(November 18, 2015 at 3:34 pm)Thumpalumpacus Wrote:(November 18, 2015 at 1:42 pm)popeyespappy Wrote: And that's why I posted what I did. The house is not subject to judicial review when impeaching the president or a sitting federal judge. They can call anything they want to a high crime. That doesn't mean they will get a conviction in the senate, but the senate doesn't impeach. They conduct the trial. Impeachment is only the process of bringing charges. In the case of the president and judges the house has complete control over this process. They don't need a law on the books. They can call anything they want a crime, and there is nothing to stop them from doing so.
As I said, I know this. But again, bringing charges means charging the official with "high crimes or misdemeanors". Certainly some obtuse representative can try to charge a President with chewing the wrong flavor of gum, but whether that firstly will carry any weight in the House, or secondly result in a conviction in the Senate, is so farfetched as to be impossible. And that's not to mention the SCOTUS's appellate function in those cases, which is implicit in its ability to adjudicate all appeals of convictions.
It follows that a crime, be it high or simply a misdemeanor, should be filed -- otherwise any "conviction won't be obtained, or if somehow obtained, won't pass review. And I'm still waiting for WoG's preferred charge.
As discussed with CD it isn't clear whether or not SCOTUS has an appellate function in such a case. In previous rulings on impeachments SCOTUS has been clear that the senate not the courts have the final word. But those rulings were about impeachments of judges not the president so they might take a different view in such a case.
As far as charges go what I hear most often is abuse of power related to executive orders on immigration. I've heard that from a number of both sitting and hopeful members of the house. BTW, both Reagan and HW Bush issued executive orders that made it easier for some groups of illegal immigrants to stay in the US. I can't seem to recall any republicans threatening to impeach them for it though...
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