What is Impeachment?

By Tom Riggins --  We are bombarded constantly from politicians and reporters about impeaching Trump. For example, California hedge fund billionaire Tom Steyer has launched an attempt to impeach Trump. You may have seen his television ads on local TV channels. It is evident to me that those any of these entities either do not know or do not care what impeachment really is. Article II Section IV of the Constitution provides for removal of the President or Vice President “on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.” High crimes and misdemeanors is rather broad but it is clear that whatever activity being considered as impeachable must also be illegal. The House of Representatives must vote by majority to bring impeachment charges. Think of this as similar to an indictment in criminal court. It does not mean the President is guilty, only that there appears to be cause. If that vote occurs, then the Chief Justice of the Supreme Court conducts a hearing in Senate chambers. Each side has the opportunity to present their evidence, much like a court trial. The Senate then votes. It takes a two-thirds majority, or 67 Senators, to convict a President of the charges brought up on impeachment. Here are some other things impeachment is and is not. It is only for actions taken during the President’s tenure in office. It does not apply to actions taken before or after that service. Thus, “election collusion” as heard in the news, should it be true, is not an impeachable offense. It is only a factor if said action occurred during a President’s tenure and was somehow deemed to be illegal or treasonous. It is deliberately difficult to remove a President from office. That is to prevent a threat of impeachment being used for a political vendetta or disagreements over policy. There have only been two Presidents who have been impeached, Andrew Johnson in 1868 and Bill Clinton in 1998. Richard Nixon resigned prior to any impeachment action being taken. Neither Johnson nor Clinton were removed from office. Johnson’s impeachment was politically driven because he vetoed legislation passed to protect the rights of freed slaves, the Senate failed to convict. Bill Clinton was impeached, not because of his activities with interns, but because he lied under oath about those activities. In other words, he committed perjury. He was not, however, convicted by the Senate. There is a large amount of misinformation about impeachment found in the news. Voting to impeach does not mean removal from office. Hopefully this will set the record straight — but one can always consult directly with the plain language of the U.S. Constitution.