High crimes and misdemeanors in the context of "Impeachment in the United Kingdom"

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⭐ Core Definition: High crimes and misdemeanors

The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds that more is expected of officials by their oaths of office.

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👉 High crimes and misdemeanors in the context of Impeachment in the United Kingdom

Impeachment is a process in which the Parliament of the United Kingdom may prosecute and try individuals, normally holders of public office, for high treason or other high crimes and misdemeanours. First used to try William Latimer, 4th Baron Latimer, during the English Good Parliament of 1376, it was a rare mechanism whereby Parliament was able to arrest and depose ministers of the Crown. The last impeachment was that of Henry Dundas, 1st Viscount Melville, in 1806; since then, other forms of democratic scrutiny (such as the doctrine of collective cabinet responsibility and the recalling of members of Parliament) have been favoured, and impeachment has been considered as an obsolete—but still extant—power of Parliament.

This is in contrast to several other countries, where impeachment developed into a means to try officeholders for various misdeeds and has become a common process to the present day.

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High crimes and misdemeanors in the context of Impeachment of Andrew Johnson

The impeachment of Andrew Johnson for "high crimes and misdemeanors" was initiated by the United States House of Representatives on February 24, 1868. The alleged high crimes and misdemeanors were afterwards specified in eleven articles of impeachment adopted by the House on March 2 and 3, 1868. The primary charge against Johnson was that he had violated the Tenure of Office Act. Specifically, that he had acted to remove Edwin Stanton from the position of Secretary of War and to replace him with Brevet Major General Lorenzo Thomas as secretary of war ad interim. The Tenure of Office Act had been passed by Congress in March 1867 over Johnson's veto with the primary intent of protecting Stanton from being fired without the Senate's consent. Stanton often sided with the Radical Republican faction and had a good relationship with Johnson.

Johnson was the first United States president to be impeached. After the House formally adopted the articles of impeachment, they forwarded them to the United States Senate for adjudication. The trial in the Senate began on March 5, with Chief Justice Salmon P. Chase presiding. On May 16, the Senate voted against convicting Johnson on one of the articles, with its 35–19 vote in favor of conviction falling one vote short of the necessary two-thirds majority. A 10-day recess of the Senate trial was called to before reconvening to convict him on additional articles. On May 26, the Senate voted against convicting the president on two more articles by margins identical to the first vote. After this, the trial was adjourned sine die without votes being held on the remaining eight articles of impeachment.

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High crimes and misdemeanors in the context of Impeachment process against Richard Nixon

The impeachment process against Richard Nixon was initiated by the United States House of Representatives on October 30, 1973, during the course of the Watergate scandal, when multiple resolutions calling for the impeachment of President Richard Nixon were introduced immediately following the series of high-level resignations and firings widely called the "Saturday Night Massacre". The House Committee on the Judiciary soon began an official investigation of the president's role in Watergate, and, in May 1974, commenced formal hearings on whether sufficient grounds existed to impeach Nixon of high crimes and misdemeanors under Article II, Section 4, of the United States Constitution. This investigation was undertaken one year after the United States Senate established the Select Committee on Presidential Campaign Activities to investigate the break-in at the Democratic National Committee headquarters at the Watergate office complex during the 1972 presidential election, and the Republican Nixon administration's attempted cover-up of its involvement; during those hearings the scope of the scandal became apparent and the existence of the Nixon White House tapes was revealed.

Following an April 1974 subpoena from the Judiciary Committee, edited transcripts of 42 taped White House conversations relevant to the Watergate cover-up were finally made public by Nixon. However, the committee pressed for the audio tapes themselves, and subsequently issued subpoenas for additional tapes, all of which Nixon had refused. That same month, Nixon also refused to comply with a subpoena from special prosecutor Leon Jaworski for 64 Watergate-related tapes. Ultimately, on July 24, 1974, the United States Supreme Court issued a unanimous decision against Nixon, which ordered him to comply. On May 9, 1974, formal hearings in the impeachment inquiry of Nixon began, culminating on July 27–30, 1974, when members of the Democratic-led Judiciary Committee eventually approved three articles of impeachment. These articles charged Nixon with: (1) obstruction of justice in attempting to impede the investigation of the Watergate break-in, protect those responsible, and conceal the existence of other illegal activities; (2) abuse of power by using the office of the presidency on multiple occasions, dating back to the first year of his administration (1969), to unlawfully use federal agencies, such as the Internal Revenue Service and the Federal Bureau of Investigation, as well as establishing a covert White House special investigative unit, to violate the constitutional rights of citizens and interfere with lawful investigations; and (3) contempt of Congress by refusing to comply with congressional subpoenas. These articles were reported to the House of Representatives for final action, with 7 of the committee's 17 Republicans joining all 21 of its Democrats in voting in favor of one or more of the articles. Two other articles were debated in committee but were rejected. Based on the strength of the evidence presented and the bipartisan support for the articles in committee, House leaders of both political parties concluded that Nixon's impeachment by the full House was a certainty if it reached the House floor for a final vote, and that his conviction in a Senate trial was a distinct possibility.

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