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(147) Others seemed to engage in distinct deliberation upon the question of removal, but it was unclear whether they were tying this to the question of impeachability or considering it separately.
I am not saying that the President's alleged misconduct relating to the Paula Jones and Monica Lewinsky matter did not ultimately satisfy the constitutional threshold of impeachability. I am saying that if it did, it did so barely, not easily.
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.
Justice Secretary Leila de Lima last week said that the Constitution is not clear and categorical to what extent they [impeachable officials] may be subject to prosecutorial action without their impeachability being affected.
The courts, especially the Supreme Court can categorically decide on whether or not the filing of a criminal charge amounts to a violation of impeachability, she said in a text message to reporters.
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."