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Paul Haagan, Professor of Law, Duke University School of Law
Phoebe Haddon, Professor of Law, Temple University Law School
Mark M. Hager, Professor of Law, American University

Mark A. Hall, Professor of Law, Wake Forest University

Louise Halper, Associate Professor of Law, Washington & Lee University

Joel Handler, Richard C. Maxwell Professor of Law, UCLA School of Law

Ian Haney-Lopez, Acting Professor of Law, University of California at Berkeley
Henry Hansmann, Sam Harris Professor of Law, Yale University

Patrick Hardin, Professor of Law, University of Tennessee College of Law
Michael Harper, Professor of Law, Boston University School of Law
George C. Harris, Associate Professor, University of Utah College of Law
Jeffrey L. Harrison, Chesterfield Smith Professor of Law, University of Florida
William Burnett Harvey, Professor of Law Emeritus, Boston University
Thomas Lee Hazen, Cary C. Boshamer Professor of Law, University of North Caro-
lina

Stanley D. Henderson, F.D.G. Ribble Professor of Law, University of Virginia
Louis Henkin, Professor of Law, Columbia University Law School
Helen Hershkoff, Associate Professor of Law, New York University School
Randy Hertz, Professor of Clinical Law, New York University Law School
Michael Herz, Professor of Law, Cardozo School of Law

Stephen Hetcher, Professor of Law, Vanderbilt Law School

Richard Hiers, Professor of Religion & Affiliate Professor of Law, University of Florida

Robert Hillman, Edwin H. Woodruff Professor of Law, Cornell Law School
Rick Hills, Assistant Professor of Law, University of Michigan Law School
Kenneth Hirsch, Professor of Law, Duquesne University School of Law

Joan Heifetz Hollinger, Visiting Professor of Law, University of California at Berkeley

Donald T. Hornstein, Reef Ivey II Research Professor of Law, University of North
Carolina

Cooley Howarth, Associate Professor of Law, University of Dayton School of Law
Joan Howarth, Professor of Law, Golden Gate University School of Law
Joyce A. Hughes, Professor of Law, Northwestern University School of Law
Kyron Huigens, Assistant Professor of Law, Cardozo School of Law

Marina Hsieh, Acting Professor of Law, University of California, Berkeley

Eric Janus, Professor of Law, William Mitchell College of Law

William C. Jones, Charles F. Nagel Emeritus Professor of Law, Washington University School of Law

Emma Jordan, Professor of Law, Georgetown University Law Center

Thomas M. Jorde, Professor of Law, University of California at Berkeley

Sanford H. Kadish, Professor of Law Emeritus, University of California at Berkeley Robert A. Kagan, Professor of Law and Political Science, University of California at Berkeley

Dan Kahan, Professor of Law, University of Chicago Law School

Faith Stevelman Kahn, Professor of Corporations and Business Law, New York Law
School

David Kairys, Professor of Law, Temple University School of Law
Bill L. Kaplin, Professor of Law, Catholic University Law School
Kenneth Karst, David G. Price & Dallas P. Price Professor of Law, UCLA
Blair S. Kauffman, Professor of Law, Yale University

Mark Kelman, William Nelson Cromwell Professor of Law, Stanford University
Nancy Kenderdine, Professor of Law, Oklahoma City University School of Law
Robert B. Kent, Professor of Law Emeritus, Cornell University School of Law
John M. Kernochan, Nash Professor Emeritus of Law, Columbia University
Kits Kinports, Professor of Law, University of Illinois College of Law
Lawrence P. King, Charles Seligson Professor of Law, New York University
Lewis A. Kornhauser, Professor of Law, New York University
Lawrence Kramer, Professor of Law, New York University
Kenneth Kreiling, Professor of Law, Vermont School of Law
Seth F. Kreimer, Professor of Law, University of Pennsylvania

Robert R. Kuehn, Professor of Clinical Law, Tulane University

Paul M. Kurtz, J. Alton Hosch Professor of Law, University of Georgia

D. Bruce La Pierre, Professor of Law, Washington University

Pnina Lahav, Professor of Law, Boston University School of Law

Sylvia A. Law, Elizabeth K. Dollard Professor of Law, Medicine and Psychiatry,

New York University Law School

Charles Lawrence, Professor of Law, Georgetown University Law Center

Frederick M. Lawrence, Associate Dean and Professor of Law, Boston University School of Law

Michael Lawrence, Professor of Law, Detroit College of Law at Michigan State University

Douglas Laycock, Alice McKean Young Regents Chair and Professor of Law, University of Texas School of Law

Richard Lazarus, Professor of Law, Georgetown University Law Center
Robert N. Leaval, Alumni Professor of Law (Emeritus), University of Georgia

Stephen H. Legomsky, Nagel Professor of International & Comparative Law, Washington University

Lisa G. Lerman, Associate Professor and Director, Law and Public Policy Program, Catholic University Law School

Howard Lesnick, Jefferson B. Fordham Professor of Law, University of Pennsylvania

Lawrence Lessig, Professor of Law, Harvard University Law School

Ronald M. Levin, Professor of Law, Washington University

Neil M. Levy, Professor of Law, Golden Gate University School of Law

Lyrissa Lidsky, Associate Professsor of Law, University of Florida College of Law Laura Little, Professor of Law, Temple University School of Law

Arnold H. Loewy, Graham Kenan Professor of Law, University of North Carolina Sara Jane Love, Professor of Law, University of Georgia School of Law

David Luban, Frederick J. Haas Professor of Law & Ethics, Georgetown University Law Center

Jeffrey S. Lubbers, Visiting Associate Professor, Washington College of Law, American University

William V. Luneberg, Professor of Law, University of Pittsburgh School of Law
Ira C. Lupu, Louis Harkey Mayo Research Professor of Law, George Washington
University Law School

Robert Lusardi, Associate Dean and Professor of Law, Western New England
Gerald E. Lynch, Paul J. Kellner Professor of Law, Columbia University
Holly Maguigan, Professor of Clinical Law, New York University Law School
Pedro A. Malavet, Assistant Professor, University of Florida College of Law
Bruce H. Mann, Professor of Law and History, University of Pennsylvania
Burke Marshall, Nicholas deB. Katzenbach Professor Emeritus, Yale University
Lawrence C. Marshall, Professor of Law, Northwestern University Law School
William Marshall, Professor of Law, Northwestern University Law School
Elena Marty-Nelson, Professor of Law, Nova Southeastern University
Jerry Mashaw, Sterling Professor of Law, Yale University

Richard A. Matasar, Dean & Levin, Mabie & Levin Professor of Law, University of
Florida College of Law

Marl Matsuda, Professor of Law, Georgetown University Law Center

Diane Mazur, Associate Professor of Law, University of Florida College of Law

Richard McAdams, Professor of Law, Boston University School of Law

Patricia A. McCoy, Associate Professor of Law, Cleveland-Marshall College of Law,
Cleveland State University

Thomas R. McCoy, Professor of Law, Vanderbilt University Law School
Paul R. McDaniel, Professor of Law, New York University Law School
William McGovern, Professor of Law Emeritus, UCLA Law School
Joan S. Meier, Professor of Clinical Law, George Washington University
Peter Menell, Professor of Law, University of California at Berkeley

Carrie Menkel-Meadow, Professor of Law, Georgetown University Law Center
Vanessa Mercer, Associate Dean and Professor of Law, Pace University
Richard Merrill, Daniel Caplin Professor of Law, University of Virginia
Michael J. Meurer, Professor of Law, Boston University School of Law
Philip Meyer, Professor of Law, Vermont School of Law

Binney Miller, Professor of Law, Washington College of Law, American University
Marc L. Miller, Professor of Law, Emory University School of Law

Martha Minow, Professor of Law, Harvard University School of Law

Wallace J. Mlyniec, Lupo Ricci Professor of Law and Associate Dean, Georgetown University Law Center

Nancy Morawetz, Professor of Clinical Law, New York University Law School

Denise C. Morgan, Associate Professor, New York Law School

Muriel Morisey, Associate Professor of Law, Temple University School of Law

Robert Mosteller, Professor of Law, Duke University School of Law

Arthur W. Murphy, Professor Emeritus of Law, Columbia University Law School William P. Murphy, Henry Brandis Professor of Law Emeritus, University of North Carolina

Eleanor Myers, Associate Professor of Law, Temple University Law School

Thomas Nagel, Professor of Philosophy and Law, New York University
Winston P. Nagen, Professor of Law, University of Florida College of Law
Gerald L. Neuman, Herbert Wechsler Professor of Federal Jurisprudence, Columbia
University Law School

Kenneth Nunn, Professor of Law, University of Florida College of Law

John E. Nowak, David C. Baum Professor of Law, University of Illinois

Robert L. Oakley, Professor of Law and Director of the Law Library, Georgetown University Law Center

Michael Oberst, Professor of Law, University of Florida College of Law

Edward D. Ohlbaum, Professor of Law and Director of Clinical Legal Education, Temple University Law School

James Oldham, Professor of Law, Georgetown University Law Center

Frances Olsen, Overseas Fellow, Churchill College, Cambridge Professor of Law,
UCLA

Terry A. O'Neill, Associate Professor, Tulane University School of Law
Patrick Parenteau, Professor of Law, Vermont School of Law

John Parry, Assistant Professor of Law, University of Pittsburgh School of Law

Dan Partan, R. Gordon Butler Scholar-in-Law and Professor of Law, Boston University School of Law

Elizabeth H. Patterson, Associate Professor of Law, Georgetown University Law
Center

L. Ray Pattern, Pope Brock Professor of Law, University of Georgia
Stephen L. Pepper, Professor of Law, University of Denver School of Law
Juan F. Perea, Professor of Law, University of Florida College of Law
Donald Peters, Professor of Law, University of Florida College of Law

Nancy D. Polikoff, Professor of Law, Washington College of Law, American University

Daniel H. Pollitt, Graham Kenan Professor of Law Emeritus, University of North Carolina

Andrew F. Popper, Professor of Law, Washington College of Law, American University

Robert Post, Alexander F. & May T. Morrison Professor of Law, University of California at Berkeley

J.L. Pottenger, Nathan Baker Clinical Professor and Director, Yale University
Charles R.P. Pouncy, Associate Professor of Law, University of Florida
Catherine Powell, Associate Professor of Law, Columbia Law School

Walter Probert, Professor of Law, University of Florida College of Law

E. Ann Puckett, Professor of Law and Director of Law Library, University of Georgia School of Law

James C. Quarles, Professor of Law, University of Florida College of Law

Robert L. Rabin, Professor of Law, A. Calder Mackay Professor of Law, Stanford
University Law School

Andrzej Rapaczynski, Professor of Law, Columbia University School of Law
Alice A. Ratliff, Clinical Professor of Law, University of North Carolina
Mitt Regan, Professor of Law, Georgetown University Law Center

Joel R. Reidenberg, Professor of Law, Fordham University School of Law

Arnold W. Reitze, Jr., J.B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University Law School

John Reitz, Professor of Law, University of Iowa College of Law

Jeffrey T. Renz, Assistant Professor, University of Montana School of Law
Judith Resnik, Arthur L. Liman Professor, Yale University

Wilhelmina M. Reuben-Cooke, Professor of Law, Syracuse University

Paula R. Rhodes, Associate Professor, University of Denver College of Law

William D. Rich, Associate Professor of Law, University of Akron

David A.J. Richards, Edwin J. Webb Professor of Law, New York University

Ira P. Robbins, Barnard T. Welsh Scholar and Professor of Law and Justice, Washington College of Law, American University

Gary R. Roberts, Professor of Law, Tulane University

John C. Roberts, Professor of Law and Dean Emeritus, DePaul University
Florence Wagman Roisman, Associate Professor, Indiana University

Celina Romany, Professor of Law, City University of New York

Michael Rooke-Ley, Visiting Professor of Law, Willamette University

Carol Rose, Gordon Bradford Tweedy Professor of Law, Yale University

Charles P. Rose, Professor of Law, Wake Forest University

Jeffrey Rosen, Associate Professor of Law, George Washington University

Richard Rosen, Professor of Law, University of North Carolina

Michel Rosenfeld, Justice Sidney L. Robins Professor of Human Rights, Cardozo School of Law, Yeshiva University

Arthur Rosett, Professor of Law, UCLA Law School

Stephen F. Ross, Professor of Law, University of Illinois College of Law
Susan Deller Ross, Professor of Law, Georgetown University Law Center
Paul Rothstein, Professor of Law, Georgetown University Law Center

Laura Rovner, Assistant Professor of Law, Syracuse University School of Law
Tom Rowe, Professor of Law, Duke University School of Law

Jed Rubenfeld, Professor of Law, Yale University Law School

Peter J. Rubin, Visiting Associate Professor of Law, Georgetown University Law Center

Sharon Rush, Irving Cypen Professor of Law, University of Florida

Michael Rusted, Professor of Law, Suffolk University Law School

Susan Rutberg, Associate Professor, Golden Gate University School of Law

George Rutherglen, O.M. Vicars Professor of Law, University of Virginia

Stephen A. Saltzburg, Howrey Professor of Trial Advocacy, Litigation and Professional Responsibility, George Washington University Law School

Kenneth Salzberg, Associate Professor of Law, Hamline University

Leslie Salzman, Associate Clinical Professor of Law, Cardozo School of Law
Pam Samuelson, Professor of Law, University of California at Berkeley

Richard H. Sander, Professor of Law, UCLA

Thomas Sargentich, Professor of Law, Washington School of Law, American University

Gail Sassnett, Associate Dean for Students, University of Florida College of Law
Shelley Ross Saxer, Associate Professor of Law, Pepperdine School of Law
Robert Schapiro, Associate Professor of Law, Emory University School of Law
Barbara Schatz, Clinical Professor of Law, Columbia University Law School
Kim L. Scheppele, Professor of Law, Political Science, and Sociology, University of
Pennsylvania

Philip Schrag, Professor of Law, Georgetown University Law Center
Christopher Schroeder, Professor of Law, Duke University School of Law
Vicki Schultz, Professor of Law, Yale University

Jane Schukoske, Associate Professor of Law, University of Baltimore
Joshua I. Schwartz, Professor of Law, George Washington University
Helen Scott, Professor of Law, New York University School of Law
David J. Seipp, Professor of Law, Boston University School of Law
Michael Selmi, Associate Professor, George Washington Law School
Peter M. Shane, Professor of Law, University of Pittsburgh School of Law
Howard Shelanski, Acting Professor of Law, University of California at Berkeley
Suzanna Sherry, Earl R. Larson Professor of Law, University of Minnesota
David P. Shores, Professor of Law, Wake Forest University

Marjorie M. Shultz, Professor of Law, University of California at Berkeley
Reva Siegel, Professor of Law, Yale University Law School

John Simon, Augustus Lines Professor of Law, Yale University

Eric S. Sirulnik, Professor of Law, George Washington University Law School Jerome H. Skolnick, Claire Clements Dean's Professor Emeritus, University of California Berkeley; now Professor of Law, New York University

Abbe Smith, Visiting Associate Professor of Law, Georgetown University Law Cen

ter

Robert Solomon, Clinical Professor of Law, Yale University

Jane M. Spinak, Edward Ross Aranow Clinical Professor of Law, Columbia University Law School

Theodore St. Antoine, Professor of Law Emeritus, University of Michigan
Barbara Stark, Professor of Law, University of Tennessee College of Law
Carol S. Steiker, Professor of Law, Harvard University Law School
Gregory M. Stein, Associate Professor of Law, University of Tennessee
Henry Steiner, Jeremiah Smith, Jr. Professor of Law, Harvard Law School
John-Mark Stensvaag, Professor of Law, University of Iowa College of Law
Pamela J. Stephens, Professor of Law, Vermont Law School

Marc Stickgold, Professor of Law, Golden Gate University School of Law

Geoffrey R. Stone, Harry Kalven, Jr. Dist. Serv. Professor & Provost, University of Chicago Law School

Kelly Strader, Professor of Law, Southwestern School of Law

Peter L. Strauss, Betts Professor of Law, Columbia University Law School

Harry Subin, Professor of Law, New York University Law School

Allen Sultan, Professor of Law, University of Dayton

Cass Sunstein, Karl Llewelyn Professor of Jurisprudence, University of Chicago
Eleanor Swift, Professor of Law, University of California at Berkeley

Nina W. Tarr, Professor of Law, University of Illinois School of Law

Grace W. "Betty" Taylor, Clarence J. TeSelle Professor of Law and Director of the Legal Information Center, University of Florida College of Law

Kendall Thomas, Professor of Law, Columbia University Law School

Karen Tokarz, Professor and Director of Clinical Education, Washington University Laurence H. Tribe, Tyler Professor of Constitutional Law, Harvard University William Turnier, Willie Person Mangum Professor of Law, University of North Caro

lina

Mary Poe Twitchell, Professor of Law, University of Florida College of Law
Laura Underkuffler, Professor of Law, Duke University School of Law
Frank K. Upham, Professor of Law, New York University Law School
Richard Uvillar, Professor of Law, Columbia University School of Law
Francisco Valdes, Professor of Law, University of Miami School of Law
Joan Vogel, Professor of Law, Vermont Law School

Valorie K. Vojdik, Assistant Professor of Law, Western New England College

Letti Volpp, Åssistant Professor of Law, Washington College of Law, American University

Heathcote W. Wales, Associate Professor of Law, Georgetown University Law Center

Camilla E. Watson, Professor of Law, University of Georgia School of Law
Jonathan Weinberg, Associate Professor of Law, Wayne State University
Edith Brown Weiss, Professor of Law, Georgetown University Law Center
Charles D. Weisselberg, Professor of Law, University of California at Berkeley
Richard Wellman, Alston Professor of Law Emeritus, University of Georgia
Robin West, Professor of Law, Georgetown University Law Center
Leila Sadat Wexler, Professor of Law, Washington University School of Law
Stephanie M. Wildman, Visiting Professor of Law, Santa Clara School of Law
Wendy Williams, Professor of Law, Georgetown University Law Center
John P. Wilson, Professor of Law and former Dean, Golden Gate University
Richard J. Wilson, Professor of Law, American University
James L. Winokur, Professor of Law, University of Denver

Stephen Wizner, Willliam O. Douglas Clinical Professor, Yale University
Danaya Wright, Assistant Professor of Law, University of Florida
Ronald F. Wright, Professor of Law, Wake Forest University

Arthur D. Wolf, Professor of Law, Western New England College

Charles M. Yablon, Professor of Law, Cardozo School of Law

Diane Zimmerman, Professor of Law, New York University Law School
Franklin Zimring, William G. Simon Professor of Law, University of California at
Berkeley

Benjamin C. Zipursky, Associate Professor of Law, Fordham University

Note: Institutional affiliations for purposes of identification only.

Hon. NEWT GINGRICH, Speaker,
U.S. House of Representatives.

OCTOBER 2, 1998.

DEAR MR. SPEAKER: Did President Clinton commit "high Crimes and Misdemeanors" for which he may properly be impeached? We, the undersigned professors of law, believe that the misconduct alleged in the Independent Counsel's report does not cross that threshold.

We write neither as Democrats nor as Republicans. Some of us believe that the President has acted disgracefully, some that the Independent Counsel has. This letter has nothing to do with any such judgments. Rather, it expresses the one judgment on which we all agree: that the Independent Counsel's report does not make a case for presidential impeachment.

No existing judicial precedents bind Congress's determination of the meaning of "high Crimes and Misdemeanors." But it is clear that Members of Congress would violate their constitutional responsibilities if they sought to impeach and remove the President merely for conduct of which they disapproved.

The President's independence from Congress is fundamental to the American structure of government. It is essential to the separation of powers. It is essential to the President's ability to discharge such constitutional duties as vetoing legislation that he considers contrary to the nation's interests. And it is essential to governance whenever the White House belongs to a party different from that which controls the Capitol. The lower the threshold for impeachment, the weaker the President. If the President could be removed for any conduct of which Congress disapproved, this fundamental element of our democracy—the President's independence from Congress-would be destroyed.

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