Conduct of Harry E. Claiborne, U.S. District Judge, District of Nevada

ecutor, U.S. v. Claiborne, No. CR-R-83-57-WEH, (D. Nev., filed on May 8, 1986).

69. Motion Under Rule 35(a) to Stay Illegal Sentence, U.S. v. Claiborne, No. CR-R-83-57-WEH (D. Nev., filed on May 8, 1986).

70. Letter from Terence J. Anderson (a Counsel for Judge Harry E. Claiborne) to Cathy Catterson (Clerk, U.S. Court of Appeals for the Ninth Circuit) re: Claiborne v. Burger and Petition for Extraordinary Writs, dated May 8, 1986.

71. Petition for Extraordinary Writs, Claiborne v. Burger, No. 867267 (9th Cir., filed on May 9, 1986).

72. Appendix to Petition for Extraordinary Writs, Claiborne v. Burger, No. 86-7267 (9th Cir., filed on May 9, 1986).

73. Suggestion that Petition for Extraordinary Writs Be Heard En Banc, Claiborne v. Burger, No. 86-7267 (9th Cir., filed on May 9, 1986).

74. Supplemental Emergency Motion for Recall of Related Mandate or Stay of Execution, Claiborne v. Burger, No. 86-7267 (9th Cir., filed on May 9, 1986).

75. Government's Opposition to Defendant's Rule 35 Motion, U.S. v. Claiborne, No. CR-R-83-57-WEH (D. Nev., filed on May 9, 1986). 76. Government's Opposition to Defendant's Motion for Disqualification of Government Counsel, and for Order Directing Attorney General to Determine Whether Grounds Exist to Investigate Whether High Government Officials Have Committed Felonies That Warrant Appointment of Special Prosecutor, U.S. v. Claiborne, No. CR-R-83-57-WEH (D. Nev., filed on May 9, 1986).

77. Government's Opposition to Defendant's Motion to Vacate Judgment and Sentence and For Evidentiary Hearing and Discovery, U.S. v. Claiborne, No. CR-R-83-57-WEH (D. Nev., filed on May 9, 1986).

78. Government's Opposition to Motion to Stay Proceedings, U.S. v. Claiborne, No. CR-R-83-57-WEH (D., Nev., filed on May 9, 1986).

79. Order Denying Request for Stay of Commencement of Sentence, U.S. v. Claiborne (Hoffman, J.) (D. Nev., signed May 12, 1986).

80. Notice of Appeal (from Order Denying Request for Stay of Commencement of Sentence) U.S. v. Claiborne, No. CR-R-93-57WEH (D. Nev., filed on May 13, 1986).

81. Order (denying petitions for stay of execution of sentence, and for appeal from district court's denial of stay of execution of his sentence, and affirming district court's denial of stay), U.S. v. Claiborne, No. 86-2018 (D.C. No. CR-R-83-57-WEH), Claiborne v. Burger, No. 86-7267 and In the Matter of Harry E. Claiborne, No. 86-8089 (9th Cir., filed May 14, 1986) (before Fletcher, Canby and Beezer, Circuit Judges) (Fletcher, Circuit Judge, dissenting).

82. Emergency Petition for Stay of Execution of Sentence, In the Matter of the Emergency Petition of Harry Eugene Claiborne to Stay Execution of Sentence, No. 86-A-883 (U.S., filed on or about May 15, 1986).

83. Order (order denying stays entered May 14, 1986 stands as entered, a majority of the nonrecused active judges of this court voting not to overrule the order), U.S. v. Claiborne, No. 86-2018, Claiborne v. Burger, No. 86-7267, and In the Matter of Harry E.

Claiborne, No. 86-8089 (9th Cir., filed May 15, 1986) (Fletcher, Canby and Beezer, Circuit Judges).

84. Order (orders filed May 14 and 15, 1986, to be published), U.S. v. Claiborne, No. 86-2018, Claiborne v. Burger, No. 86-7267, In the Matter of Harry E. Claiborne, No. 86-8089 (9th Cir., filed June 6, 1986) (Fletcher, Canby and Beezer, Circuit Judges).

85. Order (orders filed May 14 and 15 to be published, as well as dissents filed June 6, 1986), U.S. v. Claiborne, No. 86-2018, Claiborne v. Burger, No. 86-7267, In the Matter of Harry E. Claiborne, No. 86-8089 (9th Cir., filed June 6, 1986) (Reinhardt, Circuit Judge, with whom Circuit Judges Pregerson and Ferguson join, dissenting, filed June 6, 1986) (Kozinski, Circuit Judge, with whom Circuit Judges Pregerson and Ferguson join, dissenting, filed June 6, 1986).

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Foreword

I am pleased to make available a staff report regarding the constitutional grounds for presidential impeachment prepared for the use of the Committee on the Judiciary by the legal staff of its impeachment inquiry.

It is understood that the views and conclusions contained in the report are staff views and do not necessarily reflect those of the committee or any of its members.

Peter W Ralink

PETER W. RODINO, Jr.

FEBRUARY 22, 1974.

(III)

Contents

Forward

I. Introduction

II. The Historical Origins of Impeachment--.

A. The English Parliamentary Practice_

B. The Intention of the Framers-

1. The Purpose of the Impeachment Remedy-

2. Adoption of "high Crimes and Misde-