Congress can retroactively impeach Hillary Clinton stemming from her years as secretary of state, thereby preventing her from serving as president, according to a new analysis.
Andrew C. McCarthy, a former assistant United States attorney for the Southern District of New York, writes in National Review Clinton's actions prove that not only should Clinton be impeached, the Constitution allows it.
"The Constitution does not limit impeachment to incumbent officials," writes McCarthy, who cites a passage from Article I.
"The point of impeachment is to deny power to any person — not necessarily an incumbent official — whose high crimes and misdemeanors have demonstrated unfitness for a high public trust."
McCarthy also cites a passage in Article II, which sets the standards for impeachment but does not stipulate that the person needs to be in office at the time.
McCarthy, who wrote last month that Clinton should be impeached and is not, therefore, fit to serve as president, once worked as a lawyer for former New York City Mayor Rudy Giuliani — who has been accompanying Republican Donald Trump on the campaign trail this summer.
The FBI opted to not recommend charges be brought against Clinton for mishandling classified information on her private email server. Documents from the investigation were released last week and shed more light on her actions.
"Hillary Clinton, with a legacy void of accomplishment but rich in abuse of power, is more unworthy of public trust than anyone who has ever sought federal office," McCarthy writes. "That, of course, is why the polls show that the public does not trust her. She should be impeached — both to reflect history's judgment of her disgraceful tenure as secretary of state and to disqualify her from wielding the awesome powers of the presidency."
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