Paul Haagan, Professor of Law, Duke University School of Law 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 Patrick Hardin, Professor of Law, University of Tennessee College of Law Stanley D. Henderson, F.D.G. Ribble Professor of Law, University of Virginia 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 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 Cooley Howarth, Associate Professor of Law, University of Dayton 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 David Kairys, Professor of Law, Temple University School of Law Mark Kelman, William Nelson Cromwell Professor of Law, Stanford University 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 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 Robert Lusardi, Associate Dean and Professor of Law, Western New England Richard A. Matasar, Dean & Levin, Mabie & Levin Professor of Law, University of 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, Thomas R. McCoy, Professor of Law, Vanderbilt University Law School Carrie Menkel-Meadow, Professor of Law, Georgetown University Law Center Binney Miller, Professor of Law, Washington College of Law, American University 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 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, Terry A. O'Neill, Associate Professor, Tulane University 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 L. Ray Pattern, Pope Brock Professor of Law, University of Georgia 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 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 Andrzej Rapaczynski, Professor of Law, Columbia University School of Law 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 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 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 Laura Rovner, Assistant Professor of Law, Syracuse 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 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 Philip Schrag, Professor of Law, Georgetown University Law Center Jane Schukoske, Associate Professor of Law, University of Baltimore Marjorie M. Shultz, Professor of Law, University of California at Berkeley 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 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 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 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 Stephen Wizner, Willliam O. Douglas Clinical Professor, Yale 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 Benjamin C. Zipursky, Associate Professor of Law, Fordham University Note: Institutional affiliations for purposes of identification only. Hon. NEWT GINGRICH, Speaker, 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. |