Impeachment trial: No crime, no punishment
I responded to a juvenile letter in the Aspen Daily News signed by several busybody local officials who can’t do their elected jobs competently but are self-appointed experts on Senate impeachment trials. I pointed out that the articles of impeachment against President Trump do not allege the elements of any crime, high or low.
Two locals commented on my letter online challenging its legal analysis. Yet they offered none of their own. Probably because they don’t understand the law. So I will explain it.
A crime consists of a series of acts and a state of mind specified in a criminal statute. Each act is called an “element.” If one or more element is absent, there is no crime.
House managers allege the president had a corrupt state of mind when he thought about failing to “commit” Ukrainian aid by the Sept. 30 deadline. Maybe. But he committed the aid by the legal deadline. There was no legal requirement to “commit” the aid earlier. Thus a necessary “element” in any alleged crime, violating the appropriation statutes, is absent.
Maurice Emmer
Aspen

Support Local Journalism

Support Local Journalism
Readers around Aspen and Snowmass Village make the Aspen Times’ work possible. Your financial contribution supports our efforts to deliver quality, locally relevant journalism.
Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. Every contribution, however large or small, will make a difference.
Each donation will be used exclusively for the development and creation of increased news coverage.
Start a dialogue, stay on topic and be civil.
If you don't follow the rules, your comment may be deleted.
User Legend: Moderator
Trusted User
Homeless could use some help
Hello, my name is Vince, and I have made Aspen my home. Over the past several years, I have witnessed many things that are so good and some bad. Get the full story at homeless-in-aspen.yolasite.com