During the Trump Administration, we regularly discussed Democratic members and writers calling for the impeachment of Trump for everything from criticizing NFL kneelers to obnoxious tweets. Not to be outdone, many Republicans have been demanding the impeachment of Joe Biden for an array of missteps or controversies. Most recently, Rep. Majorie Taylor Greene called for the impeachment of Biden for the disastrous withdrawal from Afghanistan. (This is the second such motion for Greene). It is the same misuse of impeachment as a type of “no confidence vote.” The failure to properly plan and execute the withdrawal from Afghanistan has been an appalling failure by the Biden Administration. However, negligence is not an impeachable offense. Indeed, the lowering of the standard to cover such negligence would create great instability and dysfunction in our constitutional system.
Before addressing the constitutional question, it is important to note that Rep. Greene also referred to President Biden as a “piece of s**t.” Regardless of how one feels about Biden, it should be deeply offensive to all Americans to have an elected official use such language toward our President. During the Trump Administration, I made the same objection to vulgar attacks on him and his cabinet and staff. In our age of rage, there is a sense of impunity or license for adults to act in ways that we have long barred in our children from name calling to profane attacks. Even law professors have succumbed to this low-grade form of debate. Figures like Harvard Professor Laurence Tribe now regularly engage in profane and personal attacks when they disagree on political or legal issues. We can have passionate debates without resorting to such juvenile and offensive attacks.
Greene announced that “I have my team right now working on articles of impeachment. Because I’m so disgusted with Joe Biden. You know I’ve already filed one set of articles of impeachment. But his failure as a president is unspeakable.”
Many presidents have been viewed as “failures” by critics but that it not what impeachment is designed to address.
Parliamentary systems, like Great Britain’s, allow for “no confidence” motions to remove prime ministers. Parliament can pass a resolution stating “That this House has no confidence in Her Majesty’s Government.” But that’s not our system, and it’s doubtful that the members of Congress calling for Trump’s impeachment would relish a parliamentary approach: When such a vote succeeds, the prime minister isn’t necessarily the only politician to go. If the existing members of parliament can’t form a new government in 14 days, the entire legislative body is dissolved pending a general election.
The Framers were certainly familiar with votes of no confidence, but despite their general aim to limit the authority of the presidency, they opted for a different course. They saw a danger in presidents being impeached due to shifts in political support and insulated presidents from removal by limiting the basis for impeachment and demanding a high vote threshold for removal. There would be no impulse-buy removals under the Constitution. Instead, the House of Representatives would have to impeach and the Senate convict (by two-thirds vote) based on “Treason, Bribery, or other high Crimes or Misdemeanors.”
When we make someone president, we give them tremendous power and tremendous discretion in wielding that power. Such discretionary judgments are protected for even low level federal officials. The Federal Tort Claims Act (FTCA) contains a major exception called the the discretionary function exception to protect officials from lawsuits for poor judgments. If a president uses poor judgment, you can refuse a second term or use the checks and balances of the system to counteract his mistakes.
Past presidents have made breathtaking mistakes from the Bay of Pigs to wars like Libya, Iraq and Afghanistan. However, those judgments have not been deemed high crimes and misdemeanors. Otherwise, you create the basis for the impeachment of virtually any president.
Like many, I cannot imagine how the United States could mess up this withdrawal in such a spectacular and gut-wrenching manner. We had long ago announced our withdrawal and had many months to carry out an orderly withdrawal. While the Biden Administration insisted that no one foresaw the collapse of the government in such a short time, that is simply untrue. Even if it were not true, good policymakers do not rely on such assumptions when you are dealing with the lives of tens of thousands of citizens and allies.
Controversies like the Afghan withdrawal only become matters like impeachment when impeachable acts are committed to carry out the policies or to conceal aspects of the resulting scandal. It is often not the scandal but the response to the scandal that gets powerful people in trouble in Washington. While not required to be actual crimes, Congress has often looked to the criminal code to weigh such transgressions. We have no evidence that such offense have occurred here.
What I said in 2017 in the face of Democratic calls for impeachment is still true today:
“History has already answered this call for impulse-buy impeachments. The Framers saw the great abuses caused not only by tyranny of nobility, but tyranny of the majority. They sought to insulate our government from the transient impulses of politics. Otherwise, impeachment becomes little more than grabbing any opportunistic excuse for impeachment like so many “straws” in the political wind.”
The oath says and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
Best of his ability? When we are getting the worst of his obvious disability, then the best option to remove Biden is the 25th amendment.
It is refreshing to see the prophecy of Baizou Biden’s rapid decline. This was counted on by the deep state. It gives them reason now to install whom they really want , first chance they get. Imagine that mental midget Kamellaho appointing cankles McFraud as VP…then K get’s 25th’d too. Then look what we are stuck with – A truly evil duplicitous witch.
The total dollar amount of equipment that was being shipped up to the last and promptly abandoned should merit some kind of penalty too baizou biden. This was not a spur of the moment decision , it was planned. Psaki and baizou both on vacation , and kamelho nowhere to be foud…like we had no leader ( excepting the puppet masters in the shadows of the white house whom created this mess. As noted the absolute buggery of the border should be enough to send baizou biden and his cabal to the gallows…but here again crickets from the left wing mouth peices as it does not fit their narrative to do the right thing.
And now here we are seemingly as if rome has been set on fire……
Though I agree and am no fan of tit-for-tat, the dems did it TWICE, and they’d do it again over something completely fabricated, of far less gravitas, and with the utmost speciousness if the election had gone differently. You *know* they would. And they would never, ever stop. They have ground the functioning of our country to a complete halt and then dragged us backward by decades with their nonsense.
*James. No edit button.
Jonathan, I always like your posts and respect your opinion. As you say, the disaster in Afghanistan is a mistake, albeit a huge one. However, opening the southern border to all comers and allowing them in unchecked for COVID-19 should be an impeachable offense. In this instance, the president is not only not protecting the citizens, he is in fact exposing them to danger. He has been told by a judge to adhere to the “remain in Mexico” plan, yet apparently is not doing so. This to me is highly impeachable. What he did in Afghanistan is just an example of who Joe is and how wrong his instincts are. He thought this was going to be his great legacy. It will be remembered, but not in the way he would like.
The man is and always has been an incompetent liar. He’s not even good at lying and apparently forgets that everything is recorded so his own words can be used “against” him.
Also, Trump blew it on Jan 6. Having a rally in DC was a dumb idea. But he did not incite the riots, nor did he plan them. Yet he was impeached.
I think Biden needs to be removed for Article 25 as he is incoherent much of the time and makes terrible decisions the rest of the time. The problem is that we would then be stuck with Kamala. Likely worse. God help us.
PS: Months ago I posted watch Taiwan. Keep your eye on that chubby kimchi eating Rocket Boy I’m sure we’ll be hearing from him soon. Wolves like attacking the weak and wounded.
Learn the difference between Taiwan and N. Korea.
There is a famous artwork in Sienna, Italy called “The Allegory of Good and Bad Government.” It was painted by Ambrogio Lorenzetti in 1339 and is in the Salon of Nine which is where the magistrates of the Republic of Sienna deliberated.
The paintings have been construed as being “designed to remind the Nine [magistrates] of just how much was at stake as they made their decisions”
On the one hand the panels demonstrates the results of good decisions and contrasts it with the results of bad policy and decisions. Leaders will make mistakes and poor decisions but what the world has witnessed is stunning incompetence and the the results that subsequently occur when a leader is diminished. Perhaps painted panels in the Oval Office spelling things out would prove useful.
The sitting President of the United States has to rely on a teleprompter and “reporters” to ask an approved question. He cannot go off script. He virtually has no schedule. It usually has one to three items per day. This begs the question,” What is going on?”
I did not vote for President Clinton but I miss his razor sharp mind and his ability to connect both sides together after spirited debate. I watched him speak to an auditorium in likely the reddest county in the country. He rarely looked at his notes and had an icy beginning but after his speech, he received a standing ovation. I sensed that part of his speech was extemporaneous but he never hesitated nor stumbled on words and stayed on point. He is gifted.
When so watched our President’s recent statement that he read, it reminded me of the scene in Forrest Gump when he was in the Arizona desert. The crowd hushed and waited patiently for words of wisdom from their leader, “I’m kinda tired… think I’ll go home now.”
The world groans and people are suffering and dying because of his decisions. What will be the result of our intelligence going dark in that region? What will happen to the 80+ billion dollars of advanced weapons that were abandoned to terrorists? The ramifications are virtually incalculable.
Just asking: is there such a thing as ‘a no confidence vote’ in our congress like the Brits have.
Turley is far better versed on impeachment regarding Afghanistan then most posters. I ask where are all the pseudo physiologist who determined that President Trump was mentally incapacitated to hold office? I remember night after night the MSM had these fakes diagnosing the President without cause. Now we hear crickets. What I would like to know who is running the United States of America, who is behind the curtain?
-Margot Ballhere,
Supposedly, the adults are back in the room . . . where are they now is any ones guess.
Did Biden’s “campaign from the basement” strategy carry over to “lead the country from the WH Basement?”
Get ready for the 25th ammendment express.
pelosi proved anything can be impeachable, like requesting a foreign government help a current fbi investigation.
@anon,
Yes, but to Turley’s point, he was against those efforts too.
-G
I have often warned the Lefties on this blog that they are setting standards of behavior that cut both way.
But our Lefties are invincible in their stupidity (yes, Anonymous eb and Natacha among others).
Once you lower the bar, everything becomes legitimate and the inmates run the place.
Biden screwed up, as badly as anything Trump did, but nothing that warrants impeachment.
Those of you who howled for Trump’s impeachment ought to thank God that most Conservatives are deeper thinkers than you and will not let momentary passions hurt the country.
Better hope that we keep our retards on the leash, unlike Lefties who gave your worst free rein.
Actually the retards are running the show. Academics (we are told) are behind the scenes pulling Biden’s strings. They remind me of college professors I had over 50 years ago. The Left is so disingenuous. Amazing to see “anyone” on CNN call out Biden.
There is no lower life form than Biden and this is just the latest from this life long criminal. Greene is 100x the human he is.
@Wake up…
Sorry but Greene is a nutter from the other end of the spectrum.
Biden?
He has never been right in terms of foreign policy during his entire career.
He will say or do anything to stay elected and get his 10%.
Biden’s failures make Carter and Obama look like geniuses compared to them.
Biden has become the worst POTUS this nation has seen.
The southern border crisis is such a disaster, plus its a super spreader of COVID.
Not since 1945 have we had such a disaster in terms of foreign policy.
Note: Turley talked about Iraq/Afghanistan… but he failed to mention that Congress voted to go to war in response to 9/11.
The failure was the US and even to some extent the world for trying to impose Western policies that were too much for Afghanistan’s population.
-G
The Republicans may have more luck with the 25th Amendment. Biden may not have committed high crimes or misdemeanors. but his inability to discharge the duties of his office have been on view for all the world to see.
The Republicans are waiting for the Democrats to start the 25th Amendment procedure. Remember San Fran Nan saying she was going to start it on Trump? Where is McCarthy? Is the thought of Kammy Harris in the “Oval” that terrifying? W
How much worse can she be than what we have now. I guess we will find out. Where are the Generals for a coup de tat? I forgot, they are all busy reading about wokeness and white supremacy.
No – this is a big win for the fascist party of America. 100,000 more unable to work in society dependent on government democratic mail in voters. Klaus, Soros and the rest of the Hitler youth and Kerry, Biden, Harris, Castro of Canada, Boris, Obama, Rice, Jarret, Garland, Wray, Gates, Epstein, Clintons, Maxwell, Millie, Austin, FBI, CIA, MIC, NSA, DOJ and other “billed back better” and CRT people who have never had a real job in their parasitic life are very pleased
But Trump made a phone call.
Gross negligence is a crime. It is extreme indifference to or reckless disregard for the safety of others. … It is willful behavior done with extreme disregard for the health and safety of others. It is conduct likely to cause foreseeable harm. Isn’t that what Biden did?
IF this administration leaves thousands of Americans on the ground does this not constitute treason? Our military is quite capable of rescuing our people, just as the French and the Brits are doing. That is certainly a High Crime. Joe Biden is COMMANDER IN CHIEF. Failure to rescue thousands of Americans while airlifting thousands of Afghanis to safety is treason. It remains to be seen what will happen though.
I remember protestors chanting Hey Hey LBJ, How many kids did you kill today
But elections have consequences, and the best means of remedying this or any similar situation is at the ballot box.
If its not an impeachable offense then what is?
And he is a piece of ….
Greene Door!
What’s that secret you’re keeping?