LS500 Legal Method and Process Dr. Christie L. Richardson Kaplan University Unit 3 The Impeachment Trials

Articles of Impeachment Article II in the Articles of Confederation of the United States Constitution, Section 4, states: –"The President, Vice President, and all civil Officers of the United States shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors." House of Representatives has the sole power of impeaching. The Senate has the sole power to try all impeachments. –The removal of impeached officials is automatic upon conviction in the Senate. In Nixon v. United States, 506 U.S. 204 (1993), the United States Supreme Court determined that the federal judiciary cannot review such proceedings.

Andrew Johnson 17th President of the United States Bitter quarrels between President Johnson and Radical Republicans in Congress over Reconstruction in the South. Radical Republicans wanted to enact a sweeping transformation of southern social and economic life. Believed whites in the South were seeking to preserve the old slavery system under a new system. Believed ex-Confederates were passing repressive labor laws and punitive Black Codes targeting freed slaves. –Black Codes prohibited freedmen from testifying against whites. –Allowed unemployed blacks to be arrested for vagrancy. –Hired out as cheap labor. –Mandated to separate public schools. –Prohibited from serving on juries, bearing arms, or large gatherings.

Andrew Johnson 17th President of the United States Radical Republicans had the majority in Congress in April 1866 Congress enacted the Civil Rights Act. –New rights to native-born blacks; –Right to testify in court; –To sue; and –To buy property. President Johnson vetoed the Act. –Claimed it was an invasion of state rights and would cause “discord among the races”. –Congress overrode the veto by 1 vote. –The struggle between the Executive and Legislative branches began.

Andrew Johnson 17th President of the United States June Congress passed the 14th Amendment guaranteeing civil liberties. –Prohibit any state from depriving citizens of life, liberty, or property without “due process”. –Granted all males 21 years old and older to vote. –Johnson argued that it did not apply to southerners. Violence against blacks in the South escalated. Moderate voters in the North started leaning towards the Radicals. Johnson decided to form a new political party for the moderates - National Union Party - to counter the Radicals - making situation worse.

Andrew Johnson 17th President of the United States Johnson’s gruff exterior did not set too well on his rally tour. Radicals swept the elections in November –2/3 anti-Johnson majority in both the House & Senate. During this congressional session the following was passed against Johnson’s wishes: –Military Reconstruction Act –Command of the Army Act –Tenure of Office Act August 12, Johnson suspended Secretary of War, Edwin Stanton for his violation of the Tenure of Office Act. –Replaced Stanton with General Ulysses S. Grant. –Senate refused to confirm Grant. –Grant stepped down and Stanton recovered his position.

Andrew Johnson 17th President of the United States February 24, 1868 House of Representatives voted to impeach Johnson with a vote of 126 to 47. Vague violation of “high crimes and misdemeanors.” Specific committee drafted 11 articles of impeachment approved a week later. Articles 1-8 charged Johnson with illegally removing Stanton from office. Article 9 accused Johnson of violating the Command of the Army Act. Articles 10 & 11 charged Johnson with libel against Congress through “inflammatory and scandalous harangues.”

Andrew Johnson 17th President of the United States Senate trial began on March 5, 1868 –Supreme Court Chief Justice Salmon chase presiding. March 16, 1868 Article 11 vote on Johnson’s behavior toward Congress was determined by an undecided Radical Republican named Edmund Ross. One vote needed for the 2/3 vote for the conviction. Mr. Ross quietly spoke “not guilty”. Johnson remained in office. Johnson ran for Congress in 1872 and lost. He later ran for the Senate and won in He become the only former President to serve in the Senate - the same place that tried to impeach him 7 years earlier.

Richard Nixon 37th President of the United States Break-in occurred on the night of June 17, 1972 inside the Watergate office complex in Washington, DC by five burglars. Burglars employed by the Committee to Re-elect President Nixon. August President Nixon told reporters that no White House staff was involved. Stemmed from 1970 when The New York Times revealed a secret bombing campaign against Cambodia (neutral) was being conducted in the war effort of Vietnam. Nixon ordered wiretaps of reporters and government employees to discuss the source of the news leaks. A “Plumbers” unit was established by Nixon aides to gather political intelligence on perceived enemies and preventing further news leaks. A team of “Plumbers” broke into a psychiatrist’s office looking for information on Daniel Ellsberg. Ellsberg was a former defense analyst who leaked information to the press.

Richard Nixon 37th President of the United States led to Nixon’s reelection campaign, which led to a massive spy ring and dirty tricks against Democrats. –Watergate break-in to plant tiny audio transmitters (bugs) inside the offices of the Democratic National Committee (DNC). Two Washington Post reporters (Bob Woodward & Carl Bernstein) uncovered the following: –One of the burglars, retired CIA James McCord was in charge of security for Nixon’s reelection committee. –$25,000 cashier’s check for Nixon’s reelection campaign had been diverted to the bank account of Attorney General John Mitchell - another burglar. –Mitchell kept secret fund accounts to finance political spying and targeting dirty tricks against the DNC.

Richard Nixon 37th President of the United States Next dirty trick - letter was planted in a New Hampshire newspaper alleging that Democratic presidential candidate, Senator Edmund Muskie, referred to Americans of French- Canadian descent as “Canucks.” This caused a severe drop in the polls for Muskie regardless of his tearful denials. George McGovern (Democrat) won the primary and lost to Nixon in a landslide. February 1973 special Senate committee was developed to investigate the political spying and sabotage during Nixon’s re- election.

Richard Nixon 37th President of the United States Televised hearings on May 17th began with the Senate Select Committee. The tapes became the focus of a year-long legal battle among the three branches of government. October 20th Saturday Night Massacre led to immediate cries for Nixon’s impeachment. Nixon finally agreed to turn over some of the tapes. White House announced that two of the tapes no longer existed. Erased portions of 18 minutes of another tape also existed.

Richard Nixon 37th President of the United States There were 42 subpoenaed tapes. To avoid handing these over to the House Judiciary Committee, Nixon released 1,254 edited pages of transcripts of 20 tapes in The quest for all of the tapes went to the U.S. Supreme Court. July 24, 1974, the Court ruled unanimously held that Nixon had to deliver all the tapes. Article 1 - Obstruction of Justice Article 2 - Abuse of Power Article 3 - Contempt of Congress August 9, 1974 Nixon resigned. Nixon became the first U.S. President to ever resign. –To avoid losing to impeachment in the House and trial in the Senate. Nixon received a full pardon from President Gerald Ford.

Bill Clinton 42nd President of the United States First Major Scandal –White House a.k.a. “Travelgate” –May long-time employees were abruptly fired and replaced with friends from the Clintons. –FBI investigation was conducted to prove justification of firings. Second Major Scandal –“Whitewater” –Death of Deputy White House Counsel, and life long friend to the Clintons, Vince Foster. –Federal investigators denied access to Foster’s White House office, but Clinton aides were allowed to enter within hours of Foster’s death. –This scandal contributed to the first-ever impeachment of an elected President.

Bill Clinton 42nd President of the United States Second Scandal Continued –Whitewater began in 1978 –Clintons, along with James and Susan McDougal, borrowed $203,000 to purchase 220 acres of riverfront land. –Formed the Whitewater Development Corporation with the intention of building vacation homes. – McDougal purchased a savings and loan in Little Rock (Madison Guaranty). – McDougal used money from Madison Guaranty to rid Governor Clinton $50,000 of campaign debt. –McDougal hired Rose Law Firm, which was the same firm Hillary worked at to help his ailing institution. – Madison Guaranty collapsed after the federal government spent $60,000 trying to bail it out. –Federal Resolution Trust Corporation named Bill and Hillary Clinton potential beneficiaries of alleged illegal activity with Madison Guaranty.

Bill Clinton 42nd President of the United States Second Scandal Continued –Independent counsel - Republican Kenneth W. Starr. –Starr’s investigation eventually landed into the realm of Clinton’s personal conduct and away from Whitewater. Third Scandal –Paula Jones –Alleged in 1994 that in 1991 Governor Clinton committed sexual harassment in a hotel room. –Jones was a state clerical worker at the time. –Jones claimed Clinton’s bodyguard summoned her to the hotel room. –Jones filed a civil law suit seeking $700,000 in damages and personal apology from Clinton.

Bill Clinton 42nd President of the United States Fourth Scandal –Monica Lewinsky –Unpaid intern in the office of the Chief of Staff Leon Panetta in July –By November 1995 she was had a job in the White House Office of Legislative Affairs. –Temporary U.S. government shutdown occurred. –When all other workers stayed home, Lewinsky went to work. –On November 15, 1995, Clinton invited Lewinsky back to his private study. –The affair continued for approximately 18 months. –Further issues occurred with Ken Starr when Linda Tripp provided him with more than 20 hours of tape recordings between Tripp & Lewinsky about the affair. –Clinton and Lewinsky were subpoenaed.

Bill Clinton 42nd President of the United States Article 1 - Perjury Before Independent Counsel Ken Starr’s Grand Jury. Article 2 - Perjury in the Paula Jones Civil Case. Article 3 - Obstruction of Justice Related to the Jones Case. Article 4- Abuse of Power by Making Perjurious Statements to Congress in His Answers to the 81 Questions Posed by the Judiciary Committee.

Bill Clinton 42nd President of the United States Consequences –Articles 1 & 3 - charges approved by House. Impeachment trial would begin in the Senate on January 7, –Upon closing arguments, Senate deliberated for three days on the two articles of impeachment. –Article 1 - perjury - 55 senators “not guilty” –Article 3 - obstruction of justice - Senate split evenly 50/50. –2/3 majority vote was not obtained. –President Clinton was acquitted on both charges. –Remained President of the United States until January 20, 2001.

References The history place: presidential impeachment proceedings. (2011). Retrieved from The history place: presidential impeachment proceedings. (2011). Retrieved from The history place: presidential impeachment proceedings. (2011). Retrieved from Nowak, J. E., & Rotunda, R. D. (2010). Principles of constitutional law. (Fourth ed.). St. Paul, MN: Thomson Reuters. O'Connor, K., Yanus, A. B., & Sabato, L. J. (2011). American government: Roots and reform. (2011 ed.). Boston, MA: Longman Publishers. Volkomer, W. E. (2011). American government. (Thirteenth ed.). Boston, MA: Longman Publishers.