Failure Doesn’t Exempt
“In some of the instances in which Richard M. Nixon abused the powers of his office, his unlawful or improper objective was not achieved. But this does not make the abuse of power any less serious, nor diminish the applicability of the impeachment remedy.
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“The principle was stated by Supreme Court Justice William Johnson in 1808: ‘If an officer attempt[s] an act inconsistent with the duties of his station, it is presumed that the failure of the attempt would not exempt him from liability to impeachment. Should a President head a conspiracy for the usurpation of absolute power, it is hoped that no one will contend that defeating his machinations would restore him to innocence.’” — The Majority Staff of the House Committee on the Judiciary; Constitutional Grounds for Impeachment, p. 50
Matt Cliff
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