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But there is no question that behind closed doors, presidential advisers have offered such warnings in both Democratic and Republican administrations. That helps answer an enduring question, which is why, in well over 200 years, only two presidents (Andrew Johnson and Bill Clinton) have been impeached by the House of Representatives — and none has been removed from office by the Senate. Even when things get tough, the very presence of the impeachment mechanism usually deters presidents from coming anywhere close to the constitutional line, at least when they are receiving candid advice from their lawyers. Firing Rosenstein or Mueller could well cross that line. Under the Constitution, a president can be impeached for “Treason, Bribery, and other High Crimes and Misdemeanors.” The discussions in the founding era make it unmistakably clear that an egregious abuse of presidential authority would count as a high crime and misdemeanor, even if it is not in violation of the criminal law. Founding-era discussions also make it clear that impeachment is not supposed to be a partisan affair, a response to intense policy differences, a product of anger at the commander-in-chief, or an effort to undo the results of an election. For impeachment, what is necessary is some presidential action that counts, in Alexander Hamilton’s words, as “the abuse or violation of some public trust.” Trump’s lawyers must be keenly aware that shutting down an investigation of Russia’s role in the 2016 presidential election could easily qualify as such an abuse. This is so even if there was no Russia connection to Trump’s campaign. After all, the framers and ratifiers of the Constitution were acutely concerned about foreign influences on our system of government (a fact that explains the requirement, puzzling to many, that all presidents must be “natural born” citizens). It is also, of course, the job of presidential lawyers to think of counterarguments, and to do what they can to defend their boss. The best argument in the current situation would be that discharging Rosenstein or Mueller would not be an effort to stop a legitimate investigation, but instead to terminate a process that has become a circus -- disruptive to the operations of the presidency, extending far beyond the issue of Russian interference, unacceptably partisan, excessively zealous, and encompassing a wide range of self-evidently unrelated matters (such as the payment of “hush money” to Stormy Daniels). Along with many of his supporters, Trump undoubtedly believes that this argument is exactly right.
For the original version including any supplementary images or video, visit https://www.bloomberg.com/view/articles/2018-04-11/trump-risks-impeachment-if-he-fires-mueller
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