‘“Suppose a president were to announce that he would in no circumstances appoint any Roman Catholic to office and were rigorously to stick to this plan,” Charles L. Black Jr. wondered in his 1974 book Impeachment: A Handbook. “Suppose a president were to announce and follow a policy of granting full pardons, in advance of indictment or trial, to all federal agents or police who killed anybody in line of duty, in the District of Columbia, whatever the circumstances and however unnecessary the killing?”
In the throes of Watergate, the Yale professor pondered the question: Must a president commit an indictable offense to be impeached? Black imagined a range of noncrimes that might justify removing a president from office. The two I quoted are the climax of a series of increasing ominousness.
But even Black’s inventive mind did not foresee what we all just saw on ABC: the president confessing in advance that he would accept stolen information from a hostile foreign intelligence agency if it were to help his presidential campaign.”
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