Daily Archives: January 30, 2020

THE TRUMP IMPEACHMENT TRIAL: WILL THE JUDICIARY BE COLLATERAL DAMAGE?

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.

The Constitution of the United States, Article II, Section 4.

By the time you read this post, the impeachment proceedings against President Trump may have wound down to their inevitable conclusion. This was only the third such trial in our nation’s 230-year history, which renders such occasions as rare as Halley’s Comet. Like the Comet, they are worth careful observation.

Much of the debate has centered on the nature of impeachable offenses. Are such offenses limited to criminal conduct?  Or may non-criminal conduct – such as abuse of power – qualify? Both sides have recognized that this issue affects not only President Trump but also future presidents.

Very little has been written or said, however, about another group of public officials affected by this question: federal judges.

constitution

We have all heard repeatedly that Article II, Section 4 provides for removal from office only after “Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” But we rarely hear the words preceding it: “The President, Vice President and all civil Officers of the United States.” Federal judges are civil officers of the United States, so whatever precedents may be created by the trial of President Trump, they will apply to judges as well. Continue reading

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