Was there ever an impeachment of the President?
The house of representatives has been impeached only two presidents in its history, and both were acquitted by the Senate. The first was in 1868, Andrew Johnson because of the political crisis which was connected with his course in relation to the losing the Civil war South, the second — bill Clinton in 1998, due to his affair with White house Intern Monica Lewinsky (Monica Lewinsky). Richard Nixon threatened with impeachment, but the President resigned before (see below). Now — after was appointed special Prosecutor to investigate possible collusion between the election headquarters of the President of trump and Russia — again, many started talking about impeachment.
According to rumors, the lawyers trump is now looking for ways to protect the President, if the procedure will begin. Betting company Paddy Power believes that the chances of impeachment trump during his first presidential term was increased to 60%. “The word And” has already publicly say at least 26 Democrats and two Republicans. However, impeachment is a long and complex process that is strongly influenced by party considerations. Even if he will start, says former Republican Congressman bill McCollum (Bill McCollum) who voted for the Clinton impeachment, “quick, he will not.”
Where did the impeachment?
This procedure originated in England in the fourteenth century, where it was used against beyond the control of court nobles and Royal advisors. The authors of the American Constitution, who feared the possible establishment of tyranny, borrowed the idea of impeachment as a way to peacefully remove from power high-handed presidents and Vice-presidents, Ministers, Federal judges and Supreme court judges. On whether to give the right of impeachment to the Supreme court, was a fierce debate, but in the end, the Constitution granted “the exclusive right of impeachment” to the House of representatives. The Senate received “the exclusive right to consider any impeachment” — that is, the right to find the defendant guilty or to acquit.
What are impeachment?
According to the Constitution, “treason, bribery and other serious crimes and misdemeanors”. In this accepted definition of “high crimes and misdemeanors” does not exist. Some jurists believe that it is only violations of the written law. For others, the impeachment is applicable in the case of any abuse of authority or any conduct prejudicial to the presidential office. In practice, the interpretation is almost entirely dependent on political circumstances.
Clinton impeached for perjury and obstruction of justice because he lied under oath, in written testimony and on the trial jury about his relationship with Lewinsky. The reporters found that many leaders of the Republican party was also guilty of marital infidelity. Republicans in response have objected, though without much success — which in this case was false and not adultery. As quipped in the 1970’s Gerald Ford, who was then the minority leader in the House of representatives, “the reason for impeachment may be all that the majority in the House of representatives at the moment deemed appropriate”.
How does the impeachment process?
First, the House of representatives must vote in favor of beginning impeachment proceedings. This requires a simple majority of votes. A motion of impeachment can make any Congressman. Also it can make a Committee of Congress, the authors of the petition, the special Prosecutor and the President. If a simple majority supports at least one of the charges, the President officially subjected to impeachment that actually makes it to the accused. In the role of the court in this case is the Senate.
How is the impeachment?
The house of representatives appoints special representatives — the so-called managers of the prosecution. The President chooses the lawyers who will represent the defense. Senators be by a jury headed by the Chairman of the Supreme court. The Senate shall determine the procedural rules, for example, to decide whether to hear witnesses or can be limited to written testimony.
“Impeachment is a unique phenomenon, explains former Congressman Bob Barr (Bob Barr), who was one of the managers during the Clinton impeachment. — In a court of law the jury do not establish rules and determine what evidence they want to see and which not.” Clear criteria of proof no question about the guilt of each of the senators decides to your liking. If more than two thirds of the senators declare the President guilty, he is deprived of his office, and in his place comes the Vice President.
Could it Trump the impeachment?
The investigation, which holds a special Prosecutor, Robert Mueller (Robert Mueller) definitely implies such a possibility. The democratic Congressman from Texas al green (Al Green) says that he has already started to prepare the charges for impeachment. In his opinion, trump is guilty of obstruction of justice. Green believes that the President tried to get the FBI Director James Komi (James Comey) to terminate the investigation of possible collusion between the environment trump and the Kremlin, and then fired Komi Republic in the hope of thus stop the investigation.
© AP Photo, Jessica HillБывший US President bill Clinton
That is obstruction of justice was a reason for impeachment in the case of Clinton and Nixon, but both of them — unlike trump’s had to deal with a hostile Congress controlled by the opposition. To the Republicans opposed their own President and voted for his impeachment, his approval rating should drop to a level at which it becomes dangerous for the entire party. “99% of it depends on how popular the President,” — said former employee of the U.S. Department of justice Bruce FEIN (Fein, Bruce).
How Nixon avoided impeachment?
Richard Nixon was involved in “Watergate”, the main political scandal of the twentieth century. Evidence of his guilt was so convincing that he almost certainly was threatened with impeachment. However, he managed to avoid disgrace because the time resigned. In July 1974 the Judiciary Committee of the house of representatives approved the impeachment of “tricky dick.” The reason for this was three charges related to unlawful entry into the headquarters of the National Committee of the Democratic party in 1972: obstruction of justice, abuse of power and contempt of Congress
Six days later was published the audio recording, convincingly arguing that Nixon tried to interfere with the investigation. When the leaders of the Republican party told Nixon that he had lost the support of both the House of representatives and in the Senate, the President decided to resign. “Do not delay the case,” he said in his famous speech. A month later Nixon’s successor — his former Vice President Gerald Ford pardoned him, forgiving him all the crimes he ever committed. According to Ford, Nixon, “suffered enough”.