Tag: Brett Kavanaugh

Impeachment Primer

“A good magistrate will not fear [impeachments]. A bad one ought to be kept in fear of them.” – Eldbridge Gerry (Massachusetts), later elected to the House of Representatives; served as Vice-President under James Madison.

“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.” – Article 2, Section 4
Step one: the House of Representatives by simple majority passes Articles of Impeachment, laying out the alleged offenses of the impeached officeholder. Step two: the trial is held in the Senate. In the case of the president, the Chief Justice of the Supreme Court presides, otherwise the President of the Senate aka the Vice-President. (The Constitution does not specify; inferring it would be the usual presiding officer.) A two-thirds majority is required to convict and remove from office. Conviction by the Senate does not disallow criminal prosecution.

Continue reading “Impeachment Primer”
0

The Evolving Brett Kavanaugh

Senate Majority Leader Mitch McConnell, as you likely know, has re-thought his principled position on consideration of Supreme Court nominees. Previously, he was adamant that Senate hearings were not appropriate before the American people had spoken in an election. Now, of course, he is anxious for a speedy confirmation, before the upcoming election, of the latest nominee. That candidate, Brett Kavanaugh, has had his own evolution of a firmly-held belief. In 2009, he wrote about bringing criminal charges against a sitting president. His opinion no doubt strengthened his perceived qualifications to join the Supreme Court.

“In particular, Congress might consider a law exempting a President — while in office — from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel.”

Continue reading “The Evolving Brett Kavanaugh”

0