On Sun, 8 Jun 2003, Frank Cross wrote:
> I think we have established, constitutionally, that lying is not an
> impeachable offense.
Surely it depends about what, when, and to whom. Lying to Congress to
start a war -- were this ever to occur -- must surely fit within "high
crime and misdemeanor" or we're a strange kind of republic indeed.
But suppose it's not a knowing lie? Suppose, for example, the President
repeats in good faith things reported by subordinates? And suppose
further that they are either (1) knowingly telling the President untruths,
or (2) grossly negligent, or (3) merely negligent. Which of these if any
is or ought to be an impeachable offense? Is there a point at which an
administration's incompetence reaches a level that it is an impeachable
failure to 'take care'? Structurally, both 'yes' and 'no' answers seem to
have quite a lot going for them: 'yes' on the 'constitution is not a
suicide pact' argument, and 'no' on the 'don't want to encourage Congress
to weild impeachment as a political club' argument.
[Incidentally, I think if we established anything in the last catastrophe,
it's something closer to -- but not identical to -- prosecutorial
discretion and/or jury nullification and/or an unclean hands political
defense than an flat-out prohibition on prosecutions for lying under
oath or about matters of great national seriousness.]
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