Sunday, August 27, 2023

Should the House Launch an Impeachment Inquiry into Joe Biden?

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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