Wednesday, December 25, 2019
Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law) has posted Defining a Theory of 'Bribery' for Impeachment (Josh Blackman & Seth Barrett Tillman, Defining a Theory of 'Bribery' for Impeachment, Lawfare: Hard National Security Choices (Dec. 6, 2019, 12:43 PM)) on SSRN. Here is the abstract:
The proposed articles of impeachment threaten to criminalize routine politics, such as log-rolling, by removing officeholders with dueling motivations. If Congress engages in and legitimates such tactics against the president, it may soon find itself on the receiving end of Justice Department investigations, indictments and trials. Such a precedent would make impeachment and indictments the norm whenever Congress and the presidency are held by different parties, and each branch disagrees with the policy goals of the other.