October 7, 2019

Trump’s Stonewalling of Impeachment Inquiry Is an Impeachable Offense

As three committees of the House of Representatives proceeded with the impeachment inquiry of Donald Trump, the president tweeted, “I am coming to the conclusion that what is taking place is not an impeachment, it is a COUP.” Encyclopedia Britannica defines coup d’etat as “the sudden, violent overthrow of an existing government by a small group.”

On the contrary, Congress is fulfilling its constitutional responsibility to investigate allegations that could constitute impeachable offenses — that is, high crimes and misdemeanors. Indeed, during its early history in England, impeachment was called “the most powerful weapon in the political armoury, short of civil war.”

Impeachment is mentioned six times in Articles I, II and III of the Constitution. The “sole Power of Impeachment” resides in the House of Representatives. Impeachment is like an indictment. It requires a simple majority of voting House members. The case then moves to the Senate for trial. It takes two-thirds of the senators to convict the president and remove him from office.

In 1974, the House Judiciary Committee staff report for the Nixon impeachment inquiry noted: “The Revolution had been fought against the tyranny of a king and his council, and the framers sought to build in safeguards against executive abuse and usurpations of power.”

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books by marjorie cohn
Drones and Targeted Killing The United States and Torture Rules of Disengagement Cowboy Republic: 6 Ways the Bush Gang Defied the Law Cameras in the Courtroom

about marjorie cohn

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar and political analyst who writes books and articles, and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. Her columns appear on Truthout, HuffPost, Salon, Jurist, Truthdig, Portside, CommonDreams and Consortium News, and she has provided commentary for CBS News, BBC, MSNBC, CNN, Fox News, NPR and Pacifica Radio. Learn more about Marjorie >>

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