The Becker Report – August 2020

Beckerisms

It’s time to Impeach Governor Mike DeWine

The 10 Articles of Impeachment can be found at ImpeachDeWine.com

After all other avenues have been exhausted, it is finally time to turn to the last resort – Impeachment. Many believe that it hasn’t come soon enough.

Governor DeWine has violated the Ohio and United States Constitutions, as well as multiple sections of the Ohio Revised Code. Among his abuses of power, he meddled in the conduct of a presidential primary election and arbitrarily closed certain businesses, while allowing other businesses to remain open. He later instituted a statewide mask mandate, implementing that requirement as a condition of employment, making Ohio a hostile work environment. The mandate also extended to congregants at places of worship, forcing citizens to choose between worshipping their God and worshipping at the altar of unbridled government. Many Ohioans find the mask mandate offensive, degrading, humiliating, and insulting. There is also evidence that masks can be hazardous to one’s health. Gov. DeWine doubled down when he expanded the mandate to our school-age children, who are less susceptible to COVID-19.

I kept holding out hope that we wouldn’t get to this place. For months and months, I’ve been hearing the cries of my constituents and of suffering people from every corner of Ohio. They keep screaming, “DO SOMETHING!” They are hurting. Their businesses are declining and depreciating. Their jobs have vanished. The communities that have sustained their lives are collapsing, and becoming shells of what they once were.
Living in fear, many have turned to drugs and yes, even suicide, to end or tolerate the unbearable pain inflicted by the governor upon their livelihoods, and the damage caused by his unraveling of the fabric of Ohio. It is long past time to put an end to government gone wild.

With deaths and hospitalizations from COVID-19 flattened, the Governor continues to press his boot on the throat of Ohio’s economy. Due to the unilateral actions of Governor DeWine, a growing number of businesses have failed and continue to fail. Millions of frustrated, exasperated, and suffering Ohioans are relying on the General Assembly to take control and end their government-driven affliction.

Polling – Does the general public support impeaching Governor DeWine?

According to a Columbus ABC6/Fox28 poll, 83% of the 18,420 participates voted to impeach Governor DeWine.
As of this writing, the MahoningMatters.com poll shows 73% to impeach DeWine as of this writing. If it’s still open. Vote at MahoningMatters.com.
A Vindy.com poll showed 72% support to impeach DeWine. Other polls are also showing high support for impeachment. This one appears to still be open: strawpoll.me/20825770 and is at 93% support for impeachment as of this writing.

Who is supporting DeWine?

The establishment (swamp) obviously; but based on my read of the calls and emails from DeWine’s supporters, the common theme is that they hate me and they hate President Trump. They are nearly all Democrats, never Trumpers, and liberal Republicans. Conservatives and liberty loving Ohioans appear to overwhelmingly be in favor of impeachment.

What are Governor DeWine’s supporters saying? Are they wrong?

Governor DeWine’s supporters claim that he is saving lives. He’s listening to the health professionals and he’s following the science.
If you net out the suicides, depression, and despair from isolation and loneliness that Governor DeWine’s policies have caused, many would argue that his policy prescriptions have been counterproductive. Governor DeWine’s “cure” has been much worse than the disease.

Some State Representatives are arguing that impeachment is the last resort and that we need to try to work with the governor legislatively.

Well, how has that been working out so far?

  • Has the Senate scheduled a veto override vote for SB 55? It reduces the draconian penalties for violating the Ohio Department of Health (ODH) orders.
  • Has the Senate scheduled a conference committee hearing for SB 1 that the governor has promised to veto? It allows ODH orders to stay in place for 14 days unless the Joint Committee on Agency Rule Review (JCARR) approves an extension.
  • Are enough votes available in either chamber to override any veto?
  • What about the governor’s promise to veto any bill, such as HB 618, that limits the power that’s he’s been abusing?

Nothing has worked. Impeachment is the next step. It only requires 50 of 99 votes in the House and then 22 of 33 in the Senate for removal from office.

Is this really the priority that the legislature should be working on?

Yes. We are a government of the people by the people for the people and we need to take that responsibility seriously. If we don’t support the constitution and the rule of law, then the foundation of our government is at stake.

Does impeaching a governor create a constitutional crisis?

The process of impeachment is clearly explained in Article II, Sections 23 and 24 of the Ohio Constitution.

The house of Representatives shall have the sole power of impeachment, but a majority of the members elected must concur therein. Impeachments shall be tried by the senate; and the senators, when sitting for that purpose, shall be upon oath or affirmation to do justice according to law and evidence. No
person shall be convicted without the concurrence of two-thirds of the senators.

Ohio Constitution Article II, Section 23

The governor, judges, and all state officers, may be impeached for any misdemeanor in office; but judgment shall not extend further than removal from office, and disqualification to hold any office under the authority of this state. The party impeached, whether convicted or not, shall be liable to indictment, trial, and judgment, according to law.

Ohio Constitution Article II, Section 24

Huh? Impeachment can only be for misdemeanors??? What about felonies?

Felonies are also impeachable. Additionally, simple incompetence is impeachable. To understand this, the definition of “misdemeanor” must be understood in the context of the times in which it was written. Let’s examine how “misdemeanor” was defined in the 19th century:

MISDEME’ANOR, noun: Ill
behavior; evil conduct; fault; mismanagement. 1. In law, an offense of a less atrocious nature than a crime. Crimes and misdemeanors are mere synonymous terms; but in common usage, the word crime is made to denote offenses of a deeper and more atrocious dye, while small faults and omissions of less consequence are comprised under the gentler name of misdemeanors.

Webster’s 1828 dictionary

The constitutional process of impeachment does not create a constitutional crisis. It solves one.

Okay. What creates a constitutional crisis?

  • A constitutional crisis is when a governor cancels an election under threat of criminal charges up to 90 days in jail and a $750 fine.
    • Governor DeWine conceded that he did not have the authority to cancel an election. He argues that he didn’t cancel the election. He simply ordered all of the polling locations closed statewide so that nobody could vote. And that’s different in what way?
  • A constitutional crisis is when a governor reschedules an election.
    • He argues that he didn’t reschedule the election. He simply scheduled what day polling locations could open statewide for people to vote. And that’s different in what way?
  • A constitutional crisis is when a governor places nearly 12 million Ohioans under 24/7 house arrest (with a list of government approved exceptions) under threat of criminal charges up to 90 days in jail and a $750 fine.
  • A constitutional crisis is when a governor assumes dictatorial powers.
  • A constitutional crisis is when a governor violates the separation of powers doctrine by creating new law via the Ohio Department of Health.
  • A constitutional crisis is when a governor arbitrarily and capriciously picks winners and losers amongst businesses and decides which ones can operate at what capacity and what business hours under threat of criminal charges up to 90 days in jail and a $750 fine.
  • A constitutional crisis is when a governor prohibits hospitals, doctors, dentists, et al from treating patients for elective and preventive care under threat of criminal charges up to 90 days in jail and a $750 fine.
  • A constitutional crisis is when a governor orders schools to close without regard to the authority of the state school board under threat of criminal charges up to 90 days in jail and a $750 fine.
  • A constitutional crisis is when a governor orders the general public to wear face coverings without regard to civil liberties under threat of criminal charges up to 90 days in jail and a $750 fine.
  • A constitutional crisis is when a governor orders congregants in houses of worship to wear face coverings under threat of criminal charges up to 90 days in jail and a $750 fine.
  • A constitutional crisis is when a governor holds business licenses hostage and requires employees to wear face coverings hence creating a hostile work environment and under threat of criminal charges up to 90 days in jail and a $750 fine.
  • A constitutional crisis is when a governor violates the commerce clause of the US Constitution by prohibiting the people of Pennsylvania from purchasing liquor in Ohio under threat of criminal charges up to 90 days in jail and a $750 fine.
  • A constitutional crisis is when the General Assembly commits nonfeasance by failing to impeach a governor for multiple crimes including violations of the US and Ohio Constitutions.
  • A constitutional crisis is when the General Assembly commits nonfeasance by failing to impeach a governor for multiple transgressions of misfeasance and malfeasance in office.

What crimes has Governor DeWine committed?

I don’t have an exhaustive list, but the following is enough to get started:

  • A violation of civil rights is a crime according to Ohio Revised Code 2921.45. Arguably, Governor DeWine has violated ORC 2921.45 multiple times.

(A) No public servant, under color of his office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right.
(B) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.

Ohio Revised Code 2921.45
  • Cancelling the March 17, 2020 election violated ORC 3501.01.

…In years in which a presidential primary election is held, all primary elections shall be held on the third Tuesday after the first Monday in March except as otherwise authorized by a municipal or county charter.

Ohio Revised Code 3501.01 (E) (2)
  • Likewise, rescheduling the illegally cancelled election to June 2, 2020 was the second violation of ORC 3501.01.

What about the politics of impeaching Governor DeWine? Where does the Ohio Republican Party stand?

It is despicable that anyone who considers themself to be conservative would make an attempt to impeach Governor DeWine.

Ohio Republican Party Chairman, Jane Timken

Unfortunately, this sounds familiar. Remember when Hillary Clinton called Trump supporters “deplorable”? And now conservatives who stand up for the rule of law, for liberty, and against tyranny are “despicable.” We’ll, it appears that the Ohio Republican Party believes that quoting Daffy Duck and insulting the conservative base of the Party will help to get our Republican candidates elected in November. I hope that works out.

Some have argued that the Articles of Impeachment should have waited until after the election to maintain Party unity.

The people I’ve been hearing from aren’t thinking about politics when they’ve lost their jobs or when their businesses have failed because of Governor DeWine. My answer to the people making that argument is to:

  • Tell that to the hurting people who have just lost a family member to suicide because of the depression, despair, and loneliness that Governor DeWine has inflicted upon them.
  • Tell that to the people who have invested their life savings and their heart and soul into a business that Governor DeWine put out of business.
  • Tell that to the million or so Ohioans who have lost their jobs and suffered the additional indignity of being unable to reach the Ohio Department of Job and Family Services (ODJFS) to handle their unemployment claims.
  • Tell them all to just hang in there for a few more months until we get this election behind us.
  • Yeah, let me know how that works out.

Furthermore, maybe the people making that argument should consider why so many people hate politics, hate politicians, and hate the establishment (swamp).

Okay, Becker. The swamp creatures claim that you are only doing this for your own political benefit.

Well, I’m in my fourth and final term as a State Representative. Term limits prevented me from running again. My name is not on the ballot this November. My largest donor let me know that he isn’t happy. Another big name donor in Clermont County told me to never reach out to him again.
Help me to understand how this is helping me politically.

Give us the bottom line. What is this all about?

It’s about the hurting people of Ohio. It’s about my constituents begging me to DO SOMETHING! It’s about liberty versus tyranny. It’s about the rule of law. It’s about a State Representative stepping up to end the madness and restore a (small r) republican form of government. Although it’s too late for many, it’s about time for the people to take back their government. That’s what this is all about.

Okay. That’s all fine and good, but the Speaker has made it clear that he does not support any impeachment effort.

That’s why it is imperative that the people get involved and become engaged in the process. When politicians fail to see the light, they can feel the heat. If in large numbers, the citizenry, forcefully and relentlessly, puts pressure on their State Representatives, then change can happen. It is up to the people of the great state of Ohio to take back their government. They can start by visiting ImpeachDeWine.com.

Articles of Impeachment – Summary

The Articles of Impeachment can be found at ImpeachDeWine.com. The below is a quick summary:

Preamble
The preamble sets the stage. It explains some history, definitions, and the constitutional references for impeachment. In my opinion, it is the most interesting part of the document.

Article I
The first article is about one-man rule and the separation of powers doctrine.

Article II
Governor DeWine illegally cancelled the March 17, 2020 election.

Article III
Governor DeWine illegally rescheduled the March 17, 2020 election to June 2, 2020.

Article IV
This article is about illegally, arbitrarily, and capriciously shutting down businesses and healthcare facilities.

Article V
Article V is for illegally shutting down schools, requiring face coverings and due process.

Article VI
This has to do with incompetence with regard to acting on wildly inaccurate COVID-19 forecasts. Yes, incompetence is an impeachable offense. See the preamble.

Article VII
This article is mostly for illegally placing nearly 12 million Ohioans under house arrest, due process, and violating ORC 2921.45.

Article VIII
Article VIII is for illegally violating the free exercise of religion and threatening worshipers with a penalty of 90 days in jail and a $750 fine for attending religious services without a face covering.

Article IX
Governor DeWine illegally violated civil liberties by requiring the general public to wear face coverings and made Ohio a hostile work environment.

Article X
This article is because Governor DeWine illegally prohibited the people of Pennsylvania from purchasing liquor in Ohio. This violates the commerce clause.

Becker Bills in the Ohio House of Representatives

HR 55 – Build the Wall. This resolution urging congress to fund a physical barrier across the southern border has been assigned to the Transportation Committee and has had one hearing.
HB 39 – Replica Vehicles. John Patterson asked me to do this bipartisan bill with him. It creates a special category for these unique vehicles. It is in the Transportation Committee.
HB 153 – Working Officials Requirements Key (WORK) Act. This bill requires county elected officials to show up at their office at least five times every 30 days. It is in the State and Local Government Committee and has had two hearings.
HB 176 – Convention and Visitors’ Bureaus. This is a bill I’m doing with Tom Brinkman. It requires open records.
HB 182 – Abortion Insurance Coverage. The bill stops insurance companies from paying for abortions. It does not apply to self-insured private companies nor does it prevent any company from directly contracting with an abortionist. It has been assigned to the Insurance Committee and has had its first hearing.
HB 219 – Sunday Alcohol, Liquor, and Especially Spirits Act (SALES). I’m doing this bill with Representative Jim Hoops. In short, HB 219 removes the Sunday option. All businesses currently allowed to sell alcohol during the week will also be allowed Sunday sales. Voters retain the option to vote their precinct dry. It has been incorporated into HB 674 and requires no further action.
HB 389 – Allows nonprofit organizations to give away alcohol for fundraising purposes. John Rogers reached out to me to do this bipartisan bill. It simply legalizes the common practice of churches raffling off booze at fundraisers.
HB 505 – Restores local control for zoning authority of halfway houses. This is a bipartisan bill. Representative Crossman asked to be part of it.
HB 538 – Human Life Protection Act – Upon the reversal of Roe v. Wade, Ohio becomes a pro-life state.
HB 618 – Need Ohio Working – (NOW) – This bill reopens Ohio for business and prevents the abuse of power from happening again. It has been assigned to the State and Local Government committee.
HB 674 – Revises alcohol laws. Brett Hillyer and I teamed up to get this passed. The bill incorporates HB 219 (SALES) and other reforms. It passed the Ohio House and was referred to the Senate Committee on Agriculture & Natural Resources, chaired by Sen. Frank Hoagland.

Video Central

BeckerGOP YouTube Channel

Introduction of the 10 Articles of Impeachment against Governor Mike DeWine – August 24, 2020 (33 minutes)
Update on impeachment – August 27, 2020 (16 minutes)
State Representative, John Becker speaking at the Unifying Ohio for Liberty rally – August 29, 2020 (22 minutes)
The Becker Report – August 2020 (15 minutes)

Other Videos
Tucker Carlson: Doctor Simone Gold Fired from Hospital After Attending ‘White Coat Summit’ (4 minutes)
The Truth: VERNON JONES – Black American Hero – Educates MSDNC (9 minutes)
The Officer Tatum: Will 1000s Protest Masks in the USA like they did in Germany? (12 minutes)
Ben Swann: New CDC and WHO Study Proves “No Evidence” Face Masks Prevent Virus (14 minutes) – CENSORED by Facebook
PragerU: Does College = Success? (5 minutes)
PragerU: Chaos in Portland (4 minutes)
Best Argument for Trump 2020 (6 minutes)
I like this guy. An attorney and a pastor analyzes and explains COVID-19 at Sunday mass. (27 minutes)
PragerU: Do We Have to Destroy the Earth to Save It? (5 minutes)
PragerU: The Hysteria, Mockery, and Censorship Around COVID Treatment (4 minutes)
Daily Caller News Foundation: “Trump Is The Best President Since Abraham Lincoln” (4 minutes)

Event Calendar

September 8, 2020
Union Township Republican GOP meeting at Norlyn Manor at 7 PM.

September 16, 2020
Clermont County GOP meeting at an undetermined time and location.

Becker – Vetted, Tested, and Proven!

“Clermont County State Rep. John Becker, one of the most conservative members of the Ohio House…” according to Cleveland.com (August 2019).
Becker wins “Sponsor of Liberty” award by the Republican Liberty Caucus of Ohio (October 2018).
“Becker has a legitimate claim as the state’s most conservative legislator,” according to The [Cleveland] Plain Dealer (September 2017).
“Rep. John Becker, suburban Cincinnati Republican… [holds] the unofficial title as the General Assembly’s most conservative lawmaker,” proclaimed the Columbus Dispatch (September 2015).
Becker wins prestigious William Wilberforce Leadership Award (April 2015). “GOP Ohio House freshman Becker is no shrinking violet,” headlined the Columbus Dispatch (December 2014).
“Becker…is arguably the most conservative member of the Ohio House,” said The Cincinnati Enquirer (January 2014).
Ranked as a top tier “most archconservative” by the Columbus Dispatch (September 2013).


If you prefer to donate online, please click this link or one of my donate buttons at www.BeckerGOP.com.  

Introduction (38 seconds) Second Amendment (36 seconds)
Taxes (49 seconds) Energy (55 seconds)
Pro-Life (42 seconds) Creation Science and Evolution (42 sec.)
State Government Spending (45 sec.)
State Government (37 seconds)


Did this newsletter get sent to you by someone other than me? If so, please let me know at John@BeckerGOP.com and I will add you to my distribution list. That will ensure that you get it in a timelier manner. You may also forward this to your friends.
Let me know if you would like to unsubscribe. This issue and back issues are available at: www.BeckerGOP.com.

Disclaimer
Nothing in this newsletter constitutes legal advice. I am not an attorney and do not play one on TV. This newsletter is not sanctioned by the GOP, ORP, or any organization, or affiliation. Much of it is simply my opinion. I am fully and solely responsible for my opinion. Although I strive for accuracy, this is not “The Gospel according to John.” Additionally, I don’t necessarily try to be “fair and balanced.” After all, I didn’t get into politics to be a news reporter. My agenda is to influence public policy consistent with Southern Ohio conservative values. For more information on my motivations or how to get involved, see: What is a Central Committee?