Violations of Oath and Criminal Negligence

By  LTG Tom McInerney USAF (Ret) and MG Paul E Vallely US Army (Ret)

Governors, Mayors, Judges and District Attorneys are not above the law regarding criminal negligence, fostering illegal activity, and violating their oath of office. They must continue to be indicted, arrested and removed from the office? We will and cannot wait for new elections to solve the increased criminal activities in our cities and states. Once citizens and the Federal government witness negligence by elected officials and promote more criminal activity, they must be confronted and warned. Forced resignations are in order!  When elected officials violate their oath to uphold the Constitution, they breach the very foundation of their service to the American people. The U.S. Constitution is clear in its demands for government officials: their first and foremost duty is to preserve, protect, and defend the Constitution itself. Any deviation from this duty strikes at the heart of our nation’s integrity and the freedoms we cherish. But what are the consequences for such a violation? These vary depending on the nature of the transgression and the office held. The Constitution itself provides mechanisms for accountability, while federal and state laws further reinforce these standards. Here’s an overview of what happens when elected officials fail to uphold their oath.

Impeachment and Removal from Office

The most direct constitutional remedy for federal officials, including the President, judges, and other civil officers, is impeachment. Article II, Section 4 of the Constitution outlines this process, stating that officials can be removed for “treason, bribery, or other high crimes and misdemeanors.” Impeachment begins in the House of Representatives and, if approved, is followed by a trial in the Senate. If convicted, the official is removed from office and may be barred from holding future office. Impeachment holds public servants accountable, preserving the rule of law and ensuring no one is above it.

Criminal and Civil Penalties

Beyond impeachment, elected officials who violate the law may face criminal charges, including violations of federal statutes. Acts such as bribery, fraud, or abuse of power can lead to prosecution, with potential penalties ranging from fines to imprisonment. Not only do these charges uphold justice, but they reinforce the principle that elected officials are not immune from the laws they enforce on others.

Censure and Reprimand

In cases where an elected official’s actions do not rise to the level of criminal activity or impeachable offenses, Congress or state legislatures may issue formal censures or reprimands. These are public condemnations of misconduct, tarnishing the reputation of the official and signaling that their behavior is unacceptable to their colleagues and the American public. While censure doesn’t carry legal weight, it is a powerful tool in shaming and publicly holding officials accountable for their failure to uphold constitutional standards.

Loss of Public Trust and Electoral Defeat

Violating the Constitution often leads to a loss of public trust. Elected officials who betray their oath may face backlash from their constituents, who expect them to uphold their responsibilities. As we’ve seen time and again in U.S. history, the voters ultimately serve as the strongest check on government. In a representative democracy, the ballot box allows the people to remove those who fail to honor their commitments. Public scrutiny, bolstered by media and grassroots movements, plays a critical role in holding officials accountable to their oaths.

State Remedies

State-level officials who violate their oaths face similar consequences as federal officials. Many states have provisions for recall elections, where citizens can directly vote to remove elected officials before their term ends. Additionally, state laws may provide for impeachment, prosecution, or disqualification from holding office if an official’s actions breach the public trust.

Disqualification from Future Office

As seen in impeachment trials, one of the key consequences of violating the Constitution is being barred from holding future office. This prevents those who abuse their position or disregard their oath from returning to positions of power. The Constitution’s framers were well aware of the dangers posed by corrupt or irresponsible leaders, and this safeguard ensures they cannot repeat their offenses.

The Role of the People

Ultimately, the Constitution empowers the American people to hold elected officials accountable. Elected officials are stewards of the Constitution. If they betray their oath, they betray the very foundation of liberty. America’s founders understood that public virtue and accountability are essential to maintaining a free republic. Our responsibility, as citizens, is to ensure that those entrusted with power are held to the highest standards, preserving the constitutional principles that define our nation.

Our system of checks and balances, electoral processes, and the rule of law all play a role in ensuring that those who swear an oath to uphold the Constitution do so faithfully. When they fail, it is not only the government but the citizenry that must demand justice. The 917 Society is on a mission to educate our youth about our Constitution and Citizenship. We cannot defend and protect what we do not know. We cannot hold our representative accountable if we do not understand what they have sworn to uphold. To learn more about our mission visit our website at www.917society.org.[1]

 “Violation of the oath of office” means the neglect or knowing failure by an elective public officer to perform faith- entirely a duty imposed by law, including malfeasance, misfeasance, or nonfeasance, shall constitute good and sufficient cause for removal from the office of any such officer. The fourth federal law, 18 U.S.C. 1918, provides penalties for violating oath office described in 5 U.S.C. 7311, including (1) removal from office and (2) confinement or a fine. The definition of “advocate” is further specified in Executive Order 10450, which for enforcement, supplements 5 U.S.C. 7311.

Is criminal violation of oath a felony? 

The U. S. Constitution COMMANDS every Government Official to be BOUND by an Oath of Affirmation: Article 6, Clause 3. Then they are REQUIRED to take the Lawful Oath before taking the seat to which they were elected. Now it is time that We, the People, hold them to their Lawful Oath and demand they stand by every word in the Oath. They Solemnly Swear to Support and

Defend the Constitution against all enemies, foreign and Domestic; they take it Obligation Freely without any Mental Reservation or Purpose of EVASION! We MUST MAKE The Oath of Office a relevant ISSUE.

We, as citizens of America, we will no longer tolerate or allow public officials to release criminals or illegals back into society. When a criminal suspect is arrested, booked, and granted release on their “own recognizance,” or “O.R.,” no bail money is paid to the court, and no bond is posted. The suspect is merely released after promising, in writing, to appear in court for all upcoming proceedings. Most courts impose additional conditions on subjects in exchange for releasing them on their recognizance when there is a nexus between the state and the crime charged.

The federal government announced two separate arrests Friday of a current judge and a former judge alleged to have assisted undocumented immigrants who authorities claim were violent criminals, moves that have raised red flags among Democrats and others. Milwaukee County Circuit Judge Hannah Dugan was arrested Friday by the FBI over allegedly helping an undocumented immigrant evade arrest last week. Her arrest took place hours after federal authorities arrested former New Mexico Judge Joel Cano and his wife Nancy Cano for allegedly housing a Venezuelan national with reported gang ties, Attorney General Pam Bondi said. Bondi spoke with ABC News Live’s Kyra Phillips Friday afternoon to discuss the cases and dismissed critics who accused the Trump administration of intimidating judges who oppose their crackdown on undocumented immigrants.

Milwaukee County Circuit Judge Hannah Dugan, shown during a candidate forum in 2016.”Nobody is above the law, not even a judge,” Bondi told Philips. FBI Director Kash Patel announced Judge Dugan’s arrest earlier Friday in a social media post, which was briefly deleted and reposted. “Just NOW, the FBI arrested Judge Hannah Dugan out of Milwaukee, Wisconsin on charges of obstruction — after evidence of Judge Dugan obstructing an immigration arrest operation last week,” Patel said in the new post. “We believe Judge Dugan intentionally misdirected federal agents away from the subject to be arrested in her courthouse, Eduardo Flores Ruiz, allowing the subject — an illegal alien — to evade arrest.” Dugan was charged with two criminal counts of “obstructing and impeding a proceeding before a department or agency of the United States” and “concealing an individual to prevent his discovery and arrest,” according to a criminal complaint unsealed Friday.

County court records show the undocumented immigrant in the Milwaukee case — Eduardo FloresRuiz — was set to appear in court on April 18 before Dugan for a pretrial conference in a case where he has been charged with three misdemeanor counts of battery/domestic abuse connected to an incident on March 12. The case is ongoing. Federal prosecutors allege FloresRuiz illegally entered the U.S. from Mexico and was issued an Expedited Removal order in January 2013, according to a criminal complaint. Bondi alleged that Flores-Ruiz beat his roommate and a woman so badly that they needed to be hospitalized and that he continued to be belligerent in the hospital before his arrest. According to the complaint, Dugan allegedly sought to help FloresRuiz evade arrest by federal officers from an ICE task force.

When Judge Dugan learned ICE officers were present in court to arrest Flores-Ruiz, she became “visibly angry” and said the situation was “absurd” before leaving the bench and entering her chambers, according to the complaint, which cited witnesses who spoke to the FBI. Dugan and another unidentified judge then allegedly approached the arrest team in the public hallway, according to the complaint. She was “visibly upset and had a confrontational, angry demeanor” and asked one of the officers whether they were present for a court appearance, the complaint alleged.

When the officer replied they were there to make an arrest, the complaint alleges Judge Dugan asked if they had a judicial warrant, to which the officer responded, “No I have an administrative warrant.” Multiple witnesses cited in the complaint later allegedly said Judge Dugan returned to her courtroom after directing members of the arrest team to the office of the court’s chief judge. “The courtroom deputy then saw Judge DUGAN get up and heard Judge DUGAN say something like ‘Wait, come with me,’” the complaint states. “Despite having been advised of the administrative warrant for the arrest of Flores-Ruiz, Judge DUGAN then escorted Flores-Ruiz and his counsel out of the courtroom through the ‘jury door,’ which leads to a nonpublic area of the courthouse.” “So, she continues, continues with her docket, finishes her docket. Two victims sit in court all morning long waiting and at the end. The prosecutors say ‘What happened? Why didn’t the case get called?’” Bondi said.

A DEA agent saw Flores-Ruiz and his attorney in the public hallway of the courthouse and he appeared to be making efforts to evade arrest, the complaint says. After he was encountered by FBI and DEA agents outside the building, Flores-Ruiz “turned around and sprinted down the street” before he was ultimately apprehended, according to the complaint. Attorney General Pam Bondi speaks about the arrest of Milwaukee County Circuit Judge Hannah Dugan on ABC News, April 25, 2025.

Dugan retained former United States Attorney Steven Biskupic to represent her and he said in a statement that the judge will “defend herself vigorously and looks forward to being exonerated.” She appeared in U.S. District Court for the Eastern District of Wisconsin on Friday on the two charges, but did not enter a plea. She was released on her own recognizance. “Judge Hannah C. Dugan has committed herself to the rule of law and the principles of due process for her entire career as a lawyer and a judge,” Biskupic said in a statement. If convicted on the charges, Dugan could face up to six years in prison.

Bondi responded to the statement by stating that everyone is entitled to their day in court but reiterated that so are victims of crimes. “They didn’t get it because she let a criminal defendant walk out a door. She helped them. She obstructed justice,” Bondi told Phillips. Judge Dugan’s arrest angered Milwaukee Mayor Cavalier Johnson, who accused the federal agents of “showboating” and contended Dugan was not a flight risk. “They’re just trying to have this show of force and in the process of a courthouse where people need to go for court proceedings, they’re scaring away people from participating in the court process,” the mayor told reporters.

Wisconsin Gov. Tony Evers, in a statement on Friday afternoon, criticized President Donald Trump and the White House for what he said were efforts “to attack and attempt to undermine our judiciary at every level.” Evers said he would continue to have faith in the justice system “as this situation plays out in the court of law.” He did not mention Dugan by name. In an interview Friday, Phillips asked AG Bondi if she thought the government’s actions were intimidating people in the court system, but she dodged the question. “We’re attempting to protect citizens, make America safe again,” she said. Bondi brought up the New Mexico case, where former Judge Joel Cano faces a charge of tampering with evidence. Court documents allege that on Feb. 28, an alleged Venezuelan Tren de Aragua gang member was arrested at the Canos’ residence.

On April 24, agents served a search warrant at their residence and conducted an interview with Cano where he admitted to destroying a cell phone that belonged to the alleged gang member by smashing it with a hammer and throwing it in the trash, according to the complaint and Bondi. “Cano stated that he destroyed the cellphone and further admitted that he believed the cellphone contained photos or videos that would reflect negatively on Ortega,” the complaint states. “Through further questioning, agents ascertained that … Cano destroyed the cellphone believing that it contained photographs of Ortega holding firearms that Ortega had uploaded onto social media platforms which would be additional incriminating evidence against him.”

These errant politicians must be forced to resign or arrested for not enforcing the law. Releasing criminals back on the street facilitates more criminal activity and endangers citizens. These elected officials are not above the law.

[1] Ethan Justice 9.15.2024

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