IDK. If the article of impeachment had focused on "failed to protect the 
constitution", then I'd buy it. He did fail, particularly in rhetorical attacks 
on the election, inciting Pence to interfere in the EC count, not calling out 
the Guard to help the police, etc.

But that's not the gist of the accusation. If we follow Marcus' lead and widen 
it all the way out to politics, then it's fine. But if we get all persnickety 
about "high crime", then we're inviting others to get all persnickety about 
whatever it is they want to get persnickety about.

It's either a legal proceeding or a (purely) political one. Any sophistry in 
between should be seen clearly.

On 1/19/21 10:49 AM, David Eric Smith wrote:
> I think this is right, Nick, and think I have seen lawyers comment just to 
> this effect either in print or on video.
> 
> One need not have committed a criminal offense to be held to have committed a 
> “high crime”.
> 
>> On Jan 19, 2021, at 1:46 PM, <[email protected] 
>> <mailto:[email protected]>> <[email protected] 
>> <mailto:[email protected]>> wrote:
>>
>> I think of "high" crimes and misdemeanors as those that only a person of 
>> lofty office can commit.  So violation of an oath of "high" office is a High 
>> Crime.  I don't know if that interpretation has any basis in history.  But 
>> the plain text of the constitution seems to suggest it: "...bribery and 
>> OTHER high crimes and misdemeanors..."  So, I see the impeachment passage in 
>> the constitution as setting out vulnerabilities of high office */_in 
>> addition to_/* those that ordinary citizens endure. 

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