THREE IMPEACHMENTS AND A RESIGNATION

SMEAD
WHAT IS IMPEACHMENT?

 A Constitutional process, neither strictly criminal nor civil, nor political.

 A public inquiry

 “Impeachment” is an ”indictment,” or bringing of charges. Not a conviction.

 Impeachment charges brought by majority vote in House of Representatives

 Impeachment leads to a trial before the Senate.

 The House of Representatives usually acts as prosecutor.

 Upon conviction, an impeached individual is removed from office, immediately.

 Two-thirds of Senators present must vote to convict

WHAT DOES THE CONSTITUTION SAY ABOUT IMPEACHMENT?

 Article I, Section 2, Clause 5

 “The House of Representatives … shall have the sole Power of Impeachment.”

 Article I, section 3, Clauses 6 & 7

 “The Senate shall have the sole power to try all Impeachments. When sitting for that purpose, they shall be in Oath or Affirmation. When the President of
the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of to thirds of the members present.
 Judgment in
 Cases of Impeachment shall not extend further than to removal from Office, and the disqualification to hold and enjoy any Office of honor, Trust or Profit
under the United States: but the Party convicted shall nevertheless be liable and subject to indictment, Trial, Judgment and Punishment, according to
Law.”
 Article II, Section 2, Clause 1
 “The President … shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in cases of impeachment.”

 Article II, Section 4

 “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.”
“HIGH CRIMES AND MISDEMEANORS” ??????

 Can be both illegal and legal activities

 Criminal activity or egregious abuse of office

 Any serious misuse of office.

 Tax evasion
 Obstruction of Justice
 Abuse of power, such as using the IRS to audit political rivals or subverting Congressional Laws.

 Does NOT include maladministration, i.e., being an unpopular or poor president.

 But is does include being grossly incompetent

HOW MANY PEOPLE HAVE BEEN IMPEACHED?

 12 high officials
 Senators
 Congressmen
 Federal judges

 Three Presidents
ANDREW JOHNSON
 Impeached for violating the Tenure of Office Act
when he fired his Secretary of War.
(1868, ”REPUBLICAN”)  Law was passed by Radical Republican faction in
Congress, who hated Johnson.
 Required the President to get Senatorial approval
before removing high officials.
 And for attacking Congress in various speeches.
 Acquitted by ONE vote.
 Seen as a politically motivated by zealous reformers.
  Watergate Scandal
 Widespread campaign of illegal and unethical actions against
RICHARD NIXON his political opponents
(1974, REPUBLICAN)
 House Judiciary Committee voted three (of five) articles of
Impeachment
 Obstruction of Justice
 Abuse of Power
 Contempt of Congress
 House of Representatives never voted on these articles
 Nixon resigned on August 9, 1974, to avoid certain
impeachment and conviction.
 Process was marginally bi-partisan.
BILL CLINTON
 Monic Lewinsky Affair, stemming from the
Whitewater investigation (and others) of wrong-
(1998-1999, DEMOCRAT) doing dating back to his time as governor of
Arkansas.
 Impeached on two (of four) articles
 Perjury
 Obstruction of Justice
 Acquitted on both charges, votes: 55-45; 50-50.
 Process was fueled by zealous conservatives
who hated Clinton.
DONALD TRUMP  Trump-Ukraine Scandal, July 2019 phone call between Trump
and Volodymyr Zelensky, president of Ukraine. Trump wanted
(2020, REPUBLICAN)
dirt on Joe Biden’s son, and asked for “a favor.”
 House of Representatives voted two articles of Impeachment
 Abuse of Power
 Obstructing Congress

 All votes have been on strict party lines, leaving no doubt he

will be acquitted by the Senate.