My old friend noz has helpfully done a grammatical deconstruction of the wording of impeachment in the United States Constitution:
It is true the Constitution says “high crimes and misdemeanors.” But what is the larger context? Let’s look at the whole sentence:
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.
Did you see that? There is actually an “or” in there. The sentence says that the President can be impeached for Treason, Bribery, or other High Crimes and Misdemeanors.” The “and” between “crimes” and “misdemeanors” doesn’t mean you need both. Because it is part of a larger disjunctive clause, it means that any single high crime, high misdemeanor, instance of bribery, or treason would be enough to impeach.
On the one hand, you’re probably asking yourself, “Who cares?” On the other hand, the president seems to care.
Reporter, May 30: Do you think they’re going to impeach you? Do you think they’re –.
Trump: I don’t see how. They can, because they’re possibly allowed, although I can’t imagine the courts allowing it. I’ve never got into it. I never thought that would even be possible to be using that word. To me, it’s a dirty word, the word impeach. It’s a dirty, filthy, disgusting word and it had nothing to do with me.
So, I don’t think so, because there was no crime. You know it’s high crimes and, not with or or, it’s high crimes and misdemeanors. There was no high crime and there was no misdemeanor, so how do you impeach based on that?
Yes, I know that the “and, with or or” comment was not the most submental thing that the man said. His remark about “the courts” not allowing him to be impeached set a Guinness Book of World Records mark for arrested development in an American male. My nine-year old son heard that remark on the television and put down his book in frustration: “That’s not how it works! The House of Representatives does the impeaching!” Then he grumbled under his breath, raised his book, and said, “And the Senate holds the trial…”
He’s just finishing up third grade, but he knows his Constitution. For example, there’s Article I, Section 2, Clause 5:
The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.
And there’s Article I, Section 3, Clause 6:
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.
The only role “the courts” have at all is that the Chief Justice of the Supreme Court presides over the Senate trial. But, he does this is a mainly ceremonial capacity and, in any case, by the time there is a trial in the Senate, the president has already been impeached in the House. Also, that thing about the House having “the sole power of impeachment” makes it plenty clear that “the courts” can’t do a damn thing to stop them.
But Trump managed to get elected president without learning a damn thing about the Constitution, and that also helps explain why he thinks he has to commit both a high crime and a misdemeanor in order to be impeached. I can imagine him shooting someone on Fifth Avenue and then defending himself by saying he’s paid all his parking tickets.
The man’s brain does not function properly. He thinks the House is “possibly” allowed to impeach him but he’s “never got into it.” Millions of Americans with much less urgent reason to care have “gotten into it,” and they’re not confused. He never thought it was possible to even use the word “impeach” because it’s such a dirty filthy word and has nothing to do with him.
Excuse me while I interject a little aside about filthy words.
Trump: I moved on her, actually. You know, she was down on Palm Beach. I moved on her, and I failed. I’ll admit it.
Unknown: Whoa.
Trump: I did try and fuck her. She was married.
Unknown: That’s huge news.
Trump:…I moved on her like a bitch. But I couldn’t get there. And she was married. Then all of a sudden I see her, she’s now got the big phony tits and everything. She’s totally changed her look.
As I was saying, someone injected shit in this man’s cranial cavity. He has committed many demonstrable and blatantly felonious acts, as attested to by (checking my notes) over 1,000 former federal prosecutors who unanimously say “the conduct of President Trump described in Special Counsel Robert Mueller’s report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice.”
Yet he thinks “there was no high crime and there was no misdemeanor, so how do you impeach based on that?”
Every single thing he said in that brief response to a reporter’s question was dumber than the dumbest episode of Fox & Friends. There’s only one thing in the impeachment clauses of the Constitution that should give the president comfort, and that comes in the part about the Senate trial:
…And no Person shall be convicted without the Concurrence of two thirds of the Members present.
He has the undeserved advantage of having a supine majority of Republicans in the Senate. That is his only shield. You’d think he’d be keenly aware of this. It’s the only thing preventing the House from impeaching him the next day they’re in session. It’s the only thing between him and an ignominious exit followed by some serious jail time.
He’s a criminal through and through, and has been since at least the moment he met Roy Cohn back in 1973 and asked for his help beating a housing discrimination rap. He’s also got shit for brains.
