Lloyd Lofthouse

George Conway III and Neal Cathay: Ukraine Seals the Case for Imprachment

“The Ultimate Impeachable Act”

George Conway III and Neal Catyal are lawyers. Conway is married to Kellyanne Conway; Catyal is a former Acting Solicitor General of the United States. This article appeared in the Washington Post.

Among the most delicate choices the framers made in drafting the Constitution was how to deal with a president who puts himself above the law. To address that problem, they chose the mechanism of impeachment and removal from office. And they provided that this remedy could be used when a president commits “Treason, Bribery, or other high Crimes and Misdemeanors.”

That last phrase — “high Crimes and Misdemeanors” — was a historical term of art, derived from impeachments in the British Parliament. When the framers put it into the Constitution, they didn’t discuss it much, because no doubt they knew what it meant. It meant, as Alexander Hamilton later phrased it, “the abuse or violation of some…

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