The topic of discussion for this Constitution Monday concerns impeachment of the President of the United States. Article II, Section 4 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.” This site gives the following explanation:
The Constitution gives Congress the
authority to impeach and remove the President, Vice President, and all federal
civil officers for treason, bribery, or other high crimes and misdemeanors.
This tool was inherited from English practice, in which Parliament impeached
and convicted ministers and favorites of the Crown in a struggle to rein in the
Crown’s power.
Congress’s power of impeachment is an
important check on the Executive and Judicial Branches, recognized by the
Framers as a crucial tool for holding government officers accountable for violations
of the law and abuses of power….
Evidence
is increasing the Joe Biden is guilty of bribery, and the evidence is pushing
the House of Representatives to perform an impeachment inquiry. According to
House Speaker Kevin McCarthy on Tuesday, the House’s action will depend on
whether Biden and the White House cooperate with congressional committees. Fred
Lucas at The Daily Signal shared six things that we should know if
Congress launches an impeachment inquiry.
1. Are There Grounds to Impeach Biden?
The House Oversight and Accountability
Committee has gathered enough evidence to bring a case against Biden, said
Andrew McCarthy, a former assistant U.S. attorney for the Southern District of
New York who isn’t related to the House Speaker….
[Among the evidence is an FBI form showing
a confidential informant reporting that then-Vice President Biden in 2016
received a $5 million bribe from Burisma. Another piece of evidence are emails
showing that Biden used pseudonyms and forwarded government information to his
son Hunter.
[Still other evidence is newly released
bank records showing $20 million from foreign individuals and entities ended up
in bank accounts of various members of the Biden family.]
The financial deals Hunter Biden made with
Chinese and Ukrainian interests should be too serious for the House to ignore,
said Mike David, founder of the Article 3 Project, a conservative legal group.
“Foreign bribery is one of the most
serious, most impeachable crimes in the Constitution,” Davis, a former chief
counsel for nominations for Republicans on the Senate Judiciary Committee, told
The Daily Signal….
2. Can a President Be Impeached for
Alleged Offenses Before Taking Office?
An important caveat is that the evidence
unearthed so far by the House committee panel surrounds the president’s conduct
while vice president in the Obama administration.
The three presidents who have been impeached
by the House – Andrew Johnson, Bill Clinton, and Donald Trump – were scrutinized
for actions while in office.
However, two federal judges were impeached
over their actions before they entered office….
3. Would Congress Have More Leverage in an
Impeachment Inquiry?
During an interview on Fox Business, the
House’s McCarthy said that if the Biden family and the White House don’t
cooperate with investigators, an impeachment inquiry “gives the apex of power
to Congress when it comes to our subpoena power.”
Legal experts differ on the impact that a
formal inquiry would have on the House’s capacity for oversight.
The reason labeling an investigation as an
impeachment inquiry could be relevant is largely because the role of congressional
oversight in obtaining documents and testimony generally must have a
legislative endgame.
Under an impeachment inquiry, however, the
sole purpose would be oversight to reach a conclusion about an official’s
fitness to serve….
4. Isn’t an Inquiry Just Formality Before
Impeachment?
A House impeachment inquiry doesn’t always
end in an impeachment….
5. What About Political Fallout?
If House Republicans fail to proceed
against the president with an impeachment inquiry, it would be politically
costly to their majority, warned Davis, founder of the Article 3 Project.
“If Republicans don’t move forward on an
impeachment inquiry in the face of evidence the president of the United States
is compromised, these House Republicans deserve to lose reelection,” Davis,
also a former chief counsel for nominations for the Senate Judiciary Committee,
told The Daily Signal.
Davis, however, said he isn’t certain
Republicans will act.
“The D.C. swamp is the only place on the
planet where the reptiles lack backbones,” he said.
Inaction could be likely, said McCarthy,
the former federal prosecutor.
“The question is whether Speaker McCarthy
has the votes. He won’t proceed with an impeachment inquiry unless he has the
votes.” …
McCarthy said less conservative
Republicans are more interested in launching a “blistering assault” on Biden’s
policies for the 2024 campaign rather than in an impeachment case.
6. Any Chance the Senate Would Remove
Biden?
Legal and political experts consulted by The
Daily Signal were all in agreement that even if the evidence is
insurmountable, there is no chance that a two-thirds majority of the
Democrat-controlled Senate would vote to remove Biden from office….
McCarthy, the former federal prosecutor,
warned it could end in Biden and supporters declaring victory after the Senate
trial.
“Why would they want an impeachment that
is doomed to fail in the Senate?” McCarthy, the former prosecutor, said. “He
probably should be impeached and removed over it. But Biden would be acquitted
in a Senate trial. So why would you give Biden a victory?”
I believe that the House should do an impeachment inquiry to get all the evidence possible. Then they should present the evidence to the American people to allow Americans decide by an election whether Biden should be removed from office.
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