Originally posted by TOC:
so that he almost got impeached over a sex scandal (which didn't even involve anything illegal - nothing like rape or anything like that)
Ignoring all the rest because Roger spelled it out so well already [things like 2 of the Republican SC Justices are so not Republican it's almost funny regardless of who they were appointed by]...
Clinton WAS impeached. Probably 90% of AMERICANS would tell you he wasn't because he wasn't removed from office, but he was. Two Presidents have been impeached. Andrew Johnson, immediately after the Civil War, for violating part of the Tenure of Office Act that was later declared unconstitutional by the Supreme Court anyway. He was acquitted by one vote.
Richard Nixon WAS NOT impeached, though those same 90% of Americans would probably tell you he was. He resigned before the House of Representatives could vote on the Articles of Impeachment. He is the only president to leave office without dying or reaching the end of his term. In doing so, Ford became president - the only president to not have been elected either president or vice president [Spiro Agnew, Nixon's VP, had resigned over his own scandal some time earlier - Ford had been appointed by Nixon and approved by the Senate to replace him. There are allegations that Ford's later pardon of Nixon was part of the deal, but I don't believe it's ever been definitively proven. Rockefeller was appointed/approved as Ford's VP, also never having been elected. 2000 election aside - that's a odd way to get a president...]
Bill Clinton WAS impeached. He was impeached for lying/perjury and obstruction of justice, NOT because he had a sexual relationship with Lewinsky. Though inappropriate as a married man, it was doubly so as her 'boss' and could easily constitute sexual harassment though there was nothing 'illegal like rape' involved. (Sexual harassment however, is illegal *gasp* - and sexual relationships with bosses can *almost* always devolve into harassment.] So the only thing that the impeachment had to do with the sexual relationship was that he lied about it and encouraged others to do so.
The Constitution says certain government officials can be impeached for treason and high crimes and misdemeanors. Perjury and obstruction of justice are crimes, but are they high crimes? That's the biggest point of contention. As Roger pointed out, Clinton lost his license to practice law. Very few people would argue that he wasn't guilty of perjury at least - but was it an impeachable offense? Depends on who you ask.
The way impeachment works:
1. The appropriate committee in the House of Representatives votes on and then presents the full House with Articles of Impeachment. There was 4 in the Clinton case - 1 each of abuse of power and obstruction of justice and 2 of perjury
2. The House of Representatives acts as a Grand Jury to determine if there is enough evidence to charge the official with the crimes listed in the Articles of Impeachment. Once there is a majority vote to approve the Articles, the official is impeached. Clinton was impeached on one count of perjury and one of obstruction of justice.
3. The Senate acts as a petit/trial jury like you'd see in a legal drama. Members of the House Judiciary committee act as 'managers' or prosecutors. The Chief Justice of the Supreme Court presides over the trial [in this case Rhenquist].
4. If the Senate votes with a super majority [2/3] to convict, the official is convicted and removed from office. Clinton was not convicted and it really wasn't even close. In the end, a number of Republicans basically decided that perjury/obstruction were not impeachable offenses, as mentioned earlier. To the best of my recollection, his actual guilt was in question by few people.
Removal from office is the only punishment that can be given through impeachment. Acquittal or conviction in impeachment proceedings has absolutely nothing to do with any criminal charges brought by the appropriate authorities outside the federal government.
I teach American government/political science at a community college and the majority of students in my classes believe that:
a. Nixon was impeached
b. Clinton was not impeached
And they're wrong on both counts.
And thus ends my participation in the poli sci lesson for today.
Carol
