On the recordJanuary 29, 2020
Mr. Chief Justice, I send a question to the desk. The CHIEF JUSTICE. Senator Shaheen asks the House managers: The President's counsel has argued that the alleged conduct set out in the articles does not violate a criminal statute and thus may not constitute grounds for impeachment as ``high Crimes and Misdemeanors.'' Does this reasoning imply that if the President does not violate a criminal statute he could not be impeached for abuses of power such as ordering tax audits of political opponents, suspending habeas corpus rights, indiscriminately investigating political opponents or asking foreign powers to investigate Members of Congress? Ms. Manager GARCIA of Texas. Mr. Chief Justice, Senators, I appreciate the question. The simple answer is that a President can be impeached without a statutory crime being committed. That was the position and the question that was rejected in President Nixon's case and rejected again in President Clinton's case. It should be rejected here in President Trump's case. The great preponderance of legal authority confirms that impeachable offenses--of legal authority confirms that it is not defined in criminal conduct. This authority includes nearly every legal scholar who has studied the issue, multiple Supreme Court Justices who addressed it in public remarks, and prior impeachments in the House.…





