House Republicans have floated launching an impeachment inquiry against President Biden amid newly surfaced allegations that suggest his involvement in the business dealings of his son. But can congressional lawmakers initiate the use of that constitutional tool for alleged treason, bribery or high crimes and misdemeanors that transpired before holding the office of the presidency?
“The answer is clear,” Harvard Law professor emeritus Alan Dershowitz told Fox News Digital. “No one knows.”
Article II, Section 4, of the U.S. Constitution states: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
But it doesn’t specify whether those alleged actions need to take place during the time the official holds the office.
“The crucial impeachment language in the Constitution is not limited to ‘high Crimes and Misdemeanors’ committed while ‘in office,’” senior legal fellow at The Heritage Foundation Hans A. von Spakovsky told Fox News Digital. “That language is not there.”