The Constitution says that in cases of impeachment, "the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law." It does not except the president. But what impeachable offenses aren't covered by the new doctrine of immunity?
I'm not saying that the opinion limits impeachment. It doesn't do that.
I'm saying that it renders impossible what the Constitution explicitly contemplates, which is that the same offense would be grounds for impeachment and, subsequently, for a criminal trial.
If the president literally *can't* commit high crimes and misdemeanors while in office, hard to see any member of his party ever voting to impeach and convict him.
The sole and exclusive power to define was is or is not “high crimes or misdemeanors” is expressly granted to the House for impeachment purposes. Not that this will stop this activist Court from saying otherwise, but it at least should be said for now.
