On the recordJanuary 29, 2020
I send a question to the desk. The CHIEF JUSTICE. Thank you. Senator Shelby's question is directed to counsel for the President: How does the noncriminal ``abuse of power'' standard advanced by the House Managers differ from ``maladministration''--an impeachment standard rejected by the Framers? Where is the line between such an ``abuse of power'' and a policy disagreement? Mr. Counsel DERSHOWITZ. Mr. Chief Justice, I will address this. Senators, thank you very much for that question because that question I think hits the key to the issue that is before you today. When the Founders rejected maladministration--and recall that it was introduced by Mason and rejected by Madison on the ground that it would turn our new Republic into a parliamentary democracy where a Prime Minister--in this case, a President--can be removed at the pleasure of the legislature. Remember, too, that in Britain, impeachment was not used against the Prime Minister, and neither was a vote of no confidence; it was used against lower level people. So maladministration was introduced by Mason, and Madison said no, it was just too vague and too general. What is maladministration? If you look it up in the dictionary and you look up synonyms, the synonyms include abuse, corruption, misrule, dishonesty, misuse of office, and misbehavior.…
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