Understanding Impeachment

Thoughts from the Middle

Understanding Impeachment

By

Robert Fischer

Article II, Section 4 of the United States 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.”  Legal scholars have held that high crimes and misdemeanors do not necessarily require a statutory crime. What does impeachment mean?  To impeach is the action of calling into question the integrity or validity of something.  In the case of President Donald Trump, the process therefore calls into question the President’s integrity on issues related to his election as President.  Specifically, there are those who allege that he conspired to keep information from the public regarding alleged affairs with two different women.  There are others who believe that the President was involved with Russians who sought to influence our elections.  First, let me be clear that what a person does in his/her personal life is generally not illegal.  Second, it is not to be unexpected that foreign governments try to influence the outcome of many activities in other countries.  In fact, the United States has been involved in many efforts to overthrow governments that are seen as unfavorable to our own interests.  However, the issue in the first case (the alleged affairs) is whether President Trump conspired with his attorney to keep information that might have impacted the election results from the electorate.  In the case of Russia, the question is whether the President participated in decision making regarding Russian interests in controlling the outcome of the election.  In either instance, the President, if involved, is a part of illegal activity.

There are many in the government who believe that the President has in his actions committed crimes to assist in his efforts to become President.  In this case, the political process is impeachment.  A sitting president cannot be indicted, prosecuted, or tried while serving in office.  The president must first be impeached and removed from office before beging charged.  The process begins in the House of Representatives, with the House Judiciary Committee.  If the Committee decides to question the President’s integrity, the Chairperson proposes a resolution that calls for a formal inquiry.  Following the inquiry, a formal resolution is sent to the full House with a statement on whether to impeach or not impeach.  If a majority of the representatives vote affirmatively on any one article, the President is impeached.

At this point the impeachment might be considered the equivalent of an indictment in a criminal case.  The case is referred to the Senate, where the Chief Justice of the Supreme Court serves as the judge. The prosecutors are members from the House of Representatives.  The jury is the entire Senate.  The President is allowed representation.  The case plays out with the House prosecutors presenting their evidence.  Once the case has been presented, the Senate debates, and then votes on the various articles of impeachment.  It requires a two-thirds vote on each article for a conviction. If convicted on any article of impeachment, the Senate may vote to remove the President from office.  At that point criminal charges may be filed by any court of original jurisdiction.

Members of the House Judiciary Committee are currently considering the following allegations:

• Collusion with the Russian government to influence the 2016 election results
• Obstruction of justice by paying to silence persons who have information that might impact on election results
• Massive fraud against the people of the United States by manipulation of the media through fiscal and illegal personal contacts

It is important to remember that in our system, a person is innocent until the case is presented and the jury finds the charges sustainable.  While I have a personal opinion regarding President Trump’s culpability, it is the role of the House (prosecution) to determine if the allegations have enough factual basis to impeach (indict).  If so, it is the responsibility of the Senate to act as a jury in a hearing where Chief Justice Roberts (judge) presides, the House representatives (prosecutor) present the case, the President’s lawyer (defense) presents a case for the president refuting the article of impeachment claims, and the Senate (jury) comes to a decision (verdict).