A hurdle to indictment

Seventeen U.S. intelligence agencies agree that Russia used hacking to influence the outcome of our presidential election, according to a U.S. intelligence report. This should seriously concern every American. Three investigations are underway to determine the extent to which members of the Trump campaign may have cooperated with the Russians.

By his own admission, the FBI investigation was on President Donald Trump’s mind when he fired Director James Comey. This has caused many people to interpret this as obstruction of justice and abuse of power, both impeachable offenses.

There are misconceptions about impeachment as a method for removing a president. The process begins in the House of Representatives where charges are brought against the president. The House then votes to impeach or not. The process then moves to the Senate, which, after debating the charges, votes to either acquit or agree and remove the president from office. It is a political process, not a judicial one.

Another method for removing a president is in the 25th Amendment, passed by Congress in 1967. It relates to the president being unable to discharge the powers and duties of the presidency as a result of disabilities or other specified circumstances.

Finally, there has been debate among constitutional scholars and others as to whether a sitting president can be indicted and removed upon conviction. The answer is apparently no — a “sitting” president cannot be indicted. The president must be “standing!” And this would likely present an insurmountable hurdle since President Trump is usually “lying!”

This story was originally published June 13, 2017 at 10:33 PM with the headline "A hurdle to indictment."