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How High Should the Standards for Impeachment Be?
Those who have been reading my posts and comments no doubt have the impression that I am persuaded by Professor Alan Dershowitz’s arguments about the standard for impeachment. That is, that impeachment should only be brought when the President has committed treason, bribery, or another crime defined in the statute where the people and the public are the victims of that crime (as opposed to a crime flowing from conduct with one or more identifiable persons who are the victims of the offense). Dershowitz argues that to have a lesser standard is to not put on notice the president as to what conduct is impeachable. (Pat Philbin supplemented Dershowitz’s presentation this morning by analogizing the “non-crime” standard as being equivalent to a constitutionally prohibited Bill of Attainder.)
Professor Ann Althouse has considered Dershowitz’ presentation and has posted as follows: