High Crimes and Misdemeanors with Video Update

Inasmuch as an official impeachment inquiry had been initiated in the House of Representatives, I would like for all here and elsewhere to get a few things clear and straight regarding some of the terminology that will be heard over the course of what is about to transpire.

Starting with a clear and straight understanding of the following:

“High crimes and misdemeanors” is a phrase from Section 4 of Article Two of the United States Constitution: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

A ‘high crime’  cannot be committed by an ordinary citizen. A ‘high crime’ can only be committed by someone in a unique position of political authority, who does things to circumvent the law and justice.

“The phrase “high crimes and misdemeanors” when used together was a common phrase at the time the U.S. Constitution was written and did not require any stringent or difficult criteria for determining guilt; it meant the opposite. The phrase was historically used to cover a very broad range of crimes.”
—–Wikipedia

In Federalist Paper No. 65, Alexander Hamilton said, “…those offences which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself.”

The charge of high crimes and misdemeanors covers allegations of misconduct by (public) officials, such as perjury of oath, abuse of authority, bribery, intimidation, misuse of assets, failure to supervise, dereliction of duty, unbecoming conduct, refusal to obey a lawful order, chronic intoxication, and tax evasion. In my treatment of a catalogue of impeachable offenses, I include: appointing unfit subordinates as a component of possible articles of impeachment against Trump.

See https://bindlesnitch.com/a-catalogue-of-articles-of-impeacjment-against-trump/

Offenses by (public) officials also include ordinary crimes (misdemeanors), but perhaps with different standards of proof and punishment than for nonofficials, on the grounds that more is expected of officials by their oaths of office.

The history of the phrase goes back at least 6 centuries.

The phrase has been carried forward for more than half a millenium, and occurs in our present day Constitution with its use and definition in tact::

“In 1386, the English parliament had used the term “high crimes and misdemeanors” to describe one of the grounds to impeach officials of the crown. Officials accused of “high crimes and misdemeanors” were accused of offenses as varied as misappropriating government funds, appointing unfit subordinates, not prosecuting cases, not spending money allocated by Parliament, promoting themselves ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, arresting a man to keep him from running for Parliament, losing a ship by neglecting to moor it, helping “suppress petitions to the King to call a Parliament,” granting warrants without cause, and bribery. Some of these charges were crimes. Others were not. The one common denominator in all these accusations was that the official had somehow abused the power of his office and was unfit to serve.”

—–Wikipedia

The take away here is:

1. The “high crimes and misdemeanors” spoken of during impeachment proceedings are offenses that can be committed only by an individual who holds public office of a political nature.

Hence, impeachment is perforce, and by definition, a political process and only quasi-legal in nature.

2. Because of the fact that such offenses can be committed only by persons holding public office of a political nature, such persons are held to a higher standard re violations of the public trust.

3. It is for the reasons stated above that the legal standard in criminal proceedings, that the defendant must be proven guilty ‘beyond a reasonable doubt’, does NOT apply during a trial pursuant to articles of impeachment.

Try to keep these things in mind as the discussions, debates, and disagreements fill the airwaves and the internet.

Video Update:

Ari Melber, The Beat, MSNBC: