Impeachment: Can A Us President Be Impeached Without Crime?

The US Constitution gives Congress the power to impeach and remove a President from office. Impeachment is a political process that acts as a check on the Executive and Judicial Branches, holding government officers accountable for violations of the law and abuses of power. The House of Representatives charges an official of the federal government by approving articles of impeachment, which are then sent to the Senate, who sits as a High Court of Impeachment. The President, Vice President, and all civil officers of the United States are subject to impeachment for treason, bribery, or other high crimes and misdemeanors. However, the scope of high crimes and misdemeanors is not formally defined and has been fleshed out over time through the practice of impeachments.

Who can be impeached?

The United States Constitution grants the House of Representatives "the sole Power of Impeachment" (Article I, section 2), while the Senate has the "sole Power to try all Impeachments" (Article I, section 3). The President, Vice President, and all civil officers of the United States are subject to impeachment and removal from office for treason, bribery, or other high crimes and misdemeanors.

The House of Representatives initiates the impeachment process by approving articles of impeachment through a simple majority vote. The articles of impeachment are then sent to the Senate, which sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. In the case of presidential impeachment trials, the chief justice of the United States presides.

A state legislature can also impeach its governor and other state officials, and many local governments have their own impeachment procedures.

It is important to note that impeachment does not imply criminal liability. While impeachment proceedings can result in removal from office and disqualification from holding future public offices, they do not preclude separate criminal charges and penalties.

What constitutes an impeachable offence?

Impeachment is a political process that is largely unreviewable by the judicial branch. The meaning of "high crimes and misdemeanors" is informed not by judicial decisions, but by the history of congressional impeachments.

The Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" and "the Senate shall have the sole Power to try all impeachments". The President, Vice President, and all civil officers of the United States are subject to impeachment and removal from office upon conviction of "treason, bribery, or other high crimes and misdemeanors".

While the types of conduct constituting treason and bribery are relatively well-understood terms, the meaning of "high crimes and misdemeanors" is not defined in the Constitution or in statute law. The phrase has an ancient English history, first appearing in the impeachment of the Earl of Suffolk in 1388. "High crimes and misdemeanors" has been interpreted to include various political offences that are not easily definable by law but are deemed worthy of impeachment.

Impeachment has been used to remove government officers who abuse the power of their office, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse the office for improper or personal gain. For example, President Andrew Johnson was impeached for violating the Tenure of Office Act, Judge Harry E. Claiborne was impeached for providing false information on federal income tax forms, and Judge G. Thomas Porteous was impeached for engaging in a corrupt relationship with bail bondmen.

What is the process of impeachment?

The process of impeachment is a fundamental component of the system of "checks and balances". It involves bringing charges against a sitting member of the government, including the President, Vice President, and other federal "civil officers". Impeachable offences for public officials are outlined in the Constitution as treason, bribery, or other high crimes and misdemeanours.

The process of impeachment involves three steps, though it may end at any one of the three steps, depending on how the body in question votes:

• An investigation in the House of Representatives committees: The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The committee investigation is what determines if the public official in question has engaged in one of the three offences (bribery, treason, or high crimes and misdemeanours) outlined in the Constitution.
• A vote of the House to pass articles of impeachment: If a simple majority is reached in the House, they will then report back to the Senate with their findings. If a majority cannot be reached, then there is no impeachment, and the process does not move forward to the Senate.
• A trial and vote in the Senate to convict the official: The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A committee of representatives, called "managers", act as prosecutors before the Senate. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified such officials from holding public offices in the future. There is no appeal.

It is important to note that impeachment does not mean removal from office. If the official is not found guilty, they may continue to serve in office.

Additionally, impeachment proceedings can be initiated by any member of the House, and a state legislature can impeach its governor and other state officials.

What happens after impeachment?

The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" and the Senate has the "sole Power to try all Impeachments". After impeachment, the process moves to the Senate for a trial. The House of Representatives sends its articles of impeachment to the Senate, which sits as a High Court of Impeachment. The Senate considers the evidence, hears witnesses, and votes to acquit or convict the impeached official. The Senate impeachment trial operates much like a criminal trial. The prosecution in an impeachment trial is represented by "impeachment managers" from the House of Representatives, who get the first chance to present their evidence to the Senate. The president’s defence team then presents its opening arguments, followed by the calling of witnesses. Both sides can call witnesses and cross-examine the opposing party’s witnesses. Senators can be called as witnesses and can testify standing at their desks in the chamber. The president can also be called as a witness, but they do not have to appear.

The length of the impeachment trial depends on how many witnesses are called, how many articles of impeachment are being considered, and how long it takes the Senate to deliberate. The Senate requires a two-thirds vote to convict and remove a president from office. If found guilty, the official is removed from office and may be barred from holding elected office in the future. If they are not found guilty, they may continue to serve in office. So far, no president has been removed from office through impeachment. Richard Nixon arguably came the closest, but he resigned midway through the impeachment process.

Can impeachment occur after a president's term ends?

The United States Constitution grants the House of Representatives the "sole Power of Impeachment" and the Senate the "sole Power to try all impeachments". The president, vice president, and all civil officers of the United States are subject to impeachment and removal from office for "treason, bribery, or other high crimes and misdemeanors".

The text of the Constitution is silent on whether an officer can be tried after their term ends or they resign. However, in 1797, the Senate continued impeachment proceedings against William Blount even after he had been expelled from office, dismissing the proceedings only after determining that a Senator is not a "civil officer of the United States". In 1876, William W. Belknap was impeached by the House of Representatives hours after resigning as United States Secretary of War. The Senate held that it had jurisdiction to try Belknap, notwithstanding his resignation, but ultimately acquitted him after the trial.

In the case of former President Richard Nixon, he resigned after Congress started the impeachment process against him in 1974, but was not impeached. Similarly, the permissibility of trying a former official was a major issue in the second impeachment trial of Donald Trump, which commenced twenty days after his term in office expired, although the impeachment itself occurred while he was still president.

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