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@karlauerbach@sfba.social

2026-09-19 19:16 UTC

It concerns me that so many in Congress feel that impeachment is a criminal law process subject to the same procedural and substantive limitations as our criminal law, or that impeachment may only be for crimes enumerated by our Federal and state laws. That is not true. Impeachment by the House and Trial/Conviction in the Senate are not criminal procedures. Indeed, our Constitution clearly allows for post-impeachment criminal and civil actions. Impeachment & Trial/Conviction are *political* processes bound by the vagaries of "due process" and our own ethical values. Impeachment is a political act. It would be completely within our Constitution to impeach/convict a Federal officer for "skylarking with intent to gawk" - which is not a crime (except perhaps in Texas.) The Constitution does not define "high Crimes and Misdemeanors" - that is because those are intended to be subject to political winds and the ethics of a given time. This is particularly necessary given SCOTUS grants of royal immunity.

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