Charles H. Swayne – Northern District of Florida On December 10, 1903, Lamar presented a memorial from the Florida Legislature requesting an investigation of Judge
Charles Swayne. The resolution was referred to the Judiciary Committee. Swayne was impeached by the House of Representatives on December 13, 1904. He was accused of filing false travel vouchers, improper use of private railroad cars, unlawfully imprisoning two attorneys for contempt, and living outside of his district. Swayne's trial consumed two-and-a-half months before it ended on February 27, 1905, when the Senate voted acquittal on each of the twelve articles. There was little doubt that Swayne was guilty of some of the offenses charged against him. Indeed, his counsel admitted as much, though calling the lapses "inadvertent." It was during the long Swayne trial that the suggestion first surfaced that a Senate committee, rather than the Senate as a whole, should receive impeachment evidence. Senator
George F. Hoar of Massachusetts proposed that the presiding officer should appoint such a committee. Hoar's proposal would eventually be embodied in Rule XI of the Senate's impeachment rules. In 1905 the resolution was referred to the Rules Committee, which took no action. The Senate refused to convict Swayne because its members did not believe his peccadilloes amounted to "high crimes and misdemeanors". Swayne thereafter continued serving on the court until his death, in 1907.
Lebbeus R. Wilfley – U.S. Court for China In 1906, the U.S. Congress established a special court for the "
district of China", based in the
Shanghai International Settlement which had vice-regal powers of arrest and imprisonment. With only one judge, the former Attorney General of the Philippines, and no obligation to follow the strictures of the constitution or local law, there were many complaints by American expatriates, especially one by
Lorrin A. Thurston, former Attorney General of the
Territory of Hawaii, who charged that Judge
Wilfley had voided a will by a person leaving some of his money to the Catholic Church because of his prejudice against it. On February 20, 1908, Representative
George E. Waldo introduced articles of impeachment against
Wilfley and the resolution was referred to the Judiciary Committee. Leaving the court in chaos, Wilfley traveled halfway around the world to attend the hearings in
Washington, D.C. On May 8, the Judiciary Committee submitted a report, H.R. Rep. No. 60-1626, to the House recommending against impeachment, but by the time Wilfley got back to Shanghai, the situation was so poisoned, he resigned and returned to the U.S. for good.
Cornelius H. Hanford – U.S. Circuit Judge, Western District of Washington On June 7, 1912, Berger introduced a resolution to investigate Judge
Cornelius H. Hanford. The resolution was referred to the Judiciary Committee. Hanford resigned and the investigation ceased.
Robert W. Archbald – Third Circuit, Commerce Court On 13 July 1912,
Judge Archibald was impeached by the House of Representatives on 13 Articles by a vote of 223 to 1. Articles I, II, III and VI alleged that Archbald had entered into agreements with litigants at a substantial benefit to himself. Article IV alleged wrongful communication with litigants. Articles V, VII, VIII, IX and X alleged that he had improperly solicited and accepted gifts from litigants. Article XI alleged he had improperly solicited and accepted gifts from attorneys. Article XII alleged he allowed corrupt practices during jury selection. Article XIII alleged a general charge of bringing the Judiciary into disrepute. The offenses alleged in Articles I through XI were connected with holidays in Europe and other gifts received from coal mine workers and railroad officials. On 16 July, the
United States Senate began Archbald's trial. The Senate convicted him of five of the thirteen Articles on 13 January 1913. The Senate then voted to remove him from office and disqualify him from further office by a vote of 39 to 35. The exact division on each Article is as follows: Archbald was convicted on Articles I, III, IV, V and XIII and was accordingly removed from office. Article II gained a majority of votes, but not the two thirds necessary under the
U.S. Constitution for conviction.
Emory Speer – Southern District of Georgia On August 26, 1913, Rep. Clayton offered a resolution, H.R. Res. 234, to investigate Judge Speer. The resolution was referred to the Rules Committee. Id. at 3795. However, following an objection from the floor, the resolution was held over for consideration until August 27, 1913, at which time it was amended and adopted A Select Subcommittee of the Judiciary Committee conducted the investigation. On October 2, 1914, after reviewing the Subcommittee's findings, the Judiciary Committee submitted a report, to the House. The report was referred to the
House Calendar. The report, which recommended no further action be taken against Judge Speer, was considered and agreed to by the House on October 21.
Daniel Thew Wright – Supreme Court of the District of Columbia On March 21, 1914, Mr. Park introduced an impeachment resolution, H.R. Res. 446, against Judge Wright. The resolution was referred to the Judiciary Committee. On April 10, 1914, the Judiciary Committee submitted a report, to the House. The report recommended further investigation and authorized the Judiciary Committee to use Subcommittees as needed. The report was adopted and referred to the Judiciary Committee for further action. On March 3, 1915, the House agreed with the Judiciary Committee's final report recommending no further action, and discharged the Judiciary Committee from any further investigation of Judge Wright.
Alston G. Dayton – Northern District of West Virginia On May 11, 1914, Mr. Neely introduced a resolution, H.R. Res. 512, calling for the investigation of
Judge Dayton. The resolution was sent to the Rules Committee. On June 12, 1914, after no further action was taken, Mr. Neely introduced a second resolution, H.R. Res. 541, to investigate impeachment charges against the Judge. This resolution was also sent to the Judiciary Committee. On February 9, 1915, the report, of a Select Subcommittee of the House Judiciary Committee was considered by the House. The House followed the report's recommendation and adopted a resolution authorizing the Judiciary Committee to investigate the Judge. The Judiciary Committee then submitted its report, to the House on March 3, 1915. The report, recommending no further action against Judge Dayton, was adopted.
Kenesaw Mountain Landis – Northern District of Illinois In 1920
Judge Landis left the bench to become Commissioner of Baseball, but neglected to resign and continued to receive his salary, which offended many people. On February 2, 1921, Mr. Welty introduced a resolution, H.R. Res. 665, to investigate the conduct of Judge Landis. The resolution was referred to the Rules Committee. On February 14, 1921, Mr. Welty introduced actual impeachment charges against Judge Landis. These charges were referred to the House Judiciary Committee for investigation. On March 2, 1921, the Judiciary Committee submitted a report, to the House, and it was referred to the
House Calendar. The report recommended a complete investigation be undertaken by the 67th Congress. No action was taken before the end of the Congressional Session. However, on October 17, 1921, Judge Landis was condemned for his actions in a letter from the American Bar Association. This condemnation letter was referred to the Senate Judiciary Committee.
William E. Baker – Northern District of West Virginia On May 22, 1924, a resolution, H.R. Res. 325, to investigate Judge Baker was introduced. Some time earlier the Judiciary Committee had received information concerning misconduct by Judge Baker, and appointed a Subcommittee to review the material. After this review, the Subcommittee recommended a full-scale investigation. The resolution was adopted by the House and referred to the Judiciary Committee for further action. A Select Subcommittee of the House Judiciary Committee was given charge of the investigation. (There is record of the Select Subcommittee obtaining funding for a stenographer on June 7, 1924.) The final Judiciary Committee report, recommended against impeaching Judge Baker. The report by Mr. Dwyer was referred to the
House Calendar on February 10, 1925. No action was taken before the end of the congressional session.
George W. English – Eastern District of Illinois On January 13, 1925, Mr. Hawes introduced a resolution, H.R. Res. 402, requesting the Judiciary Committee conduct an investigation of
Judge English. The resolution was referred to the Rules Committee. Then on February 3, 1925, Mr. Snell made a motion to refer House Resolution 402 from the Rules Committee to the Judiciary Committee. The motion carried. The resolution was signed by the President on March 4, 1925. A special committee, consisting of members of the House Judiciary Committee, was then appointed to conduct the investigation. On December 19, 1925, the special committee submitted its report. The report was subsequently referred to the Judiciary Committee, which continued the investigation. Judge English testified before the Judiciary Committee on January 12, 1926. On March 25, 1926, the Judiciary Committee submitted its report, H.R. Rep. No. 69-653, and articles of impeachment against Judge English. The next day a minority report was printed in the record. On March 30, 1926, the House began debate on the articles of impeachment. On April 1, 1926, the articles of impeachment were adopted. The Senate considered the articles of impeachment on April 23, 1926, and the impeachment trial began with Judge English's answer to the articles on May 3, 1926. House managers then requested time to prepare a response to Judge English. On March 5, 1926, the Senate set November 10 as the date for the trial to resume. On December 11, 1926, the House took note of Judge English's resignation and requested the Senate drop the impeachment proceedings. The Senate accepted the House recommendation and ended the proceedings on December 13, 1926
John T. Rogers of
St. Louis Post-Dispatch won the
1927 Pulitzer Prize for
Reporting with his coverage of the inquiry leading to English's impeachment.
Frank Cooper – Northern District of New York On January 28, 1927, Congressman
Fiorello H. La Guardia brought impeachment charges against
Judge Cooper. The charges were referred to the Judiciary Committee for investigation. On March 2, 1927, the Judiciary Committee submitted its report, H.R. Rep. No. 69-2299, recommending no impeachment action be taken against the Judge. This report was referred to the
House Calendar, and the next day a resolution, H.R. Res. 450, adopting the committee report and recommending no impeachment action be taken against the Judge, was passed by the House.
Grover Moscowitz – U.S. District Judge, Eastern District of New York On March 4, 1929, a joint resolution, H.R.J. Res. 431, calling for the investigation of Judge Moscowitz was signed by the President. 70 Cong. Rec. 5227 (1929). The resolution created a Select Subcommittee of the House Judiciary Committee to conduct the investigation. Id. at 4839. Following this investigation, the Judiciary Committee submitted a report, H.R. Rep. No. 70-1106, to the House criticizing Judge Moscowitz, but refused to recommend impeachment. No action was taken before the end of the congressional session.
Francis A. Winslow – Southern District of New York On April 15, 1929, Congressman Fiorello H. La Guardia introduced a resolution, H.R. Res. 12, to investigate Judge Winslow. The resolution was referred to the Judiciary Committee. On December 20, 1929, the Judiciary Committee submitted a report, H.R. Rep. No. 71–84, recommending the investigation cease due to Judge Winslow's resignation. A resolution, H.R. Res. 110, adopting the committee's report recommending the investigation cease due to Judge Winslow's resignation was passed by the House.
Harry Anderson – Western District of Tennessee On March 12, 1930, La Guardia introduced a resolution, H.R. Res. 184, requesting that the Attorney General send the Judiciary Committee any available information on Judge Anderson's conduct. The resolution was sent to the Judiciary Committee. On June 2, 1930, a resolution from the Judiciary Committee, H.R. Res. 191, was introduced. The resolution called for a special committee, consisting of five members of the House Judiciary Committee, to be appointed to inquire into Judge Anderson's conduct. The resolution was referred to the "Committee of the Whole House on the State of the Union" and agreed to by the House on June 13, 1930. On February 18, 1931, the Judiciary Committee submitted a report, H.R. Rep. No. 71-2714, of their findings, and introduced a resolution, H.R. Res. 362, stating insufficient grounds existed for impeachment. The resolution was adopted.
Harold Louderback – Northern District of California On May 26, 1932, Congressman Fiorello H. La Guardia introduced a resolution, H.R. Res. 239, requesting a special committee be appointed to investigate Judge Louderback. The resolution was referred to the Judiciary Committee for further action. On May 31, 1932, the Judiciary Committee reported the resolution back to the House without amendment. Id. at 11,700. The resolution was adopted on June 9, 1932. A special committee was appointed to conduct the investigation and report its findings to the Judiciary Committee. On February 17, 1933, the Judiciary Committee submitted a report, H.R. Rep. No. 72-2065, and a resolution, H.R. Res. 387, requesting the report be adopted. The report found insufficient evidence to warrant impeachment. On February 24, 1933, when the Judiciary Committee report came up for consideration, Mr. LaGuardia introduced the minority report which recommended Judge Louderback be impeached and included five articles of impeachment. With two conflicting reports to consider, a debate arose in the House between those supporting the majority report?s recommendation not to impeach, and those supporting the five articles of impeachment presented in the minority report. When the debate was over, the House agreed to adopt the minority report and its articles of impeachment. The Senate began its impeachment proceedings with Judge Louderback's answer on April 11, 1933. The actual impeachment trial started on May 15, 1933.
James Lowell – District of Massachusetts On April 26, 1933, Mr. Smith introduced a resolution, H.R. Res. 120, authorizing the Judiciary Committee to investigate Judge Lowell. The resolution was adopted. On November 30, 1933, during the investigation, Judge Lowell died.
Judge Lindley, James Wilkerson, and Judge Woodward – Northern District of Illinois On June 12, 1933, Mr. Cellers introduced a resolution, H.R. Res. 145, to investigate the "matter of appointments, conduct, proceedings, and acts of receivers, trustees, and referees in bankruptcy." The resolution was referred to the Rules Committee for further action. Some judges were implicated in the investigation, and their impeachment discussed, but were later exonerated.
Joseph Molyneaux – District of Minnesota On January 22, 1934, Mr. Shoemaker introduced a resolution, H.R. Res. 233, authorizing the Judiciary Committee to investigate
Judge Molyneaux. The resolution was adopted and referred to the Judiciary Committee. When no action was taken, Mr. Shoemaker introduced another resolution on April 20, 1934. This resolution contained impeachment charges against Judge Molyneaux, and was also referred to the Judiciary Committee. Presumably, they died in committee.
Samuel Alschuler – Seventh Circuit On May 7, 1935, Rep.
Everett Dirksen offered a resolution, H.R. Res. 214, to investigate possible impeachment charges against
Judge Alschuler. The resolution was referred to the Judiciary Committee. A week later, the House adopted a resolution, H.R. Res. 220, granting the Judiciary Committee authority to hold hearings.
Halsted L. Ritter – Southern District of Florida On May 29, 1933, Congressman
J. Mark Wilcox of
Florida introduced
resolution (H. Res. 163) authorizing the House Judiciary Committee to investigate the conduct of Judge Ritter (R) to "determine whether in the opinion of the committee he had been guilty of any
high crime or misdemeanor." The resolution was referred to the Judiciary Committee. On March 2, 1936, the House of Representatives voted to impeach
Judge Ritter by 181 votes to 146 on seven
articles of impeachment. The proceedings were only the 13th impeachment case in the 147 years of
Congress, although it took place just a month after the impeachment of
Harold Louderback (who was acquitted in the Senate). The seven articles were: • Ordering the payment of "exorbitant" legal fees with intent to
embezzle. Specifically, the House managers said Ritter engaged in
champerty ("a proceeding whereby a person having no legitimate interest in a
lawsuit abets it with money or services in the hope of profit") by "corruptly and unlawfully" receiving $4,500 from a former law partner, Albert L. Rankin. The House charged that Ritter had planned with Rankin and others to put
Whitehall (the former
Henry Morrison Flagler mansion and then a
hotel, and now a
museum) into
receivership, and had given Rankin an "exorbitant fee" of $75,000, keeping $4,500 of it. • Showing
favoritism in
bankruptcy cases • Two charges of practicing law while a judge • Two charges of
tax evasion (by filed false
income tax returns in 1929 and 1930) • Bringing the judiciary into disrepute (accepting free meals and lodging at Whitehall during receivership proceedings) Ritter's chief
defense attorney was
Frank P. Walsh. Three House managers
prosecuted the case, with
Sam Hobbs of
Alabama leading. On April 6, 1936, the U.S. Senate began its trial. A
motion to disqualify Ritter from all further federal office was defeated unanimously by the Senate. Eleven days after the trial began, the Senate voted to acquit him of all but the last article (bringing the judiciary into disrepute), which he was convicted of 56–28, exactly the two-thirds necessary for conviction under the
Constitution. Ritter was removed from office on April 17, 1936. The investigation of Judge Johnson was conducted at both the committee and subcommittee level. (Referenced in a speech by Richard Russell) .). On July 3, 1945, during the Judiciary Committee investigation, Judge Johnson resigned. On July 14, he was called to testify before the Judiciary Committee. Following a poor performance by the Judge during cross examination, the Judge relinquished his retirement salary and withdrew as a witness, thereby mooting the entire process. The report of the House Judiciary Committee the following year stated that had Johnson not resigned, he would have definitely been impeached.
Albert L. Watson – Middle District of Pennsylvania The House Judiciary Committee voted to end the impeachment investigation against
Judge Watson on September 20, 1945, and he went on to serve until his death in the 1950s. This would be the last serious impeachment investigation for nearly a quarter-century.
William O. Douglas – United States Supreme Court There were two attempts to remove
Associate Justice William O. Douglas from office; both of them failed.
1953 attempt On June 17, 1953, infuriated by Douglas' brief stay of execution of
Julius and Ethel Rosenberg, Rep.
William McDonald Wheeler introduced a resolution, H.R. Res. 290, impeaching Justice Douglas. It was referred to the Judiciary Committee to investigate the charges. The next day, the Judiciary Committee appointed a Special Subcommittee to conduct the investigation. There was a hearing, and on July 7, the committee voted to end the investigation. No further action was taken.
1970 attempt Justice Douglas was fully committed to his causes. However, because of difficult financial circumstances, he was also forced to maintain a busy speaking and publishing schedule to supplement his income. Never a wealthy man, Douglas became severely burdened financially due to a bitter divorce and settlement with his first wife. He only sank deeper into financial difficulties as settlements with his second and third wives essentially consumed his entire salary as an Associate Justice of the Supreme Court. Douglas's steps to supplement his income as a result of his financial situation also included the unusual move of becoming president of the Parvin Foundation, established by the "
Mob's Accountant" from the sale of the infamous
Flamingo Hotel. While Douglas's work at the Parvin Foundation was never found to be illegitimate, his ties with the foundation made him a prime target for then-House Minority Leader
Gerald R. Ford. Besides being personally disgusted by Douglas's allegedly illicit lifestyle, Representative Ford was also mindful that Douglas protégé
Abe Fortas was forced to resign because of ties to a foundation similar to Parvin. Fortas would later say that he "resigned to save Douglas," thinking that the dual investigations into them would stop with his resignation. have argued that Ford's impeachment attempt was politically motivated. Those who support this contention note Ford's well-known disappointment with the Senate over the failed nominations of
Clement Haynsworth and
G. Harrold Carswell to succeed Fortas. Thus, in April 1970, Congressman Ford moved to impeach Douglas in an attempt to hit back at the Senate. On April 15, 1970, at the instigation of Rep.
Gerald Ford, Rep. Jacobs began a second attempt to impeach Justice Douglas. His resolution to impeach the Justice, H.R. Res. 920, was referred to the Judiciary Committee for investigation. The next day seven resolutions, H.R. Res. 922, 923, 924, 925, 926, 927, and 928, requesting an investigation of Justice Douglas were introduced on the floor of the House. All of the resolutions sought the creation of a select committee to conduct the investigation, and all were referred to the Rules Committee for further action. On April 20, 1970, Mr. Wyman introduced resolution, H.R. Res. 936, to investigate Justice Douglas. This resolution was referred to the Rules Committee. On April 28, 1970, Mr. Gooding introduced resolution to investigate Justice Douglas. This resolution was also sent to the Rules Committee. On April 21, 1970, a Special Subcommittee of the House Judiciary Committee was appointed to conduct an investigation under House Resolution 920. It issued a progress report on June 20, 1970. Despite careful maneuvering by House Judiciary Chairman
Emanuel Celler, and an apparent lack of proof of any criminal conduct on the part of Douglas (efforts by Attorney General
John N. Mitchell and the Nixon administration to gather evidence to the contrary notwithstanding), Congressman Ford moved forward in the first major attempt to impeach a Supreme Court Justice in the modern era. The hearings began in late April 1970. U.S. Representative Ford was the main witness; he attacked Douglas's "liberal opinions", his "defense of the 'filthy' film
I Am Curious (Yellow), and his ties with the aforementioned Parvin. Additionally, Douglas was criticized for accepting $350 for an article he wrote on folk music in the magazine
Avant Garde. The magazine's publisher had served a prison sentence for the distribution of another magazine in 1966 that had been deemed
pornographic. Describing Douglas' article, Ford stated, "The article itself is not pornographic, although it praises the lusty, lurid, and risqué along with the social protest of left-wing folk singers". Ford also attacked Douglas for his article in
Evergreen magazine, which was infamous for its proclivity for pictures of naked women. The Republican congressmen, however, refused to give the majority Democrats copies of the magazines, prompting Congressman
Wayne Hays to remark "Has anybody read the article – or is everybody over there who has a magazine just looking at the pictures?" When it became clear that the impeachment proceedings would be unsuccessful, they were brought to a close, and no public vote on the matter was taken. The final report of the Special Subcommittee found no cause for impeachment and recommended no further action be taken. Mr. Wyman criticized this report on December 17, 1970. On December 21, 1970, Mr. Dennis, a member of the Judiciary Committee, criticized his Committee for refusing to even bring the Subcommittee report to a vote. The effort to impeach Douglas and the struggles over the Fortas, Haynesworth, and Carswell nominations marked the beginning of a more partisan climate during the confirmation process of Supreme Court nominees. In 2019, Professor Joshua Kastenberg at the
University of New Mexico School of Law published an examination into the impeachment and concluded that Nixon had several motives in goading Ford to move against Douglas. These motives included revenge for Haynsworth and Carswell as well as a cover for the invasion of Cambodia in late April 1970.
Alfred Murrah, Stephen Chandler, and Luther Bohanon Luther Bohanon of the Eastern, Northern, and Western Districts of Oklahoma;
Stephen Chandler of the Western District of Oklahoma; and
Alfred P. Murrah of the 10th Circuit (which sits in Oklahoma) had been feuding so much that it was becoming a national scandal, and thus, many people in Oklahoma demanded their impeachment to put a halt to it. Thus, on February 21, 1966, Congressman
Harold R. Gross requested an investigation of these three Oklahoma judges. A resolution to investigate, H.R. Res. 739, was adopted the next day and sent to the House Judiciary Committee which formed an "Ad Hoc Special Subcommittee on Judicial Behavior" for further action. The investigation, which lasted until 1968, found that the so-called Chandler Mess was reprehensible, but not criminal.
Abe Fortas – United States Supreme Court Associate Justice
Abe Fortas had accepted a $20,000 retainer from the family foundation of
Wall Street financier
Louis Wolfson, a friend and former client, in January 1966. Fortas signed a contract with Wolfson's foundation; in return for unspecified advice, it was to pay Fortas $20,000 a year for the rest of Fortas's life (and then pay his
widow for the rest of her life). Wolfson was under investigation for securities violations at the time and it is alleged that he expected that his arrangement with Fortas would help him stave off criminal charges or help him secure a presidential
pardon. Wolfson did ask Fortas to help him secure a pardon from President Lyndon B. Johnson, which Fortas claimed that he did not do, and he returned the retainer, but not until Wolfson had been indicted twice. Later, when a
request to review Wolfson's conviction came before the Court (which it refused), Fortas recused himself. Justice
Hugo Black also urged Fortas to resign, but when Fortas said it would "kill" his wife, Black changed his mind and urged Fortas not to resign. where given the judge's sterling record, it died in committee. However, he tried again on January 5, 1981, with H.RES.12, where it died in committee, again.
Nauman Scott – Western District of Louisiana On Feb 19, 1981, U.S. Representative
Lawrence P. McDonald introduced an impeachment resolution, H.R. Res. 61. against
Judge Scott, over the issue of court mandated busing. The bill was referred to the House Judiciary committee, where it died.
Harry E. Claiborne – District of Nevada Claiborne was indicted by a federal grand jury for bribery, fraud, and tax evasion in December 1983. In April 1984, however, the jury deadlocked and a mistrial was declared. He was tried again in July on only the evasion charges and was found guilty the next month, making him the first federal judge ever convicted of crimes while on the bench. Claiborne was sentenced to two years in prison in October, and was in prison from May 1986 to October 1987. This was an unacceptable state of affairs, and on June 3, 1986, Rep.
Peter W. Rodino (D-NJ) offered an impeachment resolution, H.R. Res. 461, against him. The resolution was referred to the Judiciary Committee. Rep.
Jim Sensenbrenner introduced a second one H.R. Res. 487, against Judge Claiborne on June 24, which was also sent to the Judiciary Committee. The Judiciary Committee appointed its Subcommittee on Courts, Civil Liberties, and the Administration of Justice to assist with the investigation, and after a quick hearing, the Judiciary Committee reported its findings to the House on July 16 and on the 22nd, the committee report was debated in the House. The report included four articles of impeachment against Judge Claiborne. On July 22, Claiborne was formally impeached by the House, becoming the first person to be impeached in fifty years. The trial in the senate was held before a special committee, except for the closing arguments, which were held before the full Senate. On October 9, 1986, the Senate concluded its trial and Judge Claiborne was convicted on all articles except Article III. The exact division on each Article is as follows:
Alcee L. Hastings – Southern District of Florida In 1981, Judge
Alcee Hastings was charged with accepting a $150,000 bribe in exchange for a lenient sentence and a return of seized assets for 21 counts of
racketeering by Frank and Thomas Romano, and of perjury in his testimony about the case. He was acquitted by a jury after his alleged co-conspirator, William A. Borders Jr., refused to testify in court (resulting in a jail sentence for Borders). On March 23, 1987, U.S. Representative
Jim Sensenbrenner introduced an impeachment resolution, H.R. Res. 128, against Judge Hastings. The resolution was referred to the Judiciary Committee. On March 31, 1987, the Judiciary Committee's Subcommittee on Criminal Justice met in executive session to discuss Judge Hastings' impeachment inquiry. In the summer of 1988, the full House of Representatives took up the case; Hastings was impeached for bribery and
perjury by a vote of 413–3. He was then convicted in 1989 by the
United States Senate, becoming the sixth federal judge in the history of the United States to be
removed from office by the Senate. The vote on the first article was 69 for and 26 opposed, providing five votes more than the two-thirds of those present that were needed to convict. The first article accused the judge of conspiracy. Conviction on any single article was enough to remove the judge from office. The Senate vote cut across party lines, with Democratic Senator
Patrick Leahy from Vermont voting to convict his fellow party member and Senator
Arlen Specter from Pennsylvania voting to acquit. The Senate had the option to forbid Hastings from ever seeking federal office again, but did not do so. Alleged co-conspirator, attorney William Borders went to jail again for refusing to testify in the impeachment proceedings, but was later given a full pardon by President
Bill Clinton on his last day in office. Hastings filed suit in federal court claiming that his impeachment trial was invalid because he was tried by a Senate committee, not in front of the full Senate, and that he had been acquitted in a criminal trial. Judge
Stanley Sporkin ruled in favor of Hastings, remanding the case back to the Senate, but stayed his ruling pending the outcome of an appeal to the
Supreme Court in a similar case regarding Judge
Walter Nixon, who had also been impeached and removed. Sporkin found some "crucial distinctions" between Nixon's case and Hastings', specifically, that Nixon had been convicted criminally, and that Hastings was not found guilty by two-thirds of the committee who actually "tried" his impeachment in the Senate. He further added that Hastings had a right to trial by the full Senate. The Supreme Court, however, ruled in
Nixon v. United States that the federal courts have no jurisdiction over Senate impeachment matters, so Sporkin's ruling was vacated and Hastings' conviction and removal were upheld. Four years after his conviction, Hastings was elected to the House of Representatives, in which he continued to sit until his death in 2021.
Walter L. Nixon, Jr. – Southern District of Mississippi The case stemmed from Judge
Walter Nixon's grand jury testimony and statements to federal officers concerning his intervention in the Mississippi's drug prosecution of Drew Fairchild, the son of Nixon's business partner Wiley Fairchild. He was convicted of perjury and sentenced to prison. He refused to resign and continued to receive his judicial salary. On March 17, 1988, U.S. Representative
Peter W. Rodino (D-NJ) introduced an impeachment resolution, H.RES.407, against Nixon, and it was referred to the House Judiciary Committee, which held hearings on the matter. With the case still to be voted on when the term of the House expired, it died. On February 22, 1989, Representative
Jack Brooks (D.-Tex.) introduced another impeachment resolution, H.R. Res. 87; the Judiciary Committee submitted its report, H.R. Rep. No. 101-36, to the House on April 25, 1989. The report included three articles of impeachment against Judge Nixon. On May 10, 1989, the House impeached Nixon by a vote of 417 to 0. The Senate concluded its trial on November 3. Judge Nixon was removed from office after being found guilty of articles I and II by a vote of 89 to 8 and 78 to 19 respectively. Nixon appealed to a federal district court, which reversed the conviction. This was appealed to the Supreme Court, which found the case non-justiciable.
Robert P. Aguilar – Northern District of California On May 19, 1993, Representative
Jim Sensenbrenner introduced H.RES.177, impeaching Judge
Robert Aguilar, who had been indicted in the late 1980s for racketeering and was convicted in a 1990 retrial. It was referred to the House Judiciary Committee, who left it in limbo while the Judge's appeals played out. In 1994, the conviction was overturned; the resolution was left to die. Judge Aguilar retired in 1996.
Robert F. Collins – Eastern District of Louisiana On May 19, 1993, Representative
Jim Sensenbrenner introduced H.RES.176, impeaching Judge
Robert Frederick Collins. It was referred to the House Judiciary Committee and died there. Later, in June,
Jack Brooks tried again with H RES 207. With impeachment hearings looming, Collins resigned two months later. ==21st century==