Failure to Impeach, Remove Trump Could Effectively Extinguish Impeachment Power, Laurence Tribe Says
"The lesson that will be taught if this president is not removed by the Senate after being impeached by the House is that nothing counts as a high crime and misdemeanor," the Harvard Law professor said at New York Law School.
November 01, 2019 at 06:13 PM
3 minute read
There is a debate over the definition of "high crimes and misdemeanors" that merit impeachment according to the U.S. Constitution, Laurence Tribe, the Harvard constitutional law professor, told a New York Law School audience Friday .
But that debate isn't relevant in the impeachment inquiry into President Donald Trump, he said.
"We're now dealing with something that so dramatically and obviously exemplifies the very heart of what a high crime and misdemeanor is that the lesson that will be taught if this president is not removed by the Senate after being impeached by the House is that nothing counts as a high crime and misdemeanor," he said.
Not impeaching Trump now, based on the information available, would mean the country no longer has the effective impeachment power that the Framers intended, Tribe said.
"The Framers of the Constitution realized that waiting until the next election wouldn't always be safe," he said, adding that the country's early leaders were particularly concerned by foreign intervention in elections and, more broadly, presidents acting toward their own benefit while in office.
Trump has threatened to take his impeachment to the courts, but Tribe said no court really has standing to handle the issue, especially if they're being asked to adjudicate the substance of the allegations against Trump.
He said there's some opening for a court to consider procedural issues, but even in that case, he's not sure which court would have standing.
Tribe praised the recent decision by U.S. Senior District Judge Victor Marrero of the Southern District of New York in Trump's lawsuit against the Manhattan District Attorney's Office over a grand jury subpoena for his tax returns.
Marrero dismissed the suit and criticized at length memos from the U.S. Department of Justice's Office of Legal Counsel, which the president's lawyers have cited in their arguments for presidential immunity. The memos are not the same as high court opinions, he said.
The newly approved public phase of impeachment proceedings in the U.S. House of Representatives is likely to have a significant effect on popular opinion, if former President Richard Nixon's impeachment process is any guide, Tribe said.
But comparing Nixon's situation to Trump's is like comparing "apples to apple orchards," Tribe said, so the Trump hearings should be even more dramatic.
Tribe was interviewed by Jeffrey Toobin, a CNN legal analyst who also writes for The New Yorker, as part of New York Law School's Sidney Shainwald Public Interest Lecture Series.
Before discussing impeachment, Toobin asked Tribe about his early childhood during World War II in Shanghai, where his parents had arrived after leaving Russia in the Jewish diaspora. Tribe and his mother were stateless, he said, but his father had American citizenship. The family eventually made it to the west coast of the United States, where Tribe grew up before attending Harvard.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAfter Solving Problems for Presidents, Ron Klain Now Applying Legal Prowess to Helping Airbnb Overturn NYC Ban
7 minute readUS Courts Announce Closures in Observance of Jimmy Carter National Mourning Day
2 minute readGovernment Attorneys Are Flooding the Job Market, But Is There Room in Big Law?
4 minute readTrending Stories
- 1Family Court 2024 Roundup: Part I
- 2In-House Lawyers Are Focused on Employment and Cybersecurity Disputes, But Looking Out for Conflict Over AI
- 3A Simple 'Trial Lawyer' Goes to the Supreme Court
- 4Clifford Chance Adds Skadden Rainmaker in London
- 5Latham, Kirkland and Paul Weiss Climb UK M&A Rankings
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250