'Alcee Lamar Hastings' (born
September 5,
1936) is a
U.S. politician, who was an impeached and removed federal judge and is currently a member of the
House of Representatives representing (
map).
Born in
Altamonte Springs, Florida, Hastings was educated at
Fisk University in
Nashville, Tennessee;
Howard University in
Washington, D.C.; and
Florida A&M University.
A Representative since 1993 and a
Democrat, Hastings was a lawyer and judge of the circuit court of
Broward County, Florida, and
United States District Court judge for the Southern District of Florida (1979 to 1989), until he was impeached and removed from office for
corruption and
perjury. He is only the 6th federal judge to be impeached and removed from office in American history.
Impeachment
In 1981 Judge 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 Borders, refused to testify in court (resulting in a jail sentence for Borders).
In 1988, the
Democratic-controlled U.S. House of Representatives took up the case, and Hastings was
impeached for bribery and
perjury by a vote of 413-3. Voters to impeach included
Democratic Representatives
Nancy Pelosi,
Steny Hoyer,
John Conyers and
Charles Rangel. 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 Senator Patrick J. Leahy, Democrat of Vermont voting to convict his fellow party member, and Arlen Specter voting to acquit.
[1]
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
Bill Clinton on his last day in office.
[2]
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.
[3]
Sporkin found some "crucial distinctions"
[4] 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.
Congressional Career
Hastings was elected to the House of Representatives in
1992. He is a member of the
Congressional Black Caucus and was elected President of the
Parliamentary Assembly of the
Organization for Security and Co-operation in Europe in July
2004. Today, as a Senior Democratic Whip, Hastings is an influential member of the Democratic Leadership. Congressman Hastings is also a member of the powerful House Rules Committee and is a senior Member of the House Permanent Select Committee on Intelligence (HPSCI). On the HPSCI, Hastings is the Chairman of the Subcommittee on Oversight and Investigations.
He was one of the 31 who voted in the House not to count the
electoral votes from
Ohio in the
United States presidential election, 2004.
[1]
House Intelligence Committee controversy
After the 2006 United States House of Representatives elections, Hastings attracted controversy after it was reported that incoming House Speaker
Nancy Pelosi might appoint him as head of the
House Permanent Select Committee on Intelligence. Pelosi reportedly favored Hastings instead of the ranking Democrat
Jane Harman due to political differences and support for Hastings by the
Congressional Black Caucus.
[5]
However, Hastings' impeachment led to accusations that Democrats, who had campaigned against a Republican "culture of corruption," were themselves elevating a corrupt official to a committee chair. On November 28, 2006, Pelosi announced that Hastings would not be the next chairman of the House Select Committee on Intelligence.
[6]
In January of 2007 Speaker Nancy Pelosi choose Congressman Sylvester Reyes of Texas as the next Chairman of the powerful Select Committee on Intelligence. While Congressman Hastings was passed over to chair the full committee he became chair of the sub-committee.
See also
★
Impeachment in the United States
Notes
1. http://select.nytimes.com/search/restricted/article?res=FA0712FC3D5F0C728EDDA90994D1484D81
2. http://www.law.com/jsp/article.jsp?id=1066080426784
3. Senate Conviction of Hastings Is Reversed by Judge Sporkin
4. http://classes.lls.edu/archive/manheimk/fedcts/hastings1.html
5. [2]
6. http://today.reuters.com
★ Ruth Marcus, "Senate Removes Hastings" ''
Washington Post'', October 21, 1989; Page A01.
[3]
★ Kenneth J. Cooper, "Hastings Joins His Former Accusers" ''Washington Post'', January 6, 1993; Page A10.
[4]
★ "Alcee Hastings scandal proves H. Paul Rico a gifted gangster" By Howie Carr, ''
Boston Herald'' Columnist; Wednesday, November 22, 2006 — Updated: 12:35 AM EST
[5]
External links
★
U.S. Congressman Alcee Hastings 'official House site'
★
★
Federal Election Commission — Alcee L Hastings campaign finance reports and data
★
On the Issues — Alcee Hastings issue positions and quotes
★
OpenSecrets.org — Alcee L. Hastings campaign contributions
★
Project Vote Smart — Representative Alcee L. Hastings (FL) profile
★
SourceWatch Congresspedia — Alcee Hastings profile
★
Washington Post — Congress Votes Database: Alcee Hastings voting record
★
Alcee L. Hastings for Congress — 'official campaign site'