Yesterday the House announced that they had two Articles of Impeachment against President Trump.
In our Constitution the President can only be impeached for one of the following crimes:
Bribery, Treason, or other high Crimes and Misdemeanors.
The first two crimes on the list are very specifically and legally defined. And hard solid evidence is required. Thus the Leftist Democratic controlled House couldn’t charge President Trump with Bribery or Treason. The Law would stand in their way.
Now the other high Crimes and Misdemeanors was wide open. These aren’t defined anywhere as to what constitutes them. So it is up to the House to determine what is a high Crime or Misdemeanor and impeachable.
And what does the House charge President Trump with after all this time. Abuse of Power and Obstruction of Congress.
President Trump hasn’t abused his power as President. He has faithfully exercised it, which many past Republican presidents have not done. And from a legal standpoint, abusing ones power isn’t illegal. Unethical, probably so, but not illegal.
Also the term of Abuse of Power is very nebulous and could apply to anything as well. Even something harmless and mundane like getting tickets to a ball game.
The second charge of Obstruction of Congress. That one sounds bad since it sounds like another known crime. But this one too isn’t actually a crime either.
President Trump did exercise his power as the chief executive and forbade certain members of the Administration from testifying before the various House committees investigating the alleged impeachment proceedings. But this is within the rights of a President to protect his Administration.
The House could have acted on the refusal but they did not. If they really wanted the testimony of these witnesses they could have issued a subpoena. Demanding that they come before the House committee and testify. But this was not done. If it had been done and the subpoena was refused. Then Congress could have gone through the Courts and issued a court order for their appearance. But this also was not done. If it had been done and still refused. Then and only then would President Trump and the witnesses themselves be guilty of Contempt of Congress. And that could be an impeachable offense.
But all the House did was ask for the witnesses to testify. They refused. And that was the end of it. Request denied. Thus the charge of Obstruction of Congress is meaningless.
And now here we are nearly four years since this all started when prominent Democrats began calling for the impeachment of then President-Elect Donald Trump in 2016. They have finally the Articles drafted in the House. The House has enough of a Democratic majority to pass the Articles even if some Democrats vote against it. Thus forcing a Trial in the Senate.
But to what end does this serve? The House would be better served if they had passed a censure against the President, even on the same charges. It would have passed. It would have been a victory. Now the Impeachment will be handed over to the Senate where the President could likely be acquitted just as President Clinton was at his impeachment Trial. And the 2020 elections are coming fast with disastrous results for the Leftist Democrats if this fails in the Senate.