Yes, he’s impeachable. You don’t have to be Senate-confirmed.
I’ve had several email queries about my suggestion that demands to the White House for documents and testimony be framed as part an inquiry into the possible impeachment of Karl Rove. Since he doesn’t hold a Senate-confirmed job, my readers asked, can he be impeached?
Answer: Yes. Article II, Section 4 provides for the impeachment of “any Civil Official of the United States.” If Alberto Gonzales remains Attorney General, no doubt the Justice Department would be willing to argue that Rove isn’t a “Civil Official” because he has, in fact, created a whole new level of incivility. But I doubt that argument would get far in court.
Author: Mark Kleiman
Professor of Public Policy at the NYU Marron Institute for Urban Management and editor of the Journal of Drug Policy Analysis. Teaches about the methods of policy analysis about drug abuse control and crime control policy, working out the implications of two principles: that swift and certain sanctions don't have to be severe to be effective, and that well-designed threats usually don't have to be carried out.
Drugs and Drug Policy: What Everyone Needs to Know (with Jonathan Caulkins and Angela Hawken)
When Brute Force Fails: How to Have Less Crime and Less Punishment (Princeton, 2009; named one of the "books of the year" by The Economist
Against Excess: Drug Policy for Results (Basic, 1993)
Marijuana: Costs of Abuse, Costs of Control (Greenwood, 1989)
View all posts by Mark Kleiman