I repeatedly stated in both the Clinton and Trump hearings the same position on indictable offenses. I expressly stated that impeachment articles do not have to be based on criminal or indictable acts. I have argued that past Congresses have often looked to the criminal code and cases as a measure of alleged impeachable offenses – a practice that I support. However, I emphasized that indictable criminal acts are not required by the Constitution.

Since Rep. Wild’s focuses on how my Trump testimony changed on this issue, I will focus on the Trump hearing to keep this response reasonably short. I will note, however, that Bill Clinton was accused of a criminal act: perjury. Democrats agreed (as did a later federal judge) that Clinton knowingly committed perjury under oath, but Democratic witnesses like Professor Laurence Tribe insisted that impeachment was simply not that broad. I disagreed and still do.

In the Trump impeachment, I will note at the outset that not only did I repeat my position from the Clinton impeachment, but the House managers repeatedly relied on my position to support their articles of impeachment. Indeed, they cited that position in both impeachments, including featuring a statement in the second trial where I maintained that articles of impeachment do not require criminal or indictable acts.