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What He Is Accused of Are Crimes.
Abuse of power and obstruction of Congress have long been considered criminal and merit impeachment.
By Nikolas Bowie
Mr. Bowie is an assistant professor at Harvard Law School.
Common-law crimes are no harder to define with precision than crimes written down in a statute. Ask any first-year law students for the common lawâs definition of burglary and theyâll (hopefully) be able to tell you: âthe breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony.â If someone is accused of burglary in a state where the crime isnât defined by statute, no defense lawyer would respond by announcing that burglary is vague or made up. Burglary is an established crime, even where its definition exists only in legal treatises and judicial opinions.
President Trumpâs defense falls apart for precisely the same reason. As with burglary, American legal treatises and judicial opinions have long recognized the criminal offense of âabuse of power,â sometimes called âmisconduct in office.â In 1846, the first edition of the pre-eminent treatise on American criminal law defined this common-law offense as when âa public officer, entrusted with definite powers to be exercised for the benefit of the community, wickedly abuses or fraudulently exceeds them.â The treatise noted that such an officer âis punishable by indictment, though no injurious effects result to any individual from his misconduct.â
As for âobstruction of Congress,â thatâs not only a common-law crime. Versions of the crime have also been listed in the federal criminal code since the 19th century.
President Trumpâs defense falls apart for precisely the same reason. As with burglary, American legal treatises and judicial opinions have long recognized the criminal offense of âabuse of power,â sometimes called âmisconduct in office.â
Ask any first-year law students for the common lawâs definition of burglary and theyâll (hopefully) be able to tell you: âthe breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony.â
As with burglary, American legal treatises and judicial opinions have long recognized the criminal offense of âabuse of power,â sometimes called âmisconduct in office.â
originally posted by: Boadicea
a reply to: game over man
Wow. He's really trying to equate a tangible and quantifiable crime (burglary) with a subjective and ideological disagreement ("abuse" of power). That's quite the leap... but I'm not surprised. Desperate times call for desperate measures and all that rot.
"Abuse of power" is inherently subjective. You consider it abuse because you don't like what Trump did.
originally posted by: vethumanbeing
originally posted by: JoseGarcia
originally posted by: Lumenari
JoseGarcia:George Soros paying for a lot of such was likely a great buddy of Goebbels. Certainly he was in sympathy with Goebbels strategies & goals. How treasonously hideous.
I confess to not knowing that association; I do wonder why he has to puppeteer the machinations of the Democratic Party instead of just getting out there and running himself. Is he so vulgar or repulsive (unlikable/un-electable)? It is interesting how the Democratic Party has acquiesced to the idea of "the buying of an office IS A-OK".
originally posted by: Xcalibur254
a reply to: shooterbrody
Last time I checked there is only one section in the Constitution that covers impeachment for Presidents and civil officers. Can you show me the clause that lays out different requirements for Presidents to be impeached?
If not, then the impeachment of James H. Peck is a valid example.
originally posted by: Boadicea
a reply to: game over man
President Trumpâs defense falls apart for precisely the same reason. As with burglary, American legal treatises and judicial opinions have long recognized the criminal offense of âabuse of power,â sometimes called âmisconduct in office.â
Wow. He's really trying to equate a tangible and quantifiable crime (burglary) with a subjective and ideological disagreement ("abuse" of power). That's quite the leap... but I'm not surprised. Desperate times call for desperate measures and all that rot.
Ask any first-year law students for the common lawâs definition of burglary and theyâll (hopefully) be able to tell you: âthe breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony.â
As with burglary, American legal treatises and judicial opinions have long recognized the criminal offense of âabuse of power,â sometimes called âmisconduct in office.â
But here's the thing: Burglary is defined by a specific, observable tangible fact... the very specific action of entering a building without permission or authorization with intent to commit a crime. Abuse of power is in fact a vague, subjective and intangible belief.
In other words, with a burglary, someone either entered a building unlawfully or not. There is no gray area. Abuse of power -- both in general and in regards to the Dem's desperate impeachment -- is subject to opinion. Whereas you might see Trump's actions as an abuse or an obstruction of Congress, I see Trump doing his damn job. Because it is in fact the President's job to execute and enforce the laws, and I EXPECT our President to investigate and encourage investigation of suspected criminal acts, especially when those criminal acts are committed by a sitting Vice President and other elected and non-elected government officials.
But ya know what opinions are really good for? Deciding who to vote for and who NOT to vote for. I didn't vote for Trump in '16. I had no intention of voting for Trump in '20. Until the criminally corrupt critters decided to shove a big fat middle finger in the faces of the voters to remove their duly elected president all to protect their own sorry arses from their own criminal corruption.
Okay. So be it. I'll shove my big fat middle finger in their faces in the voting booth when I cast my vote for Trump.
I wonder how many others are going to do exactly the same as me...