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Joe Biden’s Next Crisis: Impeachment?

Joe Biden
Former Vice President of the United States Joe Biden speaking with attendees at the 2019 Iowa Federation of Labor Convention hosted by the AFL-CIO at the Prairie Meadows Hotel in Altoona, Iowa.

Can the Impeachment Hammer Fall on Joe Biden? – The founders of the American government never foresaw that impeachment against a sitting president would become a standard and normal way to conduct business on Capitol Hill. The framers planned for presidential misconduct, but two separate impeachments for a president who only served one term was probably not the predicted outcome of the original writers of the Constitution.

Is Joe Biden now facing his own impeachment challenge? 

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Joe Biden Has Entered Into an Embarrassing Episode

The Constitution is vague about what the requirement is for impeachment beyond high crimes and misdemeanors.

In the latest case of alleged malfeasance against President Joe Biden, classified documents dating back to when Biden was vice president have been found at a think tank office and a garage and separate room in his home. This is a potential violation of a law concerning documents associated with presidential administrations.

Other Presidents in Impeachment Hot Water

In the modern era, it was Richard Nixon who arguably came the closest to being removed for the Watergate scandal, but he resigned before a full House vote and the required trial in the Senate. Bill Clinton was impeached for matters associated with an extramarital affair (perjury and obstruction of justice) and was acquitted in the Senate trial. Donald Trump was impeached twice by the House of Representatives for dealings with Ukraine (abuse of power and obstruction of Congress) and for allegedly inciting the January 6 insurrection, but Democrats did not have the votes in the Senate to send him packing for good.

We Are Missing Details at This Point

It is unknown what information is included in the documents.

Biden said he did not know what was contained in them and was “surprised” to find out about their presence at the office. The president said he takes classified information “seriously.” The White House and Biden’s attorneys maintain they alerted the Department of Justice and the National Archives about the situation and that they are fully cooperating with both offices.

The Archives were apparently unaware that documents were missing and were not previously investigating the matter.

Republicans Are Quick to Point Fingers

The discovery of the classified materials predictably has Republicans hopping mad.

They pointed out the hypocrisy of Biden, who criticized former President Donald Trump when he was also to be found to have classified documents in his house after a raid by the FBI in August. Republicans have claimed they will conduct their own investigation into the matter in addition to a special inquiry led by the Department of Justice.

More Congressional Investigation

The House Committee on Oversight and Reform now controlled by the Republicans will likely hold hearings about the classified documents that Biden or his staff seemed to have misplaced. This will depend on how the documents were secured. In the case of the secrets being stored in his residence, Biden admitted that the materials were secured in his locked garage in a closet near a vintage Corvette auto and not “out in the open,” he said.

Republicans are wondering why the presence of the documents had not been announced publicly until now, since the first trove was discovered on November 4. 

Presidential Records Act Governs Wrongdoing

After a presidential administration ends, the Presidential Records Act requires that all records must be turned over to the National Archives. The special counsel will have to determine if this law was broken and determine how severe the crime was.

For it to eclipse the bar of high crimes and misdemeanors, the special counsel would likely have to establish major criminal intent and a conspiracy to commit a crime.

Where Is the Crime?

At the present (and this could change if there are more documents discovered), it does not appear the White House is blocking an investigation or that there was the intention to commit a crime. The matter could be considered an accidental mixing of personal and classified records.

Which President Is In More Jeopardy?

The real problem for the White House at this point is not impeachment but political embarrassment and seeming hypocrisy from the president on how he and Trump are accused of doing the same thing.

Democrats contend that there is a world of difference between the two allegations with Trump’s malfeasance with classified documents being more serious since he did not allegedly cooperate with the National Archives when required.

The longer the investigation goes on with the inevitable media coverage and speculation, the more that it could derail the president’s agenda this year. It may not rise to the level of impeachment, but Biden has been removed from his status of having the ethical and moral high ground when it comes to dealing with classified material.

The matter could be a negative ad in his re-election campaign and inspire some thorny questions during debates.

Author Expertise and Experience: Serving as 19FortyFive’s Defense and National Security Editor, Dr. Brent M. Eastwood is the author of Humans, Machines, and Data: Future Trends in Warfare. He is an Emerging Threats expert and former U.S. Army Infantry officer. You can follow him on Twitter @BMEastwood. He holds a Ph.D. in Political Science and Foreign Policy/ International Relations.

Written By

Now serving as 1945s New Defense and National Security Editor, Brent M. Eastwood, PhD, is the author of Humans, Machines, and Data: Future Trends in Warfare. He is an Emerging Threats expert and former U.S. Army Infantry officer.

29 Comments

29 Comments

  1. GhostTomahawk

    January 13, 2023 at 8:28 pm

    He will resign. This way the democrats won’t have an impeachment on their record making Harris transition appear legitimate.

  2. JjJones

    January 18, 2023 at 4:00 pm

    Pleeeeease, sounds like Trump and his crew is still at work. Planted stuff on/at Biden to get attention/talk OFF him again. Timing of the findings is TRUMP-like. They all just waiting, just TOO ready to jump on Biden. I really, use to like Trump. But he’s ALL Trump, NOT President Material. Ray Charles can SEE thru Trump. Trump prove/shows he’s really ABOVE the law, UNTOUCHABLE. Shows the world just how off-balance/one-sided (in his favor) it is today. WE’VE GONE 100 years BACKWARDS. Trump’s a traitor and can’t/should NOT be trusted. Him and all that went along or agreed with him. Out mouth of a 5 yr old baby, Trump is a “BIG BULLY” everybody afraid of.

  3. wm

    January 18, 2023 at 4:31 pm

    Impeach Biden now. Not able to do the job.

  4. Linda O'Connor

    January 18, 2023 at 8:46 pm

    Move on folks! There’s no crime here. Neither is there a valid comparison with the Trump documents retention situation. Trump took & kept documents for financial gain, i.e. selling to the highest bidder, or to whoever could & would do the most for him. Pure & simple. Trump is a traitor. Biden appears to have either not known he actually had important documents, forgotten about them, or they were left lying/put away in garage in error, possibly by an aide or two. The fact that Biden is cooperating completely and Trump has/is not says it all.

  5. suzie

    January 18, 2023 at 8:53 pm

    some comments do not even deserve a response.

  6. KJVA

    January 19, 2023 at 8:53 am

    So Biden has docs from when 2008ish, Trump maybe, maybe 3-4 years but Trump was worse? Also, what’s this about a think tank? Vintage corvette shop? Sleepy Joe has money huh.

  7. Tha Count

    January 19, 2023 at 10:07 am

    This administration of thieve is an insult to every hard-working American. To see these thieves looking into your eyes and lie about how evil is Mr. Trump is plain disgusting. When you have an impostor in the WH who is selling this country dime by dime to the foreign powers and then they accuse somebody else who is out of the office for more than two years for exactly what they are doing is plain pathetic.
    The weirdest thing about all this is that the people had the chance to make in the November elections these thieves obsolete but they did not. Why is mindboggling. Maybe they did but their vote did not count. Maybe Stalin is right. THE PEOPLE WHO CAST THE VOTES DON’T DECIDE AN ELECTION, THE PEOPLE WHO COUNT THE VOTES DECIDE EVERERYTHING

  8. Beverly Asmutis

    January 19, 2023 at 3:31 pm

    Apples to oranges! No comparison between #45 and #46. Forty-five is a well-documented criminal. Forty-six is “uninformed” about moved items at best.

  9. Paul Smith

    January 19, 2023 at 6:28 pm

    To JjJones!!!
    YOU BETTER GET YOUR HEAD OUT OF THE SAND MAN!!!

  10. James Newell

    January 20, 2023 at 4:00 pm

    Biden should be impeached for failure to enforce the immigration laws of the country.

  11. WILLIAM MCMICHEN

    January 20, 2023 at 7:26 pm

    The only way to get this country started back to its position as the world Leader is to get rid of Biden and Schumer and get on with the Convention of States and TEWRM LIMITS and elect some decent people like George Washington and Thomas Jefferson who are there to serve and not out political power and monetary gains.

  12. Batar Nemgirow

    January 21, 2023 at 3:16 pm

    From all the previous Presidents, Joe needs to go. He is being protected from the bureaucrats from past and present, and Democrats who illegally Impeached Trump twice. It seems that our Justice system and Congress committees don’t seem to want or wish to investigate the Bidens whether it is their foreign dealings or influence peddling and all the wiping out good pro good economics and causing inflation, selling of our energy and at same time causing our debt and involvement into a War that has no Security-relation to us.

  13. Tommy Wright

    January 21, 2023 at 6:54 pm

    I hope the Bast does get impeached

  14. RICHARD

    January 21, 2023 at 9:07 pm

    say it like it is……He is one SOaB a BAST!

  15. Barbara Herron

    January 21, 2023 at 9:37 pm

    Please people understand that we have a two way justice system in our country, Mr., Trump filed a lawsuit against Hillary for the Russia Gate which was proven that she did buy a Russian hoax against Trump., Nut the Judge John Middlebrook threw out the case and fine Mt Trump a million dollars for a fibrous lawsuit, We all know Hillary was guilty. But the Judge was appointed by Bill Clinton, and The Clintons are friends with the Judge, This Judge needs fired!! He didn’t use the law for justice he used his relationship with the Clintons. Wrong way Judge.I hope Mt. Trump sues again in a Republican court, Maybe justice will survive.

  16. Mike

    January 21, 2023 at 11:16 pm

    Biden really needs to go. He has been quoted stating the second amendment (which is part of the Bill of Rights) as a document that was never meant to be absolute. He refuses to maintain sovereign borders, had admitted “forgotten” documents in a garage next to his corvette, has had those same documents since 2017 (i am convinced he used those for his own benefit and is playing dumb, or really has dementia) of which he is incompetent to be the president. His focus on controlling the freedoms of press, and free speech in regards to ANY information regarding the MRNA gene therapy shots to “stem the spread of covid 19” all show a complete disregard for the Constitution of the United States of America.He has proven to be nothing more than a puppet for the socialist regime that is attempting to take American rights away from American citizens.

  17. Joe

    January 22, 2023 at 12:39 pm

    Needs to be more concerned with Southern border. More fentanyl than gun related deaths. Absolutely had possession of classified documents for nefarious reasons.

  18. JOHN

    January 22, 2023 at 2:35 pm

    what a usa run my thugs neither dam party is worth vetoing for they care less about us citizen only use us to fill there pocket’s

  19. Noners

    January 22, 2023 at 2:56 pm

    James Newell The failure to do anything about our southern border for the first 2 years he was in office, allowing more than 2 million undocumented migrants into our country, is a violation of his Oath of Office. That is treason. He is a traitor and the punishment for that is prison…probably for the rest of his life. We don’t know the people he let in nor what their intentions are. Neither does Joe Biden. They could be human traffickers, drug traffickers, cartels, gangs, rapists, murderers….who knows what they are. He deliberately put us and our once wonderful country in danger.

  20. KEVIN KELLY

    January 22, 2023 at 3:20 pm

    BIDEN SHOULD BE IMPEACHED FOR LYING TO THE NATION FOR A DONATION BEFORE ANY SORT OF INVESTIGATION

  21. William Passas

    January 23, 2023 at 1:19 pm

    What would be gained? The VP would become President. Would that be two years of better?
    Let McConnell, McCarty, Biden and Schumer run the next two years.

  22. LOREN DUNTON

    January 23, 2023 at 1:40 pm

    opening our once secure border under Trump allowing millions of ilegals into our country is definately impeachable and unconscionable.

  23. Paul

    January 23, 2023 at 7:08 pm

    send Biden and Shumer Harris and the whole lot to Iran with there brothers

  24. Ronald E Thompson

    January 25, 2023 at 12:51 pm

    I just have one question, why is it that the republicans are quick to jump on the band wagon to impeach Joe Biden when they do not even have all the facts yet. But they totally ugnore the same situation with Donald Trump, instead they back him up. Does not matter who is right or wrong, What matters is the misuse or the non protection of classified puts this country in deep trouble if it gets into the wrong hands. :You cannot accuse one without the other. Just let the justice department handle it.

  25. thomas william keim

    January 25, 2023 at 5:51 pm

    the democrats been getting away with treason for a long time how many of these documents that biden took home with hunter working for china fell into their hands .neither biden or harris are qualified for their job .the usa is in ruins and we are on the verge of full communist as we are already 1/2 way there

  26. rich long

    January 26, 2023 at 1:58 pm

    No one gets it. Trump is the only one that can de classify his documents. Biden has this stuff in lots of places since he was a senator. MILLONS HAVE GONE TO THE BIDEN UNIVERSITY HOSPITAL from China, only to disappear since the hospital administration states they never received any money from China.And lets not forget that Hunter was living at the house where the documents were found, and has history with China. The kids potentially been selling them this stuff for quite some time.

  27. Larry Rubin

    January 26, 2023 at 6:04 pm

    Since when can a sitting or past senator have the ability to declassify documents? Never. Even as Vice President you don’t have the power to declassify documents. Only the president can do this. Biden is full of you know what, and his son is a traitor. I believe the investigations will show that both of them collected millions of dollars from our enemies, and for what? The biggest problem is that if anyone really considered impeachment, it would place the most ignorant, unqualified individual in the White House. She is this countries second most unqualified political representative. Is there ever a question she answers without cackling like a crazed chicken? Term limits please!!!!! Like the old days. Individuals leave the farm to serve their country, and govern. Then go back to the farm, and bring in a fresh set of ideas for the next term. One can only dream about this happening, good luck!!

  28. Steve

    January 26, 2023 at 6:27 pm

    Joe Biden is the fake, weak, insignificant leader of the most gullible among us.
    Americans with TDS think they should be taken seriously as they ignore the follies of this feckless little man.
    Russia Russia Russia, for four straight years, and he folder like a tent.

  29. Charlie Brown

    January 28, 2023 at 10:21 pm

    Life is too short to have the Clinton’s and Bidens, involved in selling our top-secret information to the Chinese. Speaking of traditors, if you give information to, or take money from foreign governments, you are guilty of treason. Period… If your wife takes your hand as you are talking to the press, and leads you away, something is wrong with you mentally, if you are the President. Never seen anything like a President that cannot put two words together to make a sentence.

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