he said actually caused those events.

Mario Apuzzo, Esq. said...

These are the Republican members of the House of Representatives who voted affirmatively for impeachment: Reps. Liz Cheney (Wyo.), Anthony Gonzalez (Ohio), Jaime Herrera Beutler (Wash.), John Katko (N.Y.), Adam Kinzinger (Ill.), Peter Meijer (Mich.), Dan Newhouse (Wash.), Tom Rice (S.C.), Fred Upton (Mich.), and David Valadao (Calif.) voted to impeach.

So, now the Republican Party knows who it has to remove from its ranks to assure that the party continues to stand for constitutional and honest government.

Also, Trump needs to immediately file his declaratory judgment action so that he will have an opportunity to prove his position that the election in the six or seven offending states was not properly conducted and hence he did not "lie" to the American people. He can also ask for a jury finding that nothing he said or did was a proximate cause of the Capitol violence.

Mario Apuzzo, Esq. said...

I have deleted both my Twitter and Facebook accounts.

Among so many other things, I do not like someone censoring the President of the United States.