High crimes and misdemeanours
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The charge of high crimes and misdemeanours covers allegations of misconduct that do not fall under a more clearly defined impeachable offence; e.g., high treason. This charge occurs only in cases of parliamentary impeachment and is unrelated to any offence in criminal law.
[edit] British
The impeachment of the King's Chancellor, Michael de la Pole, Earl of Suffolk in 1386 was the first case to use this charge. One charge under this heading alleged that de la Pole broke a promise to Parliament. He had promised to follow the advice of a committee regarded improvement of the kingdom. Another charge said that he failed to pay a ransom for the town of Ghent, and that because of that the town fell to the French.
The 1450 impeachment of William de la Pole, 1st Duke of Suffolk, a descendant of Michael's, was next to allege charges under this title. He was charged with using his influence to obstruct justice, cronyism, and wasting public money. Other charges against him included acts of high treason.
Impeachment fell out of use after 1459 but Parliament revived it in the early 1600s to bring the King's ministers to book. In 1621, Parliament impeached the King's Attorney General, Sir Henry Yelverton for high crimes and misdemeanours. The charges included failing to prosecute after starting lawsuits and using authority before it was properly his.
After the Restoration the scope of the charge grew to include negligence, and abuse of power or trust while in office. For example, charges in the impeachment of Edward Russell, 1st Earl of Orford in 1701 included many violations of trust and his position. In this case, he abused his position in the Privy Council to make profits for himself; as Chief of the Navy he embezzled funds; and, as Lord High Admiral of England he got a commission for the pirate William Kidd.
[edit] American
High crimes and misdemeanors is a phrase from the United States Constitution, Article II, Section 4: "The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."
"High" in the legal parlance of the 18th century means "against the State". A high crime is one which seeks the overthrow of the country, which gives aid or comfort to its enemies, or which injures the country to the profit of an individual or group. In democracies and similar societies it also includes crimes which attempt to alter the outcome of elections.
The first impeachment conviction by the U.S. Senate was in 1804 of District Judge John Pickering for the high crime and misdemeanor of chronic intoxication. Federal judges have been impeached and removed from office for tax evasion, conspiracy to solicit a bribe, and making false statements to a grand jury.
In the impeachment of Bill Clinton in the late 1990's for perjury, the exact meaning of the term "High crimes and misdemeanors" became the subject of debate. A particular subject of debate is exactly what rises to the level of "High crimes and misdemeanors". Those in favor of Clinton's impeachment felt that the act of perjury, a federal crime, certainly rose to that level. Those opposed felt that the act, while still illegal, did not reach that level.
It is evident that in the absence of a clear legal definition, determining what rises to "high crimes and misdemeanors" is an inherently political process, which means that it is up to Congress and what it thinks constitutes an impeachable offense.
