By Clark D. Cunningham
Yielding to pressure from hard-line members of the GOP House caucus, U.S. House Speaker Kevin McCarthy today directed the top Republicans in Congress to open a formal impeachment inquiry into President Joe Biden. The Republicans allege that the president committed financial wrongdoing with foreign businesses.
GOP-led congressional inquiries of presidential son Hunter Biden’s records to date have not shown any foreign payment to his father, Joe Biden, or any other evidence of wrongdoing.
But McCarthy said in brief remarks on Sept. 12, 2023, “Taken together, these allegations paint a picture of a culture of corruption.”
Although impeachment inquiries can be misused, those concerned about McCarthy’s actions should consider words spoken at the Constitutional Convention, when the founders explained that impeachment was intended to have many important purposes, not just removing a president from office.
A critical debate took place on July 20, 1787, which resulted in adding the impeachment clause to the U.S. Constitution. Benjamin Franklin, the oldest and probably wisest delegate at the convention, said that when the president falls under suspicion, a “regular and peaceable inquiry” is needed.
In my work as a law professor studying original texts about the U.S. Constitution, I’ve found statements made at the Constitutional Convention explaining that the founders viewed impeachment as a regular practice with three purposes:
- To remind both the country and the president that he is not above the law.
- To deter abuses of power.
- To provide a fair and reliable method to resolve suspicions about misconduct.
The convention delegates repeatedly agreed with the assertion by George Mason of Virginia that “no point is of more importance … than the right of impeachment” because no one is “above justice.”
Library of Congress/Wikimedia Commons
Need for deterrence
One of the founders’ greatest fears was that the president would abuse his power. George Mason described the president as the “man who can commit the most extensive injustice.”
James Madison thought the president might “pervert his administration into a scheme of stealing public funds or oppression or betray his trust to foreign powers.” Edmund Randolph, governor of Virginia, said the president “will have great opportunitys of abusing his power; particularly in time of war when the military force, and in some respects the public money will be in his hands.”
Gouverneur Morris of Pennsylvania worried that the president “may be bribed by a greater interest to betray his trust and no one would say that we ought to expose ourselves to the danger of seeing him in foreign pay.” James Madison, himself a future president, said that in the case of the president, “corruption was within the compass of probable events … and might be fatal to the Republic.”
William Davie of North Carolina argued that impeachment was “an essential security for the good behaviour” of the president; otherwise, “he will spare no efforts or means whatever to get himself re-elected.” Elbridge Gerry of Massachusetts pointed out that a good president will not worry about impeachment, but a “bad one ought to be kept in fear.”
Creating a powerful oversight procedure
Until the very last week of the convention, the founders’ design was for the impeachment process to start in the House of Representatives and conclude with trial in the Supreme Court.
It was not until Sept. 8, 1787, that the convention voted to give the Senate instead the power to conduct impeachment trials.
This is clear evidence that the convention at first wanted to combine the authority and resources of the House of Representatives to conduct the impeachment investigation – a body they called “the grand Inquest of this Nation” – with the fairness and power exemplified by trial in a court.
Even though trial of impeachments was moved from the Supreme Court to the Senate, Congress can still draw on the example of court procedures to accomplish an effective inquiry, especially if they are trying to get information from uncooperative subjects. In many of the investigations that are now part of the House’s impeachment inquiry, the Trump administration has refused to hand over documents and blocked officials from testifying to Congress.
The Constitution makes clear that impeachment is not a criminal prosecution: “Judgment in cases of impeachment shall not extend further than to removal from office.”
If impeachment trials had remained at the Supreme Court, the court could therefore have consulted the rules it has approved for civil cases. It makes sense that when the convention at the last minute decided Congress would have complete power over impeachment, the delegates intended Congress would have at least the same powers the Supreme Court would have exercised.
When courts are stonewalled
In civil cases, courts have powerful tools for dealing with someone who blocks access to the very information needed to judge the allegations against him.
The most commonly known method is the rule that says that once a person is legally served with a lawsuit against them, they must respond to the complaint. If they don’t, the court can enter a judgment against them based on the allegations in the complaint. But there are other processes as well.
One court tool that could easily be adapted to the impeachment process comes from the federal rules of civil procedure. In a process called “request for admission,” one party to a lawsuit can give their opponents a list of detailed factual allegations with a demand for a response.
If the party does not respond, the court can treat each allegation as if it were true, and proceed accordingly. If the respondent denies one or more particular allegations, there is a follow-up procedure called a request for production, demanding any documents in their possession or control supporting the denial. If the respondent refuses, again the court has the power to order that the alleged fact be taken as true.
Joseph Duplessis/National Portrait Gallery/Wikimedia Commons
Good for the president and the country
Benjamin Franklin told his fellow delegates the story of a recent dispute that had greatly troubled the Dutch Republic.
One of the Dutch leaders, William V, the Prince of Orange, was suspected to have secretly sabotaged a critical alliance with France. The Dutch had no impeachment process and thus no way to conduct “a regular examination” of these allegations. These suspicions mounted, giving rise to “the most violent animosities & contentions.”
The moral to Franklin’s story? If Prince William had “been impeachable, a regular & peaceable inquiry would have taken place.” The prince would, “if guilty, have been duly punished – if innocent, restored to the confidence of the public.”
Franklin concluded that impeachment was a process that could be “favorable” to the president, saying it is the best way to provide for “the regular punishment of the Executive when his misconduct should deserve it and for his honorable acquittal when he should be unjustly accused.”
Clark D. Cunningham is Professor of law and ethics at Georgia State University.
BD says
So I guess they are taking a page out of the Dems playbook from the last five years.
JimboXYZ says
By Christmas 2023 & the New Year 2024m this impeachment should be a done deal to be walked over to the Senate. That was the Pelosi playbook of 2019. Let’s say the House impeaches Biden, that leaves it to the Senate to seal the impeachment deal like Trump in 2019-2020. And what if the Senate is deadlocked, it comes down to VPOTUS Harris to break any tie. I believe they have the evidence, or enough to get impeachment thru the House of Reps. It’s like any grandstand play we’ve ever seen, the timing of it is critical to maximize the effect of impeaching Biden. Impeached & the D’s better have their alternative ready for the campaign trail & election yea 2024. Should the Biden win or lose, he’s still going to face the same efforts to criminalize that Trump faces. The D’s upped that much from 2016-present. The rest of us as voters are the victims as usual.
Willy says
Lol, no evidence? Really? Are you on crack?
TR says
The title describes the exact same thing the Dems have done to Trump with their BS impeachments against him. But I’m sure the Dems will all be crying that it is just a revenge thing. Wonder what would happen if Biden does get impeached, will he be removed from office? Time will tell I guess if the proceedings are done correctly.
Joe D says
Of COURSE there is no EVIDENCE against Joe Biden, related to illegal activities in his son’s business dealings….but the GOP has to throw mud at Biden to counter act all deplorable FACTS coming out about former President Trump’s alleged illegal election tampering behavior and 4 Federal indictments.
House Speaker GOP Kevin McCarthy has been essentially THREATENED by the far right House GOP members that if he DOESN’T begin impeachment proceedings ( which a few days ago he said in an interview that the US had more important issues to deal with right now), it only takes ONE GOP member to call for a VOTE for McCarthy’s removal as SPEAKER of the HOUSE (see/hear the not very veiled threats of removal by GOP House member Matthew Gaitz of what GOP House members will do if McCarthy doesn’t begin an impeachment investigation. Of course Gaitz just barely survived his house seat during the TRUMP administration with his alleged sexual misconduct with an underaged individual
McCarthy knows who has the power to remove him from the Speaker of the House position ( the GOP caucus)…so of course MCCARTHY is saving his own skin by going along ( remember it to something like 13+ voting rounds for the GOP to elect McCarthy SPEAKER)!
Never mind that the temporary US budget extension is up BEFORE the end of September….and the US government could SHUT DOWN……let’s pursue this Biden WITCH HUNT!
Atwp says
What goes around comes around. Trump was impeached twice, the Dems should have known this would happen. Did Trump do anything to be impeached, no. Have the Republicans found any reason to impeach Biden from what I’m reading no. Childish play by our supposed political leaders. Immature people running the country what a shame.
Enough says
Another way to waste the people’s money on something that doesn’t even exist. Absolutely no hint of any wrongdoing or proof to have started this investigation. Anything to take attention away from the real criminal and traitor to the country; their beloved conman and pathological liar, Chump!! McCarthy sold his soul to creatures like a drunken predator and an ignorant ass from Georgia. How do these people sleep at night?
Ed says
All this speculation could be put to rest simply by the entire Biden family turning over the information on the 20+ shell companies and all the family financial records.
The FBI could provide complete access to Hunters laptop.
Why don’t the Bidens want to embarrass the wacko conspiracy right wingers? Think about it, if they did, it might destroy the GOP.
Problem solved.
Why not? If there isn’t anything going on, just do it. However, common sense indicates something different.
DaleL says
Just a reminder, the last 25 years of Joe Biden’s tax returns are available for anyone who wants to see them. The Republican House members can just go to: https://www.whitehouse.gov/briefing-room/statements-releases/2023/04/18/the-president-and-vice-president-release-their-2022-tax-returns/
Nowhere in our President’s tax returns are there any indications of financial chicanery. I’m still waiting for Mr. trump to release his tax returns.
The 9/11 recent remembrance brought to mind some of the most egregious lies of Mr. trump. He has claimed that he lost hundreds of “friends” on that day. However, fact checkers point out that he attended ZERO funerals and has not identified a single person by name. He claimed on NewsMax in 2021: “I was down there right after the event, and I brought a big crew of people down and I helped,…” That is another baldfaced lie.
DAve says
I guess this is the NEW thing in politics. Work to impeach the serving President. Both sides took off and wasted so much money and both sides failed and will fail to get their action of impeachment through the ranks. It’s nothing but political grandstanding and a ego booster for possible re-election for those involved. I just want these congressional members on both sides to just do their darn job.
Jim says
There has not been a single fact that has come out of the so-called investigation of Biden and his family since it started. Let me hasten to add – I am not defending Hunter Biden. As far as I’m concerned, he should be held accountable for any laws he has broken. But in regards to Joe Biden, where are any facts or potential issues that merit an impeachment investigation? There has been a lot of innuendo but nothing of substance.
While I understand this article’s position that an impeachment inquiry is part of the constitution and designed to assure “no one is above the law”, I also understand that an impeachment inquiry should not be undertaken lightly. While Keven McCarthy cites the “grave issues” that must be investigated, all I see is a spineless coward who is so worried about holding on to his speakership, he does the bidding of the likes of Matt Gaetz and Marjorie Taylor Green. I don’t know how low the Republicans can sink but I don’t think we’ve reached bottom yet.
This is nothing but a disgusting display of partisanship and is anti-democracy.
Sally says
No evidence but the Cult party of Trump want to investigate President Biden to distract the country away from all of Donald’s criminal activities.
Matt Gaetz the loudmouth Trump puppet demanding McCarthy to do that yesterday or he would be removed as House Speaker. So weak mouse McCarthy did exactly what Gaetz demanded of him.
So now as usual they are wasting the taxpayer’s money to make Donald happy, they are fighting his legal battles for him.
The more they do this the more votes will go in President Bidens. Keep it up you sure are making the Democrat party look great for 2024.
The dude says
Actual evidence is anathema to MAGA.
They either refuse to produce it, or can not produce it.
They just need us all to go on faith that it’s there and incontrovertible…
Just a thought says
Welcome to the world of political opposition. Until there is a return of both parties working together for a common goal, this will be the result. I see impeachments being used against every president in the foreseeable future. It will be used as retaliation from here on. What a shame.
Laurel says
BD: Okay, you are blaming Democrats for the actions of the Republicans. They made us do it!
Laurel says
Willy: So, what is it?
Laurel says
I highly recommend watching Frontline’s series “Lies, Politics and Democracy” interviews. The series are interviews of Republicans who were insiders during Trump’s Presidency. It includes conservative columnists, Republican strategists, Republican politicians, White House aides to Trump and Pence and White House journalists. The series can be found on YouTube, and it is very enlightening. Do yourself a favor.
Melanie C says
There is none so blind as those who obstinately refuse to see what’s in front of them because Partisanship couched as “news”
Be advised, acceptance is the first step in re-entering reality. Accept that there are facts that show the Biden family corruption, and in return, I promise you, Donald Trump is JUST EXACTLY AS FULL OF CRIMINALITY. BOTH need to go down.
I know, I know. You can’t handle that. To hate one, you must love the other, facts be damned. You really believe that to call out criminal Democrats means a person loves a criminal Republican. Maybe your editor could grow up sometime and become an adult, instead of a willful, petulant man-child who is so blinded by partisanship it’s an embarassment to this community.
Ed says
DaleL,
I did look at President Bidens 2022 tax return per your post.
My initial take away was his charitable contributions. I would be ashamed to show 5 charities that I donated $25 dollars to and list them for tax deductions and another 4 he gave less than $200. He is the President of the United States. The Leader of the Free World.
He also receives social security….really.
Ok the real reason for my response, no one lists illegal income on their tax return. Do they?
Explain 20+ shell companies, family member including grandchildren receiving mysterious payments and the fact that some of Hunter emails that have been released point to “selling access to Joe”.
When the FBI releases the entire trove of information from Hunter’s laptop to Congress and a rational explanation for Hunter’s businesses moving foreign payments through shell companies is explained and why the President was using aliases, then I will be happy.
Doesn’t it make you even a tiny bit curious?
Finally, what does Trump have to do with any of this, like Hilary once said, “what does it matter”.
joe says
“… have done to Trump with their BS impeachments.” – Thanks for advertising the fact that you are completely ignorant of nor have read any of the impeachment documents, court filings, etc. that documented Trump’s behavior.
TrumpLost says
Trump’s first impeachment came after a formal House inquiry found that he had solicited foreign interference in the 2020 U.S. presidential election to help his re-election bid and then obstructed the inquiry itself by telling his administration officials to ignore subpoenas for documents and testimony. The inquiry reported that Trump withheld military aid in order to influence Ukraine to announce an investigation into Trump’s political opponent Joe Biden and to promote a discredited conspiracy theory that Ukraine was behind interference in the 2016 presidential election.
Trump’s second impeachment came after the House of Representatives of the 117th U.S. Congress adopted one article of impeachment against Trump of “incitement of insurrection”, stating that he had incited the January 6 attack of the U.S. Capitol. Ten Republican representatives voted for the second impeachment, the most pro-impeachment votes ever from a president’s party. This was also the first presidential impeachment in which the majority caucus voted unanimously for impeachment.
In 2023, former President Trump was twice indicted for the conduct at question in his impeachment, federally by Special Counsel Jack Smith and in Georgia by Fulton County District Attorney Fani Willis.
Ed says
Yep, just like democratic congressman Adam Schiff saying Trump “betrayed our national security” and “ you can see evidence in plain sight” Opps. Still waiting to see it.
Guess it’s not just one parties MO
You know what they say, people in glass houses shouldn’t throw stones.
B. Siverling says
Please share, if you know of actual, specific evidence. Not just the cult leader’s whimsical daydreams of it. Every time I ask a right winger for to provide me with a link to this super-mysterious ‘evidence’, they disappear on me, or say something like “msnbc won’t tell you about it!!” but can never point me in the direction of this elusive ‘evidence’. Why is that?? Hmmm?
The dude says
MAGA is like the husband that beats his wife.
“Aw baby… now look what you went and made me do…”
The dude says
So… ah… you contend that President Biden has $10mil hidden in his mattress? Or buried in jars out back?
$10mil in bribes should be easy to find, really easy.
Where is it?
The dude says
The orange stain betrays our national security almost daily. You just refuse to see it.
Meanwhile, the crimes of the son are not the crimes of the father.
Where’s the $10m?
Matt says
Trumps campaign sharing polling data with the Russians who then used that data to target American voters IS collusion. I don’t care what B. Barr said.
TrumpLost says
Is there any evidence that President Biden was involved with any of those shell companies? No. There is evidence that shell companies were started by his son, Hunter Biden. There is nothing illegal about shell companies. Is there any evidence that any of those shell companies did anything illegal? No.
Hunter Biden’s famous laptop and information allegedly from that laptop will likely never be released by the FBI or used in any court of law because of chain of custody issues. It’s tainted evidence. The data from that laptop was copied and released by parties other than Hunter Biden. No one can prove what data from the laptop came from Biden and what was planted by others.
The US House of Representatives is going to waste more taxpayers money conducting an impeachment inquiry when they should be doing things like solving the crisis at our borders by working on a comprehensive immigration policy. But why work on immigration policy when you can blame the President?
Bill C says
How come there is no investigation into the 2 BILLION dollars Trump’s top adviser on the Middle East, Jared Kushner, received from Saudi Crown Prince Mohammed bin Salman shortly after Jared left the Trump administration?
Ed says
Dude,
Why are you so closed minded and confident that you can see the absolute truth and there isn’t any room for doubt?
Hunters crime involves his father. He was selling access to Joe. Tony Bobulinski (Hunter’s business partner) went public with that information. The 10 percent was for the Big Guy. Devon Archer discussed selling the Biden Brand. Hunter made millions on the grift and family name.
Hunter supported the family. He openly complained in released emails. At least 9 family members received remuneration from Hunters shell companies…not gifted money. What was that for, what service did they provide to earn those monies?
Questions still remain. Are you suggesting that Joe and Jill would not have known? How could they be expected to be so oblivious?
In my mind, here’s one of Joes daily conversations with his grandchildren. “Hey, Pappa, uncle Hunters company just gave me a lot of money, is it ok to get that new play station 5?” “Shhh, not yet, let’s wait awhile, ok?”
The dude says
Oooohhh…. A bothsidesism…
Since you put it that way, I guess since the choice ultimately becomes a decision between two criminals, I’ll go with the non-fascist one who doesn’t worship Putin, and who doesn’t see the office of POTUS as a throne.
John says
Sooner or later it will come out Trump sold our national secrets to Russia or then again it could be he sold them to the Saudi’s. Trump will do anything to make a dime so that he can live off others monies and play golf everyday while he cons others to do his dirty work and fight his battles for him.
He should be voted the biggest con artist Americans have every seen. And now he is starting the impeach Biden campaign just like he did with lock Hillary up. It is all the games he plays to blame other for things they have never done, when he is the actually committing all the crimes.
For those that have fallen for his con games our country feels sorry for you.
Endless Dark money says
wheres the inquiry into Jared Kushner who was in charge of national foreign policy for saudi arabia, who made friendly policies for saudi arabia, while getting tens of millions of dollars from saud arabia. Oh yea GOP blocked that inquiry. Sadly not surprising.
The GOP are domestic terrrorist. We will never solve any problem with these clowns in charge of anything.
ban the GOP says
If trying to overturn a free and fair election cause you didnt win isnt treason then what is?
Ronald Justice says
Wow it’s amazing the hatred on this left leaning blog website against Republicans, Christians,Jews, etc. Hunter Biden was just indicted today in case anyone reads real news on 3 count’s. Joe is next.Stay tuned for real news.
Fight for breathable air says
It simply republican projection, they are upset their frontrunner has 100 felony charges so they make up stories to attack the opponent in an attempt to deflect. They choose domestic terrorists to be their leader. The number two guy is a full blown facist.
They gop will actively sabatoge any type of investigation that shows their corruption. It why they are considered the most dangerous organization in the world as not only do their horrific policies affect americans but people around the world. The future is already bleak and non existant if we keep electing these morons.
Endless Dark money says
Becuase the orange stain is domestic terrorist who tried to overthrow the government because he lost and is the biggest sore looser in history. So you can wait for the fox news evidence but for everyone else its quite obvious. Google January 6th commission and watch that in its entirety.
So what do you know about Trump kids that did hold public offices? Dont we need to investigate them for their crimes? Or are you just hipocrite playing dirty politics cause the party you support is a bunch of dinosaurs with no agenda to help anyone except the super wealthy who already have too much.
Endless Dark money says
1000% agree dude!
Land of no turn signals says says
Good old Hunter no evidence on him either..LOL.Both of them should share a jail cell.
Laurel says
“Hunter Biden, the son of President Biden, was indicted Thursday. The released indictment below details the charges against Hunter Biden, including allegations that he made two false statements in filling out the paperwork to purchase a gun and unlawfully possessed that gun while using illegal drugs.” – Washington Post
OOOoooo! Same old, same old. Did Joe take his gun?
As a left leaning (these days) Independent, I don’t see this blog, as you call it, as hating Republicans, Christians and Jews (where did Jews come in?). I see people who are disgusted with Fox Entertainment, Newsmax, Infowars, and other outlets that spout misinformation and lies daily for ratings and money. Is that the real news you mean?
As far as Republicans go, I married one, oh, and he’s a Christian too. He isn’t intolerant of others the way many of today’s Christians are. I still don’t see where Jews came into this comment section, but I’m okay with them too. I know the tiki boys don’t like them, but they are not the left.
Jack says
Not for nothing, I voted Dem my whole life till they did Bernie dirty.
I’m still on the left, just far left of anyone running for president. Biden and his son and Obama all need to be in jail.
Laurel says
Land: If you’ve got the evidence, provide it.
Endless Dark money says
lol the trumps stole money from kids cancer charity but tell me more about a guy who doesnt hold public office.
As far as shell companies how many congress people have them, why dont you care about those? like this one:
Jared Kushner approved the creation of a shell company that spent almost half of the Trump campaign’s $1.26 billion war chest.
Kushner directed Lara Trump, Vice President Mike Pence’s nephew John Pence, and Trump campaign Chief Financial Officer Sean Dollman to serve on the shell company’s board.
go look in the mirror before you point fingers.
JimboXYZ says
I saw that coming back in December 2019 when Pelosi got on her broom and flew over to the Senate with the 1st round of impeachment.