1 J. Story, Commentaries on the Constitution of the United States Section 803 (Boston, 1905). (Emphasis added). More recently, the Staff Report of the Committee on the Judiciary, Constitutional Grounds for Presidential Impeachment (February 22, 1974), correctly described the non-criminal nature of impeachment: - .Impeachment and the criminal law serve fundamentally different purposes. Impeachment is the first step in a remedial process removal from office and possible disqualification from holding future office. The purpose of impeachment is not personal punishment; its function is primarily to maintain constitutional government. Furthermore, the Constitution itself provides that impeachment is no substitute for the ordinary process of criminal law since its [sic] specifies that impeachment does not immunize the officer from criminal liability for his wrongdoing. Id. at 24 (footnotes omitted; emphasis added). The conclusion that impeachment is remedial, not punitive, is also reinforced by the fact that, in the view of most commentators, noncriminal activities may constitute impeachable offenses. See generally Staff Report, House Judiciary Committee, Constitutional Grounds for Presidential Impeachment; see also Report of the Committee on Federal Legislation, Association of the Bar of the City of New York, The Law of Presidential Impeachment, 29 The Record 154 (January 21, 1974); L. Tribe at 220. In such a case, the purpose of impeachment is to provide "a prospective remedy for the benefit of the people, not a retributive sanction against the offending officer." J. Labovitz, Presidential Impeachment 199 (1978). Thus, the double jeopardy clause does not prohibit civil officers from being impeached following either conviction or acquittal, because impeachment is not a criminal proceeding. Double jeopardy would not apply if Judge Hastings had been impeached after having been found guilty of the crime for which he was indicted. It follows, therefore, that double jeopardy does not apply after his acquittal. M. Elaine Mielke United States House of Representatives Committee on the Judiciary Room 2137 Rayburn House Office Building Washington, D.C. 20515 (202) 225-8088 Attorneys for the United States House of Representatives, Committee on the Judiciary The Committee on the Judiciary is conducting an inquiry into whether United States District Judge Alcee L. Hastings, Jr. should be impeached. An impeachment resolution concerning Judge Hastings has been introduced and referred to the Committee. I am enclosing a copy of the resolution (Tab 1). In addition, the Chief Justice of the United States, acting on behalf of the Judicial Conference of the United States, has transmitted to the House of Representatives, pursuant to 28 U.S.C. 331, a Certificate concurring in the determination of the Judicial Council of the Eleventh Circuit that "consideration of impeachment lof Judge Hastings) may be warranted." That determination and the record of the proceedings before the Judicial Council and its Investigating Committee have also been referred to the Committee for its consideration. A copy of the Certificate is enclosed (Tab 2). All of these matters have been referred to the Judiciary Subcommittee on Criminal Justice. We consider a review of the complete record of the grand jury that indicted Judge Hastings to be essential in order to make our inquiry complete. The inquiry might not reach the degree of thoroughness necessary to ensure public confidence that justice had been done without such a review. Therefore, I request that the United States District Court for the Southern District of Florida deliver to the Subcommittee all of the records, transcripts, minutes and exhibits of the grand jury, No. 81-1-GJ (MIA), which indicted Judge Bastings in Case No. 81-596-Cr. The federal courts have disclosed to this Committee similar grand jury material in prior impeachment inquiries. See In re Report and Recommendation of June 5, 1972 Grand Jury Concerning Transmission of Evidence to the House of Representatives, 370 F. Supp. 1219 (D.D.C. 1974) (Sirica, J.). The grand jury materials requested by the Subcommittee were previously disclosed to the Investigating Committee of the Judicial Council of the Eleventh Circuit in connection with its investigation of a complaint against Judge Hastings. See In re Petition to Inspect and Copy Grand Jury Materials, 735 F.2d 1261 (11th Cir.), cert. denied, 82 L.Ed.2d 191 (1984). The Subcommittee intends to receive the requested grand jury material in executive session and pursuant to the confidentiality procedures adopted by the Committee (Tab 3). If the Court has any questions concerning this request, please contact the Special Counsel for the impeachment inquiry, Alan I. Baron (202/226-3444). |