The Controversial Transition Process from Investigating the President to Impeaching Him

St. John's Journal of Legal Commentary, Vol. 14, p. 111, 1999

25 Pages Posted: 19 Mar 2009

See all articles by Charles Tiefer

Charles Tiefer

University of Baltimore - School of Law

Date Written: Summer 1999

Abstract

In the decade preceding the impeachment of President Clinton, Congressional committees and independent counsels reshaped the presidential impeachment process. During that time, these committees and counsels, through intense and thorough investigations, created "The specially investigated President", a new legal status conferred upon the subject of examination. In this article, the author explores the legal and political consequences of President Clinton's impeachment, particularly Congress' transition from investigating the President to impeaching him. Analyzing the basic elements of the transition process from the viewpoints of Clinton "accusers" and "defenders," the author offers insight into how the two groups shaped and viewed the changing investigative and impeachment process. In so doing, he demonstrates how the Clinton impeachment process worked to reorient both the relationship between the branches of government and the interaction between criminal justice and politics. Although the issue of whether impeachment questions should be resolved by strict adherence to the constitution or through public debate remains unanswered, the author brings this debate to the forefront.

Keywords: impeachment, "specially investigated president," President Clinton, Kenneth Starr, Independent Counsel, House Judiciary Committee, Monica Lewinsky, Jones v. Clinton, Linda Tripp, perjury, Impeachment Clause

JEL Classification: K39, H19, H89

Suggested Citation

Tiefer, Charles, The Controversial Transition Process from Investigating the President to Impeaching Him (Summer 1999). St. John's Journal of Legal Commentary, Vol. 14, p. 111, 1999, Available at SSRN: https://ssrn.com/abstract=1363818

Charles Tiefer (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21201
United States

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