Home Original Republican Effort to Impeach Rosenstein Would Set a Low Bar

Republican Effort to Impeach Rosenstein Would Set a Low Bar

0

By Dr. Stephen Schwalbe
Faculty Member, Public Administration, American Military University

“Do I support impeachment of Rod Rosenstein?” Speaker of the House Paul Ryan (R-WI) asked rhetorically during a recent press briefing at the Capitol. “No, I do not,” he stated.

Nevertheless, 11 members of the House of Representatives, led by Rep. Jim Jordan (R-OH) and Rep. Mark Meadows (R-NC), leaders of the very conservative Freedom Caucus within the House Republican Party, filed articles of impeachment against Rod Rosenstein, the Justice Department’s Deputy Attorney General. Rosenstein oversees Special Counsel Robert Mueller‘s investigation into Russia’s meddling in the 2016 presidential election.

Impeachment Articles Claim Rosenstein Failed to Comply with Congressional Subpoena

The articles of impeachment claim Rosenstein should be removed from office because he failed to comply with a congressional subpoena. The subpoena ordered Rosenstein to produce all documents pertaining to the FBI and Justice Department’s conduct during the 2016 presidential race.

trumpImpeachment in the House is analogous to an indictment by a grand jury. Past impeachment proceedings have charged government officials with alleged crimes committed while in office, although in this case no actual crime has been committed.

At the federal level, Article I, Section 2, Clause 5 of the Constitution grants the House “the sole power of impeachment.” Section 3, Clause 6 grants the Senate “the sole Power to try all Impeachments.”

In considering articles of impeachment, the House is obligated to base its charges on the standards specified in Article II, Section 4 of the Constitution: “Officers of the United States shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.” Regarding the Freedom Caucus’s case, it would appear the charges fall into the misdemeanor category.

Full House Vote to Impeach Rosenstein Unlikely

Even with both chambers of Congress in Republican hands,  it is unlikely that the House of Representatives would vote to impeach Rosenstein.

The real issue here is that once impeachment proceedings start within the House, it can become a normal course of business if it continues for any length of time, making it easier to consider future impeachment proceedings. With  Congresswoman Maxine Waters (D-CA) and her liberal followers calling for the impeachment of President Trump, the last thing Ryan probably wants to see is the Republican Party setting the impeachment bar fairly low for future potential impeachment cases, especially if the Democrats retake control of the House following the mid-term elections in November.

About the Author

Dr. Stephen Schwalbe is an associate professor at American Military University. He is also an adjunct professor at Columbia College. Stephen received a Ph. D. in Public Administration and Public Policy from Auburn University in 2006.

 

Comments

comments

Online Degrees & Certificates In Cybersecurity

American Military University's online cybersecurity programs integrate multiple disciplines to ensure you gain the critical skills and management practices needed to effectively lead cybersecurity missions – from government or private industry. Learn from the leader. American Military University is part of American Public University System, which has been designated by the National Security Agency and the Department of Homeland Security as a National Center of Academic Excellence in Cyber Defense Education.

Request Information

Please complete this form and we’ll contact you with more information about AMU. All fields except phone are required.

Validation message here
Validation message here
Validation message here
Validation message here
Validation message here
Validation message here
Validation message here
Validation message here
Validation message here
Ready to apply? Start your application today.

We value your privacy.

By submitting this form, you agree to receive emails, texts, and phone calls and messages from American Public University System, Inc. which includes American Military University (AMU) and American Public University (APU), its affiliates, and representatives. I understand that this consent is not a condition of enrollment or purchase.

You may withdraw your consent at any time. Please refer to our privacy policy, terms, or contact us for more details.