Mr. Chief Justice, I send a question to the desk on behalf of myself and Senators Hawley, Ernst, and Braun. The CHIEF JUSTICE. The question for counsel for the President from Senator Lee and other Senators: Under the standard embraced by the House Managers, would President Obama have been subject to impeachment charges based on his handling of the Benghazi attack, the Bergdahl swap, or DACA? Would President Bush have been subject to impeachment charges based on his handling of NSA surveillance, detention of combatants, or use of waterboarding? Mr. Counsel HERSCHMANN. Thank you, Mr. Chief Justice, Members of the Senate. Under the standard, which is no standard that they bring their impeachment to the Senate, any President would be subject to impeachment for anything. Presidents would be subject to impeachment for exercising longstanding constitutional rights, even when the House chose not to enforce their subpoenas under their vague theory of abuse of power. I guess any President--as Professor Dershowitz, he had a long list of Presidents who might have been subject to impeachment. So I am not going to go through the particular incidents because I don't want to besmirch past Presidents. I don't think the standard that they announced is helpful. I think it is very dangerous. I mean, you might want to get a lock on that door because they are going to be back a lot if that is the standard. The truth of the matter is, you don't have to look at anything.…
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