Any elected official can be impeached.... for state and local, rules vary. Here are some interesting facts... Impeachment does not automatically remove an official from office. Impeachment functions as an indictment of a public official; it allows the legislature to bring formal charges against a civil officer of government. After an official has been impeached, or formally charged, a trial is held to determine whether or not the official will be removed from office. A candidate for office is not an employee nor are they considered a public official.
Now then, even if it were possible to preimpeach Mr. Trump... what impeachable crime did he commit? According to the US Constitution, "Treason, Bribery, or other High Crimes and Misdemeanors" justify impeachment. We can rule out Treason, Bribery, or other High Crimes.... so we are left with misdemeanors. In many states to include my state, you can not cuss in public. I think Texas has a similar law. So, did Mr. Trump commit a misdemeanor... No simply because the remarks were made in a private conversation and the conversation happened in California... so, I refer you to Cohen v. California (1971)... Justice John Marshall Harlan ruled that a jacket worn into a court room with "f*&k the draft" was covered under the First Amendment Freedom of speech. Even if the dirty words were spoken in NYC, those laws defines disorderly conduct as:
fighting or engaging in other violent or threatening conduct
making an unreasonable amount of noise
using obscene or abusive language or gestures in publicdisturbing a lawful assembly or meeting
blocking traffic (vehicular or pedestrian)
congregating in public and refusing a police officer’s order to disperse, or
creating an offensive or hazardous condition without good reason.
Again, notice that he would have to have made the comments in public.
And Loki is right... Indeed, in 1873 the House investigated Vice President Schuyler Colfax (Congressional Globe, February 1873, see below for ruling). The House has, in the past, stated that crimes prior to a person's holding office do not subject them to impeachment in that office.
Now Killary, if elected, could be impeached for treason.... her misuse of classified material did happen while she was a federal employee....
slatten49 wrote:
I am fairly sure you did not mean to say that elected local, city, county or state officials are employees of the U.S. (federal) government. I do not believe one has to be an employee of the federal government to be impeached. Although Mr. Trump is not an elected official, he elected to be a politician once he started running for office.