Impeaching The President

9-13-2023

Impeaching The President

I don’t know about you but I’m tired of hearing Democrats or Republicans talk of impeaching the sitting President of the United States. In my life time there have been only 2 presidents who have been impeached William Jefferson Clinton over the intern affair and Donald James Trump, the only president to have been impeached twice – once over a congratulatory phone call to the newly elected Ukrainian President and the second over obstructing Congress.

It took 19 months for Congress to bring charges of impeachment against Trump and now 20 months for Congress to begin talking about impeaching Biden. But what will the charges be – exceeding his authority as a bully while a senator, or bullying another country as vice president or degrading national security by opening the southern border and having the gates welded open? Or that he was seen eating the wrong flavor of ice cream?

What offenses are worthy of impeachment?

The Constitution states them as any of these acts “Treason, Bribery, or other High Crimes and Misdemeanors?”

However it’s up to the Speaker of the House of Representatives to make the call. Speaker Pelosi got into a feud with President Trump and to prove her point, lead 2 impeachments and the January 6th (a type of impeachment), with herself being in the direct line of succession. Now Speaker McCarthy has Okayed a committee to explore impeaching President Biden and he is now in the direct line of succession.

According to Constitutional Lawyers,

“High Crimes and Misdemeanors” are

  • Real criminality — breaking a law;
  • Abuses of power;
  • “Violation of public trust” as defined by Alexander Hamilton in the Federalist Papers.

In 1970, then Representative Gerald R. Ford defined impeachable offenses as

  • “Whatever a majority of the House of Representatives considers it to be at a given moment in history.”

Ford later went on to become President.

It’s a little known fact that since 1841 over one-third of all American Presidents have either died in office, became disabled, or resigned. However, no American President has ever been forced from office due to impeachment.

Only four times in our history, has Congress held serious discussions of Impeachment:

  • Andrew Johnson was actually impeached when Congress became unhappy with the way he was dealing with some post-Civil War matters, but Johnson was acquitted in the Senate by one vote and remained in office.
  • Congress introduced a resolution to impeach John Tyler over state’s rights issues, but the resolution failed.
  • Congress was debating his impeachment over the Watergate break-in when President Richard Nixon resigned.
  • William J. Clinton was impeached by the House on charges of perjury and obstruction of justice in relationship to his affair with White House intern Monica Lewinsky. Clinton was eventually acquitted by the Senate.

So why does Congress feel that its members can threaten the President with Impeachment just because he doesn’t cave in to their political whims? Prolong that over 2+ years and it’s akin to the fable of “The Boy Who Cried Wolf” where nobody took him seriously, even when the wolf showed up.

Let us take a real close and personal look at The Impeachment Process.

In the House of Representatives

If they do…

  • Based on their inquiry, the Judiciary Committee will send another Resolution to the full House stating that impeachment is warranted and why (the Articles of Impeachment), or that impeachment is not called for.
  • The Full House (probably operating under special floor rules set by the House Rules Committee) will debate and vote on each Article of Impeachment.
  • Should any one of the Articles of Impeachment be approved by a simple majority vote, the President will be “impeached.” However, being impeached is sort of like being indicted of a crime. There still has to be a trial, which is where the US Senate comes in.

In the Senate

  • The Articles of Impeachment are received from the House.
  • The Senate formulates rules and procedures for holding a trial.
  • A trial will be held. The President will be represented by his lawyers. A select group of House members will serve as “prosecutors.” The Chief Justice of the Supreme Court (currently John G. Roberts) will preside with all 100 Senators acting as the jury.
  • The Senate will meet in private session to debate a verdict.
  • The Senate, in open session, will vote on a verdict. A 2/3 vote of the Senate will result in a conviction.
  • The Senate will vote to remove the President from office.
    • The Senate may also vote (by a simple majority) to prohibit the President from holding any public office in the future.

Impeachable Offenses

Article II, Section 4 of the Constitution says, “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.”

In his report, Independent Counsel, Starr accuses President Clinton of committing eleven acts for which he could be removed from office by impeachment.

In the past, Congress has issued Articles of Impeachment for acts in three general categories:

  • Exceeding the constitutional bounds of the powers of the office.
    • Behavior grossly incompatible with the proper function and purpose of the office.
    • Employing the power of the office for an improper purpose or for personal gain.

When a politician habitually gets away with wrongdoing his entire adult life and reaches the pinnacle in politics (POTUS) they seem to think they are above the law, or they are ignorant of the law so how can a lawyer turned politician be ignorant of the law?

Impeachment should never be used as a political weapon because POTUS has differing political beliefs. It should be used when there is justifiable cause and verifiable proof to back it up.

As I have often said these liberal warriors vocalize accusations which mimic offenses they themselves are guilty of yet because Impeachment is generally considered in relation to the President of the United States I’ll bet these “Congressional Scholars” haven’t considered that Impeachment can be done to any of them as well. – RTM

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