There's Legal Basis For Impeaching Trump Now - But Congress Needs to Get Its Act Together to Do It

[DonViejo]

by Elura Nanos | 9:32 am, August 16th, 2017

Since last November, I’ve been the recipient of yuge amounts of criticism any time I’ve asked whether it’s time to begin those impeachment proceedings we all expect are imminent. Hoping for impeachment, the critics have said, is hoping that our president fails. But guys, we’re really, really far beyond that point now. If considering impeachment is like rooting for your airline pilot to fail, then listening without action to Trump’s self-important tantrums today is like watching your pilot pass out, and ringing for the flight attendant to bring you headphones as the plane careens toward land.

Putting aside that our gilded lunatic of president may be better served by inpatient therapy than by anything Congress could deliver, let’s just recap how impeachment should go down. Under Article II, Section 4 of the U.S. Constitution, a President can be impeached upon the “Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.” The House brings those formal charges against the president, and then the whole circus moves over to the Senate, which acts as the trier of fact. The Senate then hears evidence and makes the decision whether to convict and remove from office (by a two-thirds majority).

Considerable disagreement surrounds the meaning of “High Crimes and Misdemeanors.” There are those who believe that the language means that the president must have committed a pretty serious crime – -a view which the historical record certainly supports. President Bill Clinton was impeached for lying under oath, and Andrew Johnson was impeached for violating a federal statute. Trump’s monumental mishandling of the tragedy in Charlottesville this week is bad on many, many levels – but it’s (unfortunately) probably not a criminal offense. However, this is where we might want to turn to what some legal experts say is the real meaning of “high crimes and misdemeanors.”

Harvard Law Professor Noah Feldman, for example, has offered a take on impeachment that fits our current situation perfectly. According to Professor Feldman, “high” is meant to modify both the word “crimes” and the word “misdemeanors,” and does not, as is often assumed, relate to the seriousness of an offense – but rather to the nature of the offense. “High,” back in the time of the Constitution’s drafting, meant “governmental” or “official,” as opposed to “personal” or ‘private.” Furthermore, “Crimes and misdemeanors” does not mean violation of actual criminal statutes. Instead, this was an artful phrase meaning any action “performed in an official capacity by a government official that violates the basic principles of government.” Trump’s official statements today, which appeared to backtrack from any criticism of white supremacy, certainly counts under those standards.

Professor Feldman, by the way, did not pull his thesis from thin air. He extensively researched James Madison’s involvement with what had been a controversial drafting of the impeachment language. Apparently, the convention first used the word “maladministration” (18th century for “just doing a general crappy job”) to describe the grounds for impeachment. Madison called that out for being too vague and setting every president up for impeachment. So the group agreed on “high crimes and misdemeanors.” Broad enough to mean something, but specific enough not to mean everything.

Essentially, that means that impeachment is appropriate whenever our current government says it’s appropriate. And if the House wants to use Trump’s soft treatment of neo-Nazis, or his utter lack of self-control when addressing the press, or his generally disastrous egotism to serve as the basis for commencing the impeachment process, it can just go ahead and do so. It just has to have the guts to do so.

more
https://lawnewz.com/opinion/theres-legal-basis-for-impeaching-trump-now-but-congress-needs-to-get-its-act-together-to-do-it/

[tblue37]

1. GOP office holders are elected from states and districts where Trump still has high

approval numbers. They won't risk angering his base because those are the same people that vote them into office.

[MyOwnPeace]

2. "It just has to have the guts"

You're talking about our Congress, right?

Ain't ever gonna' happen - they are cowards!!!!!!!!

[MyNameGoesHere]

3. There doesn't need to be crimes high or low to impeach

It just has to be a magic number. I think 26% would do it. Impeachment is political and you don't need a crime, just rats trying to avoid a sinking ship.

[workinclasszero]

4. Not gonna happen. Cutting taxes for the 1% and big business

is much more important to the republican Congress than a nazi/kkk supporting president.

As long as he has an (R) beside his filthy name anyway.

[smirkymonkey]

5. But Pence will get that done for them. Why hang on to Trump when he can

only make things worse for them?

[workinclasszero]

6. Hey I agree with you but

Unless I missed it, I see no republicans calling for Trump's impeachment this morning.

[smirkymonkey]

7. I think it must be a collective guilt thing.

Like "If he's guilty and tainted, then we all are, so we'll just look the other way and hope this all blows over." The problem is that it's only going to get worse for them, because Trump is just going to fast-forward on the crazy hoping that it will keep everyone distracted from the Russia investigation.