Josh Marshall notes that Trump has a new legal theory for avoiding impeachment, the claim that it takes both a high crime and a misdemeanor to impeach.
It is true the Constitution says "high crimes and misdemeanors." But what is the larger context? Let's look at the whole sentence:
So what legal yahoo told him this legal theory? I bet his name rhymes with Judy Rooliani.
LOL. Trump thinks to be impeached Congress has to find a crime AND a misdemeanor. No misdemeanor, he says. pic.twitter.com/Ort9aSYV0R— Josh Marshall (@joshtpm) May 30, 2019
It is true the Constitution says "high crimes and misdemeanors." But what is the larger context? Let's look at the whole sentence:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.Did you see that? There is actually an "or" in there. The sentence says that the President can be impeached for Treason, Bribery, or other High Crimes and Misdemeanors." The "and" between "crimes" and "misdemeanors" doesn't mean you need both. Because it is part of a larger disjunctive clause, it means that any single high crime, high misdemeanor, instance of bribery, or treason would be enough to impeach.
So what legal yahoo told him this legal theory? I bet his name rhymes with Judy Rooliani.
