Impeachment: Whose Stain?

By Stanley I. Kutler

This article appeared in the November 13, 2000 edition of The Nation.

October 26, 2000

Impeachment trials have notably lacked drama or even importance. Often, they have been an anticlimax to the convulsive events that precipitated them. Andrew Johnson's trial extended over several months and was a tepid sideshow to the profound political and legal struggles that marked Reconstruction. The British Parliament considered Warren Hastings's fate sporadically for eight years after he was impeached for his mismanagement of India policies, a subject heatedly debated for decades. The constitutional stakes sometimes appear high, but impeachment is essentially a quasi-legal extension of politics.

The impeachment and trial of William Jefferson Clinton followed form. Here was a proceeding whose remarkable moments seem in retrospect to be Robert Byrd's bombastic oratory, Arlen Specter's idiosyncratic attempt to import Scottish law by rendering a verdict of "Not Proven," Henry Hyde's ongoing fits of pique toward the Senate and misguided media speculations about "concessions" and "compromise" after one of the House managers of the proceeding, Lindsey Graham, lightened up and said "reasonable people can disagree." Most senators even followed a script for their questions, asking ones planted by the lawyers or the leadership. The affair had all the spontaneity of a Pointillist painting.

Jeffrey Toobin's A Vast Conspiracy and Joe Conason and Gene Lyons's The Hunting of the President treat impeachment briefly as a mere coda to earlier stories of alleged presidential wrongdoing. Both books recognize that the interesting and important political story centered on the assault against Clinton, which had gathered momentum after his election in 1992. That story was unscripted and owed more to accident and inadvertence than to design. The President and his wife were accused, among other things, of crooked land deals, suspected insider commodity trading, drug-running and complicity in the murder of a presidential-assistant-cum-alleged-paramour, Vincent Foster. Finally, we had the National Dirty Joke. The Toobin and Conason/Lyons books essentially tell the same story, and tell it rather well.

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About Stanley I. Kutler

Stanley I. Kutler is the author of The Wars of Watergate (Norton). more...
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