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News, the Constitution, Trump Administration
The Third Indictment of Trump
The President challenges the Separation of Powers
Last week, a friend asked me, “Is Trump unimpeachable?” I opined, “Yes,” meaning that with a Republican-controlled House of Representatives voting monolithically with Trump, I doubted a majority would vote for an impeachment. I added, “A lot would depend on the charges.”
My friend shook his head. “You missed my point,” he told me, “I wasn’t asking about the politics, but the law.” He then explained, “Because of the Supreme Court’s decision on Presidential immunity, everything that Trump does as president is per se legal.”
I agree. Even if Trump violates the provision in the oath of office to “faithfully execute the Office of President of the United States” and, to the best of their ability, “preserve, protect and defend the Constitution,” no impeachable offense has been committed. Thus, the impeachment clause (Article II, Section 4 of the Constitution) is nullified by the immunity clause (Article IV, Section 2, Clause 1).
The impeachment clause provides for impeachment for “Treason, Bribery, or other high Crimes and Misdemeanors.”
Setting aside arguments that Trump has engaged in treason through his dealings with Vladimir Putin or other world…
