Page:Impeachment of Donald J. Trump, President of the United States — Report of the Committee on the Judiciary, House of Representatives.pdf/46

 will be equivalent to a tenure during the pleasure of the Senate." In response, Mason substituted "other high Crimes and Misdemeanors." Apparently pleased with Mason's compromise, the Convention accepted his proposal and moved on.

This discussion confirms that Presidential impeachment is warranted for all manner of great and dangerous offenses that subvert the Constitution. It also sheds helpful light on the nature of impeachable offenses: in identifying "other high Crimes and Misdemeanors," we can start with two that the Framers identified for us, "Treason" and "Bribery."

1.Impeachable Treason

Under Article III of the Constitution, "treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort." In other words, a person commits treason if he uses armed force in an attempt to overthrow the government, or if he knowingly gives aid and comfort to nations (or organizations) with which the United States is in a state of declared or open war. At the very heart of "Treason" is deliberate betrayal of the nation and its security. Such betrayal would not only be unforgivable, but would also confirm that the President remains a threat if allowed to remain in office. A President who has knowingly betrayed national security is a President who will do so again. He endangers our lives and those of our allies.

2.Impeachable Bribery

The essence of impeachable bribery is a government official's exploitation of his or her public duties for personal gain. To the Framers, it was received wisdom that nothing can be "a greater Temptation to Officers [than] to abuse their Power by Bribery and Extortion." To guard against that risk, the Framers authorized the impeachment of a President who offers, solicits, or accepts something of personal value to influence his own official actions. By rendering such "Bribery" impeachable, the Framers sought to ensure that the Nation could expel a leader who would sell out the interests of "We the People" to achieve his own personal gain.

Unlike "Treason," which is defined in Article III, "Bribery" is not given an express definition in the Constitution. But as Justice Joseph Story explained, a "proper exposition of the nature and limits of this offense" can be found in the Anglo-American common law tradition known well to our Framers. That understanding, in turn, can be refined by reference to the Constitution's text and the records of the Constitutional Convention.