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Edited on Sun Apr-19-09 06:34 PM by Kurt_and_Hunter
On the one hand, Jay Bybee (torture memo author and current circuit court justice) enjoys life-time tenure on the bench assuming good conduct. And the same rather vague high-crimes and misdemeanors standard that got such a work-out with Bill Clinton applies.
(Question: Is there precedent for impeaching a justice for prior conduct?)
On the other hand, Congress has total latitude in their definition and application of the standard. Impeachment is not tied to any criminal proceeding, it is Congress' own determination.
And there is no reasonable doubt standard in a Senate impeachment... there is no standard at all. (There is the precedent of how things have been done before but that's not binding. Probably should be honored, though.)
Seems like conspiracy to violate a treaty that has sanctions for violations should be enough. (His confirmation hearing probably wasn't tough enough to have generated any actionable lies.)
But here's the really awful question... are there votes for a conviction in the Senate? Probably not.
Your thoughts on the process, options, wrinkles, pit-falls, etc?
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