The Federal Impeachment Process

Michael Gerhard examines the likely political and constitutional consequences of President Clinton's impeachment and trial. Placing the President's acquittal in historical perspective he argues that it is consistent with the process as it has evolved over the last two centuries.

As President Trump and Congressional Democrats battle over the findings of the Mueller report, talk of impeachment is in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today’s highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct? For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes—serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official’s misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the “Emoluments Clause” means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials. Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.

Of the fourteen American political figures tried from 1799 through 1989, five committed acts for which they were, or could have been, convicted (crimes). Five were found unfit because of impropriety, inability, or unwillingness to perform their duties (follies). The remaining four were targets of political or business interests arrayed against them (misfortunes). Seven of the fourteen -- all judges -- were convicted. An impeachment trial must prove abuse of office or inability to perform official duties, not political intransigence or unwary speechmaking, states Eleanore Bushnell. Meticulous scholarship and elegant prose mark Bushnell's investigation, which details the accusations against each official brought to trial and links each proceeding to biographical information and facts including the political composition of Congress, an article-by-article indictment and refutation of charges, and final summations for each side. Bushnell views the constitutionally mandated impeachment process as an important means of overseeing officials with lifelong tenure. And, noting that eleven of the impeached officers were judges, she observes that criminality has not been a conspicuous cause of judicial misconduct. More common problems have included alcoholism, absenteeism, senility, and violations of ethical canons.

Impeachment: What Everyone Needs to Know® is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.

This edition provides the complete overview of all the efforts and report used to impeach Donald Trump, including declassified documents, transcripts and reports of various US security agencies and other actors involved in the investigation of the Russian Interference in the 2016 United States Elections as well as the connection of the American president with the Russian Government. Content: Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice Efforts to Impeach Donald Trump The Mueller Report Documents & Transcripts: Dismissal of James Comey James Comey FBI Farewell Letter Representative Al Green Calls for Trump Impeachment Jason Chaffetz Letter to FBI Over Comey Memo Legal Grounds for Appointing a Special Counsel The Jurisdiction and the Power of a Special Counsel Appointment of Special Counsel to Investigate Russian Interference With the 2016 Presidential Election and Related Matters Comey Statement for the Record Senate Select Committee on Intelligence Executive Order - Taking Additional Steps to Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities Russian Cyber Activity – The Grizzly Steppe Report Assessing Russian Activities and Intentions in Recent US Elections Joint Statement on Committee Inquiry into Russian Intelligence Activities National Security Agency Report Letter From William Barr to Leaders of the House and Senate Judiciary Committees Notifying Them About Conclusion of the Investigation