Reply #67: High Crimes and Misdemeanors

[ProudDad]

Covers a LOT of territory.


"Bribery and treason are among the least ambiguous reasons meriting impeachment, but the ocean of wrongdoing encompassed by the Constitution's stipulation of “high crimes and misdemeanors” is vast. Abuse of power and serious misconduct in office fit this category, but one act that is definitely not grounds for impeachment is partisan discord. Several impeachment cases have confused political animosity with genuine crimes. Since Congress, the vortex of partisanship, is responsible for indicting, trying, and convicting public officials, it is necessary for the legislative branch to temporarily cast aside its factional nature and adopt a judicial role."

http://www.infoplease.com/ipa/A0764613.html

"Judge John Pickering of New Hampshire was the first impeached official actually convicted. He was found guilty of drunkenness and unlawful rulings, on March 12, 1804, and was believed to have been insane."

" Bill Clinton was ultimately dragged down—though not defeated—by the “character issues” brought into question even before his election. An investigation into some suspect real estate dealings in which Clinton was involved prior to his presidency failed to turn up any implicating evidence. However, Independent Counsel Kenneth Starr managed to unravel a tangled web of alleged sexual advances and affairs in Clinton's past. The trail led to former White House intern Monica S. Lewinsky. After months of denials, including in a videotaped legal testimony, Clinton admitted in August of 1998 that he had had a sexual relationship with the young woman during the time of her internship.

The infamous “Starr Report” outlining the findings of the Independent Counsel's investigation was delivered to the House of Representatives on Sept. 9, 1998 and subsequently made available to the public. Many felt the report, filled with lurid details of Clinton's sexual encounters with Lewinsky, to be a political attack against the President rather than a legal justification for his impeachment. Of the 11 possible grounds for impeachment cited by Starr, four were eventually approved by the House Judiciary Committee: grand jury perjury, civil suit perjury, obstruction of justice, and abuse of power.

On December 19, following much debate over the constitutionality of the proceedings and whether or not Clinton could be punished by censure rather than impeachment, the House of Representatives held its historic vote. Clinton was impeached on two counts, grand jury perjury (228–206) and obstruction of justice (221–212), with the votes split along party lines. The Senate Republicans, however, were unable to gather enough support to achieve the two-thirds majority required for his conviction. On Feb. 12, 1999, the Senate acquitted President Clinton on both counts. The perjury charge failed by a vote of 55–45, with 10 Republicans voting against impeachment along with all 45 Democrats. The obstruction of justice vote was 50–50, with 5 Republicans breaking ranks to vote against impeachment."