IMPEACH: Legal basis for removing Donald Trump from the White House

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.