Impeachment – High Crimes and Misdemeanors

by Jack

What is a high crime and a misdemeanor?  In a historical context, a high crime is an offense that goes back hundreds of years to England.  This was held to be any offense committed by a person of high status and not a commoner.

For example: For example, charges in the impeachment of Edward Russell, 1st Earl of Orford in 1701 included many violations of trust in his positions.] In this case, he abused his position in the Privy Council to make profits for himself; as Treasurer of the Navy he embezzled funds.

In the United States we have three kinds of offenses, infractions, misdemeanors and felonies.  Infraction of the law carries only a fine and no jail time.  The other two types are offenses that could include a fine and or jail time.

Logic holds if it is above the level of a misdemeanor then it must be a felony.  Because we do not actually have high crimes because we do not have Earls or Dukes. But, back in the day of the founders, we called felonies a “high crime” it was a direct  carryover from English law and part of an established tradition.

In the impeachment of President Donald Trump we have a big problem, rather, the democrats have a big problem.  Exactly what law did Trump break?  The case against him does not name the law, it only alleges he committed an abused of power, a quid pro quo.  An abuse of power?  Where’s the law on that one?  Nobody seems to know, certainly not the democrats.

It must be proved that he is guilty of either a misdemeanor or high crime aka felony.  So where is it?  Answer:  There is no such thing as an abuse of power offense!  It has to be defined as a specific offense, perjury, embezzlement, theft, spying, extortion, etc., these are all defined and carry specified penalties.  Abuse of power as an offense that simply does not exist.  The democrats wanted to impeach Richard Nixon for an abuse of power, but the underlying abuse was really the crime of conspiracy to commit burglary.  Of course he was not impeached because he resigned first.

At this point, and based on the actual impeachment complaint and all the testimony so far, we still do not have a chargeable criminal offense.  This is the worst hatchet job in our nations history.

This impeachment trial process is not and was never designed to be, a fishing expedition!  Either the law has been broken or it hasn’t.  If it was broken, then the democrats better declare it, but they can’t.  This started back in the House and it should have been noted in the “points and authorities” contained within the original impeachment complaint, but it wasn’t.  If they can’t… they’ve got absolutely nothing!  Although, if that is the case, then all this hullaballoo has been for nothing – there is your gross example of abuse of power.   This appears to be nothing more than a despicable, partisan political stunt designed to weaken the president and the democrats totally bungled it.

This case is bogus and it should never have been used for impeachment.

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19 Responses to Impeachment – High Crimes and Misdemeanors

  1. Chris says:

    You started off well with the historical background, but then you got off track. Had you gone further with your initial analysis, you would have noted that Nixon was impeached for abuse of power. Are you saying Nixon should not have been impeached? Nearly all constitutional scholars say impeachment does not require a criminal offense. And the abuse of power in this case is clear: Trump illegally withheld aid without informing Congress for the purpose of extorting a foreign power into investigating a political rival. Do you want future Democratic presidents to know they can get away with this, too?

    • Post Scripts says:

      Chris, Nixon was not impeached, but if he had been the charge would have been for conspiracy to commit a burglary at the DNC hdqts.

    • Post Scripts says:

      Chris said, “Nearly all constitutional scholars (who oppose Trump) say impeachment does not require a criminal offense.” And I say, the rest of the experts say, there must be a criminal offense and they would be correct! It makes no sense to impeach a president unless he has done something wrong.

      • Chris says:

        Which experts? Dershowitz, who had completely the opposite view back when someone he didn’t like was being impeached? And your last two sentences don’t even make sense; of course Dems believe Trump has done “something wrong.” You know that one can do “something wrong” without necessarily committing a criminal offense, so why are you pretending otherwise?

        • Post Scripts says:

          Chris, lets talk what is, not what if’s, ok? The dems totally blew it, that’s a fact. Nixon wasn’t impeached, that’s a fact. And as for Trump, the dems had 3+ years to put together a case. They spent millions of our tax dollars on investigations and wasted hundreds of legislative hours trying to get Trump and they have failed miserably! That’s about to be a fact and it will remain so for all of history.

          Are you now saying, the evidence before us supports a conviction and that the dems were just too stupid and lame to put an easy case together?

          Sure sounds like it to me. Chris, as the song says, ya got to know when to hold em and when to fold em, and to know when to run. Get on your mark, get set…..

          • Chris says:

            Are you now saying, the evidence before us supports a conviction and that the dems were just too stupid and lame to put an easy case together?

            Come on. This is so dishonest.

            The evidence supports a conviction. The Dems made the case. The Republicans DO NOT CARE. They have said that they will not look at the evidence. They have refused to hear witnesses. I have presented the evidence here dozens of times, and no one here ever engages with it.

            You know this. But you just debased yourself by stanning for Nixon of all people, so I have no doubt you’ll continue pretending to *not* know all this for the rest of your life.

          • Post Scripts says:

            Chris, so everyone of these patriotic Americans who eagerly swore an oath to protect and uphold the Constitution while in office would 100% commit malpractice, refuse to look at the evidence and blindly support Donald Trump? Chris do you hear yourself? This stuff is getting crazier by the minute. You should move on, get your voters to support the candidate of your choice and just forget all this non-sense impeachment junk. The dems never had a case and they know it, you should realize that by now and just accept that you were duped and move on. It’s okay, enjoy the great economy and all the blessings bestowed to you by the GOP and Trump. lol

          • Chris says:

            Chris, so everyone of these patriotic Americans who eagerly swore an oath to protect and uphold the Constitution while in office would 100% commit malpractice, refuse to look at the evidence and blindly support Donald Trump?

            As it turns out, no! Mitt Romney looks like he’ll get out of this historical moment with some dignity. What’s the response from the MAGA crowd to his voting his conscience? Matt Schlapp threatening that he won’t be safe at CPAC, apparently admitting that Trump fans are violent and hysterical? Maybe they should rename it from the “Conservative Political Action Conference” to the “Trump Political Action Conference,” since the only actual conservative in Congress who actually cares about checks and balances and restraining executive power is no longer safe there.


  2. Peggy Harrington says:

    I’ve been watching the trial since day one. Yes, almost every minute with the exception of skin crawling, drama major, lying Schifty. It’s been an interesting learning experience to hear the truth unfiltered by the media.

    Turns out the subpoenas from Shifty’s committee weren’t “blanketly ignored” by the WH attorneys at all. Each subpoena was responded to by the WH stating that since the House hadn’t voted to give the committee the authority to issue subpoenas, per the Constitution, the WH wasn’t mandated to comply. Pelosi on Sept. 24th announcing at a press conference SHE was authorizing the impeachment inquiring wasn’t legal. The House finally voted to approve the inquiry on Oct. 31, 2019.

    Prior to issuing the Bolton subpoena the committee withdrew the subpoena for Charles Kupperman, Bolon’s top aid on Nov. 6, 2019. Trump’s legal team disclosed that the House committees never resubmitted or filed new subpoenas after the House voted giving the committees the authority to do so, on Oct. 31st. Proving once again process and details matter and lying by the Dems is a common occurrence for the party who believes they’re above the law.

    This is just one of several interesting details disclosed over the past couple of days. Stay tuned…. more to come. As of this morning Dems are showing signs of leaning to acquit president Trump. We’ll see.

    Would love to take a course from Dershowitz.

  3. J. Soden says:

    Thursday morning on Twitter:
    Harmeet K. Dhillon – @pnjaban . Lying to Congress is actually a crime.

    If so, then all of the House “managers” should be arrested!

  4. Peggy Harrington says:

    Meanwhile over in the House where nothing of importance is getting done our do nothing congress is earning its name.

    Scalise: People Will Die if Pelosi Won’t Renew Unanimously-Passed Fentanyl Ban Just to Spite Trump:

    “It’s bad enough Democrats tried to impeach President Donald Trump for criticizing NFL players, but now they’re ready to sacrifice American lives simply to deny him an achievement, Rep. Steve Scalise (R-LA) warned Tuesday in a Fox News Channel interview.

    A ban on the lethal drug fentanyl expires next week and – even though the Senate voted unanimously voted to extend it – House Speaker Rep. Nancy Pelosi (D-Calif.) won’t take up the bill – just to prevent Pres. Trump from an accomplishment, Scalise explained to Host Laura Ingraham:”

  5. Peggy says:

    Roberts was wrong to censur Paul’s question since it was about two staffers and the whistleblower remains unidentified.

    BREAKING: Chief Justice Roberts Censors Questions From Rand Paul. Paul Releases It.

  6. Peggy says:


    “This detailed timeline constructed by the America First Action team follows the development of the deep state’s Witch Hunt against President Donald Trump, a monstrous conspiracy which led to the shameful, partisan sham impeachment.”

  7. Peggy says:

    If you missed it.

    Rand Paul Uses Poster With Alleged Whistleblower’s Name On It During Senate Floor Speech:

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