Ever since the beginning of Donald
Trump's White House Administration there has been talk of
impeachment. However, it is important to understand the legal
machinations involved in the impeachment process. The U.S.
Constitution gives Congress the sole ability of impeaching a sitting
President via Article II Section 4 which states, “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” However, the
statute is vague and lends itself to various interpretations of what
is necessary to impeach Trump, according to FindLaw.
Impeachment requires a criminal
offense
In terms of legal requirements to
impeach Trump the key phrase is “treason, bribery or other high
crimes.” The phrase implies that some type of criminal offense
needs to have been committed in order to legally impeach a sitting
President. Other sections in the Constitution seems to support this
interpretation.
For instance, Article III Section 2
states that “the trial of all crimes, except in cases of
impeachment, shall be by jury.” This implies that the legal process
of impeachment is connected with a criminal offense. Additionally,
Article II Section 2 of the Constitution empowers the President to
grant pardons “for offenses against the United States, except in
cases of impeachment.” This implies the criminal nature of the
actions necessary to legally bring forth impeachment. One may argue
that Trump is guilty of obstruction of justice, a criminal offense, when he fired FBI
Director James Comey.
Misdemeanors and official
presidential duties
On the other hand,
there are other interpretations of the legal basis for impeachment
which does not require a criminal act by President Trump. One
interpretation focuses more on the word “misdemeanors” which did
not specifically carry criminal connotation when the U.S.
Constitution was ratified. Another interpretation is based upon an
action, not necessarily criminal in nature, taken by the President
specifically related to his official duties. One example may be if
Trump is indeed found to have violated the Emoluments Clause through
financial conflicts of interests via his investments connected to
Russia or other foreign powers.
Matter of political will
However,
ultimately Congress has the sole power to decide whether or not Trump
has committed an impeachable act. After an impeachment via Congress
it is the Senate which must convict Trump before actually removing
him from office. This is why impeachment is more a political question
than a legal inquiry. Therefore, those who are looking to remove
Trump from power would do well to pressure their congressional
representatives and senators to do the right thing.
