Popular on eTradeWire
- Pura Cura Offers a CBD Starter Pack for Customers Looking for Multiple Flavors 219
- Rum Leanez 5 yrs old - Rum San Domingo and Rum Berde 210
- Jason Mitchell Is Named #1 Producing Real Estate Agent In Arizona In 2018 181
- Dr. Paul Norwood peer reviews new scientific article related to the treatment of Type 2 Diabetes 139
- NY Yankee Fans Turn Into Stars At Bronx Bomber Blues 134
- Participating Restaurants Announced Taste of Love 125
- William J. Bruce III to Return as Host to Aussie Osbourne Show 110
- Black Diamond PR Firm announces new client, Atlanta Falcons Wide-Receiver, Mohamed Sanu
- Mercury Retrograde Celebrated by Tristate Astrologers on International Astrology Day 2019
Similar on eTradeWire
- Lee County Tax Collector adds libraries to waiting areas
- Self-employed consultants may face tax implications in 2019
- Enquizit, Inc. Welcomes Former Amazon Executive as Its New CEO
- ETW to Host Event Featuring Real-life Leadership Stories about Humanity, Heroism and Heart
- RDL Marketing, Inc. and Mr. Brian Charles with Government Marketplace LLC
- Pcx, Inc. Welcomes CAULIN ANDERSON To The Government Sales Team
- Children's Book Helps Police Build Trust in Community
- San Franciscans Anh LÊ And Fred S. Mayer, R.ph On Trump North Korea Summit In Hanoi
- Warren Wants Direct Presidential Elections, But There Are Concerns
- Batley CPA offers advice on qualified charitable distributions
For example, as the New York Times noted in a piece entitled "Trump Sees Inquiry Into Cohen as Greater Threat Than Mueller": "President Trump's advisers have concluded that a wide-ranging corruption investigation into his personal lawyer poses a greater and more imminent threat to the president than even the special counsel's investigation, according to several people close to Mr. Trump."
Even Harvard law professor Alan Dershowitz has concluded "he has much more jeopardy concerning his pre-presidential business and personal activities," notes public interest law professor John Banzhaf.
Since Justice Department policy - which apparently is binding on Special Counsel Robert Mueller - as well as the consensus of legal opinion, is that a sitting president cannot be criminally indicted, those who oppose Trump are increasingly looking towards his impeachment rather than his indictment in hopes of having him removed from office.
But it appears impeaching Trump based upon evidence coming from the New York investigation - which mostly involves alleged crimes and/or other wrongdoings he may have committed before taking office - may not be legal.
For this reason, any attempt to include such instances in an impeachment resolution - even if the resolution also included counts based upon his actions since becoming president - could trigger a constitutional crisis if he challenges the legitimacy of the impeachment process on those grounds.
More on eTradeWire News
- Crypto Invest Summit and Security Token Summit Partner with Digital Asset Advisors
- Japan's Swimming Great and 2020 Tokyo Olympics Hopeful diagnosed with Leukemia cancer
- Belia Skin, Beauty Spa offers microblading, microshading along with tips
- Panorama City Chamber of Commerce day & Anniversary at the Platinum Banquet Hall
- Join Lennar for the Grand Opening of Stonehaven in Vancouver on April 6!
Although the issue is far from clear, there is strong precedent that a sitting president can be impeached - and removed from office by impeachment - only for wrongdoings committed while in office.
The strongest and most persuasive precedent comes from the impeachment of Vice President Schuyler Colfax.
While considering his impeachment, the House Judiciary Committee concluded that impeachment "should only be applied to high crimes and misdemeanors committed while in office and which alone affect the officer in discharge of his duties as such, whatever may have been their effect upon him as a man, for impeachment touches the office only and qualifications for the office, and not the man himself."
Indeed, according to a study by the Congressional Research Service, Congress has identified three types of conduct that constitute grounds for impeachment, and all require that he already be in office.
These categories, which may not be exhaustive, include: (1) improperly exceeding or abusing the powers of the office; (2) behavior incompatible with the function and purpose of the office; and (3) misusing the office for an improper purpose or for personal gain.
In short, for impeachment, what is necessary is some presidential action that counts, in Alexander Hamilton's words, as "the abuse or violation of some public trust," and not even more serious crimes and other wrongdoing which may have occurred prior to the time he assumed office.
If this precedent is still seen to control and is followed, Trump could not legally be impeached, and possibly removed from office following an impeachment trial, for anything he may have done before assuming the presidency.
While there is some precedent apparently to the contrary, it seems to be clearly distinguishable, argues Prof. Banzhaf. More recently, federal Judge Thomas Porteous was removed from the bench by Congress for attempting to conceal, during his confirmation process, various prior wrongful acts.
More on eTradeWire News
- Snoop Dogg Teams Up With Matt Cimber In The Remake Of "The Candy Tangerine Man"
- Jill Liberman & Sean Kanan To Guest On The Jimmy Star Show With Ron Russell Wednesday Marcy 27, 2019
- POPcodes® Inc. to Exhibit at the 2019 SEAA Conference in Atlanta, GA
- Pete Laan - Voice over animals comedy for YouTube
- Maternal Mental Health Leadership Alliance (MMHLA) Launched to Make Maternal Mental Health a National Priority
So it could be argued that this more modern precedent would permit President Trump to be impeached, and ultimately removed from office, for pre-inauguration wrongdoings.
But critics could argue that precedent related to a judge does not necessarily apply to the impeachment of a president.
Moreover, although the wrongdoing technically occurred before Porteous took office, it was directly related to the office from which he was later impeached.
Indeed, it could even be argued that the falsification which led to his confirmation rendered his appointment invalid from the very beginning, and therefore was directly related to his service in office.
In contrast, Trump might argue, the alleged wrongdoings likely to be established by the New York investigation clearly preceded his election, and that his arguably unsavory background, including sexual dalliances, were well known but did not prevent him from being elected.
This just might create a constitutional crisis. If the House votes to impeach Trump, even in part, for his alleged wrongdoings before taking office, and the Senate upholds the impeachment and demands that he step down, Trump can argue that the process is invalid under the Colfax precedent, Alexander Hamilton's explanation, and for other reasons.
In such a situation, it is not at all clear that, because of concerns about legal standing and other legalistic problems, federal courts, including even the Supreme Court, could consider - much less rule - on the situation, nor that a combative President Trump would yield office even in the face of any such ruling.
As MSNBC's Joy Reid recently suggested under a slightly different situation in which Trump seeks to defy the law, "there could be White House besieged by federal marshals who would wait for Trump to give the Secret Service a stand down order."
http://banzhaf.net/ jbanzhaf3ATgmail.com @profbanzhaf
- Jeff Gorden and Kyle Topper of Eagle Commercial Realty Services Sell PremieRVehicle Storage
- Coowa.net - a professional community and a marketplace of electronics industry
- APC by Schneider Electric announces 2019 IT Makeover Contest for K-12 schools
- Fort Myers Miracle hosting 12 spectacular fireworks shows during 2019 baseball season
- Durham Executive Coach Exceeds Expectations at International Conference
- MedTech Strategist and McGeever Family Office Announce the 2019 Southeast MedTech Forum
- Attorney Joe Wojciechowski Announces the Filing of a FINRA Claim Regarding GPB Capital Holdi
- The Sportsbook Industry Is Experiencing a Never Before Seen Female Demographic, Says PayPerHead.com
- Temperature and Humidity Monitoring Protects Thermal Insulation in Buildings
- Gwinnett Clean & Beautiful Nominated for IMPACT Regional Business Award
- Toronto Home Renovation Company
- Savant Books and Publications announces its 2019 March Madness Sale!
- Roasters Coffee - Community Giving Day March 25th, 2019
- Philadelphia Theatre Company Presents Philadelphia Premiere Kilroy's List Pick How to Catch Creation
- Discover The Majestic Landscape Of Chile's Patagonia In Patagonia Camp Cup
- Craft Concepts Group Announces Opening of Stylish New Bar and Restaurant Blume at 1500 Locust
- Mothers' Blessings A THOUSAND YEARS original by Minister Vicki Lane
- Award Winners Announced by SR Socially Relevant™ Film Festival NY 2019 International Jury
- Bosco Tech Assistant Principal Wins Engineering Education Award
- Stand-up Paddleboard Safety Video Premieres