From: "Luke Weiger"
Would I show disrespect for the rule of law if I claimed that a speeding ticket isn't an impeachable offense? Actually, jaywalking is probably a better analogy, since laws against Clintonian "perjury" (Q for the resident LBO attorneys--do Clinton's misleading statements in the Jones trial constitute perjury?) are enforced about as often.
^^^^^
CB: Generally, perjury is making a _false_ statement under oath.
The words of the Constitution on causes of impeachment and trial are actually " High Crimes and Misdemeanors" but "midemeanor" had more the meaning then that "felony" does today.
The final arbiter of what a president can be removed for is the majority of the Senate at the time. There is no vote by the Supreme Court, even though the Chief Justice chairs or whatever. So, what a removable offense is is what the _Senate at the time_ says it is. They aren't bound by their own precedent , as far as I know. The House has a sort of veto in defining an impeachable offense, since the Senate doesn't get to say unless the House first impeaches.
The Supreme Court has nothing to do with any of this. The House and Senate decisions are not appealable to the Supreme Court.
Even the fact that the Congress has passed a statute classifying perjury as a felony ( "high crime" ? Olde tyme Misdemeanor ?), the House is not bound this statute to impeach nor the Senate bound to remove from office because a particular President has committed perjury. A court can't try the President for perjury because of Separation of Powers. So the proofs of perjury would be before the House and Senate. But even if they were convinced that in fact a President had committed perjury ( lying under oath), they are not thereby bound to vote to impeach or remove. As far as I know, the President could be found by the Members of Congress to in fact have committed murder, and they would not be legally bound by their factual conclusio to either impeach or remove. In that regard, they are not like a jury. They are both factfinder and lawfinder in this situation. Members of Congress have absolute discretion on how they vote on impeachment or removal from office.