Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Tanuki

(16,566 posts)
30. This article has some good information
Thu Sep 26, 2019, 11:01 AM
Sep 2019

It's written by Corey Brettschneider, the author of The Oath and the Office: A Guide to the Constitution for Future Presidents


https://www.theguardian.com/commentisfree/2019/sep/26/does-trump-need-to-break-the-law-to-be-impeached-the-answer-is-no

"In the coming days, opinions sections and cable news shows will be inundated with discussion about whether President Trump’s attempt to pressure the Ukrainian president, Volodymyr Zelenskiy, into investigating Joe Biden’s role in a supposed conspiracy was a criminal act. However, the answer to this question alone does not tell us whether Trump should be impeached. The constitutional standard of impeachment – “high crimes and misdemeanors” – is not a legal one. Rather, an impeachable offense occurs when a president violates the oath to abide by the constitution’s limits and respect its values. Trump’s use of political pressure on a foreign power to further his own re-election chances clearly fits.
......
Nixon’s case is instructive in this era of Trump. Part of the case against Nixon was about his role in the unlawful break-in and cover-up at the Watergate hotel. But Congress also drew up articles of impeachment that criticized his obstruction of justice, abuse of power, failure to execute the law impartially, and defiance of subpoenas – all actions that undermined the office’s ideals of constitutional democracy, even if they were not criminal violations. There, instruction about the constitutional responsibilities of the president helped to turn public opinion.

We should take the same path in Trump’s case. Public opinion is not fixed and can be moved with the right approach, as it was during Nixon’s impeachment hearings, moving from 19% approval of impeachment to 50% from early 1973 to summer 1974. An inquiry can be useful in determining whether Trump committed crimes in seeking an investigation of Biden and his son, and a positive finding on that question obviously adds to the gravity of his wrongdoing. But Congress should also draw the public’s attention to Trump’s fundamental failures to uphold his constitutional responsibilities as president. The inquiry cannot just be limited to criminal harms."...(more)

Recommendations

0 members have recommended this reply (displayed in chronological order):

It's not clea at the moment RandySF Sep 2019 #1
Breaking a law isn't the necessary offense. stopbush Sep 2019 #2
Exactly. I learned that from Lindsey Graham...circa 1998 DrToast Sep 2019 #5
The question asked by the opponents of impeachment will be "What law was broken?" Algernon Moncrieff Sep 2019 #7
Campaign finance laws. This muthafucka is always breaking laws somewhere, believe that. nt UniteFightBack Sep 2019 #3
Also inducing a bribe grantcart Sep 2019 #29
He tried to influence the 2020 election in his favor by asking a foreign nation to shraby Sep 2019 #4
He did the same thing in 2016 asking Russia... Lock him up. Sep 2019 #17
+1, uponit7771 Sep 2019 #19
Using taxpayer money for bribery & extortion. Campaign finance violations (federal tblue37 Sep 2019 #6
I think those supporting impeachment would do well to make that point Algernon Moncrieff Sep 2019 #8
and treason gopiscrap Sep 2019 #32
18 USC 872 (possibly) James48 Sep 2019 #9
OK - I like it Algernon Moncrieff Sep 2019 #11
Here is the difference. James48 Sep 2019 #12
James, would you post this in its own thread? Thi statute is important to know about! librechik Sep 2019 #23
Abuse of Power. Extortion. Claritie Pixie Sep 2019 #10
I know. Why the hell are people asking? SCantiGOP Sep 2019 #13
The response from pretty much every GOPer so far is... Algernon Moncrieff Sep 2019 #15
Note: James48 Sep 2019 #14
Ari Melber explains how Trump may have committed an impeachable offense: emmaverybo Sep 2019 #16
I like the connection to the founding fathers an Federalist Papers. Algernon Moncrieff Sep 2019 #21
I agree. Translate the impeachable offenses into high crimes underpinned by the laws. Thank you emmaverybo Sep 2019 #34
as always, there is also mercuryblues Sep 2019 #18
+1, Trump ordering holding up the whistleblower report is open shut obstruction of justice uponit7771 Sep 2019 #20
Human Decency nt maxrandb Sep 2019 #22
Theres a shortage of that throughout this land. Algernon Moncrieff Sep 2019 #39
Prosecutor on Lawrence O'Donnell last night said extortion. Coventina Sep 2019 #24
He blatantly broke campaign finance law. TidalWave46 Sep 2019 #25
The question should be, shockey80 Sep 2019 #26
Among other things, campaign finance and bribery laws ... StarfishSaver Sep 2019 #27
Several OliverQ Sep 2019 #28
This article has some good information Tanuki Sep 2019 #30
From how I understand it... Newest Reality Sep 2019 #31
I am just going to illustrate that... Newest Reality Sep 2019 #33
In a broad sense, I agree with you Algernon Moncrieff Sep 2019 #36
Yup! Newest Reality Sep 2019 #37
In Nixons time, the dignity of the office was a huge deal Algernon Moncrieff Sep 2019 #38
K&R smirkymonkey Sep 2019 #35
Latest Discussions»General Discussion»Question for DU Legal Min...»Reply #30