High Crimes and Misdemeanors

“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.”

ARTICLE 2 SECTION 4 of the US Constitution specifies the terms for the impeachment of the President and other government officers. While the meaning of “treason” and “bribery” may be clear in US law, the other two terms, “high Crimes and Misdemeanors,” have defied definition ever since that marvelous document was drafted. Obviously this makes impeachment both obscure and difficult----as it should be. Impeachment happens when the House of Representatives brings an indictment, following which the Senate conducts the trial.

In 1974, the House charged President Nixon with three such offenses. First was the obstruction of justice, a charge that was debated but never voted on. The President resigned before any action was taken on any of any of the charges.

In 1998 Bill Clinton was charged with perjury and obstruction of justice, and impeached by the House. The Senate, however, failed to convict him.

In 1868 Andrew Johnson was charged and convicted on eleven counts under the category high Crimes and Misdemeanors. There is cause to wonder if the meaning of those words in each case is whatever Congress says they are. Constitutional scholars and linguist are the authorities to sort that out, not an amateur columnist.

While the definition remains unclear, here are a few things it does NOT mean:

· Claiming to know more about science than the world’s scientists, more about the military than the nation’s generals, and more about everything than any so-called body of scholars, authorities—or anyone else.

· Declaring without proof or even evidence that American security requires the separation of little children from their parents, and claiming without proof or evidence that among the thousands of refugees there are a substantial number of violent thugs, rapists, terrorists and drug runners.

· Siding with the world’s most cruel fascist dictators, and turning away from traditional democratic allies including eviscerating NATO.

· Attacking the press and calling any report that puts him in less than favorable light, ”fake news.”

· Telling lies about almost anything.—(I don’t have enough space to publish a proper list but The Washington Post details 8,158 false statements in the la 730 days.)

· If not a racist, being supported by those who are—and claiming that among a violent racist mob there were good people.

· Volunteering to pay for the legal defense of any supporter who is convicted of violence in a political rally, and honoring a supporter who body-slams a reporter.

· Claiming the right to grab any woman by the crotch, and paying big bucks to silence prostitutes.

· Refusing to serve in the armed forces because of a bone spur in the heel, while being a star all-around athlete in college and thereafter.

· Shutting down large parts of the Federal Government, harming 800,000 workers, wounding the American economy and threatening to declare a national emergency to bamboozle Congress into putting up over 5 billion dollars for a barrier that would never solve any problem

I have not even begun to exhaust the reasons not falling under the Constitution’s “high crimes and misdemeanors” cause for impeachment. Whatever, the above list suggests that any person whose life reflects that sort of conduct is a disgrace and should be disqualified from holding any office of trust. The final voice, however, rests with the American people. Most of us stand humiliated before the nations of the world who wonder if this President really represents the best that we can do.

P.S. H.L. Mencken was a nationally known journalist at The Baltimore Evening Sun. He was also a curmudgeon with a sharp pen. Here is what he once wrote.

"As democracy is perfected, the office of the President represents more and more closely the inner soul of the people. On some great and glorious day the plain folk of the land will reach their heart's desire at last and the White House will be occupied by a downright fool and complete narcissistic moron.” The Baltimore Evening Sun, July 26 1920