Because of the Porteous case, it is clear that if President Trump participated in a conspiracy to defraud the United States during the campaign by colluding with the Russians, there is a historical basis for the Senate to remove him from office. It is even more clear that if he committed the offense of obstruction of justice while in office, that would provide a legal basis for removal.

    Yet, one of the most important lessons I learned during the Porteous case was that the legal standard for what constitutes a high crime or misdemeanor is less important than the practical and political standard that must be met in any impeachment case. And while that political standard cannot be easily or uniformly defined, I think in the present context, it means the following: Was the president’s conduct so incompatible with the office he holds that Democratic and Republican members of Congress can make the case to their constituents that they were obligated to remove him?

posted by kleinbl00: 323 days ago