Opinion: Hamilton Wouldn't Impeach Trump - PressFrom - US

Opinion Hamilton Wouldn't Impeach Trump

05:50  10 october  2019
05:50  10 october  2019 Source:   online.wsj.com

Four 2020 Democrats argue about who first wanted to impeach Trump

  Four 2020 Democrats argue about who first wanted to impeach Trump As House Democrats launch impeachment investigations into President Trump, their party's presidential candidates are squabbling over who had the idea first. © Provided by MediaDC: Washington Newspaper Publishing Company, Inc.Four candidates are claiming the mantle of the first to take a risky but noble stance on removing the 45th president from the White House. Massachusetts Sen.

How the House could impeach Trump for obstructing its probe. It’s looking as if House Democrats’ impeachment inquiry could focus less and less on the Ukrainian allegations and more on the fact that President Trump ’s administration won’ t let them investigate what happened.

Twitter lights up with how to use president’s ‘double negative’ defence, including advice for his predecessors.

Editor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

a man wearing a suit and tie© Getty Images

What is an impeachable offense? Rep. Maxine Waters, chairman of the House Financial Services Committee, says the definition is purely political: “whatever Congress says it is—there is no law.” She’s wrong.

At the Constitutional Convention of 1787, the Framers debated impeachment of a president. Some argued for the power of Congress to remove the president for “maladministration” or other open-ended terms that appeared in several state constitutions. Others, including James Madison, opposed such vague criteria, fearful that they would turn the republic into a British-style parliamentary system, in which Congress could remove a president over political differences—effectively a vote of no confidence. That, Madison argued, would be the “equivalent to tenure during pleasure of the Senate.”

To impeach, or not to impeach: Either way, trust our imperfect Constitution

  To impeach, or not to impeach: Either way, trust our imperfect Constitution House Speaker Nancy Pelosi formally announced an impeachment inquiry against President Trump over a possible quid pro quo and abuse of power in foreign relations with Ukraine. Under our Constitution, impeachment is a formal accusation made by the House of Representatives. Any such accusation, once made by a majority of the House, goes to the Senate. That body then conducts a trial of these charges, voting on whether to convict the president of them. If two-thirds or more vote to convict, the president is removed from office.Pelosi’s launch commences only the fourth serious attempt to impeach a president.

Tom Steyer, the California billionaire who has crusaded for President Trump ’s impeachment , said on Wednesday that he would not join the pack of Democrats running for president in 2020 and would instead redouble his efforts to topple Mr. Trump before the election.

Rudy Giuiliani says President Donald Trump can’ t be prosecuted by Robert Mueller for anything, even shooting former FBI director James Comey, but he could be impeached . The first problem with Giuliani’s impeachment remedy is that, if Trump shot James Comey, he would deny having done so.

Get news and analysis on politics, policy, national security and more, delivered right to your inbox

The Framers wanted an independent president who could be removed only for genuine wrongdoing. So they agreed to the criteria that became part of the Constitution: “treason, bribery, or other high crimes and misdemeanors.”

In Federalist No. 65, Alexander Hamilton elaborated on the meaning of “high” crimes: “those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself” (emphasis added).

Hamilton didn’t say the process of impeachment is entirely political. He said the offense has to be political. He continued: “The prosecution of [such offenses] will seldom fail to agitate the passions of the whole community, and to divide it into parties, more or less friendly, or inimical, to the accused. In many cases, it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side, or on the other; and in such cases, there will always be the greater danger, that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.”

Harris leads U.S. Democrats in Facebook ads on impeachment; Biden absent

  Harris leads U.S. Democrats in Facebook ads on impeachment; Biden absent Harris leads U.S. Democrats in Facebook ads on impeachment; Biden absentNoticeably absent from tallies of Democrats' pro-impeachment ads is former Vice President Joe Biden, a leading presidential contender who is at the center of the Ukraine controversy involving a call between Trump and Ukraine's president that led to last week's launch of a House impeachment inquiry against the president.

Nancy Pelosi and Chuck Schumer were giddy over the possibility of investigating every inch of the Trump administration until they turned up something to use for articles of impeachment . But you won’ t believe who just slammed the breaks on this scheme to impeach President Trump .

Democrats slam Trump as “lawless” and “a threat to democracy” in one breath, then in the next say they won’ t impeach him and knock the media for But 15 minutes later, in the same news conference, Hoyer conceded the obvious: The debate over whether to impeach Trump dominates all discussion

If Hamilton’s words sound prescient, it is because he foresaw how the process of impeachment and removal could easily be exploited for political advantage, as Democrats are attempting now and Republicans tried to do when they impeached President Clinton in 1998. Hamilton was concerned that the decision to impeach and remove “the accused” be based not on “the comparative strength of parties,” but rather on “real demonstrations of innocence or guilt.” These words imply a quasi-legal process rather than an exclusively political one.

There is an inevitable political component to the decision to impeach and remove a president, but it should come into play only if the objective constitutional criteria are met. Even if a president did commit “treason, bribery or other high crimes and misdemeanors,” the House could decide on political grounds not to move forward on impeachment. The constitutional criteria are necessary for impeachment, but they do not necessitate it.

'No joke': Rashida Tlaib says Democrats are 'trying to figure out' how to arrest White House officials

  'No joke': Rashida Tlaib says Democrats are 'trying to figure out' how to arrest White House officials Rep. Rashida Tlaib told constituents that Democrats are working to figure out ways that they can arrest members of President Trump's administration if they do not cooperate with subpoenas. © Provided by MediaDC: Washington Newspaper Publishing Company, Inc."This is the first time we’ve ever had a situation like this. So they’re trying to figure out, no joke, is it the D.C. police that goes and gets them? We don’t know. Where do we hold them?" the Michigan Democrat said at a "Congress, Coffee, and Conversation" event Tuesday in Detroit.

Impeaching President Donald Trump is a pipe dream, many say. She played a key role in the impeachment of Richard Nixon and believes that Donald Trump ’s actions are “exactly the kind” that were declared impermissible in Nixon’s articles of impeachment .

Donald Trump . Reminder: Impeaching the President Wouldn ' t Necessarily Remove Him From Office. Questions about impeachment intensified on Wednesday, following reports that President Trump asked former FBI Director James Comey to shut down an investigation into his former national

The Framers didn’t want the impeachment power to become a political weapon. That’s why they designed both procedural and substantive protections against misuse of this important legislative check on the executive. The procedural protection is the requirement of a two-thirds vote for removal, which makes it impossible to remove the president without broad support. The substantive check is the list of offenses justifying impeachment.

The words “other high crimes and misdemeanors” does accord Congress some discretion, but not as much as the rejected term “maladministration” would have. The words would seem to require criminal-like acts of a serious nature, though precisely what would suffice is anything but clear. A sitting president would almost certainly be impeached if he committed murder, despite the historical precedent that Vice President Aaron Burr was not impeached for killing Hamilton in a duel. But if a president paid hush money out of personal funds to prevent his adultery from being disclosed—as Hamilton did when he was Treasury secretary—he wouldn’t be impeached. Adultery was a felony in Hamilton’s time, but nothing Hamilton did constituted a public crime. Perjury to cover up adultery—one of the offenses for which Mr. Clinton was impeached—is a closer call, although I believe it was not impeachable.

Exclusive: Democrats willing to risk 2020 chances to impeach Trump: Reuters/Ipsos poll

  Exclusive: Democrats willing to risk 2020 chances to impeach Trump: Reuters/Ipsos poll Most Democrats want to impeach U.S. President Donald Trump, even if that means weakening their party's chances of winning back the White House in the 2020 election, according to a Reuters/Ipsos opinion poll. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); The poll, conducted on Monday and Tuesday, found that while support for impeachment remains unchanged overall among all Americans - holding at 45% since last week - it is rising among Democrats.

Trump continued, “But I say how do you impeach somebody who is doing a great job, hasn’ t done anything wrong. Trump is probably correct that a Democratic House is more likely to impeach him than the current Republican-controlled one, but while there have been some calls for impeachment

Over a million people have signed a petition seeking to impeach President Donald Trump for allegedly violating the US Constitution. Steyer started a million initiative to push for the impeachment of Trump on October 20, writing to Democrats on Capitol Hill and to mayors and governors nationwide

As for the allegations against President Trump, obstruction of justice is plainly a high crime, but a president cannot commit it by exercising his constitutional authority to fire or pardon, regardless of his motive. (It would have been an impeachable offense in Mr. Clinton’s case, but the facts were disputed.) Neither is it a crime to conduct foreign policy for partisan or personal advantage—a common political sin with no limiting principle capable of being applied in a neutral manner.

The Framers, by rejecting open-ended criteria such as “maladministration” and substituting more specific and criminal-like criteria, sent a message to future generations: Impeachment should not be a political measure governed by “the comparative strength of parties.” It should be based on “the real demonstration of innocence or guilt” of “the accused.” It is left to Congress to be reasonable and conscientious in interpreting the words “treason, bribery or other high crimes and misdemeanors”—a tall order in our hyperpartisan age.

Mr. Dershowitz is a professor emeritus at Harvard Law School and author of “Defending Israel: The Story of My Relationship with My Most Challenging Client.”

Don’t Be Surprised If Trump Is Never Impeached .
An impeachment that seemed inevitable a few days ago is looking more and more like it may never happen.Yesterday, House Speaker Nancy Pelosi announced that the House of Representatives would not move forward with a vote on impeachment any time soon. The statement comes as a month of pressure has built up behind efforts to unseat the president over a phone call with the Ukrainian president. While Democrats insist, contrary to precedent, that they do not need to hold a vote, their unwillingness to hold one may show the impeachment train is skidding off the tracks.

—   Share news in the SOC. Networks

Topical videos:

usr: 33
This is interesting!