The articles of impeachment, an indictment, contain two nebulous charges, neither of which are crimes under federal law. One has been labeled Abuse of Power and the other, Obstruction of Congress.
The relevant section of the US Constitution governing impeachment is Article 2. Section. 4.
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.
"Other high Crimes and Misdemeanors" could only ever mean crimes like treason or bribery where the crimes injury all the people of the United States and not merely an individual. And that is the key, the whole of the people would need to be injured as a result.
So likely other high crimes would be embezzlement or graft, for example. Other misdemeanors might be perjury to cover up treason, bribery, embezzlement or graft.
Yet, there must be actual concept of crimes as found it criminal law. The nebulous "Abuse of Power" is not a crime known in criminal law. "Obstruction of Congress" is not a crime in criminal law.
The Burr-Hamilton Duel and Its Impeachment Implications
To be sure, a crime committed by the President against an individual could not be construed as a high crime. How could we know this truth?
On July 11, 1804, then Vice President of the United States Aaron Burr met the famed Alexander Hamilton, and Burr's political foe, at what were thought of as dueling grounds near Weehawken, New Jersey, for a duel of honor.
The Vice-President fatally shot Hamilton, who died of his wound on the day following.
Though charged with murder by both the states of New Jersey where the shooting took place and New York where Hamilton died, Burr, still vice-president, returned to Washington, D.C., where he finished his term as vice-president.
Though all of Congress knew of the incident, the sitting House did not bring forth articles of impeachment against Burr.
To reiterate, a high crime must be one where the whole of the people of the United States are victims, such as treason, bribery, embezzlement, graft or perjury to cover-up any of the foregoing.
Murder, assault, drunk driving, or even sexual assault would fail to rise to the seriousness of a high crime.
Is the President Obligated to Follow Talking Points Given to Him by the Deep State Bureaucracy?
In the claim of abuse of power, the Democrats-led impeachment prosecutors insist that President Trump is required to follow recommendations by executive branch staff bureaucrats. Specifically, the Dems claim that President Trump rejected the talking points crafted by some low-level clown, Alexander Vindman, regarding the country of Ukraine. It should be know that Vindman was born to Ukrainians in Ukraine and ought to be seen as a Manchurian candidate of sorts.
Vindman aside, any president of the United States need not listen to anyone during his term in office. The Constitution is explicit about this Article 2. Section. 1.
The executive Power shall be vested in a President of the United States of America.
Further, in Article 2. Section. 2. the Constitution references the authority the President has regarding underlings.
[The President] may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices.
Notice they put the word opinion for a reason into the text. More so, they capitalized it. An opinion could never be a directive, an order that a sitting president must follow. An opinion is nothing more than the thought of another, which could be interesting, useful or helpful or which could be dull, useless or harmful.
In the text, may means authority, as in a president has the authority to compel an officer to give opinion.
No president is under any obligation to listen to anyone. The executive power of the USA is his alone.
The impeachment of President Trump perhaps is the lowest point in the history of the USA. There is no constitutional basis for it. Instead, this action against the President is little more than an extension of Hashtag the Resistance. It is a shameful exercise of abuse of power by the majority in the House of Representatives, an abuse that borders on treason.
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