Tradition is not the worship of ashes, but the preservation of fire.—Gustav Mahler

Sunday, January 19, 2025

Impeachable Offenses?

 


Is President BIDEN’s announcing that a proposed constitutional amendment is part of the actual Constitution when it has not been certified by those charged with doing so and announcing such contra his own Office of Legal Counsel’s advice, a lie? Is his announcement an impeachable offense?

If the Vice President and/or any federal statutory officers (e.g., members of the cabinet, etc) advised President BIDEN to take this course of action, does their advice subject them to impeachment, trial, conviction, removal, and/or disqualification?

If they are bar members, can they be sanctioned for offering negligent legal advice or for recklessly or knowingly giving advice to commit an illegal act?

Is this an opportunity for the U.S. House of Representatives to assert the controverted power of “late” impeachment—that is, impeaching a former federal (elected) official or former federal (appointed) officer? Or, must the House impeach BIDEN prior to the end of BIDEN’s term? And in regard to federal statutory officers, must the House impeach such officers while they remain in their position, but not afterwards?

If BIDEN actually believes that the proposed Equal Rights Amendment is part of the U.S. Constitution, should he not order the archivist to certify its ratification? Is BIDEN’s failure to order the archivist to certify the ERA and/or Biden’s failure to remove the archivist itself an impeachable offense for a failure to TAKE CARE that the law be faithfully executed? Take Care Clause, U.S. Const. Article II, Section 3.

 

Seth Barrett Tillman, Impeachable Offenses?,’ New Reform Club (Jan. 19, 2025, 4:24 AM), <https://reformclub.blogspot.com/2025/01/impeachable-offenses.html>; 


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