No Impeachable Offenses

ADA resolves:

 

That sufficient evidence has now been presented by the Office of the Independent Counsel to dispose rapidly of the issues that have been raised against President Clinton. This question can and should be resolved by the House of Representatives before the November 4th elections.

 

That the evidence and information publicly revealed to date, including the report of the Independent Counsel and his allegations of obstruction of justice and perjury, fail to establish any conduct that meets the Constitutional standard of "treason, bribery, or other high crimes and misdemeanors." On the evidence, the accusations of obstruction of justice and perjury are without merit and would not be brought by a reasonable prosecutor against any common citizen.

 

Had the Independent Counsel found credible evidence of "treason, bribery, or other high crimes and misdemeanors" in any other aspect of his investigation, including Whitewater, he would have included them in his allegations of impeachable conduct. Moreover, the later release of certain exculpatory materials from the testimony tends to undermine the assertions in the Independent Counsel's report, casting grave doubt on the fairness of the latter.

 

ADA further believes that any impeachment proceeding is only legitimate in the eyes of the American public if the charges are so serious, and so strongly supported by the evidence, that a large majority of members of both parties come to believe in their validity -- as happened in the matter of President Nixon in 1974.

 

To pursue the removal of the President along substantially partisan lines and on the present evidence, would, in effect, undermine our Constitutional system, replacing the solemn standard of "treason, bribery, or other high crimes and misdemeanors" with the parliamentary one of "no confidence." Absent formal Constitutional change altering many other aspects of our system, this would be a dangerous and reckless development.

 

ADA has spoken separately on the misconduct of the President, which he has admitted, and will continue to speak on the conduct of all parties to this process. But since the evidence manifestly does not support any bipartisan finding of "treason, bribery, or other high crimes and misdemeanors," the case for impeachment should be closed.

 

ADA, therefore, calls on the House Judiciary Committee to vote against opening a formal impeachment inquiry. If any inquiry is opened and pursued on the evidence and charges presently available, we call on the full House to reject articles of impeachment. And, if a willful band of legislators presses forward in their determination to oust this President from office, we call on the voters of America to protect the Constitution of the United States, first and foremost, at the elections in November of this year.

Read the NYC ADA letter to the NYC Congressional delegation.

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