Tuesday, February 4, 2020

'High Crimes and Misdemeanors' Means Abuse of Office and Trust

   How heavy did the Democrats drive this point during the Senate trial: "High crimes and misdemeanors" is a term that had been used in England for 400 years. It does not refer just to chargeable laws. No, in English law, it referred to, at least as much as anything else, abuse of official power and trust.
   Alexander Hamilton, writing in the Federalist Papers, said English tradition was the model for what was written in the U.S. Constitution.
   If President Trump abused his power, he should be impeached. The Constitution provides a way for this to be done because the founding fathers did not want presidents to abuse their power. If you support the Constitution, you use its provisions to do what is right. Abuse of power doesn't rise to an impeachable offense? In a nation where morals don't matter, maybe not. But, in clearer reality, yes, abuse of power is a definite wrong. Some might say it is no big deal, but I (and others) suggest it is.
   The Democrats should have been emphasizing and repeating all this during the trial. They should have done so to the point that the Republicans were not able to fall back on the notion that Trump's was not a specific crime, and was no big deal, anyway.
   The Republicans had the polished lawyers. The Democrats? Did they even employ any? They certainly were not smart enough to drive this simple point home.
   Of a truth, they should not have had to. The Republican senators should have studied up enough, on their own, to have known this. I think of at least one, our senator here in Utah, Mike Lee, who is known as a constitutional expert. Did he know all this? And, how many of them knew it, but set it aside?

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