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Dems in Heat as the Impeached President speaks.
By:Z
Date: Wednesday, 27 August 2008, 6:44 pm

http://www.time.com/time/politics/article/0,8599,1836771,00.html?cnn=yes

The Facts

Presidents Andrew Johnson and Bill Clinton were impeached by the U.S. House of Representatives, but acquitted by the Senate. Richard Nixon resigned before he could be impeached.

The Big Fish
Two U.S. presidents have been impeached: Andrew Johnson, the seventeenth chief executive, and William J. Clinton, the forty-second.

Johnson, a Southern Democrat who became president after Lincoln's assassination, supported a mild policy of Reconstruction after the Civil War. The Radical Republicans in Congress were furious at his leniency toward ex-Confederates and obvious lack of concern for ex-slaves, demonstrated by his veto of civil rights bills and opposition to the Fourteenth Amendment. To protect Radical Republicans in Johnson's administration and diminish the strength of the president, Congress passed the Tenure of Office Act in 1867, which prohibited the president from dismissing office holders without the Senate's approval. A defiant Johnson tested the constitutionality of the Act by attempting to oust Secretary of War Edwin M. Stanton. His violation of the Act became the basis for impeachment in 1868. But the Senate was one vote short of the two-thirds majority needed to convict, and Johnson was acquitted May 26, 1868.

Senator Charles Sumner, witness to the proceedings, defined them as "political in character." Historians today generally agree with his assessment and consider the grounds for Johnson's impeachment flimsy—the Tenure of Office Act was partially repealed in 1887,and then declared unconstitutional in 1926.

Bill Clinton was ultimately dragged down—though not defeated—by the character issues brought into question even before his election. An investigation into some suspect real estate dealings in which Clinton was involved prior to his presidency failed to turn up any implicating evidence. However, Independent Counsel Kenneth Starr managed to unravel a tangled web of alleged sexual advances and affairs in Clinton's past. The trail led to former White House intern Monica S. Lewinsky. After months of denials, including in a videotaped legal testimony, Clinton admitted in August of 1998 that he had had a sexual relationship with the young woman during the time of her internship.

The infamous "Starr Report" outlining the findings of the Independent Counsel's investigation was delivered to the House of Representatives on Sept. 9, 1998, and subsequently made available to the public. Many felt the report, filled with lurid details of Clinton's sexual encounters with Lewinsky, to be a political attack against the President rather than a legal justification for his impeachment. Of the 11 possible grounds for impeachment cited by Starr, four were eventually approved by the House Judiciary Committee: grand jury perjury, civil suit perjury, obstruction of justice, and abuse of power.

On December 19, following much debate over the constitutionality of the proceedings and whether or not Clinton could be punished by censure rather than impeachment, the House of Representatives held its historic vote. Clinton was impeached on two counts, grand jury perjury (228–206) and obstruction of justice (221–212), with the votes split along party lines. The Senate Republicans, however, were unable to gather enough support to achieve the two-thirds majority required for his conviction. On Feb. 12, 1999, the Senate acquitted President Clinton on both counts. The perjury charge failed by a vote of 55–45, with 10 Republicans voting against impeachment along with all 45 Democrats. The obstruction of justice vote was 50–50, with 5 Republicans breaking ranks to vote against impeachment.

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