Anglais juridique

Introduction to the british and American institutions

Lecture 1 : Impeachment in the US

- The Impeachment Process

→ In November 2016, the news US president was elected

→ He was very unpopular from the start: it took 8 days for more than 50 % of citizens to disapprove of his presidency, while it normally takes hundreds of days

→ Many protesters expressed how much they wanted Trump

One question came up repeatedly: How long will he stay of the White House?

→ Some argued Trump wasn’t really interested in the job and would resign before the en of his term. (CNN)

→ However, most believed that he would get kicked out at some point

→ The question is, is that even possible, legal speaking?

→ The answer is yes.

→In the US, there is a little something called IMPEACHMENT 

What is impeachment?

→ It is the process by which a legislative body brings charges against a high official of government

 The impeachment process* la procédure de destitution

→When someone is impeached, it doesn’t mean they are fired: it is only the first step, the accusation.

→ At the federal level, the power of impeachment is in the hand of the House of Representatives

→ A simple majority is needed to move on the second step, the trial

→ The US Senate has the sole power of deciding whether the accused should be removed or not.

→ US Constitution requires a two-thirds majority for conviction

→ The removal of impeached officials is automatic, there is no possibility of appeal.

→ Impeachment trials for the President are presided over by the Chief Justice of the Suprem Court.

WARNING !

→ While the second step of impeachment has the form of a normal trial, its a political trial, not a criminal one : the only consequences is that you «  lose your job »

→ However, criminal courts may try and punish officials if they have commited crimes

Why did Americans create the possibility of impeachment ?

→Its intended to protect the nations and its citizens by removing officials that abuse their power

→ Benjamin Franklin once noted that this was historically accomplished by assassination and suggested that a more legal mechanism would be preferable…

Why did Americans divide impeachment into two steps ?

→ It was, once again, to limit the power of a single group of people (here, the Rpsentative power to kick out the President)

→ Getting anything important donc in the US typically requires the cooperation of more than one branch of government

   → This respects the principle of the separation of powers

        → Very strictly observed in the American political system

What type of act may lead to impeachment ?

→ Article II of the Constitution : Treason,Bribery or other High Crimes and Misdemeanors

→ The expression other High Crimes and Misdemeanors is deliberately vague to cover all potential crimes that an official might commit.

Have US President ever been impeached ?

→ Only three presidents have been invoolved in and impeachment case : Andrew Johnson ( 1868) Richard Nixon (1974) Bill Clinton ( 1998)

→ Only J. and C . were successfully impeached but both of them were found not guitly by the Senate

Does it mean impeachment is useless ?

→ NO : Sometimes, the threat of impeachment is enough

→ The best example is the greates scandal in US political history…

The Watergate

Background

→ In 1969, R.Nixion became the 37th president of the US.

→ Member of the Republican Party

→ In 1972 Nixon decided he would run for a second term

→ Nixon was ahead of the race during the whole compaign

→ Things were going very well unty June 1972

What happened in June 1972 ?

→ The Watergate complex is a group of buildings in Washington where the Democration National Committee was located

→ That was were the Democrats organized their presidential campaign.

A few minute after midnight a security guard noticed tape covering the latches on some of the doors.

→ Three policemen entered the Watergate and saw some light on the 5th floor

→ Five men were arrested in the DNC headquarters.

→ They clearly didnt look like ordinary burglars… (cambrioleur)  

→ They were all in their 40s and 50s

→ There wasnt much to steal : it was only an office

→ They were wearing rather elegant suits but also surgical gloves

In their bag they had :

→ Cameras

→ rolls of unused film

→ a walkie-talkie

→ 2,300dolls in 100dolls bills with serial numbers in sequence

The investigation

→ The day after the burgalry, two inexperienced Washington  Post reporters were assigned to the story

→ Bob Woodward and Carl Bernstein ( BnW) had a advantage : a secret informant in the FBI, nicknamed « Deep Throat »

→ The Post revealted that the FBI found a link between the bruglars and the White House

→ One of five men, James McCord was a former CIA Aagent

→ At time of the arrest, he wa a security man for Nixon’s Committee to Re-elect the President ( CRP)

→President Nixon denied any White House involvement in this «  third-rate » burgalry attempt.

→ WnB started to follow the money

→ They found that a 25,000dolls check in the one of the burgalrs’ bank accounts came from the CRP

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