When last we left off, Article II, Section 4 of the U.S. Constitution said that a President can be impeached upon the “Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.” Treason, under the applicable statute, 18 U.S.C. § 2381is a fairly tough thing to prove using current publicly-available facts. But “high crimes and misdemeanors” should do quite nicely. In the past, we at Law & Crime have discussed various expert takes on the definition of “high crimes and misdemeanors.” There is the Maxine Waters philosophy, that, “impeachment is about whatever the Congress says it is;” while broad, there is considerable legal basis for the premise that almost any official action by a government official found to offend justice could count. Many well-respected Constitutional scholars, such as Harvard Law Professor Noah Feldman, share this take on impeachment. “High,” according to this school of thought, is meant to modify both the word “crimes” and the word “misdemeanors,” and does not 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. Professor… Read full this story
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