The phrase 'High Crimes and Misdemeanours' is enshrined in the US constitution. It is the phraseology used to describe circumstances when the US President might be impeached by its own legislature. Its roots go back to medieval times in England when parliament could bring charges through impeachment of a Minister of the Crown.
William 4th Barron Latimer was born on the 24th March 1330 in Yorkshire. At a very young age he was present at the battle of Crecy in 1346 and was consequently knighted in Calais in 1351. After a distinguished military career, he became a Steward of the Household and, subsequently, a Warden of the Cinque Ports. So far so good for Baron Latimer; but in April 1376, the so called 'Good Parliament' decided it was time to deal with corruption amongst the King's servants. Charges of impeachment were brought against Latimer about bribes he had taken for the release of enemy ships in France and various other high crimes and misdemeanours. He was eventually convicted, deprived of his offices and put in prison, only to be pardoned shortly, when the King's influence started to rise again.
So much for the fledging rule of law in these early times!
This mechanism appealed to the founders of the United States. Amongst many checks and balances, the power of impeachment was included to provide a mechanism to remove wayward Officers of the State, including that of the president. Three presidents have faced impeachment proceedings to date, namely Andrew Jackson, Bill Clinton and Richard Nixon although Nixon resigned before he could be impeached. As we know the US House of Representatives is in the course of a further impeachment investigation into the alleged 'High Crimes and Misdemeanours' of Donald Trump.
Trump’s alleged crime is that he used his presidential powers to put pressure on the Ukraine to commence formal, corrupt investigations into a rival presidential candidate’s son. Trump, via his own personal lawyer Rudi Giuliani, and in conversations with the President of Ukraine personally threatened to withhold military aid unless Ukraine took the necessary action to investigate Hunter Biden’s activities in Ukraine. At first Trump denied the allegations; but now that they seem pretty firmly established as a fact, the question is turning as to whether these actions amounted to a High Crime or Misdemeanour.
Looking in from the outside, it seems extraordinary that an alleged misuse of presidential powers to try and influence an upcoming presidential election in this way should not be seen as a very serious Crime. This is before you consider the intimidation of witnesses. It seems to me that such a misuse of power would be an assault on the very fabric of democracy; but we in the UK are not in a position to feel smug about politicians driving a coach and horses through our political processes. Recent actions at the start of our own election process are far from promising.
In a recent advert on Facebook viewed by hundreds of thousands of potential voters, a broadcast by Keir Starmer, Labour’s Brexit secretary was doctored by the Tories to indicate that he was indecisive in answering questions about Labour’s Brexit stance.
This broadcast was in fact a lie and utterly misleading in the impression that it gave.
In today’s political climate, it seems that any lie or falsehood can be used to chorale voters into your camp. Surely this is also a serious matter and one which threatens to undermine our democratic process. If our politicians are going to manipulate material in this way, then it is hard to see how democracy itself can survive in the longer term. It is time on both sides of the Atlantic to say enough is enough. This has been followed up with alleged inducements to have opponents step down from the election.
We have come a long way since 1376, but there are signs that we risk reverting back to dark times if we do not protect the integrity of our system of governance today.