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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.

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 →

“The day I had my colonoscopy was the best day of my life,” Everett Staley told me. Staley liked to shock. But he tended to tell the truth.

“I hated the prep of course. But the colonoscopy itself lingers in my memory like a comforting dream.” Even now, the thought evoked a sigh from Staley.

I should explain something. Everett Staley’s colonoscopy occurred toward the end of what he called his “Year of Pain.” He was in pain, more or less constantly, for more than twelve months. It had nothing to do with his colonoscopy. The colonoscopy was merely a foil to make the Year of Pain more understandable.

“Whenever I go in for a colonoscopy, I always ask them to go easy on the anesthetic so I can watch,” Staley said. “The inside of your intestines are up on a monitor, you know. If you’re not fully knocked out, you can watch the doctor’s progress.  I like to watch and pose questions and offer advice. At least I think that’s what I’m doing. Maybe I’m just dreaming.” Staley paused and reconsidered. “The truth is, I asked them to go easy on the anesthetic this time so I’d be conscious enough to enjoy it.”

“Enjoy what?” I asked.

“The absence of pain.”

Continue reading →