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To say that conduct need not be criminal to be impeachable does not mean that the criminal realm is irrelevant to impeachability.
A vague standard, such as "other high Crimes and Misdemeanors," is certainly prone to this problem, and neither side in the impeachment controversy was inclined to allow members of Congress much latitude in determining the impeachability o f the President's misconduct.
For example, in relatively controversial decisions, the House decided (for only the third time in history) not to call any live witnesses or otherwise undertake any independent fact-finding,(21) to hold a final vote on the impeachment articles in a lame duck session,(22) and to forego defining or adopting a uniform standard for defining the impeachability of certain misconduct.
Second, the appeals court in the Hastings matter specifically noted that if the Act permitted the Judicial Conference "to issue some kind of preliminary ruling on impeachability," it might be invalid.
left an ambiguous precedent on the impeachability of former officials.
But it is still up to the courts, especially the Supreme Court, to categorically decide on whether or not the filing of a criminal charge amounts to a violation of impeachability, she added.
It does not say categorically to what extent they may be subject to prosecutorial action without their impeachability being affected.
Impeachability only means that he cannot be removed from public office except by impeachment.
It really depends on how the criminal court concerned will interpret the provisions of impeachability visavis impeachable officials who are not immune from suit.
Lacierda cited cases involving previous administrations in which several executive actions had been deemed unconstitutional but "never reached the level of impeachability.
Lacierda said that while Aquino authorized DAP releases, "acts that have been declared unconstitutional in the past, not just in this administration, never reached the level of impeachability.
He said a number of laws and certain acts have already been declared unconstitutional but "that does not equate to impeachability.