Impeachment Under Federalist 65


When Alexander Hamilton discussed impeachment in Federalist #65, he wrote regarding a trial in the Senate: “The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or in other words, from the abuse or violation of some public trust.” He further stated: “…they relate chiefly to injuries done immediately to the society itself.”

The Constitution provides in Art II, Sec. 4: “The President…shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”

While treason and bribery are relatively easy to understand, what did the Founders mean by the words: “other high crimes and misdemeanors”? What “other” “high crimes”? What “other” “misdemeanors”?

In addition to Trump’s attempted bribery of the Ukraine President, he committed “other” crimes and “misdemeanors,” such as repeated sexual assaults, prostitution, slanderous defamation, habitual lying and a loss of the public trust as to perjury, attempted malicious prosecutions of political opponents, co-conspiring with supporters to engage in battery, disorderly conduct, witness intimidation, obstruction of justice, obstruction of Congress, contempt of court, and willful violations of lawful subpoenas issued by federal and state prosecutors and the Congress.

Trump committed at least fourth degree “sexual assault” against a multitude of women. The evidence that he paid at least one high-priced call-girl over $150,000 shows a willingness to engage in “prostitution” and a lack of the sort of “virtue” the Founders thought Presidents should possess.

Trump routinely abused his position of trust by tweeting out a torrid of “defamatory statements.” He made so many false comments about people it’s impossible to recite them all in one article. Persons previously unknown to the public, like the Ambassador to the Ukraine, have been singled out and subjected to false, vile and slanderous comments.

Trump’s tendency to lie about demonstrably true facts goes well beyond normal political rhetoric. It evinces a loss of the public trust as to the crime of “perjury,” since the President clearly doesn’t understand the basic difference between what is true and what is false.

Trump abused his position of trust by using his powers to wrongfully encourage the “malicious prosecution” of his political opponents. Apparently unaware of how power is transferred in a republic, he recklessly threatened to lock-up his 2016 rival Hilary Clinton.

Trump at rallies publicly encouraged his hard-core supporters to engage in unprovoked physical acts of “battery” against media employees and those who merely disagreed with him. He then co-conspired with his thugs by telling them he would pay their legal fees.

Trump engaged in “disorderly conduct” on many occasions, as he tried to provoke public disturbances.

Trump silenced some would-be accusers and attempted to mute others, as he used his twitter account to engage in “witness intimidation,” a federal crime. While brave people appeared before the House to speak the truth as to his corrupt practices, he tried to silence them.

Trump is guilty of “obstruction of justice,” the “obstruction of Congress,” and of “contempt of court,” not only with respect to his tax returns, but also as to his unlawful orders to subordinates that they disobey subpoenas and their higher oath to the Constitution. He blatantly abused his power and violated his oath of office, which is to uphold our Constitutional form of government and the rule of law.

Hamilton believed the President would only be a man of “virtue.” When he wrote Federalist #68 he explained that the electors who would attend the Electoral College would not choose a President of “low intrigue.” He thought “…the Office of President will seldom fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications.” He added: “There will be a constant probability of seeing the station filled by characters preeminent for ability and virtue.”

The probability that the Republican-controlled Senate will not convict or remove Trump from office is no excuse for not voting in favor of Articles of Impeachment in the House as to the offenses outlined above with respect to a man who has absolutely no virtue.

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