Regardless of your opinion on whether you believe President Donald Trump should be removed from office ( a recent poll* reports that 87 percent of Americans believe that Mueller report should be made public), it is time for all citizens to bone up on the rules of impeachment. What is the impeachment process? Historically, what did the framers of the Constitution mean by “Bribery, Treason and high Crimes and Misdemeanors?” And what are the differences between an impeachment trial in front of the Senate with the Chief Justice presiding and the rules of evidence in the standard trial by jury of your peers? Fortunately, there is an excellent primer available and you don’t have to be a legal scholar to understand it.
Impeachment: A Handbook New Edition
I was channel flipping in the deep recesses of the cable netherworld when I stumbled on a discussion between constitutional law professors Philip Bobbitt (Columbia) and Akhil Reed Amar (Yale) moderated by Benno Schmidt (formerly of Yale and Columbia) on C-SPAN’s American HistoryTV. I recognized Amar from CNN who makes an occasional appearance when he appears on matters of constitutional law. What impressed me most about the hourlong program was its thoughtful discourse about what constitutes an impeachable offense without acrimonious grand standing of partisan politics and soundbites.
It impressed me so much, that I purchased Bobbitt’s book Impeachment: A Handbook New Edition, which he updated from the original Impeachment Handbook written by Charles L. Black Jr. Black wrote the first edition in 1974 even before Richard Nixon resigned and it is considered a seminal work on the subject. Bobbitt updates the landscape of impeachment post-Nixon, which includes Ronald Reagan-Iran Contra, George W. Bush-Iraq and Bill Clinton-Monica Lewinsky. Though published in the summer before the 2018 midterms, Bobbitt does not mention Trump, but looks at the possibilities of impeachment. I would share more of his observations, but considering the length of this readable, inexpensive book (only 140+ pages) and the availability of the C-Span video online. I will encourage you to seek these on your own.
You could also read a good summary of the impeachment process in The Atlantic March 2019 issue, the cover story by Yoni Appelbaum is “The Case for Impeachment.” Appelbaum’s article is more opinionated but it does explain the impeachment process and it does a shout out to the Black and Bobbitt book as well:
The Nixon impeachment spurred Charles L. Black, A Yale law professor, to write the original Impeachment: A Handbook, a slender volume that remains a defining work on the question.
Black makes two key points. First, he notes that as a matter of logic as well as context and precedent, not every violation of a criminal statue amounts to a “high crime” or “misdemeanor.” To apply his reasoning, some crimes— say…willfully injuring a shrub on federal property in Washington. D.C. – cannot possibly be impeachable offenses. Conversely, a president may violate his oath of office without violating the letter of the law. A president could, for example, harness the enforcement powers of the federal government to systematically persecute his political opponents, or he could grossly neglect the duties of his office. That sort of conduct, in Black’s view, is impeachable even when it is not actually criminal.
Prepped with teachings of Bobbitt et. al, feel confident that you can enter any nuanced discussion about impeachment -- peppering your conversation with Latin phrases "eiusdem generis" and "nemo judex in causa sua." It is so much better than screaming matches and parroting soundbites from the news organization of your choice.
* The CNN poll came out in February and a similar poll by PBS in December of 2018 reported that 76% of U.S. adults were in favor of the Mueller report being made public.