Saturday, January 4, 2020

Impeached Presidentially

Unless you're been living in a box in the middle of Nowhere for the last year, we've all had a very big share of impeachment news recently. Predictably, there has been a lot of misinformation and general confusion about the process, mostly because, Presidentially, we've only had 3.

Impeachment is the act of impeaching someone. Where does the word come from, and what does it mean? According to the Oxford English Dictionary, to impeach means, in law, at first in a broad sense, "to accuse, bring charges against"; more specifically, of the king or the House of Commons, "to bring formal accusation of treason or other high crime against (someone)". The word evolves from the broad term in the 14th century, to the more specific "accusing a public officer of misconduct" by the 1560s.

Breaking this definition down, impeachment then is the process by which a legislating body, the people's representation in government, can indict a sitting executive for abuses of the power of the office they hold. The US Constitution defines these abuses as "high crimes and misdemeanors". Impeachment, then, is not a trial that will remove a governing official from office, necessarily. Usually it is a first step in that process, and this is true in the United States. 

Speaking of the US Constitution, obviously the idea of impeachment predates the United States. The Constitution borrows this concept from the UK's parliamentary system. This idea of impeachment is also shared by several other sovereign governments. There are 29 other countries with impeachment as part of their constitutions. Both Brazil and South Korea impeached and removed their presidents recently, in 2016.


Impeachment in the United States is not only for presidents. In the Constitution, the president, vice president and "all civil officers" can be subject to impeachment and removal. Civil officers, in this case, means people in government not necessarily elected to office. This has basically meant justices, but also any executively appointed position. In addition to our three presidents, we have also impeached 1 senator (William Blount), 1 Secretary of War (William Belknap), and 15 federal judges. 15 of these 20 officials were then removed from office by the Senate. Both Bucchanen and Nixon had impeachment proceedings started, but not completed. Nixon resigned rather than face impeachment, and Bucchanen was found to not be responsible for the rampant corruption in his administration, and therefore not impeachable.

Our current president has a list of actions that could be deemed impeachable. Let's compare these accusations with historic charges that ended in impeachment.

1: Obstructing Justice

By blocking federal access to information important to an investigation into the president, firing federal prosecutors tasked with investigating the president, intimidating and influencing witnesses through speeches, press releases, and twitter.

Three other cases included obstruction of justice. Two were the presidents Nixon and Clinton, the third was Samuel Kent, a judge.

2: Ignoring the Emoluments Clause

Refusing to step away from businesses and business interests while in office, Trump had opened himself up to scrutiny whether he'd be able to govern in a fair and balanced manner without personal bias. There are many instances of Trump properties and business contacts getting preferential treatment.

There have been 5 impeachment cases due to corruption. Robert Woodrow Archibald was impeached specifically for accepting gifts in exchange for rulings.

3: Soliciting Foreign Interference in US Elections

This one is a bit specific, and as such unprecedented. However, there have been two impeachments that dealt with treason. William Blount was impeached for making deals to take Spanish territory on behalf of Britain. And the US judge West Hughes Humphries was impeached for supporting the Confederacy. In addition to the treasonous argument, this one is connected to the Obstruction of Justice charge.

4: Abuse of Power

This one seems to be a catch-all for just about everything else. In addition to the above charges, which can also be categorized as abusing power, Trump has called for violence and insurrection, engaged in reckless conduct as a diplomat, called for the prosecution and persecution of political opponents, attacked the free press, and violated campaign finance laws.

Four other impeachments were made using the Abuse of Power charge. Nixon was also accused of Abuse of Power.