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Six Democratic congressmen, including Rep. Luis Gutierrez of Chicago, want to impeach President Trump. But are they willing to add to their so called articles of impeachment charges of sexual misconduct?

If so, are they willing to bring similar charges against Conyers and Franken? Members of the House and Senate are not subject to impeachment. Rather, under Article I, Section 5, “Each house . Constitution provides “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 1 provides that the House has sole power to bring charges of impeachment. Supreme Court Justice William O. Rep. Gerald Ford gave a very practical definition: “An impeachable offense is whatever a majority of the House of Representatives considers it to be.”

It was on that basis, that President Bill Clinton (quite wrongfully, in my opinion) was impeached, but not convicted. But Ford’s understanding is not what the framers understood or intended.

The framers borrowed the phrase “high crimes and misdemeanors” from English experience and history. Parliament had impeached for the misuse of public funds, abuse of political (not sexual) power, neglect of duty, corruption, and encroachment upon the prerogatives of the legislature.

For example, English Lord Chancellor Francis Bacon, was impeached for corruption and taking gratuities “bribes” from litigants. Charles I was charged with treason for waging war against Parliament, and the people therein represented, and for abuse of power for encroaching on the prerogatives of Parliament, according to “The Enduring Constitution,” by Jethro Koller Lieberman.

American President Andrew Johnson (1867), Justices Samuel Chase (1804) and William O. Douglas were charged with acts done while they held office. Richard Nixon also would have been, had he not resigned.

To revisit charges of sexual misconduct against Mr. Trump before the election, or to examine additional charges that could have been leveled at that time, which weren’t, would be a gross abuse of the power of impeachment.

In an impeachment, the Senate acts as the jury. But the charges against Mr. Trump made before the election have already been passed upon by another jury the ultimate jury the people of the United States, voting in the 2016 presidential election.

The voters were fully aware of the allegations. They had been relentlessly broadcast by the press, Democratic politicians, and anti Trumpists across TV, cable, radio, newspapers and the internet. And the voters elected Mr. Trump.

There is something utterly undemocratic about 67 Senators nullifying a presidential election the considered will of the American people.

(I am not saying that the Senate could not convict a president of a pre election “high crime or misdemeanor” that was unknown to the voters on the day of elections that only comes to light later).

Mr. Lieberman writes, “Disapproval of presidential policies was not made a ground for impeachment, and it is generally agreed that the House abused its power in impeaching President Andrew Johnson in 1867 because it disliked his policies.”
ugg online Democrats seek to abuse impeachment powers