On December 3rd, NYDLC hosted an Impeachment CLE at Stroock &Stroock. Panelists included Nick Akerman (Former Watergate Prosecutor and Partner, Dorsey & Whitney LLP), Richard Emery (Founding Partner, Emery Celli, Brinckerhoff & Abady LLP), Jerry H. Goldfeder (Special Counsel, Stroock & Stroock & Lavan LLP) and Rebecca Roiphe (Professor of Law, New York Law School) and was moderated by Cynthia Kouril (Principal at Kouril Law Office, P.C.).
The CLE discussed what constitutes a "high crime and misdemeanor," the impeachment cases for Andrew Johnson, Richard Nixon, Bill Clinton, and Alcee Hastings, a federal judge who was impeached and removed for bribery and went on to become a US House Representative.
The CLE then went on to discuss whether what Trump admits to doing constitutes a high crime and misdemeanor. Interestingly, neither bribery or high crimes and misdemeanors are clearly defined in the Constitution, and thus determinations for whether they have been committed are made on a purely political basis. The House and Senate may not completely agree, and this will have implications for precedent and future impeachment hearings."