Defining 'Crimes And Misdemeanors'

Now that independent counsel Kenneth Starr has sent his Whitewater report to Congress, the House Judiciary Committee may soon face the difficult task of determining whether President Clinton engaged in criminal conduct, by the uncertain terms of the Constitution.

During his criminal investigation of the president, Starr was trying to determine whether Mr. Clinton obstructed justice by allegedly encouraging former White House intern Monica Lewinsky to cover up evidence of their affair. While it is not yet known what details Starr's report contains, the president did reverse himself on Aug. 17 by admitting that he had an "inappropriate relationship" with Lewinsky.

According to the Constitution, impeachable offenses include "treason, bribery, or other high crimes and misdemeanors," without further definition.

"'High crimes and misdemeanors' was not clearly defined by the drafters, because it was controversial," explains Jonathan Turley, a law professor at George Washington University.

"The drafters came close to blows over this issue. So it's ironic that it was as controversial back then as it is today. So Congress will have to decide if what this president did was a high crime or misdemeanor, according to our standards and values."

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In addition to reviewing prosecutors' evidence, the committee, led by Illinois Republican Henry Hyde, could take depositions, issue subpoenas, and conduct hearings. If the committee decides that a formal inquiry is warranted, it would seek a House vote to authorize such an investigation.

The objective would be to develop articles of impeachment that the Senate would use during a trial to justify the president's removal from office. These articles, similar to an indictment, would be sent to the full House. For them to go before the Senate, the House would have to approve the articles by majority vote.

However, the president also can be impeached for noncriminal acts.

"Some have argued that one of the president's violations is moral turpitude... That is something you'll hear a lot about," Turley says.

In the case of Richard Nixon, the House Judiciary Committee approved articles of impeachment charging Nixon with obstruction of justice in connection with the Watergate scandal, abuse of presidential powers and attempting to impede he impeachment process by defying subpoenas for evidence. Nixon resigned before they were acted on by the full House.

Still, impeachment does not necessarily mean removal from office. After the House approves articles of impeachment, the decision is in the hands of the Senate. The Senate, which holds an actual trial and decides whether the president is guilty, is the division of government that can hand down a penalty, if necessary.

"That penalty could be removal or it could be nothing," Turley says.

Turley, who testified in the Senate Wednesday, warns lawmakers that the decision itself, is not political:

"It's a principle decision, and that makes it sometimes very difficult because even though the president is from your party, the Constitution gives you an important responsibility to make a decision for the best interest of the nation and not necessarily your own party or even yourself."