Noah Feldman, Bloomberg columnist and constitutional law professor at Harvard, published an op-ed yesterday that raised an issue that I hadn’t considered since SCROTUS’s latest Tweet storm; falsely accusing a former president of an impeachable offense is…wait for it…an impeachable offense. CJ accused President Obama of ordering the FBI to wiretap the campaign offices at Cheeto Tower which is clearly against a whole host of state and federal laws; if true, those crimes would result in criminal prosecution and impeachment. It’s not true, of course, and Feldman’s argument is that this accusation is not protected under the First Amendment since defamation is not protected. Additionally, unless evidence is produced supporting this accusation, the consequences cannot by asymmetrical; that is, a false accusation of an impeachable offense is in itself cause for impeachment of the accuser.
Now, I’m not stupid enough to believe that Congress, dominated by drooling Neanderthals and idiots, will do anything approaching an impeachment proceeding, but it’s just one more thing to add to the list of offenses that grows daily.