The Corner

The ‘Pre-Office’ Misconduct Question in Impeachment

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President Joe Biden speaks during a meeting with the President’s Council of Advisors on Science and Technology in San Francisco, Calif., September 27, 2023.

Evelyn Hockstein/Reuters

The reality that President Biden will not be impeached and removed does not mean Democrats will not mount a defense of him — he is, after all, their candidate in the next election. One of the issues they will be raising (it’s already come up in Republican questioning of constitutional-law professor Jonathan Turley, one of today’s witnesses) is when conduct that Republicans portray as impeachable occurred.

It is an issue because the influence-peddling scheme that is the crux of the impeachment inquiry, as Republicans have designed it, took place prior to 2019. There is a legal theory that impeachment is meant as a check on presidential abuses of power, and therefore that “high crimes and misdemeanors” are impeachable only if committed while the president in question is in power.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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