Here’s Why Impeaching Biden Is So Tricky 

Rena Schild /
Rena Schild /

As Biden continues to wield unchecked power against the United States, Republicans have been hesitant to begin impeachment proceedings against him and his administration. It’s not a lack of enthusiasm for removing him from office; it’s a matter of ensuring their case against him is signed, sealed, and delivered. 

It seems like a no-brainer. Biden is guilty of abandoning the Constitution in so many ways even a first-grader could make a case for his removal from office.  

But impeachable offenses are very specific, as outlined in the Constitution. “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.” 

Nothing Biden has done can be described as treasonous, per the deliberately narrow definition provided in the Constitution. “Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”  

The border invasion does not constitute war. Even unfreezing billions of dollars to Iran is not treasonous because America is not at war with the country, although it was a decision that will undoubtedly have repercussions for the United States in the future.  

It can be argued that providing aid to America’s enemies, welcoming thousands of military-aged immigrants from countries hostile to the United States and into the nation through unchecked illegal immigration, may border on treasonous. Still, the United States is not actively at war with its enemies. By the constitutional definition of treason, Biden has managed to keep his hands clean regarding the border. 

But his inaction and unwillingness to secure the border does potentially indicate a breach of his oath to the Constitution. While the United States Constitution does not explicitly mention the phrase “secure borders,” it does contain at least two powerful and relevant principles and powers related to border security.  

First, Article I, Section 8 describes the powers of Congress, including the authority “to provide for the common Defense and general Welfare of the United States.” Next, Article IV, Section 4 of the Constitution guarantees that the United States shall protect each state against invasion.  

The border crisis is just one of Biden’s numerous “high crimes and misdemeanors” that can be levied against him for impeachment, as described by legal scholars.  

While “high crimes and misdemeanors” are primarily left for constitutional interpretation, legal experts agree impeachable offenses under this specific category include broad issues like obstructing justice, lying under oath, abuse of power, violating public trust, and betraying national security. 

Biden’s border crisis falls under the betraying of national security, defined as engaging in activities that compromise national security or harm the country’s interests. But Biden’s “high crimes and misdemeanors” don’t stop there. 

The Biden family scandals, which include corruption and bribery, are a violation of public trust. They also incorporate a massive abuse of power, loosely defined as actions exceeding the president’s constitutional authority or using an office for personal gain. Legal experts have argued that Biden’s student loan forgiveness program and the vaccine mandates are also examples of abuses of power. 

Additionally, various departments, including the DOJ, the FBI, and even the IRS, were compromised in attempts to cover the Biden family’s illicit overseas business dealings. This constitutes obstruction of justice, described by legal experts as “interfering with investigations and tampering with witnesses.” 

When various House Republicans make statements regarding the “proof” of Biden’s crimes, it’s essential to understand that it’s a far deeper issue than the “appearance” of guilt. Republicans must make their case in front of a Democrat-controlled Senate that holds the keys to Biden’s removal from office in their incredibly biased hands. It requires a two-thirds majority vote in the Senate to convict and remove a sitting president from office. 

House Republicans will also face the court of public opinion. While it’s doubtful the Senate would act, the American people must be convinced of his guilt for there to be any benefit to impeachment proceedings. Because the Biden administration enjoys complete immunity and protection from the media, it’s even more critical to ensure the case is airtight before bringing it forward.  

Even then, it’s highly doubtful Americans will ever see the whole story. House Republicans are playing the long game, and even though they won’t win, it’s still a game that requires careful planning. Republicans are walking a fine line between wanting Biden to be held accountable for his actions and knowing that a lack of preparation will make them look as stupid as the Democrats did when they rushed former President Donald Trump through two ill-prepared and baseless impeachment proceedings.