An Affair of State : The Investigation, Impeachment, and Trial of President Clinton

President Bill Clinton's year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict. In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran-Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner's experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton's impeachment ordeal. Title Page......Page 4 Contents......Page 6 Dramatis Personae......Page 8 Chronology......Page 10 Introduction......Page 14 The Facts......Page 29 The Violations of Law......Page 47 Adultery, Sodomy, and Harassment......Page 48 Obstruction of Justice......Page 49 Improperly Influencing Witnesses......Page 51 Perjury......Page 57 Clinton’s Offenses: A Summary......Page 65 The Accuracy of the Articles of Impeachment......Page 69 2 / Prosecution and Defense......Page 72 The Conduct of Starr’s Investigation and His Link to the Jones Suit......Page 73 The Starr Report and the Question of Privacy......Page 91 The Question of Prosecutorial Discretion......Page 96 Call Me Bubula......Page 100 History and Scope......Page 108 Prosecution and Pardon......Page 118 The Specter of Political Impeachment......Page 122 Procedural Issues Raised by the Impeachment and the Trial......Page 133 4 / Morality, Private and Public......Page 146 Private Morality......Page 148 Executive Moral Duties......Page 161 Redemption by Achievement?......Page 172 No Shortcuts to the Answer......Page 183 An Analysis of Consequences......Page 187 Rigorism, Pragmatism, and Populism......Page 196 Proportionality and Alternative Punishments......Page 200 6 / The Kulturkampf......Page 212 The Failure of Legal Reasoning......Page 230 Morrison v.Olson......Page 233 Clinton v.Jones......Page 238 Theory’s Debacle......Page 243 The Legal Profession: Not Its Finest Hour......Page 253 The Media......Page 259 War by Another Name......Page 261 8 / The Balance Sheet......Page 275 Acknowledgments......Page 280 Index......Page 282 President Clinton's Year Of Crisis, Which Began When His Affair With Monica Lewinsky Hit The Front Pages In January 1998, Engendered A Host Of Important Questions Of Criminal And Constitutional Law, Public And Private Morality, And Political And Cultural Conflict.--jacket. In A Book Written While The Events Of The Year Were Unfolding, Richard Posner Presents A Balanced And Scholarly Understanding Of The Crisis. Posner Clarifies The Issues And Eliminates Misunderstandings Concerning The Facts And The Law That Were Relevant To The Investigation By Independent Counsel Kenneth Starr And To The Impeachment Proceeding Itself. He Compares And Contrasts The Clinton Affair With Watergate, Iran-contra, And The Impeachment Of Andrew Johnson, Exploring The Subtle Relationship Between Public And Private Morality. He Examines The Place Of Impeachment In The American Constitutional Scheme, The Pros And Cons Of Impeaching President Clinton, And The Major Procedural Issues Raised By Both The Impeachment In The House And The Trial In The Senate.--jacket. The President's Conduct -- Prosecution And Defense -- The History, Scope, And Form Of Impeachment -- Morality, Private And Public -- Should President Clinton Have Been Impeached, And If Impeached Convicted? -- The Kulturkampf -- Lessons For The Future -- The Balance Sheet. Richard A. Posner. Includes Bibliographical References And Index. "President Clinton's Year of Crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict."--BOOK JACKET. "In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis. Posner clarifies the issues and eliminates misunderstandings concerning the facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He compares and contrasts the Clinton affair with Watergate, Iran-Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. He examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate."--BOOK JACKET. In a book written while the events were unfolding, Richard Posner presents a balanced and scholarly understanding of President Clinton's year of crisis which began when his affair with Monica Lewinsky hit the front pages in January 1998. With the freshness and immediacy of journalism, Posner clarifies the issues involved, carefully assesses the conduct of Independent Counsel Kenneth Starr, and examines the pros and cons of impeaching President Clinton as well as the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner's experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton's impeachment ordeal The year-long political, legal, constitutional, and cultural struggle that began on January 21, 1998, when the world learned that Independent Counsel Kenneth Starr was investigating charges that President Clinton had committed perjury and other crimes of obstruction of justice (primarily subornation of perjury and witness tampering) in an effort to conceal a sexual affair with a young White House worker named Monica Lewinsky, is the most riveting chapter of recent American history. Details the investigation and impeachment of President Clinton and compares the crisis to others in American history