Business Law 101 / IMPEACHMENT

Business Law 101 / IMPEACHMENT

By Albert Kelley

This column is currently focusing on crimes and the criminal law statutes.  Coincidently, the country is discussing crime as well, namely whether the President committed any crimes.  I am not going to take a side in the debate, that is for Congress, but I do want to take a few minutes to explain the procedure that is happening in Washington. 

The United States Constitution is divided into numerous sections called Articles. Each of these Articles is then broken down into Sections.  Article 1 discusses Congress; Article 2 discusses the President; and Article 3 discusses the Judiciary and Supreme Court. Within Article 2, in Section 4 it states: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”  This sentence is what all the uproar is over.  Let’s break it down. 

The word “Impeachment” does not mean conviction or removal from office.  The meaning is simply a charge of misconduct made against a holder of public office.  In the criminal courts, this would be the same as an indictment or information. But now we have to go back to Article 1 to find out how the impeachment process works. Article 1, Section 2 states “The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.”  This is why the news coverage is centering on the House of Representatives.  At this stage the Senate plays no part of the proceeding. It is solely up to the House of Representatives to perform an investigation into the conduct of the President, and if the House of Representatives believes the President has acted wrongfully, they can issue Articles of Impeachment.  Now, before we go forward, we need to go back to the Article 2, Section 4, because the House of Repesentatives can ONLY impeach for Treason, Bribery, or other high Crimes and Misdemeanors. Treason is defined in the Constitution: “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” However, Bribery, high crimes and misdemeanors are not defined.  For those definitions we have to look to federal law. Bribery for impeachment purposes consists of any public servant who demands, receives, or accepts, anything of value in return for: (A) being influenced in the performance of any official act; (B) being influenced to commit or aid in committing, fraud on the United States; or (C) being induced to do or omit to do any act in violation of the official duty. The more difficult definition is “high crimes and misdemeanors”.  Let’s clarify something. A “high crime” does not mean serious. The word “high” simply means it is committed by someone in office. So really it is any crime or misdemeanor, but even this is a loose definition. It includes any misuse or abuse of office. In fact, the first person removed from office through impeachment was a federal judge for chronic intoxication. It is solely up to Congress to decide what constitutes a high crime and misdemeanor.

Once the House of Representatives votes to issue Articles of Impeachment, the case moves to the Senate.  Under Article 1 Section 3 states: “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”  There have been allegations in the news that if Impeachment moves to the Senate, it will simply be dismissed.  Under the rules, the Senate acts as the jury, but the judge will be Chief Justice John Roberts. Therefore, the Senate cannot simply block or dismiss the case.

If the Senate votes in favor of impeachment, the maximum action they can take is to remove the President from office.  However he may then be charged separately for any crimes and if convicted be punished according to law as any other citizen would.  This is why Gerald Ford pardoned Richard Nixon- to prevent any criminal case from going forward.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

 

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