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The Case for Impeachment
The Case for Impeachment
The Case for Impeachment
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The Case for Impeachment

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NATIONAL BESTSELLER

“Lichtman has written what may be the most important book of the year.”  —The Hill

What are the ranges and limitations of presidential authority? What are the standards of truthfulness that a president must uphold? What will it take to impeach Donald J. Trump? Professor Allan J. Lichtman, who has correctly forecasted thirty years of presidential outcomes, answers these questions, and more, in TheCase for Impeachment—a deeply convincing argument for impeaching the 45th president of the United States.

In the fall of 2016, Allan J. Lichtman made headlines when he predicted that Donald J. Trump would defeat the heavily favored Democrat, Hillary Clinton, to win the presidential election. Now, in clear, nonpartisan terms, Lichtman lays out the reasons Congress could remove Trump from the Oval Office: his ties to Russia before and after the election, the complicated financial conflicts of interest at home and abroad, and his abuse of executive authority.

The Case for Impeachment also offers a fascinating look at presidential impeachments throughout American history, including the often-overlooked story of Andrew Johnson’s impeachment, details about Richard Nixon’s resignation, and Bill Clinton’s hearings. Lichtman shows how Trump exhibits many of the flaws (and more) that have doomed past presidents. As the Nixon Administration dismissed the reporting of Bob Woodward and Carl Bernstein as “character assassination” and “a vicious abuse of the journalistic process,” Trump has attacked the “dishonest media,” claiming, “the press should be ashamed of themselves.”

Historians, legal scholars, and politicians alike agree: we are in politically uncharted waters—the durability of our institutions is being undermined and the public’s confidence in them is eroding, threatening American democracy itself.

Most citizens—politics aside—want to know where the country is headed. Lichtman argues, with clarity and power, that for Donald Trump’s presidency, smoke has become fire.

LanguageEnglish
Release dateApr 18, 2017
ISBN9780062696830
Author

Allan J. Lichtman

Allan J. Lichtman is Distinguished Professor of History at American University in Washington, DC, and formerly Associate Dean of the College of Arts and Sciences and Chair of the Department of History. He is the author or co-author of eight books, including most recently, FDR and the Jews (with Richard Breitman), which won the National Jewish Book Award in American Jewish History, and was a New York Times Editor’s Choice pick and a finalist for the Los Angeles Times Book Prize in History. He has also been a finalist for the National Book Critics Circle Award. He lives in Maryland.

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  • Rating: 4 out of 5 stars
    4/5
    the case for impeachment by Allan J. Lichtman. 2017.Allan J. Lichtman is a professor at American University, who has correctly predicted the election of the past 8 presidents by a mathematical calculation. He predicted Trumps presidency. He also predicted his impeachment.This book is written in a way that is easy to read, to understand, and to follow, and presents stellar examples of why he believes Trumps narcissism, grandiosity and incapacity would lead to his abuse and misuse of power. Lichtman starts with a brief history of impeachment, and how it was used by Thomas Jefferson to get rid of judges. He compares Trump to Andrew Johnson, and Richard Nixon. In the first month of his presidency, Trump spoke more about people who do not support him as haters, using hate as a motivator, than any other president. It told his base to separate the followers from the haters and incited division and violence, and is a fight against democracy. He follows Trump's legacy and history.....Trump Foundation, fraudulent charities, Cuba, the Atlantic Casinos, Trump University, Trumps model management. It was emotionally difficult to see his exploitation of immigrant workers, whom were hired at less than minimum wage, working 12-16 hour days, to build Trump Tower. Many of those workers were never paid. When he was sued for payment of the Tower, he lost. Trump took step after step to delay the case for 15 years before settling. He has lost the respect of banks, financial institutions and most refuse to work with him, now that his much respected Grandfather and father have passed. Becoming 'The Apprentice" and being on 'The Celebrity Apprentice' has been the only money he has ever actually earned. This was a blow to his ego.Most interesting, to me, were when he discusses Trumps businesses in the Philippines and China, his Trump Tampa venture, also in cities in Florida and New York. These stories certainly give example and credence to the character of this man and his business ability. This is a man who claims to know the art of the deal, but doesn't even show up to defend himself against impeachment.......Lichtman believes because he won the presidency on hate-mongering, grandiosity, and on lies........Hillary Clinton's emails. Obama's birther-ism, his lies about his own wealth, embedding his family into jobs and into the White House, the lies about the unemployment rate, etc. etc.....would make him vulnerable and easily manipulated by the media. This is when he began to hate the media, Obama, the Democrats, blaming them for exposing him by calling it all Fake News, in long rambling speeches. It went against Trump's belief that anything is true if you can get people to believe you. His numerous civil cases (many still pending until he is no longer president), his many bankruptcies and lawsuits will eventually undermine him, and his family, it is believed.Trumps lies and outright crazy tweets will have ramifications for future Republican party candidates, and Lichtman asserts it will be hard to win back credibility moving forward. This book is thorough, detailed and is as fascinating to read as it is chilling. If your looking for a book to lay out in an easy to follow timeline of Trump, this is one I would include reading. Excellent points are made.
  • Rating: 4 out of 5 stars
    4/5
    Allan J. Lichtman is a distinguished Harvard professor and political historian. Two months before the election, he predicted that Trump would win, (and received praise from Trump for his perspicacity). He also predicted that Trump would be impeached (which prediction Trump overlooked). In the first part of the book, Lichtman provides an overview and history of impeachment, when it has been used, and when it should be used. The longer, second part of the book discusses and analyzes the many "high crimes and other misdemeanors" committed by Trump. And since this book was published early in his presidency (April 2017--pre-firing of Comey, pre-multiple Russia contacts revelations), the case for impeachment has only been strengthened.Following is some random information/comments from the book I want to remember:---His crimes in general terms: appointing cabinet members dedicated to destroying the institutions they head; no prior public service; a record of enriching himself at the expense of others; a penchant for lying; disregard of the law; conflicts of interest; mistreatment of women; covering up his misdeeds; dubious connections with Russia; reversing the battle against climate change.--In the section discussing the history of impeachment, he clarifies that impeachment is of a "political nature" and reaches far beyond actual crimes. The questions to be considered regarding impeachment are: 1. What are the grounds?; 2. What is the scope of presidential authority; 3. What is the president's responsibility to obey the law? Lichtman also clarifies that a president's actions before becoming president can be considered in determining whether to impeach.--Trump is a serial law breaker, including:--There were many civil law suits regarding racketeering, civil rights violations, and other illegal acts prior to his taking office.--Trump's charity: He never registered it, and by not registering it he avoided audits which would have revealed illegal self-dealing. Self-dealings included using the foundation's money to settle his personal debts. He also purchased self-portraits and sports memorabilia with his charity's funds. And he made political contributions (particularly to Pam Bondi for Florida A.G. during a time she was considering a matter involving him) with the charity's funds.--Violations of the Cuban embargo. He spent $68,000 in 1998 to explore Cuban business opportunities in violation of the embargo. This is a federal crime, punishable by up to 10 years in prison, and $1 million in corporate and $250,000 in personal fines.--His N.J. and N.Y. casinos have paid hundreds of thousands of dollars in fines for violations, including for civil rights violations and bank reporting violations. When his casinos collapsed, $1.5 billion dollars was lost by investors.--His fraudulent university led to a federal class action suit charging racketeering violations. He settled the suit for $25 million shortly before entering office.--His exploitation of undocumented immigrants. He built Trump Tower in NYC using undocumented Polish workers. He failed to pay them, and ultimately they brought suit against Trump, who dragged the suit out for 15 years before settling. In addition, Trump Modeling Agency has a history of using undocumented immigrants, and taking advantage of them financially.--Trump's Conflicts of InterestThese mostly arise because of Trump's failure to divest himself of his business interests contrary to the practice of past presidents. Some of these include:--Dealings with the Philippines and Duterte--The head of the Trump Tower in Manila was appointed by Duterte as a special envoy to the U.S. at a time when there are sensitive issues about aid to Philippine trade and U.S. military arrangements in the Philippines.--Dealings with China--In February 2017 a number of trademark rights were issued to Trump business interests by China. (Trump had spent a decade and hundreds of thousands of dollars seeking these trademark rights). Experts have stated that this action by China was unprecedented. It occurred right after Trump ended his flirtation with a "Two China Policy." In addition, Trump has failed to label China as a currency manipulator as promised during his campaign. Trump also has a 30% stake in a company owing $950 million to lenders including the Bank of China. --Trump's debts (largely unknown) also constitute a conflict of interest. We know that Trump owes more than $1 billion to 150 financial institutions. The government has to make regulatory and policy decisions regarding these institutions. Two of his largest creditors, Wells Fargo and Deutsche Bank have been sanctioned for fraud and Russian money-laundering.--Domestic conflicts--Melania's and Ivanka's stated intents to profit from the office.The book also goes through his history of lies (too numerous to list here). Lichtman points out that the lies can jeopardize national security, in addition to covering up crimes. What we know about Trumps Russian connection has largely expanded since publication of this book. Lichtman goes into something I had never considered: crimes against humanity, which broadly include actions taken by Trump to deny or reverse measures taken to remedy climate change. At the time the book was published Trump hadn't withdrawn from the Paris Climate Accord, but Lichtman mentions that if Trump were to do so, it might be one of the grounds for impeachment. He also mentions the appointment of the following cabinet members: Scott Pruitt--EPA; Rick Perry--Energy; Rex Tillerson--State; Ryan Zinke--Interior.This book is a valuable read for the way it sets everything out in a logical, factual and methodical way.Recommended.4 stars
  • Rating: 5 out of 5 stars
    5/5
    The author, Alan J. Lichtman, of this book is the Harvard professor who predicted against all odds that Donald J. Trump would be elected president in 2016. Trump was so impressed with this prediction that he acknowledged the author with a congratulatory tweet. However, as is in his character, Trump only read the part of the prediction that he liked and ignored the rest. This author also predicted, based on Trump's personality and previous actions, that he would be impeached. In this book Lichtman discussed the history of impeachment, how it works and when it has been and should be used. He then lays out the case for the impeachment of Trump. It is well thought out and reasoned. His arguments are sound. What is even more frightening is that the case appears to gain strength on an almost daily basis. This is a book for every American to read, whether you are a Trump supporter or not.
  • Rating: 4 out of 5 stars
    4/5
    Lichtman, who had correctly predicted the previous eight presidential elections, applied his usual model to an analysis of the 2016 election and, two months before the election, predicted that Trump would win. But he went further and analyzed "Trump's past and proven behavior, as well as the history of politics and impeachment in our country" and concluded that while Trump would be elected, he would also be impeached. This book lays out Lichtman's rationale. It includes events through April, 2017, so the events of recent months (meetings in Europe, Comey and the special prosecutor, and the withdrawal from the Paris climate accord) had not yet occurred.Other than his prediction for November, I was unfamiliar with Lichtman when I picked up this book, but whatever his actual political affiliation, he is a committed critic of Trump. Whether a Trump supporter would ever read this I can't tell, since factual evidence has seemed so suspect to them, but the book is very heavily footnoted, so if they'd like they could double-check and weigh each piece of evidence Lichtman provides. There is one aspect of Trump's behavior and its possible repercussions that was completely new to me: the possibility of the International Criminal Court becoming involved because of the "crime against humanity" of environmental damage, recently added to their remit.The book will give Trump adversaries mixed feelings. First: here's a book about what we hope will happen!!! The first few chapters present the cases of the three presidents who have been threatened with impeachment: Andrew Johnson (Lincoln's successor, acquitted by the Senate), Bill Clinton (acquitted by the Senate), and Richard Nixon, who resigned before proceedings began after he was informed by Congressional leaders that he would be both impeached and convicted. But then there is the rest of the book, which lays out Trump's history and his first few months as President, and it is a thorough, and thoroughly depressing, read. There is just so much to choose from, and for myself, I found it overwhelming that he's been able to proceed this far without being really threatened with impeachment or sanction. It's one thing to follow the news day by day, but to see it all laid out in one place is to realize how much one person with power can thwart morality, the Constitution, and the American ethos. On the other hand, as pundits continue to tell us, preparing for impeachment can take years, and at least people like Lichtman are keeping a record. I just hope it proceeds quickly enough to avoid permanently changing our institutions past the point at which they can be repaired.There is one awkward chapter towards the end: a letter to Trump about what he needs to do to avoid impeachment. Considering that it's well known that Trump hates to read and loathes criticism, it seems affected to use this format. To Trump supporters I'd say, read this to see what the fuss is about. For his foes, read it to give yourself hope.
  • Rating: 5 out of 5 stars
    5/5
    The Case for Impeachment by Allan J. Lichtman is a book filled with rich information. He is the one that has predicted the last several presidential election results correctly including Trump. He also predicted that Trump would be impeached before his term would be up pointing to Trump's past behavior. The first part of the book briefly explains how the law came about and why. It then goes into the history of judges and Presidents that have had that law used on them and why. Then the juicy part...some of the laws now that can make a President be impeached. I didn't know they could be impeached for crimes they committed BEFORE they were President. The book goes into all the corrupt dealings of Trump over the years, I have followed and read a lot but boy this really lays it out. This book was put out in April of this year and none of the really top corruption is in it. He will have to add an update! I really learned a lot about our legal system. Good and bad. May it work properly for us all.

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The Case for Impeachment - Allan J. Lichtman

Contents

Cover

Title Page

Author’s Note

CHAPTER 1:       High Crimes and Misdemeanors

CHAPTER 2:       The Resignation of Richard Nixon: A Warning to Donald Trump

CHAPTER 3:       Flouting the Law

CHAPTER 4:       Conflicts of Interest

CHAPTER 5:       Lies, Lies, and More Lies

CHAPTER 6:       Trump’s War on Women

CHAPTER 7:       A Crime Against Humanity

CHAPTER 8:       The Russian Connections

CHAPTER 9:       Abuse of Power

CHAPTER 10:     The Unrestrained Trump

CHAPTER 11:     Memo: The Way Out

CONCLUSION:   The Peaceful Remedy of Impeachment

Acknowledgments

Notes

About the Author

Also by Allan J. Lichtman

Copyright

About the Publisher

Author’s Note

Impeachment will proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust, and they relate chiefly to injuries done immediately to the society itself.

—Alexander Hamilton, The Federalist, 1788

I began thinking about impeachment before the November 2016 election. For weeks, my students had been asking who I thought would be our next president, Hillary Clinton or Donald Trump. Finally, on a late evening in mid-September 2016, I leaned back in my chair and peered out into the hall at the mostly darkened offices of American University in Washington, D.C. I had just finished my analysis: Donald Trump would win the presidency. My forecast ignored polls, debates, advertising, tweets, news coverage, and campaign strategies—the usual grist for the punditry mills—that count for little or nothing on Election Day. I had used the same proven method that had led me to forecast accurately the outcomes of eight previous elections, and I’d kept my eye on the big picture—the strength and performance of the party holding the White House currently. After thirty-two years of correctly forecasting election results, even I was surprised by the outcome.

Among those who noticed my prediction was Donald J. Trump himself. Taking time out of preparing to become the world’s most powerful leader, he wrote me a personal note, saying, Professor—Congrats—good call. What Trump overlooked, however, was my next big prediction: that, after winning the presidency, he would be impeached.

Here I did not rely on my usual model, rather I used a deep analysis of Trump’s past and proven behavior, as well as the history of politics and impeachment in our country. In the short span of time between Trump’s election and this book’s publication in April 2017, his words and deeds have strengthened the case considerably. History is not geometry and historical parallels are never exact, yet a president who seems to have learned nothing from history is abusing and violating the public trust and setting the stage for a myriad of impeachable offenses that could get him removed from office.

America’s founders, who had so recently cast off the yoke of King George’s tyranny, granted their president awesome powers as the nation’s chief executive and commander in chief of its armed forces. Yet they understood the dangers of a runaway presidency. As James Madison warned during the Constitutional Convention, the president might pervert his administration into a scheme of peculation or oppression and betray his trust to foreign powers, with an outcome fatal to the Republic. To keep a rogue president in check, delegates separated constitutional powers into three independent branches of government. But knowing that a determined president could crash through these barriers, they also put in place impeachment as the rear guard of American democracy.¹

After exhaustive debate, the framers agreed on broad standards for impeachment and assigned this absolute power not to the judiciary, but to elected members of the U.S. House and Senate. By doing so they ensured that the fate of presidents would depend not on standards of law alone, but on the intertwined political, practical, moral, and legal judgment of elected officials. Hamilton explained that impeachments broadly cover the abuse or violation of some public trust and are properly denominated POLITICAL.²

This book will escort you through the process and history of impeachment; as your warning about the dangers of Trump’s rogue presidency; and as your guide to the myriad transgressions that I predict will lead to his impeachment. I invite you to follow each chapter and decide for yourself when Trump has reached the critical mass of violations that triggers the implosion of his presidency.

In The Case for Impeachment, I’ll look beyond the daily news cycle of events which will have continued to evolve to focus on the big picture of the impeachment process and the Trump presidency. I’ll take you through constitutional debates and the gritty politics of past impeachments. I’ll explain how Trump threatens the institutions and traditions that have made American safe and free for 230 years, and I’ll make clear why a Republican Congress might impeach a president of its own party. I also include a personal memo to President Trump on how he might dispel the clouds of controversy overhanging his presidency and avoid impeachment. I am not calling here for a witch hunt against an unconventional presidency or for snaring Trump on some minor or technical violation. The point is to assess at what point impeachment becomes necessary to protect America’s constitutional liberties and the vital interests of the nation. An impeachment of a president need not imperil the institution of the presidency. The genius of impeachment, said historian Arthur Schlesinger Jr. is that it could punish the man without punishing the office.³

The impeachment of an American president is rare, but not exceptional. The U.S. House of Representatives has impeached two presidents, Andrew Johnson in 1868 and Bill Clinton in 1998; another, Richard Nixon, only averted impeachment with a timely resignation. Counting Nixon, one out of every fourteen U.S. presidents have faced impeachment. Gamblers have become rich betting on longer odds than that.

But forget historical odds. Trump has broken all the usual rules of politics and governing. Early in his term, he has stretched presidential authority nearly to the breaking point, appointed cabinet officials dedicated to destroying the institutions they are assigned to run, and pushed America toward legal and constitutional crises.

No previous president has entered the Oval Office without a shred of public service or with as egregious a record of enriching himself at the expense of others. Trump’s penchant for lying, disregard for the law, and conflicts of interests are lifelong habits that will permeate his entire presidency. He has a history of mistreating women and covering up his misdeeds. He could commit his crime against humanity, not directly through war, but indirectly by reversing the battle against catastrophic climate change, upon which humanity’s well-being will likely depend. His dubious connections to Russia could open him to a charge of treason. His disdain for constitutional restraints could lead to abuses of power that forfeit the trust of even a Republican Congress.

What are the ranges and limitations of presidential authority in a system of separated power? What are the standards of truthfulness that a president must uphold? Where should the line be drawn between public service and private gain? Can a free press continue to function in the United States? How can America guard against foreign manipulation of its politics? What responsibility does the president have to protect the earth and its people from catastrophic climate change? When should impeachment be invoked or restrained? These are timeless issues that will decide the future of American democracy. The case for impeaching Donald Trump must be situated in the history of past impeachments—but if you’re really anxious, you can jump ahead to chapter 3 and start right in on Donald Trump.

In his inaugural address, Trump slammed his favorite target, Washington politicians. For too long, he said, a small group in our nation’s capital has reaped the rewards of government while the people have borne the costs. Yet this small group holds in their hands the power to impeach and remove the forty-fifth president.

It is our responsibility to arm ourselves with the knowledge needed to protect our great nation and keep alive its most precious traditions. Already millions of Americans and many more people worldwide have risen in protest against the dangerous presidency of Donald Trump. His impeachment will be decided not just in the halls of Congress but in the streets of America.

CHAPTER 1

High Crimes and Misdemeanors

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.

—Article II, Section 4,

Constitution of the United States of America

IMPEACHMENT 101

The first thing you need to know is how impeachment works: The impeachment and removal of a president begins under the Constitution in the United States House of Representatives. An impeachment typically begins with an investigation by the Judiciary Committee. If the committee decides to investigate, it may then by majority vote recommend articles of impeachment to the full House. Members then vote up or down on each article. The House may also proceed with impeachment regardless of the Committee’s recommendations. If a majority of the House ratifies one or more articles of impeachment, the case against the president proceeds to a trial by the Senate, presided over by the chief justice of the Supreme Court. A special prosecutor, a representative from either party, or even members of the public can request an investigation, although the Committee or the full House must agree to proceed with the inquiry.

At trial, the Senate acts as both jury and judge, with the power to subpoena witnesses, issue contempt rulings, dismiss charges, set trial procedures, and overturn rulings of the chief justice. Prosecutors appointed by the House present their case to the Senate, and the accused makes his choice of counsel for the defense. There is no requirement that the accused must appear in his own defense. At the end of the trial, the Senate has the power to convict and remove the president by a two-thirds vote of those present.

A president cannot pardon himself from impeachment, and if ousted by the Senate, he immediately sheds the protection of presidential immunity and becomes subject to arrest, prosecution, trial, and conviction under state or federal criminal law. By a separate vote, the Senate can bar a convicted president from holding any future federal office. Otherwise, an impeached president, if constitutionally eligible, could run again for White House. A president can run again if he was not elected twice or if elected once he did not serve for more than two years as an unelected president.

Decisions on whether to impeach a president turn on the wisdom of Congress and do not require proof of a specific indictable crime under either federal or state law. The verdict of the House and Senate is final. There is no right of appeal or judicial review of their decisions.¹

Impeachment covers not just presidents, but other federal officials, notably judges appointed for life. Since America’s founding, the House has impeached two presidents and fifteen judges. The Senate acquitted both presidents. It convicted eight of the judges.²

AMERICA’S FOUNDERS STRUGGLE WITH IMPEACHMENT

After what George Washington called the standing miracle of his victory over British arms, the general retired to his Mount Vernon plantation. Bouts of smallpox, tuberculosis, malaria, and dysentery and years of tense warfare had racked his body, leaving him prey to debilitating aches and fevers and a rheumatic complaint so severe at times that he was hardly able to raise my hand to my head, or turn myself in bed. Yet in 1787, Washington donned his best breeches and frock coat, powdered his hair, and pushed his body to serve his country again: this time as the indispensable president of a constitutional convention in the sweltering Philadelphia summer.³

In the span of just over a hundred days, the delegates created a radically new frame of government powerful enough to protect and preserve their fledging republic, but one with enough checks and balances to safeguard against the tyranny that Americans had endured under British rule. These learned but pragmatic politicians adhered to the later warning of John Adams that: Men are not only ambitious, but their ambition is unbounded: they are not only avaricious, but their avarice is insatiable. Therefore, it is necessary to place checks upon them all.

The framers adopted impeachment as a necessary check against tyranny. Shall any man be above justice? asked the influential Virginia delegate George Mason. He warned that it is the president who can commit the most extensive injustice.

Although they agreed on the need for impeachment, the delegates struggled with defining the grounds for indicting and removing federal officials. During the convention debates, to specify the criteria for removing a president, delegates used such disparate terms as great crimes, malpractice or neglect of duty, corruption, incapacity, negligence, and maladministration. They finally cast their vote for high crimes and misdemeanors against the state, then dropped the state qualifier, which both broadened and obfuscated the meaning of the impeachment.

POLITICS WITHOUT CRIME

In the election of 1800, after one of the nastiest campaigns in U.S. history, the nation experienced its first political upheaval when the Democratic-Republican Thomas Jefferson defeated the Federalist incumbent president John Adams. Federalists attacked Jefferson for his alleged atheism, radicalism, and lack of moral standards. One propagandist warned that with Jefferson as president, murder, robbery, rape, adultery, and incest will be openly taught and practiced, the air will be rent with the cries of the distressed, the soil will be soaked with blood, and the nation black with crimes.⁶ The Jeffersonians fought back, charging Adams with scheming to extinguish the republic by marrying one of his sons to the daughter of the King of England and reestablishing British rule over America.

During this interregnum, John Adams pushed through the Judiciary Act of 1801, infuriating the victorious opponents. The act created sixteen new circuit court judgeships and reduced the size of the Supreme Court from six to five, thereby depriving Jefferson of an appointment. In the nineteen waning days of his presidency, Adams appointed so-called Midnight Judges to these new circuit court positions. When Oliver Ellsworth, the chief justice of the Supreme Court and an Adams loyalist, conveniently retired, Adams was quick to appoint the staunch Federalist John Marshall as his replacement. Marshall served as chief justice for more than thirty years.

Jefferson and his new partisan majority in Congress repealed the Judiciary Act and turned to impeachment for rectifying what they decried as the Federalists’ packing of the courts. They carefully picked as their first target the elderly Federalist district court judge John Pickering, whose advanced dementia and alcoholism led to erratic and sometimes bizarre behavior on the bench. The impeachment of one of many federal trial judges may not amount to very much, but Jefferson and his allies in Congress targeted Pickering as part of a larger plan: to breach the separation of powers and place the constitutionally independent judiciary under the heel of the president and his party. Ironically, it was Thomas Jefferson, who famously had written in his Notes on the State of Virginia that concentration of power in the same hands is precisely the definition of despotic government, who led this assault on the separation of powers.

Jefferson as party leader set in motion the House’s proceedings against Pickering by transmitting to Congress letters and affidavits exhibiting matter of complaint against John Pickering, district judge of New Hampshire, which is not within executive cognizance. Eventually, Jefferson’s loyalists in the House drafted four dense articles of impeachment. None charged a specific violation of law, instead merely citing Pickering’s poor judgment, intoxication, and rants from the bench as evidence that he lacked the essential qualities in the character of a judge.

The Senate convicted Pickering in a straight party vote, making him the first federal official removed from office under Article II, Section 4 of the Constitution. Senator William Giles of Virginia, the Jeffersonian leader in the Senate, said bluntly: We want your offices, for the purpose of giving them to men who will fill them better. Lynn W. Turner, the preeminent historian of the Pickering impeachment, wrote, By confusing insanity with criminal misbehavior they [the Jeffersonians] also wiped out the line between good administration and politics and made any word or deed which a political majority might think objectionable the excuse for impeachment and removal from office.

Emboldened by Pickering’s successful conviction, the Jeffersonians next targeted the United States Supreme Court by impeaching Federalist justice Samuel Chase. In 1804, the House voted along party lines to charge Chase with eight articles of impeachment; seven turned on his allegedly unjust and partisan judicial conduct and rulings. The final article cited intemperate and inflammatory and indecent and unbecoming remarks that Chase made while charging a Baltimore grand jury. None charged him with an indictable crime. The Senate acquitted Chase on all articles, which ended Jefferson’s war on the judiciary but did nothing to clarify the grounds for an impeachable offense or stop similar maneuvers in the future.¹⁰

In his famed 1833 Commentaries, U.S. Supreme Court Justice Joseph Story reflected on the constitutional history of impeachment and the examples of Pickering and Chase. Impeachment, he concluded is of a political character and reaches beyond crimes to gross neglect, or usurpation, or habitual disregard of the public interests, in the discharge of the duties of political office. These are so various in their character, and so indefinable in their actual involutions, that it is almost impossible to provide systematically for them by positive law.¹¹

The first impeachment of an American president, Andrew Johnson in 1868, would show just how prophetic Story’s words proved to be. Johnson’s impeachment raises three major issues that are still lively and controversial today: 1. What are the grounds for impeachment, 2. What is the scope of presidential authority and, 3. What is the president’s responsibility to

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