Debra_Law wrote:All criminal offenses in violation of federal law are committed against the United States.
Maybe so, but that has little to do with the meaning of the terms "high crime" and "high misdemeanor" in English common law.
The difference between "high treason" and "petty treason" might help illustrate what "high" meant when it came to crimes:
http://en.wikipedia.org/wiki/High_treason
http://en.wikipedia.org/wiki/Petty_treason
Debra_Law wrote:Accordingly, you should re-examine your faulty "government as the victim of crime" theory as you have applied it and study the matter of "high crimes and misdemeanors" in the proper context of an officer's violation of the public trust.
Violation of the public's trust would be a high misdemeanor, if anything. But it is debatable if the Framers wanted a violation which did not specifically injure the government to be impeachable, because they removed the term "maladministration" out of fears that it would be too broad.
Debra_Law wrote:When President Johnson faced impeachment, the following arguments were made:
Quote:The theory of the proponents of impeachment was succinctly put by Representative Butler, one of the managers of the impeachment in the Senate trial. ''An impeachable high crime or misdemeanor is one in its nature or consequences subversive of some fundamental or essential principle of government or highly prejudicial to the public interest, and this may consist of a violation of the Constitution, of law, of an official oath, or of duty, by an act committed or omitted, or, without violating a positive law, by the abuse of discretionary powers from improper motives or for an improper purpose.''
Former Justice Benjamin Curtis controverted this argument, saying: ''My first position is, that when the Constitution speaks of 'treason, bribery, and other high crimes and misdemeanors,' it refers to, and includes only, high criminal offences against the United States, made so by some law of the United States existing when the acts complained of were done, and I say that this is plainly to be inferred from each and every provision of the Constitution on the subject of impeachment.''
The President's acquittal by a single vote was no doubt not the result of a choice between the two theories, but the result may be said to have placed a gloss on the impeachment language approximating the theory of the defense.
http://caselaw.lp.findlaw.com/data/constitution/article02/18.html
Curtis did not say
all criminal offenses against the United States. He said
high criminal offenses against the United States.
He was essentially arguing that a president could be impeached for high crimes, but couldn't be impeached for high misdemeanors.
The high misdemeanors thing must have given the defense some sleepless nights, given the fact that the Framers had expressly talked about "removing qualified cabinet secretaries" as an impeachable high misdemeanor.
I think the fact that the Framers included "misdemeanors" in the phrase of the Constitution, and specifically talked of impeaching presidents for high misdemeanors in their debates, would argue against the view of the Johnson defense.
However, if a president cannot be impeached for a high misdemeanor, it only strengthens the case for Bush not having done anything impeachable.