12.16.2019 0

Democrats fail to include any crimes in their Articles of Impeachment of President Donald Trump

‘Abuse of power’ and ‘obstruction of Congress’ are not high crimes or misdemeanors, bribery or treason:

“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” That is Article II, Section 4 of the Federal Constitution, outlining what a case for impeachment is supposed to consist of, namely, crimes. Therefore, without a crime there cannot be an impeachment. And yet, that is precisely the Articles of Impeachment House Democrats have now put to the floor of the House of Representatives, outlining vague charges of “abuse of power” and “obstruction of Congress.” Neither of these are crimes, articulable under a law passed by Congress and signed by the President. They can be found nowhere in the criminal code. They are not bribery. And they are not treason. Gerald Ford once famously argued that “high crimes and misdemeanors” are “whatever a majority of the House of Representatives considers them to be at a moment in history.” And yet that is not what the framers had in mind at all. In fact, they anticipated that after being removed from office for a crime (and only a crime), that the removed President would then face prosecution. In the Federalist No. 69, Alexander Hamilton wrote on the impeachment provision, “The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law.” Meaning if it is not conduct that would punishable by law, then it cannot be punishable by impeachment, constitutionally. What do you think?

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