September 13, 1998

President In Big Trouble For Misdemeanors, Not Crime

Now that the independent counsel’s report to Congress -- outlining 11 grave offenses by President Clinton -- has blossomed on the internet, we can drop the charade of “sources close to the investigation.”

The worst fears of White House aides are realized. Eight months of derogatory leaks are confirmed.

Kenneth Starr’s referral contains the constitutionally required “substantial and credible” information. It is damming. Turn out the lights, the party is over.

The report focuses on Clinton’s sexual conduct with Monica Lewinsky, a 22-year-old unpaid White House intern. Enough lurid detail is included to make a convincing case. We are told that some sensational material is held back at this time in order to protect innocent persons drawn into the maelstrom. These will be released publicly should the House move toward impeachment.

For the present, four articles of impeachment are suggested:

• Obstruction of justice by withholding documents and retrieving gifts to Lewinsky.
  
• Perjury by lying twice under oath about his sexual relationship with Lewinsky in the Oval Office.
  
• Abuse of power by encouraging government employees and influential friends to deny Clinton improprieties while he knew them to be true.
  
• Witness tampering by suggesting to his private secretary and others how they could evade truthful testimony.

Now we shall have endless arguments about the failure of Starr’s findings to meet Article 2, Section 4 of the U.S. Constitution: “The president.... shall be removed from office on impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

Clinton ’s lawyers and other advocates say his actions cited aren’t treason, bribery or “similar” high crimes. Furthermore, it is not “fair” to usurp voters’ rights and remove a president duly elected. One can argue about the height of his crimes, if any; but that would be a legal controversy. Now, the issue has moved from legalities and courts into politics and Congress.

Thus, we come to “misdemeanors” -- whether high or low. We must proceed on assumption that the geniuses who wrote the Constitution understood the meanings of their words.

Regarding “demeanor,” Webster defines it as “to govern oneself, outward behavior, conduct, deportment.” Here we come to the nub. Clinton’s behavior certainly has been mis.

Those first Americans who revolted against kingly power were equally distrustful of “the popular will.” They wove checks into the Constitution to prevent one branch of government from dominating government. Essential was a means to rid the nation of misbehaving demagogues -- whether representatives, judges or presidents -- who gain control of either branch through charm and/or deceit.

In other words, character counts.

Congress has impeached 16 high officers of the federal government since the Constitution was adopted. The only president was Andrew Johnson, a Republican, in 1868 for dismissing Secretary of War Edwin Stanton, a Democrat. The trial by the Senate failed by one vote.

President Richard Nixon in 1974 was never charged with committing a crime. Yet, he avoided probable House impeachment and Senate trial by resigning when the House Judiciary Committee recommended three articles of misdemeanor. Foremost was obstruction of justice by lying about a “two-bit burglary” of the Democratic National Committee headquarters by eager subordinates.

The White House spin machine today sputters that the Starr report should not have been made public in its entirety. Nevertheless, having been released, the president should have had at least two days to prepare a rebuttal. Despite these claimed discourtesies, Lawyer David Kendall managed to write a 70-page disclaimer asserting the president didn’t commit any crimes.

Interestingly, Nixon was not charged with any crime. He was headed for impeachment on misdemeanors. Proof of these were dribbled out daily in Judiciary Committee hearings. The president was constantly playing catch up. The 60-page “road map” report by Watergate Special Prosecutor Leon Jaworski was kept secret and remains so today in the National Archives.

It is likely that today’s Judiciary Committee chaired by Rep. Henry Hyde also will conduct public hearings to deal with White House versions of events. Final action of the committee will be to recommend -- not adopt -- impeachment debate by the full House or dismissal of charges.

The House vote Friday morning gives some indication about how the political wind is blowing. The vote to empower the Judiciary Committee and put the independent counsel report on the internet immediately was 363 vs. 63.

Impeachment articles undoubtedly will be adopted by the House. A simple majority is all that is required, and Republicans enjoy a 21 seat advantage.

However, the large number of Democrats voting for the empowering resolution -- tacitly forecasting an impeachment recommendation -- suggests that Clinton will face trial by the Senate. In the latter venue, 67 votes will be required to convict.

Republicans have a 10-seat majority in the Senate. Twelve Democratic senators will have to vote conviction -- assuming all Republicans vote yea. Recent denouncements of Clinton by Senators Joe Lieberman, Bob Kerrey, Patrick Moynihan and Robert Byrd -- all Democrat heavyweights -- bodes big trouble for the president.

Partisans on both sides of the aisle should note that Starr has not closed up shop. He is still presenting evidence to the grand jury. This indicates that at least one indictment will be forthcoming. Whom ever that might be would face prison as well as disgrace.

As the weeks go on, resignation surely will grow to be the best option for the president.

By Lindsey Williams, columnist for Sun Coast Media Group newspapers