Panel Votes to Impeach Jailed Judge

The House Judiciary Committee, in its first such action since the Watergate scandal in 1974, unanimously voted to impeach U.S. District Judge Harry Claiborne today, saying his tax-evasion conviction is an open-and-shut case for removal from the bench.

Not one member of the committee spoke in support of Claiborne, as the panel voted 35 to 0 for an overall resolution accusing him of “misbehavior and high crimes and misdemeanors.”

The panel then adopted three specific impeachment articles by the same vote and approved a fourth, 28-7. Some members said the final article accusing Claiborne of failing to discharge his oath of office was unnecessary and could open the door to a sweeping defense by Claiborne in a Senate trial.

The measure now goes to the House floor for action, possibly in late July.

Equivalent to Indictment

Impeachment by the House is a formal charge equivalent to an indictment, and can lead to removal from office after a Senate trial. If the process goes that far, Claiborne would become the first federal judge forced off the bench in 50 years.

The impeachment proceeding is the first since the Watergate scandal 12 years ago, when it voted to impeach President Richard M. Nixon for abuse of power, obstruction of justice and failure to comply with the committee’s subpoenas. Rather than face a trial by the Senate, Nixon resigned and subsequently received a full pardon from President Gerald R. Ford.

Claiborne, convicted in 1984, has refused to resign and still draws his $78,700 judicial salary, despite being in federal prison at Maxwell Air Force Base in Alabama. He is the first convicted and jailed federal judge to face impeachment.

Action Called ‘Regrettable’

“It is regrettable that this action is necessary, but a judicial officer of the United States, charged with upholding the law, has himself been found to have violated the law,” said committee Chairman Peter W. Rodino Jr. (D-N.J.).

The four articles, passed 15 to 0 this week, found that Claiborne’s conviction constituted misbehavior and misdemeanors, and that he had violated his oath of office and failed to obey the Constitution or to uphold the integrity of the judiciary.

“His conviction, standing alone, should be enough to sustain an impeachment resolution,” subcommittee Chairman Robert W. Kastenmeier (D-Wis.) said. “He left very little option for this committee, other than to introduce the resolution.”

Rep. F. James Sensenbrenner Jr. (R-Wis.) predicted a “nearly unanimous, if not unanimous,” House vote for impeachment.

Sensenbrenner said it was “scandalous and outrageous” for Claiborne to collect a $215-a-day salary while in prison. He argued that Claiborne’s allegations of a Justice Department vendetta against him are “not an issue here.”