posted on Jan, 25 2013 @ 04:51 PM
The problem(s) with impeachment over this particular issue are:
If the House of Representatives (R - dominant = not really likely) were to draw articles of impeachment for the offence...
And the Senate (D- dominant = not if he had a 13 year old hooker and coc aine in the oval office with video) were to agree to even try him for
One would have to prove that he intended to violate the oath with forethought and malice rather than making the appointments in good faith believing
that he was within his authority.
Meaning he would have had to have to admit (as his correspondence is all excluded via executive privilege) under oath that he knew what he was doing
was unconstitutional, in that he knew the recess of the Senate was not of sufficient duration to warrant a recess appointment, and that he did it
It's really hard to prove intent which is why these type people always act in a way that leaves them the plausible deniability route.
I think even if the Senate were R dominant (Which will happen again eventually.) they would not impeach him for this as it would set a bad precedent
for their own shenanigans when they take hold of the office regarding recess appointments.