Suppose Congress buys the argument that the POTUS cannot commit obstruction of justice can they impeach and convict him for doing that which would be obstruction of justice by anyone else?
Would a POTUS have to be considered guilty beyond a reasonable doubt to be convicted when impeached of whatever the charge is?
No. Impeachment and conviction is something Congress can do without regard to the U.S. Code. Impeachment and conviction by Congress is a political matter not a legal one.
A naive, and incorrect, opinion ----- impeachment and conviction is steeped in English law, and is very specifically defined.
"The last section of
Article II, Section 4, deals specifically with the grounds for impeachment: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
In fact, the term "high crimes and misdemeanors" is a commonly recognized description of a specific set of criminal activities. The charge of
high crimes and misdemeanors covers allegations of misconduct peculiar to officials, such as perjury of oath, abuse of authority, bribery, intimidation, misuse of assets, failure to supervise, dereliction of duty, unbecoming conduct, and refusal to obey a lawful order.
The concept that the president could be impeached and convicted for a traffic ticket, or actions prior to his term, or any of the other nonsense being perpetuated by the media - and every self-ordained legal expert - is, simply, nonsense.
What SHOULD scare you is the ignorance of many of the members of congress who purvey this ignorance and disinformation as if it is true. (Yeah, I'm looking at you, Al Green ... you, too, Henny Stoyer ... and, of course, at you -though, it hurts my eyes - Maxine Waters)