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INDEPENDENT COUNSEL REPORT HEARING COMMITTEE ON RULES HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTH CONGRESS H. RES. 525 PROVIDING POR A DELMERATIE REVIEW RYT COMMETIEE ON THE Bel, AND POR TH RELEASE THEREOF, AND POR OTHER PURPOSES September 10,1986, nad fr the wf te Cotas on lor ae keomee Tessnero COMMITTEE ON RULES GERALD BH. SOLOMON, New York, Chairman DAVID DREIER, Catenia JOHN JOSEPH MOAKLEY, Marchant PORTER Goss, Pimiae Mawrin Fuost Foe SOHN LINDER Coot TONY P. Haul, One DEBORAH PRYCE. Oto TOUISE M: SLAUGHTER, New York BOC HASTINGS, Washington SUE MYRICK, Nerd Carlin Wut D. Cuca, Chief Counsel ‘igo J Kent Staff Dirt Geonce €° Ciao, Hnany Sf Detar Bava H. Hom, Ofce and Sytema Manager Suncowmrree ON Lacistarive AND BUDGET Proctss PORTER GOSS, Merida, Chairman SOHN LENDER, Georg MARGIN FROST, Teas DEBORAH Pa¥CE, Ono JOHN JOSEPH MOARLEY, Manchonetie GERALD BiH. SOLOMON, New York nam Watanny, Minty Sted? Dieter + SUBCOMMITTEE OW RULES AND ORGANEATION OF THE HOUSE DAVID DREIER, Calitnia, Chairman LINCOLN DIAZ-BALART, Pride "TONY P. HALL, Ohio Soot McINNIs, Colrado LOUISE a SLAUGHTER, New York SUE MYHICK, Nerh Carina GERALD BH SOLOMON. Now York inca Rawpaz, Counsel MicnabtGbately Miner) Ste? Director a CONTENTS SerrenBEE 10, 1908 Onepiogsteemant of the Hon. Gerald BH, Solomon, chtirman ofthe Com Opening statement of the Hoo, John Joueph Moakley, ranking member of he Conmitiee on Mules steed Opening sateen of he Hon. David Dre, vse chalrman ofthe Committee Orkningaterent of the Hop. Tony P. Hal, © member of the Committe isles (prepared statement: Of Statoment of the Hon. Porter J. Goss, a member of the Committee Okatngatement ofthe Hon. Lane M. Slaughter, a member ofthe Com ner lament ofthe Ho. dekn Linder, a member ofthe Comite ‘isla fprepered statement member of the Com: Opening talsten ofthe Hon. Unoln Dia-Balart, rs ening ate ofthe Hon Sott Moni, a member of the Committee 1 Oojngntemmt ofthe Hon, Doe Hastings « member ofthe Committee Opening atetement of the Hon. Sue Myrick , a member of the Committee Statement of ‘Hyde, Hon. Henry J, a Representative in Congress from the State of Tha apse Gens i Sas ees am meee weet leas vkacmieb tame ke acas SA paias y Maes Te Gage es ws Br California \.... a = 105 ia We Ge as awe. HEE aa Rept Cg et a 7 oe ee ee eae oon —— et cog di Gan =. SR ne ammo HE es o25: Providing for « deliberative review by the Cormitice om ihe dudary of 4 Somme trom Sm odependont lune and for the releaae thereof, and for other purposes ane ar HLRES. 525, PROVIDING FOR A DELIBERATIVE REVIEW BY THE COMMITTEE ON THE JUDI- CIARY OF A COMMUNICATION FROM AN INDEPENDENT COUNSEL AND FOR THE RE- LEASE THEREOF, AND FOR OTHER PUR- POSES ‘Thursday, September 10, 1998 HoUse oF REPRESENTATIVES, Commrrres on Rutes, Washington, D.C. ‘The committee met, pursuant to call, at 5:43 p.m. in Room H- 813, ‘The Capital, Hon. Gerald BH. Solomon (chairman of the com- mitiee] presiding. Present: Representatives Solomon, Dreier, Goss, Linder, Diaz~ Balart, Melnnis, Hastings, Myrick, Moakiey, Frost, Hall and Slaughter. ‘The CHAIRMAN. The committee will come to order. The matter before the committee today is, House Resolution 525, providing for 1 deliberative review by the Committee on the Judiciary of a com- ‘munication from an independent counsel and for the release there- of and for other purposes. Before my brief opening statement, let ‘me yield to the Vice Chairman, Mr. Dreier and to tell you he is a new-generation Congressman, even though he has been here for 18 years, and he will tell you how to call this up on the Rules Web site, Mr. Dreier. Thank you, Mr. Chairman, For those interested in getting a copy of this resolution, it is available at www-house.gov/ wres525,htm. For those who want to have a copy of this brilliant statement that’ the Chairman. is about to present, they can go to www house gov/rules/gbsstate-him. Do you understand all of that, Mr. Chairman? STATEMENT OF HON, GERALD BH. SOLOMON, A REPRESENTA- TTIVE IN CONGRESS FROM THE STATE OF NEW YORK ‘The Cuamman, That is why I call him the next generation T'do have a brief opening statement after whic eld for any statement from Mr. Moakley, and then I will yield to any members of the committee for any statement that they might have aswel, ‘Today, ladies and gentlemen, the Rules Committee embarks on one of the most unfortunate end difficult tasks thet many of us o 2 have faced in public service, certainly mine in the last 20 years, ‘The committee must set forth a procedure by which the House of Representatives may fulfill its constitutional duties under Article 1 of Becton 2 of the Conaiutan, which js the sole power af, im peachment. This is a responsibility that none of us took lightly When we swore to uphold the Constitution of the United States, and we do not take it lightly now. "The framers of the Constitution deliberately designed our system of government to make this a constitutional responsibility and not ‘2 partisan one. To whatever end these deliberations may lead us, it'is' imperative that this Rules Committee and ultimately, the House of Representatives adopt procedures which best. allow for a fair, not only bipartisan but nonpartisan, determination of the facts involve ‘Yesterday the independent counsel delivered a communication to the House of Representatives pursuant to the independent, counsel law. He was required to do that by law, that law which was first ‘enacted in 1978 under different leadership of this House, Democrat endership, and it was reauthorized in three instances since then, ‘most recently in 1994. The law requires an independent counsel to ‘advise the House of Representatives of any substantial or credible Information which the independent counsel receives which may constitute grounds for an impeachment. That is the law. That is the law of the land, and the independent counsel was required by ‘that law to submit the communication that we are considering here ‘Without question in some sense we are in uncharted waters ‘There has never been a report from an independent counsel detail- ing possible impeachment offenses hy a President. Indeed, the inde. pendent counsel statute itself was an gutgrowth of the Watergate fra. However, we are guided very much by precedent and by his- tory in this matter, as fs often the case in the House of Representa- tives. We always try to follow precedent. "The resolution before us will enable the House, through the de. erations of the House Judiciry Committee, to responsibly re- view this important material and to discharge its duty, particularly ‘with respect to the availability of the contents of this communica- tion to Members of this Congress, to the public and to the media. Tt is important that we American people learn the facts regard- ing this ‘matter, and that isn't just Members of Congress, that is ‘we, the American people. As directed by the Speaker, no’ one, no ‘Member or congressional staffer, has seen the transmission which ‘arrived yesterday, not one page, not. one word. However, it is the understanding the Rules Committee that. the communication contains the following: 445 pages of a communication which is di vided into an introduction, a narrative, and a socalled grounds. An- ‘other 2,000 pages of supporting material is contained in the appen- dices, which may contain grand jury testimony, telephone records, videotape testimony and other sensitive material; and 17 other boxes of supporting material. ‘The method of dissemination and potential restrictions on access to this very, very critical information is outlined in the resolution before the ules Committee today, which as of this moment does appear on the Web site for the American people to look at. 3 ‘The resolution provides the Judiciary Committee with the ability to review the communication, to determine whether sufficient rounds cuit to recommend 16 this House: apd thet in whet dey Gi'be charged with, tw recsmmend to ths House that an mpeaek, ment inquiry be commenced. The resolution provides for an imme- diate release of the approximately 445 pages comprising, again, an troduction, a narrative and a statement of so-called grounds. ‘This will be printed asa House document, and it will be mad avaiable to Afembers tothe press and tothe pubic ater House assage on Friday morning. P'Now, there are technical difficulties involved because we are waiting for the computerized trangmitial document so that we ean Me rin tis Inmediatly after the Congress acts an Friday. ‘Phe balance of the moteriel will have been deemed to have besh received in executive session, but will be released from that status ‘on September 53, 1998. That is a much longer time than some of Us felt was necessary. However, from the very persuasive arga- Sens of Hyde andi, Conyern wa have extended that te, ‘again trying to be as fair and open as we possibly can. ‘Again, the balance of the material will have been deemed to have bean recalved in executive session and will be released on that date tnless the Judiciary Committee vates not to release portions of it. Materials released will Immediately be printed as a House dock. ment, That means that it will be available to all of the Members, to the press, and to the American public avo the receipt by the House of ranaripts and other resords otc we rules of grand jury secrecy, committees of the fouse have received such information on at least five occasions, and this is important to recall all in the context of impeachment fclions, ‘These precedents. date all the way back to 1811, and occured as recently as the impeachment of federal judges, I believe, inthe late 1960s. ‘The resclution further provides that additional material compiled by the Judiciary Committee during the review wil be deemed to have been received in executive session unless it is received in an open session of the committee. That is up to you gentlemen, "Also, access to the executive session material will be restricted to members of the Judiciary Committee and such employees of the committee as may be designated by the Chairman after consulta. tion with the Ranking Minenty Member, Mr. Conyers: Finally, the resolution” provides Una each meeting, that each hearing or deposition of the Judietary Committze wil be in execu. tive sai unless ethers dleitined by tho eommitiey nd figain, that is at your discretion, gentlemen. The executive sessions tiny be attended only by Judiciery Committee members, not by ther Members of the Congress, and emplayees of the committce designated by the Chairman, again ser consolation with the Ranking Minority Member MThe resolution before us attempts to strike an appropriate bal- ance between House Members’ and the public's interest in review ing. this material and the need to protect innocent persons, and that is very, very important. it is andcipatad that the Judiciary Committee may require addi- tional procedures or investigative authorities to adequately review 4 communication in the future. It is anticipated that those au- thorities will be the subject of another resolution before this com- mittee next week, and we will again consult with the Ranking Member of this committee and with the Ranking Members on your committee, Mr. Hyde, in trying to arrive at a resolution that will allow you to do that. It is important, to note that this resolution does not authorize or direct an impeachment inquiry, and I hope that is perfectly clear, It is not the beginning of an impeachment process in the House of Representatives. It merely provides the appropriate parameters for the Committee on the Judiciary, the historically proper place to ex- amine these matters, to review this communication and to make a recommendation to the House as to whether to commence an im- peachment inquiry. That is what you are being charged with by this resolution. If this communication from Independent Counsel Starr should form the basis for future proceedings, it is important for the Rules Committee to be mindful that Members may need to cast. public, recorded and extremely profound votes in the coming weeks or months. It is our responsibility to ensure that Members have enough information about the contents of the communication to cast informed votes and explain their decisions based on their con- ‘science to their constituents. In summation, let me say that Democrats and Republicans dis- agree about many things in this institution, and that is probably {as it should be, but no one disagrees about the honor and the integ- rity of our great friend Henry Hyde. He is one of the most judicious ‘Members of this House of Representatives, and I have often said ‘on several occasions, as I said to my great hero and yours, Henry, Ronald Reagan, that you would make an excellent Supreme Court judge, 1 am very happy that he did not have the opportunity to fol low through on that because we need you here today, desperately, in this capacity. Likewise, the gentleman from Michigan, Mr. Conyers, has many years of experience on the Judiciary Committee, including service jn 1974, which was one of the eritical years of this Congress. He extremely knowledgeable. He is tenacious, to say the least. 1 have had encounters with him in the past, and he usually wins, and we look forward to his leadership in this very important mat ter, is a very grave day for the House of Representatives. It is fa solemn time in our Nation. Today we will do what we are com- pelled to do under the Constitution, not because we desire it, but because, my friends, it is our duty io do it. In order to most judi- ciously fulfill these Constitutional duties, I encourage all Members to approach this sensitive matter with the dignity and the decorum that befits the most deliberative body in the history of this world of ours, Speaker Gingrich spoke of it on the floor. I would encourage all ‘Members that they control themselves. I, for one, am an emotional person. I have been known to speak out sometimes without using proper decorum, and I pledge not to do that. We need to treat the Presidency with respect and treat this body with respect. 5 ‘The CHamMAN. Having said that, I would yield to my good frend, the ranking member Mr. Maakley, for any eatement he might STATEMENT OF HON. JOHN JOSEPH MOAKLEY, A REPRESENT- ‘ATIVE IN CONGRESS FROM THE STATE OF MASSACHUSETTS Mr. Moaxtry, Thank you, Mr. Chairman. Today it is this com- mittee’s responsibility to decide how to release the information eon- tained in the independent counsel's report to the public. ‘As we all know, Mr. Chairman, there is a lot of information con- tained in these 36 boxes, but none of us know anything about what is in those boxes. But our job is to put polities aside and decide how to release this information as wisely and as fairly as possible. afesterday Speaker Gingrich and) Minority Member Gephardt sd that. todays hearing ‘would deal only with how to release the information, ‘They agreed that questions about which special hontis ‘to give the Judiciary Committee would be decided next week. Tam sad to say, and I hope it has been corrected, that the early draft resolution that I saw violated that resolution. ‘The CHAIRMAN. If the gentleman would yield, your recommenda- tion was followed, and so the word “ancifary” was removed, and most of your concerns were removed, if not all of them. Mr. MoaKLey. Well, we have some other concerns, It brings up the issue of granting witnesses immunity and compiling additional material, as well as depositions, hearings and meetings. Mr. HYDE. We are not asking for that. Mr. Moaxity. Thknow that you are not, but in the original daft it was in there, Mr, Hype. Well, itis not anymore, That will be a separate rule next weel ‘Mr, MOAKLEY. All right. ‘Today's hearing, and as Mr. Hyde corrected, is only to learn how to release the information, so I would ash my colleagues to honor that agreement and stay within that question af how to release the "Rhere are ways to make the report public, and today we will har other varying procedures on how to release this confidential infor- mation that none of us have even seen yet. Regardless of whether you think we should release it all at once or bit by bit, I would ask as a matter of fairness that the Presi- dent’s counsel be given a chance to review the materials before they are released to the public. Last fall this Congress passed an et may recall, getting the standards for considering ethics charges against Members of Congress. That package allowed congressional people accused of ethics violations to hear the allegations and to See the evidence 10 days before they are made public. I think itis nly fair that we allow President Clinton the same opportunity that we would give ourselves. Ona related issue, when the committee meets again next week on what authorities should be given to the Judiciary Committee, 1 believe we should look very, very closely to the Watergate hearings ‘a model, The impeachment authority is contained in Article 1, reform package, as you 6 Section 2 of our Constitution, It states that the House of Rep- resentatives shall have the sole power of impeachment. As Demo- cratic Leader Gephardt said, next tg declaring war, this may be the ‘most important thing that we do. There are certain precedents and Procedures that must be followed, and we should begin this process Slowly and soberly ‘So { commend my Chairman and my good friend Gerald Solomon for his measured comments, and I urge my colleagues to set aside their personal opinions and earry out the responsit set forth in the Constitution as carefully as possible. We swore that we would uphold that Constitution, and today we have a grave respon sibility, 0 let us proceed reasonably, and let us proceed fairly. ‘Thank you, Mr. Chairman, ‘The GHainMAN. Thank you, Mr. Moakley. ‘The CHAIRMAN. On the question of the President receiving the 445 pages 48 hours before Members of Congress receive it, as you. fons in your own party. The dean of the House, John Dingell, believes that all of the information, not just the 445 pages, should be made public immediately at the same time it would be given to the President and to you and me. “Nir. Moakizy. Mr. Chairman, 1 hope you fellow Mr. Dingolls ad- vice on this like you do on everything else around here. ‘The CHAIRMAN. Because of that, the information will be made available to the public and to the President at the same time. ‘You were talking about 445 pages. You are not talking about 2,000 pages of appendices. You are not talking about 17 boxes. The ident will get that information at the same time we do, And with a battery of lawyers, I'am sure that I could go, through those 445 pages within a period of a very few hours. By the time this is disseminated to the press I think as Larry Walsh, the independent counsel in the Iran-Contra affair, said on CNN a few minutes ago, they already know what is in thé 445 pages, and they will have a response and be able to review it in a short period. low I yield to the Vice Chairman of the committee for any state ‘ment he might have. STATEMENT OF HON. DAVID DREIER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. DReIeR. Thank you very much. Let me congratulate you on your statement and the statement of Mr. Moakley and to say that there are a number of things that have been indicated already that Think: do bear repeating. ‘As the Chairman said, we are moving into uncharted water. We have never gotten to this point on a situation quite like this, and this is truly a grave day and a very solemn time for the House of Representatives, thairman Hyde made it clear that we are not approaching this with a great deal of enthusiasm or glee. This is a challenge, and Mr, Moakley said, it is our constitutional duty to do this ponsibly. as possible. T would also like to say that there has been a tremendous level, of bipartisanship. It has really been a nonpartisan approach. I have heard from many, many Democrats who have been insisting that they don’t want to face this next weekend without having this in- 7 formation as they go home, So both Democrats and Republicans alike are desirous of having this information out and many people who have contacted my office and have called in on the different Tews programs have indicated that release of as much information sibly is the proper way to go. ‘the same time we Go want to protect investigations in other areag that may be moving ahead, and we do not want to hurt any- ‘ne by the release of doctments, So I think that the 445-page re- Sort, coming forward and being made available online tomorrow ould be the best approach to take Bo think we are doing this as fairly as possible and in as non- partisan a way as possible, and 1am hoping that we will be able fo get this resolved sooner father than later. Thank you very much, Mr, Chairman, "The CHAIRMAN. Thank you. STATEMENT OF HON. TONY HALL, A REPRESENTATIVE IN, ‘CONGRESS FROM THE STATE OF O10 ‘The CHATRMAN. The gentleman from Ohio, Mr. Hall. Mr. HALL. Thank you. Today the Rules Commitige begins a proc- ess to examine grounds for impeaching the President. It is a som- ber moment in sur history, and as Members of the Congress, we are being asked to sit in judgment of the President of the United States, his is.a time when sve must set aside partisan concerns ur ations mst be fai, deliberate and inthe best interests ofthe T urge members of the committee and of the House to be open- minded and to weigh all information objectively. Also, we must pro- ceed with sensitivity to the President and hie family. As a man who fins served in our Nation's highest office, the President deserves the respect, ‘impeachment is an extraordinary and painful process for our Na- tion, and we need to take each step with great caution to ensure that all of our actions are necessary and justified for the good of the Nation. Tn conclusion, the time will come for us to consider the legal questions we are sworn to answer, and this legal process should Work itself out. However, we as a Congress and as a Nation should ot rush to judgment. We need 19 review the evidence carefully and thoroughly while remembering that we ourselves are not without faults. Thank you. Paupaneo Staten oF HON. TonY P, HALL, & REPRRSENTATIVE IN CONGRESS PROM Pht STATE OP OMIO process to examine grounds for impeaching Sur history ‘Congress, we are being asked ta sit in judgement of the President of the United Staves, This e's tine whch we must net aalde partisan conceraa. Ou Actions must be fit, delberae, and in te beat interests of the Americay people: gree nebory of ble cmeaice and ot the House to be tpem-minded wa ho, we must ‘rositivity to the President and hia family. As a man wh hia served br nations highest of, the Presiden deserves that reppet. sperchinent tx an exirnordinery u0d painful process for our nation” We need to take och step with great caution to ensure that all of eur aclions are necessary td justified for the good ofthe nation. a ‘The time will come for ws to consider the loge questions we are sworn to answer ‘Thin procoae will and should wor fel out Hever we as.4 Crngress and fu a ation ahauld not rush to judgement, Wo need ta review the evidence carefully und thoroughly while remembering that we (urslven are not without fouls ‘The CHAIRMAN. I thank the gentleman, and now we will yield to the gentleman from Sanibel, Florida, Mr. Goss. STATEMENT OF HON. PORTER GOSS, A REPRESENTATIVE IN ‘CONGRESS FROM THE STATE OF FLORIDA. Mr, Goss. Thank you very much, Mr. Chairman, I would We to ciate myself with your remarks and Mr. Dreier's remarks, I think they are right on target, along with the sober advice that we have just received from Mr. Hall in a representative Torm of government, itis very important to remember the people we represent, and I have no problem remem- Eering the people tnat I represent in the past few days beeause our ofane is ingng of he Hook "the git of what Lam hearing, and 1 want to share this with Mr. Hyde and Mr" Conyers very much, is that as much as ean be made (lie without damage t innocent bystanders or_damage to any Rirher actions that your commtse might take or feel necessary ¢2 take should be made available to the pubic. Tame from the Sunghine State, We tnd doing the b public's a pretty darn good ides, and at least I have alway’ Ee achore "that, and Pam sure thas you do as wel, Yam sone winced that we sefve the country well when the people know wat Wevare doing and I think that we nec! to make sure that people wraare doing, and Tdhink thet wg need to maka ee that, people publics right to know. It fe not just an interest I think iis right Fithis rater whichis of such seriousness. ‘Thank you, Me. Chairman, The CHamay: Thank you. ‘The CuatmwaN. Now the gentlelady from Rochester, New York. STATEMENT OF HON. LOUISE SLAUGHTER, A REPRESENTA. TIVE IN CONGRESS FROM THE STATE OF NEW YORK Ms, SLavGHTER. Thank you. Receiving the report. from the independent counsel is the first step in an impeachment inquiry which we approach very solemnly. he House of Representatives is charged, under the Constitation with examining these allegations against the President as pre- tented by the independent counsel. We will determine whether the evidence from the independent counsel meets the constitutional im- peachment standard of “treason, bribery or other high crimes and Misdemeanors.” It is our obligation to examine these allegations in a fair and unbiased manner. In my 12 years here in the House, we have had votes for war, and now we consider the impeachment of a President. Very few Members who have served in this House have been confronted with either of these responsibilities. I face this duty most solemnly. T am completely aware of the obligation that I have to represent the peo- ple who sent me here, to the best of my ability, in accordance with the trust that they invested in me 9 We also have an obligation to the people of the United States to undertake this task carefully and judiciously. Our system of gov- ernment is based upon the will of the people. Ultimately an im- peachment conviction overturns that will as expressed in the last election. We begin the process in the Rules Committee with the ac- gaptance of the report. Our resolution will sat the parameters of how this investigation will be conducted. It is my hope that the agreement that has been made in good faith between the Speaker of the House and the Minority Leader will be reflected in this reso- Tution, We need to protect the rights of citizens against the release of confidential grand jury testimony which could cause them ridi- ‘eule, embarrassment and shame. Targe this committee and the full House to act solely on the evi- dence and with no thought of partisan advantage. This is far too serious for that. We owe no less to the people that we represent and to the President that they elected. ‘Thank you, Mr. Chairman. ‘The CHAIRMAN, Next let me speak on behalf of the gentlelady from Rochester, New York, when I recognize the next Member who is from a new’ economic hub in America, a place called Atlanta, Georgia. "They have been stesling jobs from New York State, but we have a great Governor in New York today called George Pataki, whois beginning to steal them back. But I would recognize John STATEMENT OF HON. JOHN LINDER, A REPRESENTATIVE IN, ‘CONGRESS FROM THE STATE OF GEORGIA Me. Livosn, We are delighted to have the jobs, Mr. Chaieman Mr. Chairman, Congress has a right and a dolern responsibility to investigate the executive branch and investigate criminal cont luce "The ules Committee is here today to pass a resolution to ule fill'the oversight obligation from the Constitation we took an oath to defend hier Justice Warren stated that “the power of Congress to con- duct investigations Ts inherent in the egsative proces "het ower 1s bread.” Supreme Court Justice John Harlan obrerved in 4886that “the scoe ofthe. power sling, im short i a8 pene: trating and far-reaching as the potential power to enact and appro- viate’ under the Conslitation. More recently James ‘Hamilton, fatergate committee. counsel, argued in his book, ‘The Power to Probe, that Gangrene overnight funetan "ie imps nour th parlte system of government, because without it Congress cannot Drapery meee ngking sn erming responsibil eave an oversnt responsi that supported ty the Congo, public law and House rfe, an this ops an indispensable part of the system of checks and balances be: tween the Legislative and the Executive. ‘Serius charges have been made against this President and this administrations Not one of us wants to be here talking about per- jury, suborning perjury or obstructing justi, but its our constitu- Hanal duty torlook ito the charges. By ceding our oversight re- 0 watch over the government, the Committee on Itules ry Member of the House would be abdicating one of our most important obligations charged to us by our Founding Fathers 10 We are carrying out our duties as the representative branch of gov- ernment to insure that the executive branch does not use the great, Powers at its disposal to undermine justice “The Supreme Court warned in Watkins v. United States in 1957 that it clearly recognized “the dangers to effective and honest eon- duct of government if the Legislature's power to probe corruption in the executive branch is unduly hampered.” T will end by quoting the late Senator Sam Ervin, Chairman of the Watergate Committee, who stated that “the Constitution and the statutes give Congress a solemn duty to oversee the activities of the executive branch. All branches of government must fully ap- preciate the oversight fiantion isa vita ol for keeping the Nation @. Iti a shield against creeping executive imperialism. Congress also has the duty and the right to publicize its ndings on corrup- fon and maladministration. Indeed, fulfilling its responsibility to inform the public about the state ‘of the government. is one of Congress's most significant functions.” Under our sworn duty. to protect the Constitution, itis our obligation to move forward with: Sut partisanship and with a resclution that allows Congress to get, tp the truth This avery-sad ty, butt i a duty, and we must ‘Thank you, Mr. Chairman. (The prepared statement is as follows:] uw Statement of the Honorable John Linder House Committee on Rules ‘September 10, 1998 ‘Mr. Chaieman. Congress has «right and solemn responsibility to avesgate the exeeuine branch and investigate criminal conduct. The Rules Commit sheet pss 3 resoltion ‘ofall the oversight ohligaton from the Consition we took an oath 0 defend (Chief Justice Esri Waren stated thatthe power of Congres 0 condet investigations is inherent inthe leislatve process. That power is broad” Supreme Court Justice John Haslan obsered i 1989 tha the scope ofthe power of inguin shoe. is as penetating {ang fareaching 4 the potential poser to enact and appropriate under the Consiton “More recemiy. James Hamlion. Watergate Comminee Counsel argued im his book “The Power To Probe.” that Congress constitutional oversight function “implicit in our parte system of government. for without Congres cannot properly meet is ae ‘aking and informing responsi" We have an oversight responsiblity tht i supponed by the Constnsion. public ls. and House rules ~ and this oversight responnibiity i an indispensable pact of the system of checks and balances between the legisiature andthe executive ‘Serious charges have been made aginst this President and this Administration, Not one of swans 10 be here talking about peury.suboring perun. and obstruction of justice. Burts our Consituional dry. By ceding ou oversight responsibility to watch ove the {goverment the Commitee on Rules ~ and every member of the Howse ~ would be Sbdteatng one ofthe most wmporant obligations charged ous by out Founding Fathers We are caring out our duis asthe representative branch of our goverment 1 ensure that he executive branch doesnot ue the great powers ati disposal te undermine justice The Supreme Cour swarmed in Watkins vs United States in 1957 chat clearly recognized the dangers effective and honest conduct ofthe government ifthe legislatures power to probe conuptin inthe executive branch unduly hampered {wil end by quoting the Inte Senior Sam Ervin, Chairman of the Watergate Commitee who stated thatthe Consnaton and te ates give Congress a solemn duty to oversee the acuvies of he executive branch. All ranches of goverament ms fll appreciate {hatte oversight Rnetion i ital iol for Keeping the nation fee Tes 2 sie against ‘creeping executive imperialism... Congres also has the duty andthe right to publicize its findings on corruption and maladminisetion. Indeed ailing ts responsiblity 1 form the public abou the sate of government is one of Congress's most significant funcions Under our som duy 19 protect the Consttion, it is our obligation to move forward, without partisanship or prejudice with a resolution hallows Congress t et theuth 2 ‘The CHAIRMAN. The gentleman from Miami, Florida, Mr. Diaz~ Balart. STATEMENT OF HON. LINCOLN DIAZ-BALART, A REPRESENTA TTIVE IN CONGRESS FROM THE STATE OF FLORIDA Mr. DiazBAtart, Thank you, Mr. Chairman, ‘The founders of this extrabrdinary eonsticational republic created a ajatem of government Which ie Ge reaiont ae eve protective of the rights of the American people i am proud of the manner in which this Congress has conducted itself" the time period since the receipt of this report pursuant ta stats from the Yndapendent oun. And am proud, Me Ghairman, of the way in which this resolution has been framed in envultation with the Judielary Committe, the leadership of this House, and both partios representing the American people im this House, this resshicion and the one next week that we will vote on and submit to the full House for its consideration that are meant guarantee fairness for all involved in tne process, protece the ef the American people begin to lea ie fact inthe a fer, and to protet the right of dus and deliberative process forthe Président and ail other eitizens who may be affected by these ver Solemn proceedings that we are, in effec, today authoring. Than you. ‘The CHAIRMAN:Thank you. And now let me yield to the gen- tleman from Grand Junetion, Colorado. STATEMENT OF HON. SCOTT MCINNIS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF COLORADO ‘Mr. McINNIS. I have a feeling of excitement today, and that is because we are witnessing the system that is working. This system by 88 process by sts own design, allows for the kindof problem or challenge that we face. It allows for us to have a hearing such as this, that is open to the public so everyone can watch, and it allows that we can have a distinguished committee which deals with this from both parties. It allows us, in my opinion, to have one of the most distinguished gentleman not only in the Congress, but in the history of the Congress, Mr. Hyde, as the presiding officer. Tecan remember when I first came here, Mr. Hyde, I stood in awe when you walked by. I couldn't believe I was a Congressman like you were a Congressman. "And T think also the important thing to remember that is re- freshing is that we have an opportunity for the Ranking Member, viho ig also a very distinguished gentleman, te guide us through this, But while everybody talks, and respectfully’ so and properly 50, about the seriousness of the matter, we should all be refreshed that this system is working, that our Gountry is not on the verge collapse While we are talking today, you ean turn on the TV and see what is happening in Russia. The’ economy is on the verge of collapse. en we Teach a crisis in this country, we approach it in a fai bipartisan manner, and for that this Constitution deserves a com: pliment, Thank you, Mr. Chairman, 13 ‘The CHAIRMAN.Thank you. Let me yield to the gentleman from Pasco, Washington, Mr. Hastings. STATEMENT OF HON. DOC HASTINGS, A REPRESENTATIVE IN "CONGRESS FROM THE STATE OF WASHINGTON Mr. Hasrincs. Thank you, Mr, Chairman. Unlike my friend from Colorado, 1 am not sure I am elated to be here. T can say when T first ran for this office, T would never have pictured myself in this Brady having to tie up this Sos. But nevertheless, we are here, ‘we have to fulfil our duties. just want to make one point because it has been said—it hasn't been said here, fortunately, but I have heard some of my colleagues and media say that we aré entering a time of constitutional crisis want to disagree with that very strongly. I would suggest that the potential erists may be a ersi in governance, It may be a potential Erisis in the confidence ofthe people that sent us here but i is not f constitutional erisis, and it is for that reason that as I serve in this body, 1 am continually in awe of how smart our Founding Fo- thers were because they have laid out a clearcut procedure for us to deal with these issues when they come up in order to prevent a eanaticational eis _— fe do nol know where this is going to lead, obviously. It is going to be very, very dfcut for all of us, and 1 know that the Chair: man and Ranking Member of the Judiciary Committee will do the best that they can do.as the Constitution has laid out. ‘With that, Mr. Chairman, while I wish that I were not here tak- ing this up, we do have that duty, and I will do my best to fulfill zy obligations under the Constitution, "The CHAIRMAN. T thank the gentleman from Washington, and now I yield to the gentlelady from Charlotte, North Carolina, Mrs. Myrick. STATEMENT OF HON. SUE MYRICK, A REPRESENTATIVE IN ‘CONGRESS FROM THE STATE OF NORTH CAROLINA Mrs, Mynicx. Thank you, Mr. Chairman, I want to congratulate you and Chairmam Hyde and Mz. Conyers for your fa ‘and bipart- Yan treatment of this issue. No one has to be reminded that this is'a solemn duty, and T would like to astociate myself with your Homarks regarding the decorum of Congress and encourage every Bedy to keep that'in mind as to how we need to conduct ourselves inthis golem time in our history. ‘The CHAIRMAN, Thank you T thank our rst panel for waiting, It was necessary to lay out the parameters of the debate for cur Rules Committee. You have heard the esteem for which we hold the two of you. We ean recall Back in the mid-1970s when your predecessor, Mr. Hyde, was a man named Peter Rodino, an autstanding Member from New Jer- Seq an il an outstanding iadividua were was a Ranking Member, a Republican at the time, Con- seman Hutchinson from Michigan, and there was a man tamed familton Fish. He was my neighbor. He was a Republican. You all served with hin, and he was a marvelous individual, He strikes me fs being similar to the two of you, being fair at all times, and we miss hen dearly, He is no longer with us, as you know. But he Mu voted for articles of impeachment against his own party, the Presi- dent of his party, and 1 know that this is extremely difficult for ali fan and we with you Godspeed and courage in earying out your utes, Having said that, let me now recognize the very distinguished gentgman from Iii, Mr. Henry Hyde, for whatver remarks he fray have. STATEMENT OF HON. HENRY J. HYDE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS Mr. Hybe. Thank you so much, Mr. Chairman, Mr. Conyers and are prepared to yield more timé. You have said so many wonder- ful things that we ought to quit while we are ahead. I appreciate your extraordinary generosity. Thank you very muci Thave a prepared statement that I would like to deliver, at least ® part oft, but before — the CHAIRMAN, Without objection the entire statement will ap- pear in the record. Mr. Hype, Thank you Before I do that, I would like to cut to the chase on one issue that seems to be in contention. Let me say that Mr. Conyers and Tare not only working in a bipartisan, nonpartisan way, but we are working with collegiality. We both understand the solemnity, the gravity, the seriousness of this endeavor, this mountain climb that, we are beginning. And we understand if we do it well, the House of Representatives will be enriched and strengthened, and our country will be proud of this institution. If we don't doit well, if we fall into partisan bickering, we will disgrace this inst and we are not about to do that, God willing. So Mr. Conyers Tare getting along very well, and we are going to make every effort to continue to do that. 'Now, as to the one issue that there is some concern about, we are guided by the letter sent to the Speaker and Mr. Gephardt by the independent counsel dated September 9. One of the lines in the letter says, “many of the supporting materials contain information of @ personal nature that I respectfully urge the House to treat as eonfidential” Now, the package sent over from the independent counsel is a re ferral. It is one three-ring binder of 445 pages consisting of an in- troduction, 25 pages; a narrative, 280 pages; and a statement of grounds or charges, 140 pages. That is the document that we pro- ose upon adoption of this resolution to disseminate to the public and to the world, ‘Also sent over were appendices. Those are six three-ring binders of 2,600 pages, which contain information on the Paula Jones ease, telephone logs and other material. We are informed that that is, part of what the independent counsel is referring to as matters of a personal nature that he respectfully urged us to treat as con- fidential. In addition, there is another element called “everything else. ‘That consists of grand jury transerpts, audiotapes and videotap So the appendices and everything else requires some sensitivity in dealing with. 5 Now, Mr. Conyers and I are mindfal that people's reputations are at'risk here, We think fe appropriate and decent that we go Efroagh the mater included tn the appendices and everything tae ie winnow out iulevanciesr materia that docs not relate te cae Ena at te natn perl. Whe rovigee of the bulk, the complexity, any of that, But itis our pro- Dosal and se as-the’ proposal of tis resolution fo immediately” get petite the public the incrodustion, the narrative and the grounds, that's 445 pages, and then give as some time. Sa hay genefouly gee ws 2 mock to feview hin other mate ial The bids 0 release tal, The urge fs to release tall, but tinal of peopl epaationy, we pray fo the exit to"gve thr time to feview ity inventory it and winnow out matters that we ‘ink are more harniful than Pelpf "We would like the trust ofthe body to trust Mr. Conyors and my- self and our stats to-do the right thing. We are, not withholding Snything tom anybody: that goes to the grand issue, the macro tae hfe but wer are trying © dot inva decent, responsible way. ‘Now, how is that review proposed to take place? Mr. Conyers and 1 dhoughe and stil think hat it would be more expeditious if he nd 1 had that responsiblity and were permitted to designate some oF aur eth wh, by avin the labor am doth fury uickly, mae che venir and make recomendations tous We Den re ort back to you flke and fel you what we found and what we pro- Bote tor again with our bias not only our bias, but our directive Bovlerthis wale to disseminate everything to the people, But try to protect innocent people, Now, there se foniroversy, Other members of the committee want todo that, too, They want access Irs very hard for Mr. Cone Jers and ine to 'tll'a member of the Judiciary Commitee thet we Ber going wo look tt and you can't but itis an effort of practical ity to try to limit the circle of people so that privacy ay be pre Lazved'T can tive with either system, but I do prefer, and Mr. Jers and I both ngree, to limit access to these things inasmuch as Yewre mamdatole diver tom ray. We wil tive hem to peopl, but we want ve try and provect innocent reputations, Feats the wll of this committee, if that ts the wil of the House, fine, If itis not, and you wane the whole commitice to do that that fs okay too. Tenn tive with that, but T just want to onvrecord as say that Mir. Conyers and I'preferéo have e small, fit group de thie quick inventory and winnow it out Now, Ghat sagd if sou wil indulge me, I'do have a few things torsayand I wil iy 2 be brief “The GramMan. Poke as much time as you want Mr. Hivos. ‘Thank you. As we all know, this begins a process of imense consequence, a process that our Constitution thrusts on he'Hlouse of Representatives. The solemn duty confronting us re- ries that. we attain a here level of bipartisanship and we con- Tact cur deliberations in fal, fair and an impartial manner. This may prave to be a loty challenge, but. believe the gravity of our response wil overwhelm opty parranhie that infect intend to work closely and have been working closely with my Democratic colleagues ‘on the committee, and partiewlarly” the 16 Ranking Member Mr. Conyers. I want to commend everyone for pursuing this matter in such a professional and nonpartisan man- Fer, and T want to mention Mr. Gephardt. We have had two mest- ings with him. He has been conciliatory and helpful, as has the Speaker. And I think one good aspect of this otherwise dreary pros- pect has been the understanding of the need for us to work to- Sether, and s0 far, so good. ‘The American people deserve a competent, independent and bi- partisan review of the independent counsel's referral. They have to have confidence. We must be credible. Polities should be checked at the door, party afliaton secondary, and Americas fature must be- come our only concern. T will not. participate in a political witch hunt. If the evidence does. not justify a full impeachment, investigation, I won't ree- ‘ommend one to the House. However, if the evidence does justify an inquiry, 1 will unhesitatingly recommend a further inquiry. But in exercising this responsibility, our committee will not take at face value the assertions or conclusions of any particular party. It is not the responsibility of the independent counsel under the statute to declare this impeachable or that impeachable. He is to report to us activities, actions, elements that may be impeachable, and we will make that decision, We understand that. We will undertake a full, fair, independent review of the evi- dence, and we will arrive at’our own conclusions. In any impeach- ment proceeding, the House does not determine the guilt or inno: cence of the subject, We function like a grand jury. We determine whether there is suificient evidence to charge an executive branch officer with high crimes and misdemeanors. Thus, the Senate must ‘try that official on those charges. We have not reached that point, ‘and no one should jump to eonelusions or assume the worst. ‘At this stage we don't know what information the independent ounsel has sent o the House, but given the gravity to this itua- tion we must act, now. The Rules Committee must ead, and I eer- tainly appreciate your willingness to address this task expedi- tiously. Our first challenge is to ensure that the American people are given what is rightly theirs, information, if there is any, that may constitute grounds for impeachment of their duly elected President while ensuring that the House's constitutional duty to conduct a full, fair and independent review is not jeopardized. fr. Chairman, I agree with the considered judgment of Speaker ich and Minority Leader Gephardt that the full House should authorize the immediate release to the public of the introduction, the narrative and the statement or rationale of the grounds. Thi initial release, insofar as practicable, would not include raw evi dentiary material which might contain information about uals unrelated to this investigation. ‘The resolution should grant to the Committee on the Judiciary the authority to release this latter material, if release is warranted, after the committee has had a chance to review this material Because of the importance of the material, the resolution should contain a presumption of release and a date certain for the Judici- ary Committee to report its findings and plans for ultimate release. 7 ‘This referral belongs to the American people. They have a right to know its contents. They have patiently. waited as rumors. and on have substituted for fact and information. Ie is time we ove this process ahead, and the public release of the referral will further eit goal 7 ‘al trench airman, we are not yet beginning a full impeachment in- quiry, but T want to take a moment to address the issue of im- Beactiment. Constitutional scholars disagree as to. what.an_im- Peachable offense is, but there are some principles we should keep fr'tnind. eter Rodino, when he was Chairman of the Judiciary Commitee daring the Nison ingiry, and Mr. Conyers was prvi jeged to serve on that committee, another great argument against tel limits; | might say parenthetically, had a review of the con stitutional impeachment authority, and had a very good staff of lawyers do a fine review of it, and’ have attached that as an ap- pendix to my statement, and so T will not read it now. "he Chatter. Without objection that will appear inthe resord (The information follows:] CONSTITUTIONAL GROUNDS FOR PRESIDENTIAL IMPEACHMENT REPORT BY THE STAFF OF THE IMPEACHMENT INQUIRY COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES NINETY-THIRD CONGRESS SECOND SESSION W FEBRUARY 1074 9 COMMITTEE ON THE JUDICIARY EDWARD BOTCHINEON, uieigne Bow EDwanba Cantera OkonaRE DAMIELAON,ctemie — TRENT-LOTE Mitt ROBERT F_DRINAX.Sacucnerts HAROLD PROEMLICH, wiaonate nantes b nant Rew Fore anvos 1 woonmmad, users Rinnana Sonban, fee Soha) MARLEE pre Sor 20 Foreword 1am pea to mak rule a coportrgrting hn ot, tinal gone for prsatalInprchna prpared fo th a of the Committee on the Judiciary By th legal iad’ ita impeachment inquiry. ia understood that the views and conclusions contained in the imps ane neat de ol ncemly ro hw of th com ® Ey WA) ‘Penex W. Boome, Jt. Fremnvany 29, 1074, E peach ‘Engl Periamentary Practica. 3 The Intention of the Framers 1. The Purpoee ofthe ny 2 ‘Adoption of “high Crimes a ‘meanory™ a ape Or ieee aes F Dinos dade fae Pre 4. District Judge James H. Peck (1830-1! 6. Daawic jude West H. ‘Humphreys (1862) BES ih es henner t Boaridean rire ioe Beery Willan We He, as lin Ha indie Hobart W Acchbad (1013-1 ‘fe Ti Erg (i e dence 3 argegsssssaene & eB s 22 IL. Introduction Bie, Conmitation duals with th abject of td co eto ats plas of the power inset out in Article Sten 2: Pl mope Power cle I, ‘alsa lst al bo removed tr Os on npexchanent for, and Conviction of, Trewson, Bribery, ot dar igh ‘Crimes and Misdemeanors. sae Other provisions deal with procedures and consequences, Article I, Section 9 ates , "The House of Representative... shall have the sole Power of Impeachment Similarly, Article I, Section 3, describes the Senate's role: ‘Tho Senate shall have th ale Power to try all Impetch- menta, When ating for that Purponm, they sill be ot Oath cr Afismation. When the President of the United Stats is tried, the Chief Justin eal! preside: And no Person shall be convicted without the Condurrence of two thirds of the Membars present ‘Th same mction limite the consquenoes of judgment in cates of impeach ent ‘Judgment in Cases of Impeachment shall not extend fur- ‘thar than to removal from Office, and disqualification to hold snigy any Ofc of honor, Tras or Prost under the Unived Stata” bot the Party convicted shall nevertheless be Iiable and subject to Indictment, Trial, Jodgment and Pun. ishment, scording to Law. Of lesoer significance, although mentioning the subject, are: Arti- cle I, Section: ‘The President... shall have Power to grant Reprieves and Pardons for Offences against the United States, except in ‘Canes of Impeachment. Article IIT, Section 2 ‘The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury. Betore November 15, 1973 a number of Resolutions calling for the impeachment of President Richard Bf, Nixon had been introduced in ‘the Foouse of Representatives, and had been referred by the Speaker ‘of the House, Hon. Carl Albert, to the Committee on the Judiciary for consideration, investigation’ and report. On November 15, af ticipating the magnitude of the Committee's task, the House voted o 23 tanec he Commies ay ga emi wea gta he tee of Reprint ys rte ot ie a ant osetaes Meceenanine eta eg sean a angel ohh gl erangn enor te Hse ergeairee acaey tn peel ar i pera eee os aaa aa cody pin he than (a Hh Hw er side he Thor te orp of mang tack veignin rig cota fo eae by mre or eres ‘eur and stimon of ny emp te preon a ea ee gt Se ee ee ae Used Sas pease rarest cae oe Cea th he How of epee rote frei th pos ey a npn a Prien, Some 1 a bal Arervening ot The ‘Staff, at the of the Judi sien he be of ipa mpeehen re e crn gen Toe rr Sia fn rts Fea (erates Gabe re age ee focal Umachen Aa te frente PO bee aneer Ns Rat ar tos Cone pec eter me eres aren paren ha emreel aaeerl. Thee ae cuuetin tie i eile plmat ul aren eae Tere ries tectum of anti gu Sma Ce ra rom afd ast op prey er othe Comat Sel, hg He dt ok eas Serio hpi Sie be the ec Te rene ‘eaehat ised here doesnot ref vigment of the facts Poe eee aetna er dn ot fl ny preteen of th et sername a a Harteroeteri lee eee ar fgets ele rp a wee een tae persed ert ie reer pc ae annie whether earner chore Sd ganar ne es sree fr eran et, De ia te orca nace he pd Eee te Ret amrerajen fei a fa gen ae plan ota poe i Bae an en oe oe ferme lly ee a Comin fo ince alg te ease ei i a gine ei for he Hoe of epee nae Heer tombe Pantin ee ee Peak raat epee te eal Understandably, litle attention or Wooght has been wl the predentin ispenchoent proves duane te 4 3 Members firmly committed to the need for a strong presidency tha’ healhy tears bets of sor govenmene he ees Representatives acted out of 1 clear senso of constitutional duty to resolve issues of a kind that more familiar constitutional proceaves are tunable to resolve, " o_attiat the Committe in working toward that rection, thie ‘memorandum. rr history, purpose and meaning constitutional phrase, Bribery, of other high Crimes and ‘Misdemeanors! 25 IL The Historical Origins of Impeachment Tha Canton rol tah radre sal bred cretion rie a te Been tals ere from Bon ache fr and Canin of Fra, er, aries ah Caesars Mee ee ec faite are pines nerd they de he prion inp uasiig of gum eens anon a oid he she ad ean mel Sel ea cmc ar irl yer a cir They oped ied ns Se eT cnn ithe rs of chon mi itr, under which impeachment ‘8 part of ‘he dperionn conn: ise linet iene er of hi oat ion ny a ihe Ameren ecm ncaa ae ie ba ape ore fr, eng an aerate ot ann of orn ee Sea A. Tree Bouin Panuoeetany Practice lexander Hamilton wrote, in No. 65 of The Federaliat, that Great Rritain hind served as “the model from which [impeachment] has leon borrowed.” Accordingly, its history in England is useful to an tnderstanding of the purpose and ecope of impeachment in the Binted tatee rarlinment Rave been fervor Tench, impenchment, at Tear in fa early his Thre. he been enlist “the mest powerful expan inthe poliial arm- ture. chore of cil wars" Teplaped a continuing role inthe struggles fen Rine and Parliament that resulted in the formation of the tienen Eneton emotion In ts respect impeachment wes one af the tots ie by the Enalish Parliament to create more responsive Sud respmnaible government and to redrem imbalances when they accurred® ‘Tiong strugele hy Parliament to asert legal restraints over the cunbretied wil ofthe Ring wltimately reached welimex with te exeea- Non of Charles in 1649 and the establishment ofthe Commonesith Under Oliver Crommell, In the courge of that struggle, Parliament Soke ta exert rearainte over the Ring by removing those of is inlters eho mont efecively advanced the Ring's sbsolatist pur coed Toa. sre” reredned te Frencctos, Repel Mlstertat rue Orveth of reese Grverament te teert eglend 26 5 Chiet among them was Thomas Wentworth, Ear! of Straford, Phe: House of Commons impeached him in 1640. As with earlier [shen th Crag of th change nan damage oth sata The rt article of impeachment alleged = That ho... hath triterously endeavored to subvert the Fundamental Lares and Goverment of the Realms and in end thereof, to introduce Arbitrary and Tyrannical Gov- ernment against Law. ‘The other articles aguinet Strafford included charges ranging from ihe negation that he hed named regu! power and exercied i tyra Deally the cherge thet he hnd subverted the rights of Parliament Crarateri posers re cd in dnl cs to reach offen, a perceived by Perlinaent, against eter: Trnment Te chusgey rariovaly denominaeel “treason? hight ex fon," “miedemeanoey" “malyersations;” and “high Crimea and Mie. lemeanora” thus included slegations of miscondoct as various ax the Kings (or their ministers) were ingenious in devising Means of ex- Paling opal power “Ae the Une’ of the Constitatontl Convention the phrase “high Cees and Minteeanara had ben nfo oer 9 ya fpachinent prosedine in Peliement« Te fiw wppenro 1386 [mperchment of the Ring's Chancellor, Michael cele Pol, Berl of ELRGIEY Sime of the clatgr iy here tnvoled common lew Fenowa® Others plenly did tou: deh Pole wan charged it break {promise he wade 10 the fll Perino to axecce Tn connec sie pecumentary ordinance the save of © commie of nine inde PafadingthInprovemert of i ein of he Ring anh realm! his nde ot Seve, and it ns the fet of imma was arhie ocee le ws‘tno charged wih failing to expen tine Putamen hed dreted be id to unsom the town of Chany fetus of whch “the std own was ot” 2 6 ‘The phram dors not repeat in impeachment we ithe yer articles of Tnpenchnen ue Wl “ Date at Safi (a docendan ot Michel tcao hgh reson at abo th hg frat ineating such eavsun fone eecdriing he Kings past risen pesto ert petgna tothe Rider des tactan of te lan practi cs for porta sho eee td north of tem? and “euandaring way tho poe a Tipeachment wae wie femuanty during the rego of Sama 1 (1608-1625) and Charles TGs teaay" Period from Jeo ieee 18) imran py rae Ue Hou ot Commons’ Some of these impeschmenta ch ‘reeson, the gon of Straford: overs urged high cece and miodemeant ‘The Intter included both statutory offenses, with respect. {othe Crown monopolies, ond non-eatatory ofensm For example Sit Homey Pelertons the Kings Atorney Geoerh way tspadhed In 1621 Of high crimes and misdemennors in thet he failed to prosecute ‘Mfc commencing sults and exercned authority before t waa properly Seated in him: ‘There were no impeachments during the Commonwealth (1048- 1680). Following the end of the Commonwealth and the Restoration ‘of Charles Tt {1080-1688 « more powerful Parliament expanded Ssmerhat the scope of "high Crimes tnd Misdemeanors” by unpench Ing oor the Crom for gun things w eglignnt dockage of ies "and impropeietie in offs "The phrase “high Crimes and Misdemeanors” appears in neatly all of the omparatieely few impenchments that ocetered in the eht- Srath century. Alan of the charges involved abuse of oficial power For example, Fdward: Earl of Oxford, was charged in 1701 ination of his duty and trast” in that, while « member of the ivy connect. he took advantage of the ready access he had to ing to secure various royal rents and revenues for his own use, therehy greatly diminishing the revenues of the crown and subject ting the people of England to"grievovs taxea” Oxford as alo charged wrth procuring & naval commission for William Kiddy “known to be Tipeeton of il fame and reputation,* and ordering him "to paras fhe tended ora ay one hopes af beg presale ng thereto encsuraged through hopes of Nihfetation nd internat of Oxford, in violation ofthe lw of naliont, Ind the interruption and discouragement of the trade of England." 28 7 The ingest of Wary Hating te tempted n 160 and contd ABs hare tne tet i and corn eee mega feng Scneligtat Pine mace thee aoe mene dencind ete aie an a rgtlandan hs age ate roneae Oe He bin ore fo th 0 yrs ng pesimetary oc vere a ero oral Raa eet ete aeradaa's; Mibeaeeipee gmat a ae etree ees ar, ay Saget mht ele betrayal of trust.” Second, the phrase “high Crimes and - forth atl cde atlas ee oemnatnn anana Z me aty ae ree ns eeu sean Saher B. Te Dereerion or re Fruscens tio inp Can mtn Thom meant ath Coil Corin in Pa aay Regi en rae es toe ig get berpene om ange ey Ser yo gt i Gory tem eee el yo ace he at Mat ced cl me ne somo iano ce een a aa ee cere ieee fr echt of he Pei epee ee Gti ete, Soest Heber cae id come a ater Ge ade was pa a ee a ee Rn par ietere eeerrd a a cnt i rane fen shiv ee er mre iectees ct a a peor eaee Fie greene 20s Increment y rece este tert 108 29 8 shows that the framers intended impeachment to be a constitutional fsefeguard of the public trust, the powers of government conferred "upon the President and other civil oficers, and the division of powers ‘ainong the legislative, judicial and executive departments 1. TRE FURFORE OF THE IncPRACHEENT nEacEDT Among the wealmesses of the Articles of Confederation apparent to the delegates to the Constitutional Convention wan tt they provided for a purely legislative form of government whom ministers were aub- servient to Congrem. One ofthe frst decisions of the delegates wan that their new plan should include 1 soparate executive, judiciary, and legislature.” However, the framers sought to avoid the creation of & tao-porerful executive, Tho Revolution bad been fought against the tyranny of « King and bia council, and the framers sought te build in ‘safeguards agains executive abuse and usurpation of power. They ex- Dlicly rejected plural executive, despite argumente that they were Ereating'the fortus of monarchy,” because a single person would give the moat responsiblity to theofe.* For the same reavon, they rejected Dropoanls for a council of sdvice or privy counel to une executive The provision for a single execut defended the to the tate ating conventions an proton agaist ‘executive tyranny and wrongdol ander. Hamilton. ms osgearetully rsconedergutent ik Federalist No. 10,on of te we cot Federalist Papers. prepared to advocate the ratifation of th Gonattution by the State of New York. Hamilton erticized both plural executive and a council because they tend “to conceal faults End destroy responsibility.” A plural executive, he wrote, deprives the people of *the two greatest securities they can have forthe faithful dey Tara a 30 ® sr of ty pte pone” haposbi ae spy gate roe tdi ee ann a ee tas cae Spry oUt 0 i a ere coc SE call toga sen ecient a Eat na ae lk Samaiion wich ce net ih ile aca nk aaa eso te St isa ert gd gemma te Ct Heseai Meen 8, Se, ey oe a Aas re ep ele sO ley ae teeter Ge aay Sra ee een eneee ug se nd Dee Tc ‘Supreme Court, at under the proposed Constitution the President “ia of a very different nature from a monarch. Hl is tobe. . personally reponri- blo for any hon of the grat trast repose in hin. In the ae con- ‘ention, Willa #, Dain, who bad bon nega i Fulah ‘explained that the “predominant principle” on whi vention Ball provided for Rage exerutivo was ihe more sbviows repens bility of one person.” When there waa but one man, auld Davie, “the public were never at a loos” to fix the blame.” Wt, nthe Peonrlvaria convention, dewritd themcaity fumiahed by single executive as one of its/“very important ad- The exetve pores test red we tt no Fresident;"be cance act iuproperiy, and bide either eo untestion; bhatt ape ay pe ton the eight of hia erminalty; no appointment can tks Pics without hin nomination: and bei eons for eve mination be maken. AGd to al As Wilen's watement muggesta the impeachability of tho Presi- dent was considered to bo at fperant element of hia rexpoosbilty octane tke Rice SF Bile tho Uompneet te ore 31 10 Impenchment ind been inched in the proposals before the Const ional Convention from its bezinning™\ speeiBe provision, making the executive removable from office on imperchment and conviction for “malpractice or neglect of duty,” was Unanimously adopted even Uveforn it was decided thnt the executive would be a single person"? ‘The only major debate on the desirability of impeachment occurred shen it was moved that the provision for impeachment be dropped, *nyotion tint was defented by a tote of eight ates to two." ‘Onto the agurenta made anne the impeach ofthe exe “would periodically be tried for hie behavior by 1d “ought to be mibject to no intermediate trial by npeachment."* Another was that the exeentive enuld “do no enim tial act without Condjutors (amsietantal ‘who may be punished Without his subordinates, it wan amerted, the executive “ean do noth- ing of consequence,” and they would “be amenable by impeachment to the publie Justice." sn by @ nas latter Argument was ma wreneur Morris of Penneyl- ho abendoned it daring the course ofthe deb The executive ahonld be impeachable.™ Refore Morria change position, however, George ‘Mason had replied to hia entlier Argument: Shall any man be above justicet Above all shall that man re Tk, who can commit. the most extensive injustice When great crimes tere committed he was for punishing the principal as well as the Coadjutors. Tames Madison of Virginia argued in favor of impeachment stating that some provision was “indispensible” to defend the community wt “the incapacity, negligence or perfidy of the chief Magistrate. With'n single executive, Madivon argued, unlike a legislature whose enllective nature provided wecarity, "loss of eapscity or corruption ‘wnt more within the compase of probable events, and either of them might be fatal to the Hepublie™=* Benjamin Franklin supported be 32 u where it was not impeachment 28 “favorable to. the exccutive himself obnoxious,” ‘valable and the chief magistrate bad “vende tecours as had to amaniantion, The Constitution should provide for {he rogular punishment of the Executiva when his misoonduct should Gecorve it and for hie honorable acquiteal when be should be unjualy accused” ‘Edmund Randolph aio defended “the propriety of Impeachmenta": ‘The Executive will hve great opportanitys of abusing hie power; particulary in tine of wat whea the miltary fore, End in sore reepeca the public money wil bein his bande! Shoal ae lon bn povided wl to irepulaciy afte Utama @inarPetona* The one argument made by te opponent of impeachment to meh ada eon man ade ving te dite me tate eee ‘oad bog dgendenc onto lg Sntro=tha ng Chcles Pinckney Stevia iy Sant enn eect eoy hi indpendonen ectire and by tha ean fetal ma ‘earls all Geel Secs ry peer the oe sling the sxestve troubled Tae Catenion ut clung days. Troophont ts dlbcrtonnon wage tard exctre tibet etn tt fag Rowover, te Conveation nee on ‘dered ite early decision to make the executive removable through {be proce of ipenchect™ 2. apormox oF mon crass ao saRomRAon” Bray and latin the Conentin, th rer adr hn gt tion how to dewrbe the {or impeachment consent wit Intnl fncan hey Gide ely afi eg of th Prien lection was xtledin'& way thet did not mele him (in the wor of ‘Sezaes Wileon) “the Minion ofthe Senate”™ “The draft of the Constitution then before the Convention provided for his remoral epou in tod conviction for “tran oF ‘bribery. George Moon objected that these grounds were to limited is the provision restrained to Treason & bribery only! Trin te flood nig Cotton vil st nl may tered the Brith Constitation are forbidden, im the more ‘eteaary to extend: the power of mpeachments* Mason then moved to wd the word “maladminisrstion” tothe other fe gourd Madina nu ie nn of Mason's Home rato of Virginia * ‘When damea Madison objected that “so vague & term will be cea sa 33 2 quivalent toa tenure during pleamure of the Senete,” Mason withdrew Snaindmigitraon” and sbauated “high crimes and misdemeanors agat the State” which was adopted eight sates to threeapperenly with no tureher debate" "That the framers were familie with English parliamentary im- wT the ame ere fants wth aglohpuelanetr ip Migs, Governor-Genetal of Indi, for high crimes and misdemeanors tris voted just a fom weeka before tbe befinsing af the Condtationsl Convention and George Maron referred fo it te debwien™ Ham ton, in the Federalat Wo. 65, efecred to Great Beftain aa "ehe model froim mhich [impeachment) has tren borrowed.” Furthermore the framers were wel-edvcated en Mang were aso lawyers Of Sse, a Ie tbc adindew in Bogan "The Convention had earlier Yemonsrated ita familiarity with the term ‘high misiemesson” "A draft constitution bed red igh demeanot” in fs provision forthe extradition of ofendera {tom ata to another ® The Convention, apparently unanimoanly struck ‘igh blmennos And smred a ce in decom, head all proper cama: beng doubtfal whether "high mindemeahor Id notatecknieal meaning toe United” = The otal meatng® arn! to ate psanesicy wo of Zece of Engbind a work ceed by tetgaies in clot porous ot ae of work cited by delegates n oter porione Convention's deliberations and which Madison later dereribed (in the Virginia raliying convention) an."s book which, ia in every man's fands"_neleded Shigh misdemeanors” tn one term for postive of. ferme “agninst the king nd goveranent.” The ° high misdemeanor, according Bl of tuch high oficers, as are in public trust and employment,” esually punished Gy the method of parliamentary impeschment.” “High Crimes and Misdemeanors” has traditionally been considared ‘term of art," like such other constitutional phrases as “levying war” 1d. “due process." The Supreme Court has eld that euch phrases ‘must be construed, not according to modern usage, but according fo what the farmers meant when they adopted them.” Chief Justice Marahall wrote of another much phirnse et crn anuags th erate. 34 13 1.4 fechnitrm, 1igs n vny ol atte of that country whose language ious Iniguages and whose la form te sdbtratom of ost nwa, Le earcely concern Sheer was not employe the cry fo oh tation in the sense. which n azed to it by those {rom whom we borrowed it" 2. GROUNDS FOR IMCPEACHSCENT eee to it a8 “vague,” and Mason's substitution of “high crimes and misde- toler egal nny oan ot hing a sere Si tay cmp tn Pda Srinath ar heaea hemes idee roe ferent oc sisi ren nr. rn ie eee te fecal eae resin eames en in ot ew ord ere a Engin mo es ca ee ee Reppusitng eminent cin “e the yf ch rennet cameron eee of imeem Snimperun emma seine Serie uemeta omen ec oe ee te fn ohh od fm hier ai matin meron econ eee ras oe Reyes chy wth a Exearaccemint Sache ; Se an eet tahoe sr get a he ‘usurpation or abuse of power or serious breach of trust. Thus, Charles. Saree sameeren ces rer Pact cae ed tno ra meget lp regs ans pen Rec Ea ean rine ates eta ie ree oy ween ilar fs Serle eee emorrtiena Seer Eames [net Freie ght tre maentn acn ted ie Hone i te rpine res ocm an Sieh en reed oy nar ee ar ee eee Aah poten ad che he omens nea ee at Fact Pederelat Mo, 05 at 429-26 (Modern Libeary 8.) (A. Ramton) Compbante 2 35 “ shelter him, the Hone of Representatives can impetch him; they enn remove him if found guilty. ” Pe 1 reply Co the suggestion thatthe President could summon the Sen ators oniya fon testo ratify a treaty Stadison sd, Were the President to commit any thing 9 atrocious... lc would be impeached nd convicted, aaa majority of the states would be fected by his midemesnor Fannin Randotph refered tothe checks upon the Freident 1t has too often happened that powers delegnted for the pres of promoting the happines oft coohoanity hae nt perverted to the advancement of the peroonal emolu- nents ofthe agona of the people; but the powers of ch Pret dent aretoo well guarded and checked to warrant thiailiberal sspeesion™ Randolph also aserted, howerer, that impeachment would not reach trrors of judgment "No man evar thought of impeaching a man for Srropinion.{c mond be impossible to dicorer mhether the error in ‘pinron reulted from a wifal mistake ofthe heart or an involuntary Phi the hed “Ines Tredell made a. similar distinction aivention, and on the bass of this principle {natnneess in which the President broad be i Mould ie'where he had reenived a bribe, or had acted from some cor Tvl motive or others"* Dut he went on to argue thatthe Breadent st certainly te punihale forgiving fal information o The Senate, Fe fe to regalate aff interoouree, with foreign foment iis hit Gutta impart tothe Senate every mate FaT intelligence he receive Tf it should appear thet he hes fot given them fall information, but baa coBcraled important Ineligence which be ought to have communicated and by {int vans induced them to enter into tenses injurious (0 thei'country, and which they mould not have consented to hud ‘the true sata of things Ben dioelowed to them-—in thie ‘ase. Tack whether, upon impeachment for e mindemeanor pon such an eccouhtthe Senate would probably favor him. Inslortthe framers who discumed impeachroent inthe stata ratity- Jone. ns tell as other deleguts who favored the Consite- ‘iat I reached offenses agen the government and sea NR 36 15 opel abuses of constitatonl due. The opponent did nota EE the’ rods. for impenchment had been limited to ermal Aa ettuaive Sonam of thn spe of tin impiashnent prest cated in te floum of Reprosnaties nthe Fee Seaton of ae Hie Coaprat Hoe hen Bes debating he hie stake prion to emore tbe head of an exetiedepartnestappoited Wy him with SRosE od no fe Soe oe Sh aly opel te pola, urged Primaiy by Janos badly that ts Geruttution Peed the Bove exclave) in the Preident The de Seaton in tho House soppor tthe iow tt tbe, ers ‘mended the impeachment power to rach fila ofthe Pretdent © dichatge the eaponaltit of hace’ Talon argued during the deat thatthe President would be eb- eats tore eastan emote of wostoion oer also soatonded tha tha per ofthe Present tara re hove mera rs “ably prea eee il male him in & peculiar manner, for [the] conduct” of executive officers. It would, Madison ‘mide vibe hints imperil bo pets ih ipl Bagh econ or tines wpa The Uied Suto dgls to vopoilond er soe tsto check ther excuses Elbridge Gury of Mammchuetis, who ad al ben framer be had opposed the ratifeation of the Constitution, oh Maken? Potontione abst te tapocantilty of ie Prevoee Be ted pote impel fer dmunlag 2 at ery mad ‘ashe woud be doing an ext whch ie Engines tar pepicsl {8 arctlon Kee thutd ne oe ld Specter te of esbordinaio scr who were tnemeve ihc ts inpeaimnt thd hould ber thetr wn reponsbiign* “Anetier fame, Abrisal Baldwis of Georgia, whe mpportal alley ponte’ on tin ports rwners saleetnctan ofS of aon ration c,h, overt ree iri woke of the executive, If, said Glavin, the President “in » fit of passion” malls to chee: gained mcsmore the conmgacace ride at male te ited news a Be Pretend tm olen dot de mat on te te reald peach hand ten hm ont of oe dono thera ho suffers them to per- SSP tater thas a aaa ee eat Se eee erie un er Pawar. SFG sie rear Ronettes eee a na : BaePhee Jee cna & aca espn rete meget Men Jey coud handed ape pian! or cin, sso an he ora rane of mara e Depe Seta as murat athe cet rom nha mins Ca te rly go rng foreach ‘kept ed a pay beg recht cie Fee eer ties of Helo copa for ranma meal ret ease ig de nihil] Soe Soe hae aarti ete Eee sous ees ile pes ia i oe Seiten Sa ates = ue Sif Se pte Rana roe fh ics of tga tres a prvied ye ide dred be See es of Fumo Sone acre nian nee fet pal het ot Jhment maid: “The doctrine of impeachments is of high import inthe oon- stitatons offre tutes On one hand the meet powerfal nag istraten should be amenable to the jaw: on the her band, clevated characters should not be mctifoed merely on account ff thelr elevation, No one should be secure whe he violates {he onstitution and the lawsevery one should be secure while Ieolmerves them: From the comments of the framers and their contemporatien, the remark of the delegates to the wate ratifying conventions, and the removal power debate in the Fire Congress apparen atthe ‘of impeachment was not tjewed nerromly. Tt wan intended pProvidoacheckon the Presiden chrough impeachment but not to make Miivdependent on the unbridled will ofthe Congress Impeachment, as Justice Jomph Story wrotein his Commentaries on the Constitution in 1833, applies to offenses of “a political character”: Not but that crimes of «strictly Joga charactar fall within the snpe of the power «1 but that it has & more enlarged eration and rac wat are apy, tard pola of ries growing owt of personal miseondoct or grom neglect, or seipaton ov abu reac of the poi ner, in the discharge of the duties of Political oie. These are 99 ‘arious in their character, and oo indeGnable in ther actal nals tt tale ingot provide ear ioally for them by pontive lew. They nowt be examined upon tery broad and coeprehensive principls of pablic policy and aie 9 ee a =a eS 38 w toms snd negotiations of foreign ts well a3 domestic, movementas and in short, Ty grat varia of creamer ‘ces, aa well those which aggravate as thoee which extenuate or jh the eta a nih doo proper ‘belong to the judicial charscter in the ordinary adm ‘of jus Salt are far removed from the ach of manip Jae prudence ©. Tam Asersca Taereacenecnrr Cuses ‘gen rin pn te en oie ese er gt me eral judges In ts ation ttnes there have been numerous none Tankers and ona fe Ho ot the ng vi dang to input cris nek yor. pinta acceso hike heaea sally ot a hare lar of pro ie mereesioe ieee game On ihe othe hand thon the ‘has voted to imy ‘Sficer, a ranjority of the Members necumarily have condo lleed soeiuted oe impeachment «Does TIT, Section 4 of the Constitution, which states that Bebievio the Mery crea, the interpretation sco re rt ht aun, Whichever sew akon he ju intends confuse wit the oad postion of the oer SRB re te ent nt 39 18 “This conduct falls into three broad categorien: (1) exceeding the con tational bounds of the powers of the fe in deogetion of the Tone of anther branch 3 prernment 2) bearing in « miner onsly incompatible mith the proper function and purpose of the ‘fice; and (3) employing the power ofthe ofice for anFimproper pur pow or for persona a [ANOTHER BRANCH OP COVERNMENT the first American impeachment, of Senator William Blount in 107. ‘on allegations thet Blount attempted to incite the Cherokee Indians to attack the Spanish wettlers of Floridn in order to capture the territory for the British. Blount h engaging in « conspiracy to compromias the neutral- ited States, in disregard of the constitutional provisions for conduct of foreign affairs. He was also charged, in effect, with ‘attempting to oust the President's lawful appointes aa principal agent for Indian afairs and replace him Tival, thereby intruding. "upon the President's mnervision of the executive branct "The impeachment of President Andrew Johnson in 1868 also rested ‘on allegations that he had exceeded the power of his office and had faite reapct the preroratives of Congr. The Johnion impeach: iment grew out of a bitter partisan struggle over the implementation ‘of Reconstruction in the South following the Civil War, Johneon was ‘chareed with violation of the Tenure of Office Act, which purported to take away the President's authority to remove members of bi cabinet and specifically provided that violation would be « “high mi Aemennor,” ae well. as a crime, Relieving the Act unconstitutional, Johnson removed Secretary of War Edwin M. Stanton and was Pa trig edn en ail aeaiing with hr removal of Stanton end te eppointaect of © ermor ‘ithout the advice and consent of the "The fret tices for example, charged that President Johnson, wimindful of the high. duties of this offce, of hin oath of ofice, nnd of the requirement of the Constiation that he Should take care that the laws be faithfully executed, did Snlawfally, and in violation ofthe Constitution and laws of {he United States, order in writing the removal of Wawin M, Stanton from the office of Secretary for the Department of To more articles mere adopted by the House the following dy, Cie Ten clged chat Jobunoo,“tnminafal ofthe hgh dats af Mikes nd the igniy and proprieiesCerefs" hed made infer: iory perches tint aiompod to dial" and he Par heel Bieen cabged him with attempt prevent the Tieton, D.C. Cereund.obt@ 40 19 execution ofthe Tenure of Ofc Act an Army ions ac, and 1" Recontractin act dxigaed by “er the more, ofcent government of the tebe! Staten” On ies face, this article involved Hatsory vito, uti an rfid the sherying chang to of Joknoon's post-war policies ‘The removal of Stacton was more catalyst for the impeachment thane fundamental caaoe™ The ims bethean, th Prexdent and Congress was which of them should have the, contitationsl—and itniutely even’ the military power to make and enioren, Reon fraction polly in the, South, he Johnoon impeachment, Hike the Bata of great ministers involved iues of eae tothe heer ofthe comtitatioel division of executive and legislative power. 12 BERAYING 1H A MAMCHER OROGELY TFOOMPATIOLE WETHE THE PROPER YYORGHION AND PURFONE OF THOR OFFICE Judge John Pickering was impeached in 1908, largely for intorie- tion on the bunch!" Thies of the articles alleged errors in « tral in ‘lation of hie tras and duty a0'« judgo; the fourth hat Pickering, tang sma of loom moral and temperate haben” peared on Sh bench ding Geta in ae of tal intonation and hed sed profane language. Sorenty-three years later another fides, Mark Delabey, was impeached for intoxication both on and Cf Bh bench at reigned ufre articles of ingeachret. wee "2 imilarconcara with conduct incompatible wth ho proper exer ict dia fic tops nt cine of te oe sn eeSlon of hich ae reo eat ant unjt cking Prosar a : Tangrange appeared in articles relating tothe tral of» V ‘Silt angong pee i ea ie a oN sion popes Dae end, Sed, Aon anand ie of an cessing gat hn ce : so oe a ; erat ec SSS re iret oft saa dic 4 20 to judge impartially and to reflect on his ccinpetence to continue to ctercis the ofice ee ‘Fudge West If. Humphreys was impeached in 1802 on charges that he Jone the Confedereyhowt resigning hi federal jsp Jodicinl prejudice against Union supporters was also alleged “Judicial favoritiam and failure to give impartial consideration to cases before him were also among the sllegetions in the impeachment of Judge George W. Eagtah in 1926. The final article charged that His favoritiom had created, diet of the disinteremedness of his oficial nctions and destroyed public confidence in his court (ON PEmsONaL. O41 Two types of offcial conduct for improper purpotes have been alleged in'pare impeachmenta The frst type involves vindictive ose Of their ode by federal judges; the second, the use of ofice for per: ey ee een cone, foes Pet oe npn a ee for srg ih spans «era whe hd pac, cocand ove of Be dese. iperras Nand erring te armen 38 meh The Hie Soiedihrns ie se eee cee Boda atr se ioe nthe esa SB eee eee ee eee cee sn nics om of pase cee wy eens te dere i eaten Sir ig oi GOED ithe i 1 among thr ing Ta eg eae Papers prptngs celia tonal snd i meng al fei eur i horn ao rage tem, Stem ihe er imprehnt of ge Cats Srna) ale bey ma de fr ET aa the w of of for vorane ul ore meets ae lle te of oo freeze ope Ren eevee ey hee cn of Nac Wiha, Belknepre inp gh reese Fey comae a ay cng ii orld et th cbc fr OND mare a, Sg ial ane ae ery ‘en ce posit Fe ae uae Cnc Sear 108), Raber W anes etgmns of aden Cnsk Se" 8 ean Asie (ie) Gog asia ee ere (eg re eps atagy Pn See eatin eT ie ne FP tape ‘echiaa tal Rie ome aang lem f are a a In drawing up atic of impeachment, the Hous has paced litle smh on i nal cond = than cotaiss ot the eighty three ee kompgeyipeee peepee a Sane ee eer ee rey eee ete ‘Rvotving Se Tenure? Oakes Act x the ingontanen of Bre eee ee Sr Bresten, ‘Ridivetyathon The Hows as nt sere ek Ee hace ee EUG arian aetinal la oen whe the conden egal yan ee pein More, gage of ca eer ough may ren epi ec a ton lions aaa rohan carn Becidea Andeos Tot to Ccnnginsanlry pach), nd oma arg *Fifack more sunt is tke etd tre alegutions tht the offcer ee ee Sani tay oper se a haste rae edgy ght fie oat oe adil es at ‘rticles allege that he acted “unmindtul of the high duties of his office ee tional duty take care thatthe lawsbe faithfully executed. eset arte at impsettest hoveer, is signifcane han ostoreof the lisgnions toe conta: All ba Sey ay dae tmnt es scion bce achat egicy eal opm om el ene ‘have combined disparate Elia In the eatly i ‘after impeachent had been voted hat the decision toi ‘mas tions viewed as « whole, rather Senta, o nificant than what they sai Sel in she performance of his aes. "Two tendencien dhould be avoi Envotved judges The excond a fe edly snd ogni into frit the astare of fhe remedy. Tet inlended 0 ecahpets ar not precedents tobe rad with an ae for en ional identical to allegations that may be currently Sie? Sncleaion, Tae hunericn impescent cas gumensrde Sosiorey ten cofal in determining whether groans for pessh- Bane eee Set The gross at dace from endersanding the ature, functions and Sue ofthe efice 43 IU. The Criminality Issue ‘The phrase “high Crime ora” may connote “erimi- nlite" to some, This likely i he predicate for some ofthe contentions that only an indictable crime ean constitute impeachable conduct. ‘Other advocates of an indictable-offense requirement would eetablish ‘eriminel standard of impeachable conduct teeaum that stander it definite, can be known in tdvance and reflects a contemporary Tegal few of what conduct should be punished. A requirement of cri 17 would require resort to familiar eriminal lnws and coneapla 10 Sere an aandgrae in the impeachnent Rrogen, Fortarpory thie ‘ould pose problems concerning te applicability of ean 00 {nd the lie pertaining to the thal oferimen ® ‘The central issue raised by these concerns is whether requ reali tome ea te or areata mn erp ee rmenol ova or merase Porat Bay mony anata Panag soo Tited States Constitution. impeachment is » coostitationsl remedy. ‘Tie framers intended that the fpeachment langoage they employed Tould reflect the grave miscondod that so injures or abuaes our con- “ituional otituttons and form of government ato jurtifyimpeach- ment, This view is supported by the historical evidence of the conti; OF the words "high Crimes and. Misdemeanors” es thet the phrase “igh od of centuries evolved monet condace—ha «oer ariel merging diferent from the ordinary messing of the terms Neots and misdemeanors" “High miademeanors™ referred fo ® “4 23 cieqory of fens that sobveriad the eitem of government. Since fourteenth century the phrase “high Crimes and Misdemeanors” ih bean ued fn Engish ippeschmelt cag to charge ols wih ride range of criminal und non-cimign! ofencesaguinat the ist ‘als sa aarp of Engh erent ‘There is evidence that the framers were aware of this special, non- egimdnal meting ofthe phram vhigh Crimea and Msdmenoor in the English law of i fot only did Hamilton scknow!- ‘edge Great Britain asthe model from which (impeachment) has been borromd,? bat Maoon refered in the debaton to the chment of Warren See ‘Pending before Parliament. Indeed, Mason, who Brepoeed phrsot “high Grimes and Mode meanors,” expressly stated his intent to encompass “[a]ttempta to subvert the Constitution.”* The published records of the state ratifying conventions do not reveal an intantion to limit the grounds of impeachment to criminal ‘ffnsea® James Iredell aid in the North Carolina debutes on rtiicn- tion cg Pp one fr Sata a Tapeap it eet ina Shae cacti Sh Sen Ppa able by that law.” fi Le towing Dore Meola of {ohold ob rom conten for If [the President] deviates from his duty, be is responsible, ighh santa scathing he ohh nana scat boom ort gun eke a ft tere a a we Etmhatledt comeon ee ss ‘The post-convention statements sade posoaimtin teens - ‘Constitutional Convention—show they Tegal ‘impeachment. Seetenal Goer Sa ed rae! meme sean reins see de ges ene See sree op mh hn en enon oo Ser nl fegerai tay pec p's Sa sce fan Panay ok domed wn ey scence Cp con on eros ree te ery orf ae cel inn 2 ee inertial rp tc ne ae rvitng of Alexander Han jipant in i than "The American experience with impeachment, which in summarized above, reflects the =e ‘hat impenchable conduct need not be 4 criminal, OF the thicteen imponchments voted by the House. since Tile om ined one or mor allegation ht didnot charge 2 viointion of eriminal In. impeachment and the criminal law serve fundamentally diferent purprmes. Trapeachment a the frst step in_a remedial process re: Inoval from ofie and dsqualcation from holding future fice. The purpose of Impeachment is not personal punistanent; Sts functions primarily to maintain constitutional government. Far. thermore, the Constitution itmlf- provides thet impeachment no trbuttute for the ordinery proces of criminal lew since io ibetimpacrert dos oman the ice om cra iy for bis wrengoing’= ‘The gener appleby of the eiminl lam lo maken ii fas the teandard for x proces applicable tou highly spe: clon much as remorni of'n President. The erivinal Inyo til must fotiow- Te dora not adrea REI to the abuses of presidential power, In tn impeachment pro Crotng Braden ialed to account fr sbosing powers Cat Oniva President pommaen ‘Sther characteraten of the criminal law make criminality ing propriate as an essentil element of impeschable. conduct.’ Wht There tact "may bce, the tradonal ora of xia Inv: it prohibitory” Impeacheble conduct, on the other hand, msy inci the serio failure to discharge the afirmative duties impowed ‘nthe President bythe Constitstion: Unlike «criminal eas, the cause for the removal of « President may be based on his entire course of net in ofc. In particular atoations; ie may be a cauree of con- ‘iver more than individual acta that haa a tendency to rubver const {tional government. ‘Torconfine imperchable conduct to indictable offenes may well Int sun aaidurd 90 restrictive as not to each condoet that might iverely affect the sytem of government. Some of the mort grievent ‘ffeneea against our consitational form of gorerament may net ental “tolarioneof the criminal law. zs ki i 46 25 “fesiminait intoba the se lament of impatchable conduct, what is the standard of criminal conduct to be! Init to ba criminally ax Kren tothe common law, or an dvined from the Federal Crinsaal yor trom an aralge of State criminal sacutet If one stom, te'Stte eaten the ich of ton ofthe Sate ino otant TE the present Federal Criminal Code is to be the standard, then which otek prosons are to apply! It thor tobe now Feder Jegiaation £9 ddan th rial stander, then presumably both he Sega and the Presiden wl take prt in xing tat andar. How tanto be ‘ecole wioat icone pe cmt! proving that Ye sola’ porer” of inpeechmet is verad in Ue lowe of mettre remot of erminaity woud be icampatible with he intent of the framers to provide « mechanism broad enough to maintain the Stegrty of contstiona gorrament. inpenhrin int cont Sond! ety valve; fai is function usw Beibe enough tape ml exigencies not new foresae Congrean has ere ae tated doce inpethubl fermen ne exit cd en eect ing bribery which especialy sdenied inte Contato a Hues aphasia Ean for cd fers groraliy was soacted over mresty. ve en ‘her the Conmitutional Conveation Traum to Limit impeach conduc o criminal ofosn woud bo incompatible ith the evidence cncrning the cotton! ening the porpow that ube fata intend for penchonnt. Stas and pe tha intended for tae a federal eriinal laws are not writin in order fo preserve the nation sine cious abun of the praidetial ofc: But thn the puree he conatioe!proviion for ie impesimert oft Present and Ghat parpon gives ring to “high Crt und Minimecnore”™ 47 IV. Conclusion Trpeachent in ontiton] ed addr’ tomo offre eaysem of government. The parpos of impeachment undet he Constitution is indicated by the ited scope ofthe remedy (re: moval from ofice and possible dimealifcation from futur oes) tnd Uy the nated grouns for impeschment (treaon, bribery and olber gh les all misdeeangr) ie ae otoling wher te the Sibert "criminal, Mare important, tey"Sr contol trronga thet mibrert the tractare of gorerament, or undermine the Integhity of ofice and even the Constitaion iuwif, and thon are “high tenses inthe senso that word wea used in English ope "The framers of our Constitution consciously adopted « particular phrase from the English practice to help. define the consitoionel rounds for removsl, The content of the phrase “high Crimes and Mts Emeanors” for the framers is to be related to what the framers knew, ‘on the whole about the English practice the brosd sweep of English Constitutions! history and the vital role impeachment had played in {he limitation of roval prerogative and the control of abvees of minis: terial and judicial power. Tmpescliment, was not a remote subject for the framers. Even a3 they labored in Philadelphia, the impetchment trial of Warren Hast- Ingd. Gigvernor-General of India. was pending in London. w fact to twhich Georze Mason made explicit reference inthe Convention. What- ‘yer may be said onthe mersta of Hastines conduct the charges against {iim exemplified the central axpect of impeachmeat—the perliamen- tary effort to rench grave abuses of goveramental power. "Fae framers nnderstood quite clearly that the conaitational system they were creating: must include some ullimate check on the conduct ifthe executives Particularly as they came to reject the Sug Plural executive, While insistent that balance between the executire Tha legiretive branches be maintained so thatthe executive would not incon the erentire af the Iepisature,diumesble atts will the fram- Cio alco recouniced that some means would be needed to desl with ex SBas bp the executive. Imperchment, was familiar to them. Ther Gmterstgod its ercentinl constitutional functions and. perceived ita lapeatitty to the American contest. ‘Phils it'may be artued that some articles of imperchment have charged conduct that constituted erime and thug Chat criminality isan Tnsredient, or that some have charged conduct that wes not andthe fat criminal not ene ct reap {het in the Enalish practice and in several of rican impeach ‘rents thecrignnelity issue ee not rejaed at all The emphasis hea been In the snifcant efects of the condyet—undermining the integrity offen derarfcostutonl dati nd otha of aromgn Of power, abuse of the governmental Process adverse imptct on th Sjakem of government. Clearly, these effects can be brought sbout in eo 48 a ways not anticipated by the criminal law, Criminal standards and rnc mee sat onc nial ac fox Prschinet wae amen tocope wi i Sf criminal mandards and the impotence of sourta to deal with the cena gat pier: 1 Poul bo svomaloe if te Hamers [ing tard erin acaton from he inpeechent rome Limited sete removal and possible dinualifeation from oft, intended {ere the grind fr ipa to cond on as crmina longing for preci eriirin is undersandebie edrancey precio definition of sbjgcttve limita would seeaingly serve both to dleet fir fare conduct snd to inhibit arbitrary reaction to past conduct. Tn pr ‘ule affairs tho objective inthe onvcl of personal behavior, in far trough th ¢ of misbehavior. general, edvance deBni- tion of standards respecting private conduct works reannably well However, where the osu fo presidential compliance withthe Con: ftitationa requirements und liitations ca the Presidency, the erased {actor isnot the intrinsic quality of behavior but the signifcanes of Fie edect upon our consieutonal sya or the functining of out government” is unfl to not three major presidential die of bros sope that are explieitly recited in the Constitution: "to take Gare thatthe Laws te faitully executed," to “faithfully execute the Offce of President af the Una Saten and to prev prot, an defend te Gon Stisation of the United Sates’ to i ‘rect impoed by the Gonaitation; the second and third are int ‘luded in he constfationally precited octh thatthe President i 6 red to tae before he enter upon ihe exeeution offi oBce and sr, Alarafore, also expresly impoma bythe Constitution, ‘The ney to take eae i efirmative. So ia he 1s powers in the abstract. A President must make policy and exercise discretion. This discretion necessarily is broed especially in emergency tuations, but the constitutional duties of a President impose ita: ions on taexercine "The “take care” duty emphasizes the responsibilty of » President forthe oveal conduc of he sreatveHrachy whic te Comer ‘tion yeaa in him alone. He mise take care that the executive i a0 org. nized and operated that this duty is performed. "The duty of a President to "preserve protect. and defend the Con stitution” to the bet of his ability inclades the duty not to abuse his mers or tranogrea their Timits~not to violate the right of eitiens. Krch an thone guaranteed by the Bill of Rights, und no to nt in devo ation of porers vested elmhere by the Const Not all ial misconduct i afiient to conte grounds for i. Therein further requirement -aubetantiaiey. Ta deciding “whether thie Further requirement has been roel the facts ‘mart ba connidered an whole in te context of the office, notin terms ‘of meparate oF inolated events, Becavso impeschment of & President is ‘grave slap for the nation, itis tobe predicated only upon conduct feos imcompatiie ith ether the contctionl fom and prin ples of our government or the proper performance of constituttona ‘dities of the preidential office. 49. 50 Appendixes APPENDIX A Proceroias or rare Coxerrroriowt, Coxverion, 1787 ‘The Convention fr conicerd the question of remoral ofthe cutive on June in Commitee of the Whol in debete ofthe Virgina Finn forthe Coratstion, offered by Edmund Ranh of Virgie tn Bay 2 andes sent relation rovidedsstoa a Netonal Boca be tied os chon by ie Naina Legare fr the term of [] yeursss~ ant tbe ineligible nseond Sie and tat beside» geralauthoity fo execute the Nation! ewe it ought fo enjoy the Exeeutive rights reed a Congres by the Confederation ”* Randoiphs nine refation provided for x uonal odin whose interior trbunals inthe stance aed the supreme tba te Ina ror mould hear and deters (among ce things) mpente Ixnot ay Natracare" (20) ‘On Jane, she Commitee of the Whole debuted, but poetpone the quration nhather ioe eters should fee single pero Te ten Sd Reta fut tat tery ie xen sed nen “SA) inthe soar o a Sis question Gassing Belford of Delaware, oho was strongly opposed io longa term Belidol naan ernie pond seg rat Tin ym commented Cat “an peschment woald rest misfeuanee thal th Ant apt id pot poses the gtientonseaibed to ifr agin" not posers the gualifentione axribed fo iio ald lt tn ater bin pine 1) ‘On, Jane 3 the Committe of the Woe agreed. ght ates oto, Mina igaiatore. (79 re moved te the cect Riimade tmoratle bythe nation! liaison te requct of em [Bey ef Te legates of the salt rs nner. ete “eo place the power of removing some here bt he did ote toe rind af impetchng the gre Serr oft goverment nd winked B"prowria the ale of fhe sates Roger Sherman of Conneteat siggeted thatthe national legiitare shouldbe emporerd fo Te mes eametire at pleases (15), to whieh Geers Man of Fieginsrpled tat [some mode of slepacing an unl onto" warndnpeonbte bath frcnyae of tne fall LC of thom whe ens” id She prapbiy of te men chen” Bu Mason Song Eng Be exetive ‘ike mere cremture of the fagalaare Ristamental prneipe of gov povermesc Sues tot Janes Wilvc &f Fesaoylvanin argued nue Dickests noton becuse woud put sal wate oF LA tage racic Tare aa ees 51 30 eee eee cee tec stato ot eh he enter laren wh id nde nal it ene melt fen he doz fr init tassel ate eps as cone pura ty whe puta aed cebsiceean a ate (Ta) aloo ana raat a eer reat nein cama oe hae ad te a crete el nade nai een 7a (E) ace pati af tage aban of New Carli the Semis ERAS Seta at pte ge exour rxxcorre ‘The Committe then returned to the question whether there should tn n single executive, Edmund Randolph argued for a plurel execu- Ure, pririly because “the permanent temper of the paople was ad. ‘erslta the very semblanon of Monarchy.” (88), {He hed id on June Ly when the question was Grae discomed, that he regarded a nity in te ogecutise as “the foetus of monarchy.” (1:00))- On June te Commies ried debate of beau ith Jae Wik faking the major argument in favor of «single exeeatie, The mo Tora ingle executite wes agreed to, seven states to Unree. (L-97) George as of igiicran ent wn the vole oa ans be returned duting debate on giving the executive velo power over legit- Tice neat fn erguing against the executive's appotntment and eto Wer be commented thet the Contention was eonsttutag "e more engefous monarchy” than the Britah gorerament, van ele soe (Tsto1), He never could agree, ie said "to give op al the righta SP ne Lely tas Single Megisite Lf more tha one had been ed Sn. grebtot powers might have been entrusted to the Executive”; and feed thit dhe attempt to give such powers would have weight later Moan tegument for plural executive, (12102). mens ‘Ga Jane 13, the Committee of the Whole reported ita actions on. Rapclph's propestions to the Convention. (T:26-82) On June 15, Williaa Patterson of New Jersey proposed his plan as en alternative. Patterson's resolution called for a federal executive elected by Con- Eros consisting of an unstated number of persons to verve for an ardesignated tern and to be ineligible for n second term. removable iaoSaketss on application by a majority of the executives of the ftatea oe rajor purpore of the Pateron plan was to preys the ‘Shuslity of sate representation provided inthe Articles of Confedera- Shanasat wasn tissue that i wns rejected, (11:242-48) The Ran- {loiph resolutions called for reprewntation on tbe basis of population feiBi Rouges ofthe logisiature: (1295-30) ‘The Patterson reolation Was debated in the Committee of the Whole on Jane 16, 18, and 19. ‘The Gommitice agreed seven sates to thre, to re-eport Randolph's FroluGons as ameeded, thereby adhering to them in preference to Patterson's (15395) 52. 31 sruzcrion oF THE ExECUTTE (On Jaly 17 th Convention bgan debate on Randal’ int o- rao aa on ra By eSoft Pe consic by the Cont of a) feo . i ‘unani- FT See et era SoS os ma (11:20) The Convention then turned tothe mode of election. [tv Against election by the peoplo instead of the legislature, by Ereraus Mac oat Baveriene oneseteie oe (iE Sy Gee, senear Moria had argued hae the executive wore appoint and 5 Sa a ett cee jgpliteure 1-29), sew which Jemes Wilson Totarsted, a ee TT Lata iene ater eae Sr mocap mare! OF no te ad rss father Martin of Maryland then proposed that the exteutive be chosen by electors appointed by state legislators, which was rejected apa tr egtand on ye igen a Ped a a ‘ren or THe ExecoTTTE ‘Tha Convention voted six states to four to strike the clause making age Bretden inellte fo rlction, Tn rapors of eligi, Gourernear Morrie ‘argued that ineligibility “tended to destroy the {fret motive to good Eshaviour, the hope of being rewarded by ¢ fopgatnent wesaping whim mas hay wi then ane? in (The duation ofthe President's term ras thea considered, A motion to:trike the seven year term and jsert during good behavior” failed bys ot of for ates oe (198) Inn Toure of th Pred {ge James Madison suggests tha the “probable objec ofthis motion i gig gator ie arguen agin rely of he Eee re Magi ding out » tenure during good Behavior na ‘iermatfy for keeping hing independent of the Leglature” (11733) ‘After this vote, ahd vote not'to fire even year. ie ras tnani- os gre to mene te quo a teeter ye (ITS On July 18, the Convention considered the reolution dealing with Sea ering tint tis econ stay depen some degre oh the'mode of trig impeachment of the Executives Hf the judge swore tty the exerative, Mason contended, they surely ouglit not Zppeinted by him, Mason oppowed executive appointments Gourer- ‘eur Morsia who favored it, agreed that it would be improper for the ages oy tn impeach of G ewutre, bot gaat ta as not an argument against their-appointivent erect TH: 'G-Ad) Ulimately* after the Convention divided evenly on 8 53 2 Dye So spent Exes wih ain nd ont (Puy fs eee dd Tre Gay eee Ta co Er esl the mnpuae Egfg,neeae ve nerizcriow oP THEE EXECUTIVE ‘On July 18, the Convention again considered the sligibility of the execttive for reelection, (II 51) The debate on this tamu reintroduced the question ofthe mode of election ofthe executive ad t was uoani ‘ously agreed to reoneider generally the cortitation of the execn live The debate rugeeta the extent Of the delegate” concern about the independence of the executive from the legeluture. Gouverneur Morris, tho favored resigiility, id ‘One ret object of the Executive is to controul the Legis. eure The Lagislature will continually sek to agarandize & saa there and fiz hee rte momenta ‘rar, invasion or convulsion for thet put Wascemry thn the the Exerlre Megas should be ‘of the people, even of the lower clnows, Exgbtetive tyranny. © (1752), -— The ineligibility of the executive for relection, he argued, “wil dey tetra lncieet t mert pole eam Uy fang a the hope of Geing rewarded wath reappointment. Ie wil tempt Rin temate the most of the Short space of time aioted him, to ae- fe for his friends. Te will produce vio- Ate fT ery Cotateton iene fo sear atin Boma Dressing danger an executive wi ‘on dexpite the forme 0 She Gonstation, And: Morris dracribed the impeschability of the xecutive au "e dangerots part ofthe plan. Tt will hold inn in euch pendence that he hill be no check on the Lagalature, will not be & fear grardian of the people and of the public intarest" He will be tie tl of « Faction, of some leading deraegogue in the Lepialature” 3) non a opanyeeedeeat, eving fr te ios een el ee a le pieraehe Scone eae amet Pere ican gator gt Sah tee Tae mor br erat os 2 Sa ico Pee tae tera yo Z ‘ocean i eae Ene came artes ioe pes ars ‘The remarks of pean, sive fovocel ee relationshi be- terol gra pees sorestrer gr enactment hela Ret Sea apne oe i gene fers cra eters yontenrs a fecal ee we oes i SGA eee GY ctl pga, SE APL Gr by suiet ay heal 5 33 “Been momo te atest tna hn at ignite nmneceprnm tet See Rrcars Sear ae ce eos SS ce cepts Ere eh sSiocamine A Sano Eaton) fremerehac a) sroptar te Seta fw 2 eons Se ScSUipe Siete ae ca ‘On Jaly 20, the Convention voted on the number of electors for the first election tad on the apportionment of electors thereafter. (11-63) ACen ern to the prozinon fr reoral of ia eer ‘and conviction for “malpractice or neglect of duty.” After Te was agroed to retain the i ‘Provision, eight states to two: (119) This was the only time during the Convention that the Purpose of impeachment was specifically addressed. aries Pinckney of South Carolina and Gouverneur Morris moved to strike the impeachment clause, Pinckney observing that the execu tive “(ought not to] be impeuchable whilst in offce.” (A number of ‘constitutions then provided for iy ‘of the execut State tic eiioter fe a To bi) samen Wn ok Win Davi of Garolinn argued dente eaetiv shoal be impeachabe mile IN ofc, Davie commenting: TH he be not impetchable whilt in ofc, ho wll spare no ora or means Phateverto et himant resectad Davi called his impeachability while in ofce “an eomntial scuity Porte goo behav ofthe Executive” (11-8) Gourerneur Morey retarating his previous argument, contended tat the execute feta do no chiminal ace thaws Condiutrs ho ay be pith. In a he should be re-let, that wil be eulclent Preet of his innooenos” He lao quexoned whether impeachment ould result in suspension ofthe execs fi id not, “the miseint Willig ons al “the impeachment wil be nearly oquivalent to 8 aplicoment, and will render the Executive dependent on those ho tree impeach (1104-38) “kath debe procerded,howeres, Ggnvecear Morris changed his mind. During the debate, be admitid “coraption & some fw ther Ofenan obs sch tough ob Bot he thong they Shoal be enumerated ane defined. (11768) By th end of te dacs Sonne nan sino tele ofthe nce of pene Webbe Excchive was to continue for any time i ace” He cted ts Portilgy Che te execetie might be bribed by 8 greater inert to betray his trust.” (11:68) While one would think the King of Eng- igor wall conred agninse bribery tine» [he ha at wero fo sen the whole Hinaiom,” yes suid Morris, "Charles Tl wan Oribed Louis XIV. The Executive ought therefore to be impeachtbe for face.” (i, 8) ter cate of gegen ue le Res fected ogee Sha pursed oly by dracon Hed potas aman, but as an aller, only by on from hin often” Biorria concluded’ “This Magiatrats i not the King 55 u sete png a, ply Rig? Heth Seaeieetiee Dis eetaecegs meta ae Sarpiaad egten cuenta Ce ara sieiruoeianeen detteracs amr esa reel etna Shoecmas ender trae iuiomtoneaee oe avemeas panel Suice sat oteartat hoes merited entre a tar Head aie vanes oith rain Heb ay igatiar Sieconwee eras Hensel arr icanaeesanrene ie ae uname ethmateraeat See soon wrmmineh eeu ea Betas rake soe vv pias i es eae ern Sen fetes neem ta Sepia Pieces ee en Spina Ticked keene treme Siar Diels ed weal eae etter she te cea arms ieandrtanal ateaas Sat seace I: 63 1S a re eet sion should be made for defending the Community agst the incapac- {Ep avaligence ot perby of thw hit Maguerte"A limited rm “Fas nots ficient security. He might low his capacity after sppointment: He might pervert his administration into « ebemne lation of oppression. He might betray his trast to foreign powers.” 1; 65-26) It ould not be presumed that all or« major of leg” ae eter aad te Ligclty of acting nose for pape of corr i eoried emery i thir gate Bt nthe abe of the Executive to e ‘one men, ‘low of capacity or corrup- Eon as more iin the cone a0 panne ‘venta, and either of them fatal ie.” (11:68) ‘hares Pinckney roumertod that be didnot oe the necesity of impeachrments and that he waa mire “they ought not to issue from the capa ea tclly der hs indepuntonsefendring Nt Chat tenes cfectallydetroy his ndependenoe" rendering his Ket isonry power i peta tltogether Elbridge Ger for impeachment a8 a deterrent: “A good smageers wil Got Rar thew. A'bed one ough tot inpt in fet of then” He hoped that the mai that the chiet magistrate could do ae rryng outa never adopted bere” (1:48) a Nn re He ei eas Oil, mould Ve tnpeeck 56 35 thie, ut ehat was bets they held thse place during good behavior tnd'[ife i nacemary theefave that forge should bs elie for ‘lng mitehior (8) The tei he eg aasare ad th Sone in parila, would old ites fore ated ery ot at Jeers; che would priodcally be tried for hs taherio by Nnelecars Ter in'nhich he bad discharged te? Like patos tener nein wh incharged ie” Like loisltory, tRergfoe, the Ought to bo subject to no iteredint tra by inpmachinent» CHT: 67) impeachment propor to scare good bntatior a thas ld there offes for fe: W's unnecezary for any ose who i ele fo He ir, “the predate eats Singh 3) i. would be most agreeable to hi” ifthe fice ware ood beheroary snd impeschnert i rrovided an independent and effec- ‘would be appropriate in thi tual forum could be,sdvised.” He should not be impeachable by the legislature, for this “would be destructive of his independence and of the principio of the Constitution” (117) ‘Edmund Handolph agreed tht it waa neceemry to proceed “wich » cautions hand and to efcade “en moch aa possible the infaence of the xgielatare from the business” He favored impeactment, however’ ‘The propriety of impetchments was a favorite principle swith him; Guilt wherever found ought to bo punished, Executive wil have great opportunity of abusing his power; particularly in time of war wien the miltary fore and i ie repeat ahiemony ibe hand Salma Tfeanctad nsarecdenn (Herp TEMAET cad CCharlen Pinckney rejoined that the pomers of the Executive “mould bp 0 circumscribed an to render impeachment unnecessary,” (I1:88) ny tn ren ar how meni gull ens a ets re et Sian iiss cieeincaecte tans i rele arse veieanein etal eraecamie aren renee rat pecs Marlene ae a ae eacaeoktina, aries fe nea aauarhntd Hsien eat i Toe le el rears i eater Perera ene SESE ili dct ee Sesion sletar appointed fy the et egies (Hi reiected, five tates fo az Pinckney’ proporal for election by the logsiature, ‘itn person eligible for more hun six years in any eel (IT 115) “The debate continued on the 26th, and George Muson sugested re- inetituting the original mode of elation and term reported by the Soni of te Whol appoint by re, a oeren- year term, with no reeligibility fora second 18-10) This an the le rm). (TE: 87 35 agreed to, sven states to three, (I1:120) The entire resolution on the ‘Tecative maa then edopted {six sttea to three) aad referred toe tember Committee on Desi to prepares draft Consitation. (11121) pee ree eee eee neces engi Comet gy Detaled Aa cern ee orca cen cece inert (At : ae Lire nae cde Pit tal ars nore a etre fad protest Ngo hl at fn see er Feesheea ye ie Pree shal oer frp icy on nye the ee of siceendleorteee ine) ee errant (Ke eal ean. cohen pati of Supra Cone oem ment OF ciate a Be cg ea son toe began Pa ines or mere (vr i ote Pm eas ee eo pera ta ein oer cent gu of nal ete Sate wh ge ama Ae etn fr cna acme of gg sl ed snp oz fy Oe ad gain weep any eect ane ea ee ERiSLa ainda ct a a HER obi nay eal Fa a een ee ea eee See oye nc art sal ved ig Tg Egret Poe of Uriel Steg hl ott inane erven, Fe Sal Te Frerotte Beale of haan, emer aee Re snc Ha alte ed tlt te ee i tld os Seng een Tia sae ee nae peed wb the Conan ON ene earner ge Aa Oe A ee heel pet fen far Ta tle ra eaten SSIES hate Uru nah weiter fae Corder Arse dealing ih te Eset, mel spre veming te rer ae Fae pont le ak nye foe tas fle, the PSP prone bythe Lager (Ua hen amended Pe fhe Sa lg oven gay Jo hee mah ome ste ee rea) nnd ae a a ea) ofl sty of the member er esi atte tt Tr Geert or rt lcd be ack 58 7 Ce eon et on thane etn a etn eat Mace 1 a tems ‘unanimously amended so thet cate of impeachmeat were exseplad, sry aired Ot of rc nes ido ‘On August 2, the impeachment provision of Article X waa un rmously pestponed atthe iatance of Gouverneur Morris, who thought {ie Supreme Court an improper tribunal. (IT: 421) - proposal to spake fudge removable bythe Eacentire on the application ofthe ‘Sonate end House man rejected, one state to neven. (11450) ‘exmaprmion : “ion aetmpmaceAxoR” On, August 28, the Convention unanimously amended the extradi- ‘ion clause, which referred to any person “charged with treason, felony for high miodemesnor in any State, who shall flee from justice” to strike Rlgh misdemeanor” and inbert “other crime” ‘The change ‘was made Sin order to comprehend all proper eases: it being doubtful ‘tes heh miederesnr bad not «etic eaing tov iid” TFORUMC FOR TRIAL OF TATEACHIMENTS On August 31, thea parts of the Constitution that had been post ‘were referred toa commits with one member from each wate ‘Committee of Eleven. (I: 473) On Septamber 4, the Commit. tee reported tothe Convention. Tt proposed thatthe Senats have power to try all impeachment with concurrence of two:thirds of the met>- ‘orm present Fequired fot « person to be convicted, The provisions con- carning election ofthe Preaident and his term in ofice were eawatially ‘what was finally adopted in the Constitution, exempt thatthe Senate Tras given the power to choose among the five recering the most lec: toral votes if none had's majority. (IL: 486-99) The offcs of reid wag raed and wan provided tnt he ul x of resi “‘excapt when they sit to try the impeach. rapid hg Pier wel mle Ct Ji ah pre ison Zor impeachment ofthe President was amend- iia dete rwaption” tea ground for removal reading" He shall bo removed from his offe on impeachment by the House of Representativen, and conviction by the Senate, for trees, oF Brbery = (T1409) ‘The Convention postponed the Committe's provision making the Senate the tribunal for impeachiments in ordet to deede previsly ‘on the mode of electing the President.” (11490) exizcriow oF THE FREAIDENT Gouverneur Morris explained “the reasons of the Committee ar hia own” for the mode of election of the President: “The ist was the danger of intrigue & faction ifthe appointmt. jbeuld be made by the Legislature. 2the inconreniency of an {netigibility required by that mode in order to lessen its evils 59 38 3 The dificulty_ of establishing & Court of Impeschmenta, ‘other than the Senate which would not ba wo proper forthe {ial nor the other branch for the impeechiment of the Presi- dent, if appointed by the Legislature, 4 No body had ap- peared to bo atifed with an appointment by the Lagilatrs E’Many were ansious even for an immediate choice by the role the indiapeaible ncemnty of aking the Ex: cutive independent ofthe Legislature. (I 300) ‘The great evil of cabal was avoided” because the electors would vote ‘atthe same time throuehout the country st great distance from each ‘ther: “file would be impossible also to corrupt them.” A conclusive reason, nid Gouverneur Morris, for having the Senata the judge of im- Peechmente rather than the Supreme Court wanthat the Court was to Erv the President after the trial of the impeachment.” (TT:500) Objee- tions were made thatthe Senate would almost always choose the Presi- Gent. Charles Pinckney amerted, “Tt makes the tame body of men ‘which will in fact elect the President his Judges in cam of an impeach. pone” (IT #01) Juries Wilpon and Edmond Randolph that, the eventual selection should be referred to the whofe lgiaatare, not just the Senate: Gouverneur Morris responded that the Senate was preferred “brenuse fewer could then, any to the President, you owe {Jour appointment to us. He thought the President would not depend to much’ on the Senate for his re-appointment as on his general good Conduct” (IT'502) Farther eonsideration on the report waa postponed ‘nti the following day.” ‘On Sentember 4 and 6, a substantial number of amendments were proposed. The mast imnortant. adopted be a rote of ten gates to bone, provided that the Hoos. rather tuan the Senata, should ehooes the event no nerson received a maiority of the electoral vote, with the tation from each state having one vote and « quorum of tworthirds of the statee beinn requited. (IT: 527-98) This amend tent wan tupported a esenine the aristocratic infnen of the Senate" in the words of George Mon. Farlier. James Wilson had erticized the report of the Committee of Eleven ta “having a danger- tons tendency to aristocracy: as throwing « dangerous power int the hands of the Sentte” who mould havs. in fact, the appointment of the President, and through his dependence on’ them the virtual Sppointment to other oficee (incleding the jodiciry), would make rentien. and would tev all impeachmenta. "T]he Legislative, Bxecu tive & Tadicinre powers are al blended in one branch of the Govern- ment, [lhe President ill not be,the man of the people ta ho ‘ought tobe. but the Minion of the Senate." (1182228) Aborriow OF “ETIOR CRDEPA AND seIMEDCEAYORS” On Sentember 8, the Conrention considered the clanse referring to impenchment and removal of the President for treason and bribery. George Mason acked, “Why is the orovision restrained to Treason & bribery oniv¥™ Treason as defined by the Constitation, he said, “will not reach many greet and dangerous offenses... Attempts to subvert the Constitution may not be Tresson . . .” Not only was treason lim- ited, bot it waa “the more becesary to extend: the power of impeach. ‘menta” because bills of attainder were forbidden. Mason moved to add “maladministration” after “bribery”. (II 580) 60 30 James Maditon commented, “So vague a term will be equivalent to'a tenure during pleasure of the Senae,” and Mason ‘eithavew -mal- ‘iministration” and substituted "high eximes & misdemeanors." tf the Sete” This term wa apd pnt tn to tres. (i! Madizon then objted to tial ofthe President by the Senate and aftr dicusion moved to strike the provision, stating s preference fore ibunal of which the Supreme burt formed « pet He cojeced by the Sonata, “especialy as (the President) was to be ine peached by the other branch of the Lepislature, and for any act hh might fe Called tiedenennoe. Fim Prien cde Them Clreumaratces wtemadeimpropery dependent." (Hf 881) ‘Gouverneur Morris (who hed sd of “maladrizistration” that it sould “not be putin fore and ean do novharmt an elecon every {ar years would "provene maladministraon” IT: 880) argued thot zo teloonal ther than the Senate could be trusted, The Supreme Goa nar ta fom i nae And te be ware ot orrupted’" He waa tgnina& dependence ofthe’ exeontive on the sletre, and considered legislative tyranny the grent danger, ut, Hi reucds "Sher could be anger thee the Senos need soy tuntruly on their ontha that the President was guilty of crimes oF ata apecay'as'in four years ho an be tanfed cit (11 S81) hack Picky Soporte Bennet the rus of npn beste rold mete Pendent to dependent ont epare "Tre oppores a favor Ins the two Hoses wil combing again him, and under the influence of heat and faction throm him out of ofc” Hugh Willameon of North Carolina replied that there vas ‘Spore danger of too much Jnity than of too mach rigour towards fe Fenders conegeng te mero rein we th ela 3} ‘was associa resident, (1:51) "After Madigon’s motion to strike out the provision for trial hy the Senate failed, it was unanimously agreed to strike “State” and insert "United Statta” after “misdemeanors against.” “in order to remove snbiguity.” (II:381) It was then agreed to ada: “The vice-President fand other Civil offcers of the U.S. shall be removed from office on impeachment and conviction as aforesuid.” raverneur Morris moved to add a requirement that members of the ‘Senate would be on oath in an impeachment trial, which was agreed to, and the Convention then voted, nine states to two. to agree tot clause for trial by the Senate. (II: 532-88) COMDETTRE ON FFTLE AND ARRANORMENT ‘five member Committ on Style and Arrangement was appointed atforYo arrange and rovio he language of te artes agreed BF Ge Sonreridon (11 83) The Comite reported n draft on Sep. amber 12: Te Comuniie, which mae nurmeroon change to shorten tad Cghtsn the language of the Conatittion, had dropped hee fon “against the United States” from the description of grounds for Itpethinent, 0 she cause rend, “The prdent ioe president, ahd 1a oficers of ths Unied Staten shal be removed rom offs on apeschoest for, and conviction of treason, Bribery, of other high tines und Misdemeanors” (11600) 6 0 susrexmoN UPON mereACHEENT On September 14, John Rutledge and Gouverneur Morris mored “that persons impeached be ied from their office until they be tried and acquitted, (II 612) Madison objected that the President wae already made too dependent on the legisiatare by the power of one branch to try him in consequence of an impeachment by the other, ‘Suspension be argued, “will put him in the power of one branch only,” srhich ean at enyfmotient ate Wenprary remoral ofthe Present In onder “to mabe way for the functions of another who will be more farorable to their views” The motion was defend, three eaten to “a cee vn ea oth pg en Sc non crag ote apa peeeirctnh rt ep apt sivas aie iaat atom Sees 62 APPENDIX B Procedingnin te Hoe Fee eT san in 0 aboring« mot com mi cepa hag a ean ee PERE sls ot eee for Meh cn tae Somes ia ia loess Prec Impeach Freerclere telnet were ged by he Hem wt garth practi sept by Article I charged that Blount, knowing that the United States was a fee rel ce haan Se ‘each other, “but disregarding the duties and obligations of his high oie ta deuggtod Eantog Sitch nae nd ies sro ata act eg nea ger ct Ua a toa ean ty ‘expedition against the Spenish pomessions of Louisiana and Florida gars aging he Sen ey of Fann an Pe fora agen pune ef Sa ad ane trust and station a8 a Senator of the United States, in violation of Sete ean a Geter ed Sab net aetna SE aevng of tutyttvom Se sel Meee Rhett AY ta” Heer ater eer the mpeg fh a ma Sean ps ar eee Geto er ten ines Hoe iar ahah eae Hors ey alt and aati ee chee sci ae aaa Toot ge Bien gnc Pate ae Ae ges: niin te Fe a a eet Spree iniane Boe mare nrg ests tbe em Tatil eon TRA ae ama ee ee Soccer er ae oh eee Seeger ey gatas td Se eal ea 63 2 Article IY. charged that Blount, knowing that the Congress had rade it lawful for the President to establish trading posts with the Indiana and that the President had appomited an interpreter ta serve as assistant pont trader, conspired and contrived to seduce the inter- Prater from his duty ang trust and to engage him in the promotion {ind execution of Blount’s criminal intentions and conepiracien, con: trary to the duty of his trust and station as a Senator and agains’ the laws, treies, peace and intereae of the United States. ticle F charged that Blount, knowing of the boundary lis tween the United States and the Cherokee netion etablished by treaty, in Further pronecation of his eriminal designa and conspiracies and the more effectually to accomplish his intention ng the Chero- ees to commence hostilities ugninet Spnin,conspi dimininh and impair ee confidence ofthe Chern nation nth go ernment of the United States and to create discontent and disalec- tion among the Cherokees in relation to the boundary Line. This was alleged to bo against Blount’ duty and trust asa Senitor and againat impeachment waa dismimmed. ¢. Proceedings in the Senate Before Blount's impeachment, the Senate had expelled him for “hay- ing boon guilty of « high misdemeanor, entirely ieonistent with publi truse and duty asa Senator "* AC the trials pion was inte behalf of Blount to tho fect that (1) Santor wan ota efi fier” (2) having already teen expelled, leant wan no longer in Poschubls, and (3) no crime or misdemennor in the execotion of the fice had been allege. The Senate voted 14 to 11 Dat the plen was tuficient in law that the Senate ought not to hold jurisdiction. The Irapeachment was dim 2. DRETMCT FODOR JOHN FICKEAINO (1408-1806) 4a, Proceedings in the House -A menage received from the President of the United State, regard- ing complaints aguinst Judge Pickering, wns referred toa elect com- titce for invesigetion in 1003s A ‘reoluton, chat Pickaring be impeached “of higherimes nnd misdemennors” wna reported tothe fal Hoa the sume year and alopted by a rote of #510 8! 2. Articles of Impeachment A tect committe waa appointed to draft articles of impeachment* ‘Ti Hime agen anual and without aendinent he fou Aiticles mbocquently reported” Each article rim Siniemeanos by Pcebne in hicondut ofan Ey the United States against a ship and merchandi hid been landed without the payment of duties : : “Article T changed that Judge Pickering, “pot regarding, bat with intent to erade"n act of Congrem, had ordered the ship and mer- chandioe delivered to ta owner without the production of any oottl- HBbgg coma coon 64 8 cate thatthe duty on the ship ofthe merchandise had been paid oF Steured, “contrary to [Prekering'a] tras and duty ax judge -" and to the manifest injury of (the] revenue” Article 11 charged that Pickering, “with intent to defeat the just claims of the United State,” refused fo Hear the tetimony of witnesses produced on behalf of the United States andy without fearing test Tony, ordered the sip and merchandise restord othe claimant “eon trary to his trust and ty, an judge of the anid district sour in Vol ton of the in of te United Staten, and tothe manfe njry of their revenge” “ArtcieI7f charged that Pickering, “diregarding the authority of cnet ad one iy meaning ar intone to tjar te oveeat of the United States! and thereby to impait the public credit aid bvolntely and ponively refuse allow’ the appeal of the United enon th lai prcmtings contrary th tra nd dy as judge of the mid district. court, awe of the Ua Bite tha rae nrg ofthe poi rrena, and in Vaton of ‘the eolemn oath which he fad taken to administer equal and impartial jumtice” “Article IV charged: ‘That whereas for the due, faithful, and impartial admin tration of justice, temperance and sobriety are essential quali tie in the crater of «jad 7! th oid John Pickarng, sine et ben ofthe mid conte fo the paroas of appear upon the bench of the r o pear upon the ben arpowe fstice. [on the same dates a9 the conduct charged ILL), in astataof total intoxication, - . - ‘and did then and there frequently, in « most profane and in: ‘Gecent manner, invoke the nape of the Supreme Being, to the ‘evil example of all the good citizens of the United States, and tras then and there guilty of other high misdemeanors, dis- receful to his own character as a judge, and degrading {5 the honor and dignity of the United States ¢. Proceedings in the Senate ‘The Senate convicted Judge Pickering on exch of the four articles by a vota of 19 to 7 4. Miscellaneous . ‘The Senate heard evidence on the issue of Judge Pickering’ sanity, but refused by & vote of 19 to 9 to postpone the trial 3. yOsTICR SARL CHARE (1804-1808) «a. Proceedings in the House . _ In 1804 the House authorized a committee to inquire into the con: uct of Supreme Court Justice Chase." On the same day that Judge Pickering was convicted in the Senate, the House by a vote of rears i SERHE 65 4 “Arte charged that cunmandtl ofthe solemn duties of is ofce, fora [a quotation from the judicial oath. Preseribed by statute)” of treason befor the defendants counsel had been heard wont i onion gn can ftom pn wen ceil esa SEE GS te pete scree ice fh bie creat aetna ihe tac cog se tah ty ect ree va pec enti ee al ey pint arise Ali be eo eee ee ee erecta 4 Eartha rlti tern rae Heidi dems flan aeasnis cote share Gres Te aha erst er aha ole hanes nears the charges contained i the indictment although the said charge em- EEE Meg ae tes man CaS ns cer ha i iting een tg oa aig ee te eg si eemuag oem oe ene nek es Sey et cam ten fled wating the abernce of material wits on behalf of 2 AE art lr enon cia a anes eo ars nat samen ttee that Chase be im 66 6 publi eae and indignation and “to predic that inab- iota ne hich Re conduc of ke Yodge kobe Shin ne mantel tnd, Ta) in repeated and 'scatousintarroptions of defendant's counsel with ined tem to withdeey fom the ate and {Gh ieing "an nee ie” for he nents collation “anbecoRing eens public prosatey bac higug a ic che charucsr of u jedge was beers of ur. est Article V charged that Chase had iaued » bench warrant rather hav etm ts itl cum, conteany ola Article Vi charged that Chase refused a continuance of the libel trial to th nox of cours contrary tow and Si inet rec nd precast eric’ of he dekadust fromcition of th pri, “chery degra Bone ad teading to impair the public sn "fstice mp exenal tothe ae : cdr il dere tC eng geo stil Sen eo cial Ev Pate grand [ry and the people of Mayland tous! fine mer . ; 3 ai a rl of Magan ap i inst the government SE resST ke jit authority were compat tir expres Se Scpuen ein nde ou rth aa i im ne eet id mies hom nts RET ate ofa Seclioncene rartnen™™ ¢ Proweings inthe Sate oe hn wneud ech rie by onal ca knile Yo Tes pity on hs 44 perme yopoR JAKES H. Pec (1830-1831) 67 46 2. Aut of Impeacment ites Home voted i fgor of impeachment, commits mas agpnted to ropa ace single ste pepo tad Sally Wipe ile How charged that eck “anmindlal ofthe wien and Sei interestn onatlly and uo isso: nf rir at ey oh ad Kant eteniaper Scie einng one f the og opinion ad brought te ntarney before the cogs and ander te lor and pre tia ofa cantcage promi, bd eatnd th atray tim Honda ard pnd preci, egos mei Be Hum Cares ht Pek cont relind inthe gan di vsgenett ofp fart, the sum of fail anton wr elbversion6f to fiterca of the people of the United Sats ce: Procedingy in the Seat ‘Thott Senate foc on to ira. Ona ive ma meter ely ping ean fr mings sevpnre arty ad ‘Seded Ket of adil emt power ander Seton it of Te Jadiy Ach of 16h The oer cme ino wes te reqs met proving mengtl inten “edgd Pec Su sctad on he ingle atl with twenty ne Se sn Bien aver bt ssaricion and treaty two Sean ogaat™ duties of rt th a ag yh Cont rece ein tt A ena eee ogreog bates, feet Hamp cand at un ‘Festigating commit Soon after the adoption of the impeachment resolution, seven articles of impeachment by ithout debate. ‘Article J ch ee ‘and unmindful of the duties of his. . . office” aa a judge, phreys“endenror(ed by public spec io inita sero ad rebelion? the United States; and publicly declared that the people of anesoee had the right to absolve themselves of allegiance to the United States. i" - tarvicle TT charged that, disregarding his duties as « citizen, his obligations ass judge, and the "good behavior” clause of the Consti- tution, Humphreys advocated and agreed to Tennese's ordinance otacemo, ee 77 charged that, Humphreys otgaized armed rebellion : = hem rey charged Humphreys with conspiracy to volte a civ we ee are He eeininl offen No oppgm Oy fore tne Tubority of the Government of the United States” apne rn ie te A ie 68 a Articte V charged that, with intent to prevent the administration of the nes of the United States and to overthrow the nathorty ofthe ried Ske Homphrese had fs so perform hi oder Jia tie for neatly a year. “Araicle V1 alleged that Judge Humphreys had continued to hold curt in hia state falling it te district court ofthe Confederate States of Americ. Article VI was divided into thres specifications reated to Hlomphreys acta while sitting aaa Confederaia judge. The Brat speci Featton charged that Humphreye endeavored 12 costs + Uni Porter to antar allegiance to the Confederacy. The mcond charged {Rati cared sonfaton opiate Property on tial f te Confederacy. The third charged that he jailed Union sympathizers ‘who resistad the Confederacy Article PII charged tht while sitting as» Confederate jge, Hum phreys unlawfully srrested and imprisoned « Union support. ¢ Proceedings in the Senate Humphreys could not be personally srved with the impeachment summons becuse he had fled Union terstory* Hie neither appeared at ‘heteal nor contested thecharges. ‘The Senate convicted Humphreys of all charges except the con- fection of property oy bbal ofthe Confederacy, which mrerl Sen Ap waked had nt een ropry proved Th vlan from BE25 guilty on Articles T nnd PV to 11-24 not guilty on opesfation two of Article VI. eae mp (4. enronset ANDREW JOHNSON (1807-1860), a Proceedings in the House ‘The House adopted a resolution in 1867 authorizing the Judiciary Gomme Inguy nt the cond of Peden Sera jority of the committee recommended ia ** bat the House Voted againet the resolution, 108 to 57." {a 1968, however, the Hou authorised an inguiry by the Cammittes on Reconstruction, which reported an im reaolution after President Jobneon had re- moved Secretary of War Stanton from office. The Houpe voted to in- peach, 13847" 2, Articles of Impeachment Nine of the eloven articles drawn by a select committan and ado by the House related solely to the Presidents removal of Stanton, The Pamoral allegedly violated the recently enacted Tenure of Ofte Act, ‘ileh aio chegorized ian « “high mindeneanor "The House voted on each of the frst nine articles separataly; the tenth and eleventh articles were adopted the following day. “Article charged tbat Johnson, “Gninindful ofthe high duties of his often of his outh of office fand of the requirement of the Constitution that be should C 48 a é-_ _ i é tnd in Mlaion ofthe Oo aioe and ewe of foe Usd iste ine sn der in Sriing ore terra of Sawin Bao oS — mightnesnes mols Serer hl hacer he President’ cnt in te ane tgs be charged him wih the legely anol apposenant of Stanton’ replacement * “dts FP charged ina Johnson, wth intat ple fully conspired wil tin placer for Stanton und Menbes of the Hose Hope Fenn ont pc Sse a i a atic Fe veration of the peceding race geaneed ence ee Tracy se prevent Suaston fom Bodin Ne ie: ease V7 Bharged Johnson Sith comp thos Stanton dx eee Froprty i Santon’ pony in cation of tetra "6 dodan Ene pose ceria coboprecis® and ine Nenu of Ofes hee “Atle ViT charged he sane oon, botnet Sols of che Toes eA “iste 117 aloge tat Johnson, by appointing spew Secreta of Waryhad “out tntentunlae aly 05 cet e dibaroenent rene or to mia rn and ae Bop the provains ofthe Hens of Gee Rok “Article [X charged that Jounson, in hs role as Commander in Chief, Fe perdi yal lpresand vintners Tigi’ that art of the Tera ef Olin Aut tas escceatn, ‘wlan induce the Genera is hs ste cofeciy as emus? pep lreelecgt ger apoio mga nape pt Fonetof Bee hee i sabe seg Ga Sela pd of he hg dt fh ce db dy End propisties thr, designing snd tending a tide the rightful authority and fowets of Congress did at tengo ring ita diagrae ale, trey cose and pach the Congres er he Uned Sunes neh pet ee he ab alread ot a by making “certain intemperate, inf tnd seandalous he- in addition the sare sites rare lied to bare brooght ‘oficeof the President into “contempt, ribeue, and diogrécn, tothe resterandal of all good citizens * Ardcle £7 combined the conduct charged in Article X andthe nine tier articles to allege that Johuson hed attampted to prevent the clon ofboth th a af Ofc Ace ad a ct rtf, Spproprstion by unla ising and coutrving eens iGoald remove Stanton fron ofce or er artic, oe Con. Ouonn, 4004 Cong 24 us. 1008-1, 1048 (2860. 70 4. Procedings in the Senate Te Seat ted glo Art 11, 1, nd, ad Pein Jolnon was usultad on each, 38 guilty”19 not ul, one af the twesinls gure to conte = 4. Misatoncous All of the articles relating to the disminal of Stanton all dian oer Arie dating mndoabiotome, he &. Proceedings in the Howse ch eon ‘an inquiry by the Judiciary Commitees aga sole shay weap ty the Hour in 1872" fe commitize propesed a reolution of i Crime and iidameasore i oc mbisk the Home opted 2, Subsequent Delabay resigned before articles of imy were sod the Dalat wen toc puted fart Ey te Hea The Sarge Aagninat him had been deatribed in the House a8 follows; ‘The most grevious charge, and that which is beyond all guano af tat ha pes bab ed hi for he Judicial offe,that he was intoxiated off the bench as well ts'on the bench. 8. MUORRTANY OF WAR WILLIAM W. BELKNAP (1814) 1. Proceedings in the Howe In 1876 the Committee on Expenditares in the War “ ‘unanimously recommended impeachment of Secretary Belknap “for ‘igh crimes and misdemeanors while in offs," end the louse nani ‘mously adopted the resolution.» 2, Articles of Impeachment Five articles of impeachment wore drafted bythe Sudisiary Co. ities and edopted by the Hour, al relating to Balinap' orropt eppotntinent of » military pow trader. The Howe agreed to the articles aa a group, without voting separstaly on each “Article 7 changed ‘ith “high etmen and miaderpoanor in office for anlawflly receiving nus of money, in conaterston for te Posintment ade by hn an Searcy af rie urged Bolg with sigh mi femeenor in os" for wilfally, and orfewfully” en ng und eating meer ‘ar foe tied unancs of te pe er ™ dri Sacpell alonyoa cely ogarting doty as Secretary of War, and busely prostituting his ia n 50 his lust for private gain.” when he Sunlarfully and corruptly” con- tinued his appointee in office, "tothe grett injury and damage of the ‘tices and soldiers of the United Sines” stationed at the military Post The maintenance of the trader was also alleged to be “against Public potiey, and to the great disgrace and detriment of the public “Article IV alleged serenteen eperata specifications relating to Bel- Jenap's appointment and continuance in ofice of the port Under. ‘tite F enumerated the instances in which Belknap oF his wife had corruptly received “divert large sums of money.” ¢. Proceedings inthe Senate ‘The Senata failed to convict Belknap on any of the articles, with totes on the atticles. ranging from 38 guilty--25 not guilty to 37 uilty-"25 not guilty" 4. Miscelancous Tn the Senate trial it was argued that becouse Belknap had resigned price to his impeachment the case should be dropped. The Senate, by a vate of 3 20, decided that Belknap wan amenable til Impeachment ™ Twenty-tvo of the Senator voting not guilty on exe ce, evetheles indeed hatin their view the Senate hed no Saridicton™ ©. DISTRICT JUDOR CHARLES SWATKE (1908-1008) «Peete St ata arte ratte arate es rae tide on ae gs Bataan ees ace aren cn © Ta cea eremece Ger oration recta cme vWf eps Ss aes, asm tat ng ier eh Ne re sal SSPE et ery Si ine Pa ge ae corer that Says ad knowingly led fl oteata vie een en arate nena itera aed ae meerkereae re wed teak reser seas himself and was and is guilty of « high erime, to wit, the crime of ob- ae deers emral SEPT FS pgm werner ie Srv re ene rata railroad car that was under the custody ofa recnver of hin 2 51 tnd used the car, ite provisions, nds porter without making com: Preamation tothe rairond, “wan and la guilty ofan ebuae of ficial Fores and of whighminianenor toi “Articles Vand VI charged that for periods of sx year and nine ents, Judge Swayne had not been stone fide resident of his judicial trict inrolation of tate requiring every federal judge to reside his judicial district. The matat provided ie for ofendngegunet this provision (the judge] shall be deemed ‘ede: Ineanor." The articlea charged that Sra frond Coorg euch law and rasan is Scat high misdemeanor in one ices VILL IX,X, XI end XI changed that Swame improperis thorneys and a litigant for contem} ‘Articles ‘that the imprisonment of the attorneys was done Tulawfully” and Articles LX and X1 that fone “inowingly and unlawfully.” Article hat the porate person, was iprvoned “unlafally and Each of Theos five articles concluded by charging by syne had “misbehaved hime in his office an judge ‘was and ie guilty ofan aluse of judicial power and high miademeanor Inoffice. ¢. Proceedings in the Senate A majority of the Senate voted acquittal on all articles** 0, Proceedings in the Howe ‘The House authorized an investigation by the Judiciary Commit- tee on Circuit Judge Archibald of the Commerce Court in 1912" The Committes unanimously reported a resolution that Archbald be i Perched for “misbehavior snd for high crimes and misdemeanor {End the Honse adopted the resolution, 293 to 1 2. Articles of Impeachment ‘TWirten Articles of impeachment, wore presantad and adopted simaltanecaly wih eh elation myatele charged thet Atehoald “wifey unlawfully, end cor- rel to adeattage of hin oil poston 2” "ont and inf. ‘oficiais” of » company mith litigaiion panding bafore his court to enter into a contract with Archbald and renee {Opell them amets of «subsidiary company. Got eee oes profitable to Archbeld" eal [ae ater, Arca rith lolly, nen fal, and ition aa judge to influence a litigant then iio eke LnteSeate Commerce Comision (who on spol ‘would Belton the Commerce Cau) ‘nate nce and parc oc." ‘Article [IT charged Archbald with using his oficial position to tana ening agreement from party mith ut pending the Co meres Court” THERE He ena aon eRe 3 2 Article IT” alleged “ross and improper conduct” in that Archbald had” (in another suit pening in the Commerce Court) “secretly, rrongfully, and unlawfully" requested nn attorney to obtain an ex: planation of certain testimony from a witness in the case, and sub- Eequently requested argument in support of certain contentions from ame attorney, all “without the knowledge of consent™ of the op- pers.” fice V charged Archbald with accepting “a gift, reward ent" from a person for whom Archald had attempted to gain fur rable leasing agreement. with potential itigant in Archbald's in charged improper use of Archbal’s i jg, this time with reapeet toa purchase of an intarest in land. “Articles VIL throwgh 211 referred to Archbald's conduct during hit teste as district court judge. These articles alleged improper and un becoming conduct coneituting *misbehavior™ and “qrose misconduct inoffce temming from the misuse of his postion as Judge to influence Heat tte i cur, resting in pera! gun to Archbad He ‘was uo charged with aocepting a argo sum of money” from people Tikely "to be ineerted in litigation” fn his court, and auch conduct twas alleged to “bring his. ofc of district judge into disrepute.” '* Krehbald was alo charged with accepting money “contributed + by Satin atorers who erm practioner nthe fad cour” ah ap Inting and maintaining gs jury commisioner an attorney whom he Rn to be general counsel for potential litizant. a “article E711 summarized Arenbalt’s conduct both na district court fudge and commerce court judge, charging that Archbald had sed thew ofices "wrongfully to obtain erediand charging that he had used the Inter ofice to fect “various anc diverse contract an naree- iment" in return for which he hnd received hidden interests in tad contracts, agrementa, and properties" «. Proceedings inthe Senate Tho Senate found Archbald guilty of the charges in five of the tnirteon articles, including the eatch-l thirteenth, Atchbald was re moved trom offce and distuslifed from holding any future offee”™ 11, pIeTmICT sCDOE ORoRGE . ENOLINNT (1925-1020) a. Proceedings in the Howe ‘The House adopted « resolution in 1995 directing an inquiry into the official conduct of District Judge English. A subcommittee of the ‘Tudieiary Committee took evidence in 1925 and recommended imperch- ‘ment."* In March 1926, the Judiciary Committee reported an impeach. ‘ment resolntion and fire articles of impeachment."" The Houre adopted the impeachment resolution and the articles by a vote of 306 to 62."" 2849 eng crag 8 See aan 3018 legge! “ ce) Judge English resigned six days before the date set for trial in the ‘Senate "The'House Managers sted that the tesigha Aifected the right ofthe Senate to try the charge bu recommen ‘het the impetchnsent proceedings be discoticted The recommen: dation was screed by the Hos, 380 to 2." 2: Artices of Impeochment Avice 1 charged that Judge English “did on divers and ogzasiont to abe the pores of iis high of Oa ie rh hanged with tyranny end oppression, whereby he his he fudministration of justice in is] courk "into diarepute, ad > {ullty of misbehavior falling under ie constatond! provision round for impeachment and femoval from ofice The ail alleged Sisc the judge hed “wllfally,tyeanncally opprenicly and tnitt- fully” dsbatred lawyers prosticng before hiny summoved sate and Tooal oftenis to hie Gratin an intginsry cas and denounced them swith profane tod icon sient cme tered two Towsyupermen foie cour and threatened then with imprisonment [twas aloo alleged that Judge English stated in open coure that if ho inairuted 0 jufy that mak wad quity end they did not find him fli ould tnd the ror a Arik 77 charged thet Judge English knowingly entered into an sled pope combating wi 2 rte Im Okra, sppotnted TS control bankruptey_procedings sn hie Ge! PREP Rar in venele end rote of the ie rand his relatives and friends and amended the Uankruptcy rufee of bis court to ealarge the tithotiy ofthe bankrupt reser ithe view fois own beneSt “Artiels 11 eharged tat Judge English “corrapty exeendedfarort- ing in diverse mars” “with thevintent to corrapty_ prefer” the fefere in bunkruptey to whom English alleged to be Under great Shligatins inane ind otherwise” -Avaicte 1V charged that Judge English ordered bankruptcy funds within the jurisdiction of his out tobe deposited in banks which he asst, incor and doom od ha Gedy eine Io anagresment ith each bunk designee the bank « depox it interek tre bankruptcy fandaif the bank woud employ the jodge's fon ase eahicr. These aclons were sated to have ben akon withthe ‘Frongfal and unlewfol inet to ise the infaence of hin. ofr aa Fedp fer the pal prod of ine and hs amily sd oad Ericte V alleged thal Judge Englih’ treatment of emir of the bag and conduc hn cur fring hs enue hed fen opens both members of the ber and their cients and hed deprived the cena or thee right to be Liberty and propery. Teal allged that Judge English “ax diverse times and places, while acting as seb fudge, a dinGgard the authority ofthe laws, and + did feftwe to Bree ote bent of tril by jy, contrary to hic irut and duty be lows of the United Stated ts jsge of ead district cour, agniet tnd aeViolation ofthe mem onth which be had taken to administer cut! and impartial justice” Judge English’s conduct in mating deci- lone and o alleged toe such" fear and distrust district ‘and to inspire « is judi Mesprecd belie, in and beyond Tree ee one, 5 54 «that causes were not decided in said court according to thelr imerits."[n]Il to the scandal and disrepute” of his court and the ad- ministration of justice init. This “course of conduct” was alleged to be “misbeliavior” and "a misdemeanor in office.” 6, Proceedings in the Senate ‘The Senate, being informed bs the Managers for the House that the House desired to discontinue the proceedings in view ofthe resignation of Judge English, ‘8 resolution dismissing the proceedings bya vote of 70t08) «a. Proceedings in the House ‘A resolution directing an inquiry into the official conduct of District Judge Louderback was adopted by the House in 1932. A subcommittee ‘of the Judiciney Committee took evidence. The full Judiciary Com: ‘mittee submitted a report in 1833, including & resolution that the eri- dence did not warrant imperchment, and a brief censure of the Judge {for conduct prejudicial to the dignity of the judiciary." A minority consisting of five Members recommended impeachment and moved Bve Articles of impeachment from the flor of the House." The five articles ‘were adopted as a group by a vote of 183 to 1 2, Articles of Impeachment Article I charged that Louderback “did of hia high office, that he is hereby charged with tyranny and oppres- sion, favoritism and conspiracy, whereby he has brought the admin- istration of justice in the court of which be is judge into disrepute, 14 by his conduct is guilty of misbehavior.” It alleged that Louder: back teed “his ofice and power of district judge in his own personal tereet” by causing an atzorney to be appointed as a receiver in bank ruptey at the demand of 4 person to whom Londerback was under financial obligation. Tt was further alleged that the attorney had re- ceived “large and exorbitant fees" for his services; and that these fees, hhad been passed on to the person whom Louderback was to reimburse for bills incurred on Louderback's behalf. ‘Article I] charged that Louderback had allowed excessive fees to» rpisiner and’ an atorper, deerited a1 his "personal and politial «20 abuse the power Teen eer hhrtincd Pee iea ate cor a Td hr tein Cdk et gates ete gaat cr surged the knowing apnointment of an unqualified per- ‘on os a receiver, resulting in disadvantage to litigants in his court. ‘Article 1 charged that “misusing the powers of his judical office for the sole narpore of enriching” the unavalified receiver mentioned in Article III, Louderback failed to give consideration” toan application to dacharg the recive; that xiting ina par of the cour tp which he ned not een amngnet th ee’ fe Unk junio of seme although knowing flat th feta and IGw compelled iemiwal and hat thi gondaee an “led with gy and favorita and conetitated “misbehavior” and «mie “irtla Va amended, charged that “the reasonable and probable rein” of Couderback's Stony allege in th, den Shas Extn focescne general condition of despre far end dntran and (eit test tt tke Snort tnd aggressor ot the fare the “general ad aggregnt renal” af Geom dug born fo deroy conden in Larter, which for 1 Feet dg ody cine to infeanar of the highow €: Proceedings inthe Senate ‘nation by counsel for Judgn Londerback to make the original Aicle'W mote deft mas somented toby the Managers for the ‘Monae rating i the ampndinen of that Arile™ Si Rains hadnt een ft nai to vote upon Aries Lthwugh LV, but expel of toting om Aree {the ona or “ete tice Judge Lauderinck wea toledo each ofthe fret foo articles tho cite vote being’ on Article T.(04 guilty, 42 not guy). He wes then acute Sh Article V, the noe bong 48. uty, not Fuley shor of te twotirde majority mquied for conviction. ‘A resolution directing an inquiry into the offcial conduct of Dis trict Tadge Ritter wan adopted by the Howe in 1998" A.subsom nite of the Judiciary Committes took evigence in 1088 and 1994. ‘rslaton tat Hitar “be impeached or mbar and fr bah Zhimes and misiemesnory” and recommending the aption of four Srtcies of impeachment, was reported tothe fall Hone in 1988, and opted by a rote of 161 to 146% Before tial in the Sonate, th Honse Spprove 4 renaion pubmed by the Howm, Manso, lacing rPTourth original articles with seven amended ones, some charging few offenea™ 2, Articles of Impeachment Article I charged Riter with “misbehavior” and “a high crime and amisdemennor in ofce” in xing an exorbitant attorneys fee tobe paid qo Ritters former law partner; disregard of the “restraint of pro, prety and’, danger of embarrasanent™: and in “corrupt and Enlecfaly” accepting cash payments from the attorney at the time the fee wan paid. : article TF charged that Ritter with others, entered into an “ar rangement” woot purpose was fo ensire that bankruptcy Property TS trove ca, FR a een 1 56 oud contin in litigation before iter’ court. Ralings by Rte, sealants altetenPatoe Bite scorn Wea aking™ Maan ee eee ee ae there SE eet tine ern ome Aceee il les peated eee ta al mee of fda aed Weed Fe ata ert ef ta ae er aed Peed © oe om ate hae sce Ree eee ete ea matted We por oe Foe ee Ee ely te practice of low Ae eas ame, eee ie yoieal Oe, Hiker oot Tees Reve si eed mary rom ape ce ge te heed a iar had ces prope res ‘within the terntorial jorsdiction Of Kittor's court: These acta were He pcr mieten pita emo He eee garof the Hous, ale charged pric ke tte Maen et ata Cl Soe ae ent pte annette hal Ritter nd Re eee Mee oo eeetahs fing to pore ae a a te ee het peor eta See a ae Tr Bec teare’nee decribed net Se aca oe islet nt ae 17 qmended) charged tha sas pty of ientor high eines aodminbeheanrin Bene SE Tree eee Coratnee of (os Srtonha'” “arunisdli'sr dey hte bane ceereeee ccahht ae rade Ma eg od pul feu scandel nd deepal a he preface Fa tthe Fede! judiciary ree Se ee tania oth odee tim lin Meee te re eee eral fT Lo ie eer a the outa of the Senin fre ney ate gpd yaar Seance (tage econ Ac ee Re row paren i ang Ree re ureter Te fours Fe ea tel aseaed I Anica aan peat wa conde dons wot Toe ie Paty aieret ee ,— aceforth armament att a abd Tt and ota te cm bus a pa dered oct ce aad income ta easton Proceedings in the Senate ‘Judge Ritter wns acquitted on each of the first six articles, the guilty vota on Article T falling one vote short of the two-thirds needed to Convict. He was then convicted on Article VII—the two specifications of that Article not being separately voted upon—by a single voto, 56 to 28" A point of order was raised that the conviction under Article {VII was improper becarise on the acquittals on the substantive charges of Articles T through VI, The point of order was orerruled by the Chair the Chair stating, “A point of order is made as to Article VIT Siar Bee We, to, ren cone. 4 tere 27-28 98), 8 aT in which the respondent is changed with general misbehavior It is Sispatnecbarge fem ay other Sarge 4. Mitellaneous te Seat rocelings by binging itu Gout of Cans an of the Sena aging inthe Court ‘sn tc tion to recover his salary. ‘Cont ot of Claims dismissed the suit on th rand Unt» cal nro te Utd Sates tibody review the ation of the Sete in an impeachment tial Dated ae. C29, 20 ct dni, 80 8. a BBE, 9 APPENDIX C Srcoxpanr Sources ox rm Canawatiry Teace ‘The Amociation of the Bar of the City of New York, The Lave of ‘Presidential Impeochment and Removal (074). The ody con ‘Inde that ipenchonent ot mie to ral anes Ba 2 fends to conduct undermining governmental integrity Bagard, Sum Bre Bepomtion of the Cora on of the United States, (Hogan & Thompson, Philadelphia, (1833). A treatiae on ‘American constitutional few concluding that ordinary legal forme Ought not to govern the impeachment proces. Bangor, Raoul, mpeachment: The Constitutional Problema, (Harvard ivoraity Prom Cambridge, 1073). A crical htorieal eurvey of English snd American precedents concluding that criminality hot requirement for impeachment. Bestor, Arthur, "Book Review, Berger, /mpeockment: The Conaitu- ‘onal Problema."49 Wash: Reve 255 (1018), A review concluding that the thrust of impeachment in English history and as viewed by the framers was to reach political conduct injurious to the com- monwealth, whether or not the conduct was criminal Boutwell, Gorge, The Conatitution of the United States atthe End of The First Century, (D.C. Heath & Co. Boston, 1808). A discusion of the Constitution's meaning afer a century’ use, concluding that {mpenchment hed not been contined to eriminal offenses, Bran egret Fal rrt (Alf Kamp, Now otk, 19TH). A Geer St Amperickn impeachment pro- ‘ hich conclude hat Conan shoal be reed fo imit impeachment to criminal offenses including the common Ine offense of misconduct in ofcs and inclading violstions of oaths of ofc. Bie Jame, The Ameen Commeneaih,(twnien Co, ew fork, 1951) (reprint). An exposition on American goverment oncliding that there was no Enel decision as to whether impench- spent aa conned to indictable crimen. The euthor notes thet in Eqglish impeachments there was no requirement for an indictable crime. Burdick, Charles, The Lave of the American Constitution, (G. 7. ‘Patnem & Sons, New York, 1929). 4 text on conetitntional int Pretation concloding thet misconduct in ofce by ialf is grounds Yor impeachment. Delahe: Theodore, “Trial by Impeachment." 6 Am. L. Reg. (¥-S.) B3F {ineT) An article on the eve of President Andrew Johneon Tpenchiment concluding that an indictable crime waa necessary (0 ren Beare The ka of npechment.”8 Mia. J 283 (198), Birk The Law of Lmpeachment."8 Mie. . ‘En Srikcle arzving that impescheble offenses had « definite meaning discoverable in history, tatuteund common lew: cn 80 59 Feetic John, “Impeaching Federal Judges: A Study of the Con- ‘itutionel Brovisons: 38 Fordiam Z, "Rev. (010), Am article concluding that impeschment was not limited to indiclble erimes Satertended to serious misconduct in ofce. Fenton, Paul, "The Scope of the Impeachment Power," 68 Nw. U. “Rev 710 (4010). A law review article concluding that imposchable fenaea are not limited to crimes, indictable or other: Finley, John and John Sanderson, The American Evecutive and Ee ‘cutive Methods, (Century Cox New York, 1908). A book on the Presidency concluding. tt impeachment reaches misconduct. in ‘fice, which waa a common law crime embracing all impropreties showing unftnem to hold ofice. Fonte, Roger, Commentarica on the Constitution of the United State, {Boston Book Cor Bowton, 1890), vol. LA. discaston of const onal law concluding that in ight of English and American his- Largan conduc sing tnftoem for ce at impeach Lavrence, William, “A Brief of the Authorities upon the Law of Imn- ‘pechable Crimes and Misdemeanors” C Globe Supple. Tent, 40th Congress, 24 Seaion, at #1 (1868). An article atthe time ‘of Andrew Johneon's impeachment concluding that indictable crimes ‘vere not neaded to make out an impeachable o Note, “The Exclusiveneas of the Impeachment Power under the Con- Matin 1 or. ew, 0 (Taat.“An article coveading tht ‘he Constitution included more than indictable crimes in its defn tion of impeachable offences, Note, “Vaguenem in the Constitution: The Imy Power,” 28, ‘Sean. Lev. 908 (1973), Thin book review of the Berger and Brant books concludes that necher author satisfactorily answers the ques- Peary iol nadine Costa a of he “John, dm Introduction 10 the Conti of “Triad Staten, (Hurd and Houghton, New York 1870). A considers- tion of constitutional history which concludes that impeachment reached more than ordinary indictable offenses. toy A View 0] the Conatitution of the United Stats, PH. Nicklin, Philadelphia, 1829, vol. ed), A discusion of the Inland pole principles underiing te Conitation, conead, {ion this aoue that an impeachable offense need not be w statutory xtne; but that reference should be made to non-satatory law. Rotischseter, Henry, Handbook of ‘American Const , “ent, Su Paul, 1830)" A treatin on the Constitution conclading Gat iaprahinet raced any conduct showing witane for of trhether or not «criminal offense. Schwas “A Commentary on the Constitution of the United “Barve T (ace, evr Vor, 1069). & trent on various specs ofthe Conttation which concludes tat there was no te Ma) debnition of the phrase “high Crimes and Misdemeanors.” but that al a ea marly popes wih Cangen, The Author suggeta that criminal offenses may whole onlent of the Constitution on this point, but thet such offenses should be & Buide, 81 60 Sheppard Furman, The Constitutional Tratbook, (George W. Chikdn Viadeiphia, 1888). A text on Constitutional meaning conliding that impetchment was designed to Tench any serious roletion of public tse, whether or not s strictly Tegal offense Sifopoon, Alex. A Treotite on Federal Impeackmente, (Philadelphia, ‘Bar, Association, Phila: 1916) (reproduced in substantial pare in G1 U.Pal.fev. $81 (18i6)). After reviewing English and Ameri fan impeachmenta ad available commentary, the author coneludes havan indictable crime i not necessary to impeach Story, Josephs Commentaries onthe Conititation of the United Staten, ‘ol! 1, 8th edition, (Lite, Brown # Co, Boston 1861). A co Inentary by an early Supreine Coure Justice who concludes that peachmen reached conduct not indictable onder the criminal ‘Thomas, Derid, “The Law of Impeachment in the United States vd, Pat Sct. Revs 38" (1008).A politcal scientist's view on i ietetal Snug tha the! pra "neh Crimes and Mi jemeanors” was meant to include more than indictable crimes. The futhor argues that English parliamentary history, American prece- entsend common law suppor hs concluston ‘Tuckes, John, The Constitution of the United States, (Callaghan & 1 Clzaga ies) rol A tain on hw Cana onl {hal impeachable offenses embrace willful violations of publi duty Ihetheror nota breach of positive lw ‘whan, Richard, Phe Constitution of the United Staten: Ite History ‘sed Weaning (Bobos Merrill, Indianapolis, 1227). A. short’ diz Sasi ofthe Coston congoding Gat anal ofr donot ‘about the reach of the impenchment power of Congress ANY gromt conduct in ofie. was thought an impeachable offen by thie suthor. ‘Watson, David, The Constitution of the United States, (Callaghan & ‘Co, Chicago, 1910), volumes T and IT, A treatise on Constitutional {ntsrpretation concluding that impeachment reaches misconduct office whether or not criminal ender oie tak was normaly tata a common le, Willowehbr, Weel: Phe Consitutloal Law of the United States, SOC dod chtion, (Baker, Vootis & Co, New York 19). The Ceres hut impeachment was not imied to ofenees mode criminal by federal atute ‘TERE Tey Stuspechinent of Ciil Ofer ander the Federal an Cee al covers general oil miscondoc whether Siding thet impeachment coves reer tobether rots violation of aw. 82 Mr. Hype, Thank you, Mr. Chairman. ‘A word, if I may, in conclusion about the significance of the oath ‘each of us swore to uphold when we became Members of Congress. We raised our right arms and said, “Ido solemnly swear I will sup- port and defend the Constitution of the United States against all Enemies, foreign and domestic; that I will bear true faith and alle- giance to the same; that I take this obligation freely, without an Mental reservation or purpose of evasion; and that I will well an faithfully dacharge the duties ofthe office on which Tam about ta enter 80 help me God.” ‘Traditionally an oath means a solemn calling on God to witness the truth of what you are saying, We all know well the story of Sir ‘Thomas More, wha was beheaded in the Tower of London for refus- jing to take the oath of supremacy that, acknowledged Henry VIII as head of the Church of England, In the great drama of his life, A Man for All Seasons”, Sir Thomas tells kis daughter, when you take an oath, you hold your soul in your hands, and if you break that cau yu open'up Your fingers and your soul ras through em and is lost. elieve with all my heart tht each of us took that oath of office seriously, that we will so conduct ourselves that when this ordeal is over, we will have vindicated the rule of law and brought eredit to this institution in which we are so privileged to serve. ‘Thank you, Mr. Chairman. ‘The CHAMMAN. Thank you, Mr. Hyde, for those eloquent re marks. ‘The CHAIRMAN. And now we will go to the other equally distin- guished member of the Judiciary Committee, John Conyers, and You may take whatever time you want. Your entire statement will ‘Appear in the record, STATEMENT OF HON. JOHN CONYERS, JR._A REPRESENTA- ‘TIVE IN CONGRESS FROM THE STATE OF MICHIGAN Mr. Convers. Thank you, Chairman Solomon and members of the committee, i want to thank Henry Hyde, the Chairman of the Judiciary Commitee, or, along with the Speaker at our meting of 24 hours age, toms ike Tot longer than that now, in which I was very feased to hear the Speaker make a couple’ of observations that ‘ar repeating here. He said, I will take stringent action against any Member who speaks in ah unseemly fashion against the dent of the United States off or on the floor. He didn’t say that for the benefit of Democrats or the public, He said that because he be lieved that this should be the kind of environment in which the ‘materials of the independent counsel be brought to us. ‘He also pledged that he realized the value of bipartisanship, and that without it any politicization of these hearings squander the great mandate that we have in the Congress, all of us. ‘And so we meet, here this evening for the very first test of the faimess doctrine that all of us in thet meeting yesterday morning {the Speakers office pledged ourselves to, And s0.1 want to as you all to concern yourself with me as to whether we are going to ‘meet the fairness test or not. 83. Now, there is an initial question that I cannot leave this hearing without putting forward, and that is the very simple fact that the House of Representatives is not the U.S. Postal Service. We are not oy syne for Kenneth W, Star, We ought not, we cannot, We, should not release anything to anybody unless we Know what i. This cannot be an, oops, 1 am sorry, we didn' "know. And so inadvertently in our discussions we have now sanctified the first 445 pages that we are now going to release to the planet Earth and nobody here has any idea of what is con- tained. We do know that there are prosecutorial comments, that there are allegations, that there are assertions. Obviously we haven't been 5 years and waiting for a report that would not con- tain these kinds of assertions, ‘But as to their validity and accuracy, Mr. Chairman and Mem- bers, nobody knows. Nobody. We don't know. And so 1 would hope that there may be sympathy within this hearing today to reco that for us to dump the first 445 pages and then tell every about how carefully we are going to scrutinize the other several frousand pages doesnot comport tothe Taty goals that we should ave, in my view. ‘Now, there is one other small detail, and it is probably semanti- cal, but this is not the beginning of ah impeachment inguiry. ‘The Chairman very accurately made it clear. For those of you. who think we are going into an impeachment inquiry, there are several possibilities. One of them is you may be profoundly disappointed or Felieved that nothing like that ever happens because every word, every sentence, every assertion, every allegation in all of the thou- sands of pages, the 17 boxes included, are going to be carefully re- viewed and scrutinized. ‘Now, there is, as likely as any other scenario, a possibility that there is nothing that, eomes within 600 miles of an article of im- peachment in any of this material. Maybe. We don't know. ‘And so what the independent counsel has done is his duty under the law that was written in the Judiciary Committee that he di liver these materials, whatever they may say, whatever views may have, and that is his duty and privilege to send them to us. TE does ‘not indicate that we go—as @ matter of fact, there has to be a vote in the Judiciary Committee after we inquire into th ‘whether we hold executive Sessions or whatever methods yet to b determined that we resort to, how we will come to a conclusion of what it is we are to do, So T think it is very important that that be understood. Now refered wo the dean f the Hous of Representatives in a very’ personal way. I have known John Dingell and his fami Tong before I came to Congress, and I agree that we should make— fe does—that we should make all of the materials available a Immediately as possible. I do not share the view that we should not look at anything because Kenneth W. Starr, a person with whom Vhave had from the floor of the House many discussions, I have never had the pleasure of meeting him, and it may not be unlikely that we may ‘have to mect him before. these proceedings through, but he said two things in hig transmittal letter. One, is not a'report, this is a referral. And he said this referral con at confidential material and material protected from disclosure by ale 6(e) of the Rules of Federal Criminal Procedure, Tie adalttanally gid that many of the supporting materials can. tan information of a personal nature that T respectfully urge the House to teat as confidential Ladies and gentlemen, what he has told us is that we have to review everything to make sure that we observe the conditions that Fe has ect when he sent the letter of transmittal. That is not my theory, thet is his statement, And I think that if there is any way We con reviow the fact of getting out the 445 pages, every Member lind every’ one of the 270 million people in America have waited {nto the Ath year for this report. Now, can somebody explain to me ‘whet danger wil befall a Member of Congress if we adhere to what the independent counsel himself has told us to do, that we review the 448 pages? We are not looking to excise anything. We can Took St dhose'intloss than a 2t-hour-day period, and hopefully there i othing objectionable, Tam not looking for reasons to delete or ex: Eee, but T have the same concerns that have been s0 skilifully and Sleguentlyartelated by Chairman Henry Hyde : S'T'atn urging that we do two things: That we consider the agreements that wa have ade aieady boenge, the Speaker and tke Minority Leader and the Chairman and the Ranking Membe thet we appreciate that as this rule fs writen, we are nol comport= {ng to the agreements that have already been entered inte, {-am Sota Tad could say tn sme oer way Tele if we start off with a broken promize, Ican tell you quit frankly what I fear 1 would like the frst vote that we have on this Subject to be as bipartisan as possible. That is my hope, T want to Support the rule, { want it to'be on record, if we decide that the President of the United States is not to receive the, 10-day rule to Frnd out what's going.on before everyone, then he doesn't even get the 2-day rule,"and’ now we have had them asking for a I-hour File They-cl mean what are we here for? T'urge fey colleagues, with the greatest sincerity that 1 hay equal fo the statements that you Nave all made about your recogni- fitn of the gravity of this matter, but to tell the President of the United States that he can find out what the charges are on the Intorset seems to me to forget thet don’t call t generosity that was given to the Speaker of the House before the Buhica Committoe Inrwhich he got T days to respond. We give this to everybody as E matter of esurtesy. | ean’t tell my constizuents that want to know what happened thai the President doesnt need to knov, he can ead it the same time you read st T think this is.a breach of faimess, and 1 would hope that you ould conser it inthe spint in which rm sharing i with you. The Fact of the matter ig that fundamental fairness is the guide to what were going to be doing here ‘Now fairness font something that is just good and moral and de- cent ‘Fairness also lends to a wider understanding of the issues that ore betore us, After all, we are going to hear the other side, fnd they are entitled to hear'the other side. ‘in oink that this probem can bs resolved. 1 hope that it is revolved s0 that the Members here that have been proud to indi tote this as an example of the to ‘stem working will help us Ie 85 the faimess that will make the system work, Because if the first, vote is not bipartisan, I think it sends a signal that is not what wwe desire, It doesn't say that we're shot or—I don't predict dire consequences. But I think that the history of the beginning of this, Chairman Solomon, and you served here for a couple decades, this toric moment for those Members who may not be serving any Tonger. And I would like to say as many good things about you and your eareer, as you have benefited us with your kindnes fonfidence as we appear here today, and I thank you very much. .e CHAIRMAN. Well, thank you, John Conyers, and thank you, Henry Hyde, for your very professional testimony, but more than that your siricere testimony, and we know it comes from both your aris, ‘Let me just respond briefly. You both spoke of decorum in. the House and the committees. You both spoke of Speaker Gingrich’s statement on the floor of the House urging and demanding, as a fatter of fact, Members show proper decoram and proper respect, for the presidency. in Fight of that, 1 had prepared an additional statement which I would ask unanimous consent to submit for the record—without objection, it will be—-which sets forth many of the things that have been said where Members’ words were taken down, going all the way back to the year 1811, as examples of what you cannot say. ‘And then i etes some of the things that were upheld by the Cha that ould be ted, and we would make that available for the [The information follows:] ) CONGRESSMAN | JERRY SOLOMON York Rules Committee Chairman, House of Representatives Decorum in the House and in Committees in response o improper refereoces i debate (othe President. That report read in part a8 follows: “It. the dy ofthe Howse to require ies Members in spech a debate to preserve that proper restrain which will permit the House 'o conduct fs business in am order) manner ‘Asa guide or debate its permistibe i debate to challenge the President 08 imate of ply. The diferente sone between polities eriticum and personally offensive ‘riticim. For example,» Member may asert in debate hat ue incumbent Presideat i nat ‘worthy of re-eleeton, bat in delag so should ot allude personal misconduct. By ‘xenson,« Member may ater in debut that the Howse should conduct an inquiry oF President should wot remain i fie. Member ha been eld Under section 370 ofthe House Rater and Man 1 refer othe government a “soenthing hated, something oppressive.” ‘refer tothe President a “using leplative or judcal pork.” + reer toa Presidential message a “diograce tthe count + refer to unaamed officials “our balf-bakedaitwits nding frcgn affair.”

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