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Clinton Impeachment Trial
For only the second time in U.S. history, the Senate in 1999 sat in judgment of a president—Bill Clinton—to determine whether he should be removed from office. Unlike the first president to face an impeachment trial—Andrew Johnson, who in 1868 escaped removal by a single Senate vote— the outcome of Clinton's fate was never seriously in doubt. In fact, at the end of the five-week trial presided over by the Supreme Court's chief justice William Rehnquist, the Senate could not muster even a simple majority to convict Clinton when it voted on the two articles of impeachment.
Under the Constitution, a supermajority of two-thirds of all senators present is necessary to convict and remove a president. In the present Senate, this amounts to sixty-seven senators. The Republican-controlled Senate's failure to get any Democrats to vote to convict their party's popular president was foreshadowed by the bitterly partisan impeachment hearings and vote in the House of Representatives, which adopted the articles against Clinton on December 19, 1998, with the support of only a handful of Democrats. The impeachment effort begun against Richard Nixon in 1974 was considered to have been much more likely to succeed because it had broad bipartisan support. Nixon resigned before the House could impeach him for his role in the Watergate crimes and cover-up.
Independent Counsel
The impeachment of President Clinton arose out of the findings of an independent counsel—Kenneth W. Starr, a former Republican U.S. solicitor general. Starr was appointed in 1994 to investigate Whitewater, a tangled web of political and financial relationships involving an Arkansas land investment by then-governor Clinton and his wife, Hillary Rodham Clinton, in the 1970s and 1980s. The investigation subsequently widened to cover the 1993 firing of White House Travel Office employees and the White House's requests in 1993 and 1994 for hundreds of Federal Bureau of Investigation (FBI) files on former Republican administration officials. Then, in January 1998, Starr received authorization to broaden his probe to include allegations that Clinton had had an extramarital affair with then-twenty-two-year-old White House intern Monica S. Lewinsky, lied about it under oath, and urged her to lie about it under oath. When the allegations became public that month, Clinton quickly and vehemently denied all charges.
Clinton had said he did not have a sexual relationship with Lewinsky in a January 1998 civil deposition in a sexual harassment lawsuit brought against him by former Arkansas state employee Paula Corbin Jones. Lewinsky had signed an affidavit in that case, also denying a sexual relationship with Clinton. The Supreme Court in Clinton v. Jones had allowed that case to go forward when it decided in May 1997 that a sitting president could face civil charges. Starr used Clinton's deposition in his investigation, even though the judge in the Jones case deemed the Lewinsky portion of it immaterial and eventually dismissed the civil suit.
Closer Look
The impeachment trial of President Bill Clinton in 1999 was only the second in the United States of a chief executive. Unlike the earlier one—of President Andrew Johnson in 1868 that was tied to reconstruction in the South after the Civil War—the outcome of the Clinton trial was never in doubt, leaving many observers wondering why Republicans pursued it so aggressively. In the Senate trial following House approval of impeachment articles, the Republican prosecution could not even muster a majority in favor of any of the charges, much less the two-thirds majority needed for conviction. One other presidential impeachment effort, against Richard M. Nixon, never got to trial because Nixon resigned the office in the face of almost certain conviction and removal from the White House.
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