The Trump Impeachment: What Is The Crime?
/With the big impeachment circus now going on in the House of Representatives, perhaps you have begun to wonder, what is the alleged crime? I know that I have. Should anybody care about that?
There is a very good reason to care. The Constitution specifies the potential grounds for impeachment: “Treason, Bribery, or other high Crimes and Misdemeanors” (Article II, Section 4). All the possible categories of impeachable offenses specified by the Constitution are crimes. To meet the Constitutional test, you have to have a crime.
In both the Nixon and Clinton impeachments, they seemed to take seriously this requirement of a crime as the necessary predicate. The large majority of the allegations of wrongdoing closely track the contours of well-known crimes defined in the Code.
Here we are in the midst of impeachment mania, and we have completely lost track of the whole idea that there might be a need for an actual crime. I’ve spent some quality time here this afternoon trying to find some intelligent promoter of impeachment who has even ventured a plausible attempt to specify what criminal statute is alleged to have been violated. No success. What I have found instead are various people arguing that no crime is necessary for impeachment.
