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Here are the materials on the defense arguments used in the Johnson and Clinton impeachment trials.

 

Unique Arguments in Johnson Impeachment
The Argument
The Reasoning
1. The Case is Based on Unconstitutional Grounds
a. Tenure of Office Law is unconstitutional
b. Johnson wanted to test the law
2. The law does not apply to this President
Tenure of Office Law restricted the actions of the President by whom they may have been appointed
3. The president is charged with exercise of free speech
a. Johnson’s attacks on Congress are protected political speech
b. Discussion of law with a military officer is free speech

 

A Unique Argument in the Clinton Impeachment
The Argument
The Reasoning
1. The evidence fails to support charges of obstruction of justice
a.The time tables of the prosecution proved that there could be no job-for-testimony payoff
b.Clinton had no criminal intent
c.The suggestion to hide gifts came from Betty Currie, not Clinton
 

Arguments in Common

The Argument
Reasoning in the Johnson Case
Reasoning in the Clinton Case
The President did not commit any crime
a. The removal of Stanton did not get carried out
b. Johnson did not have intent to violate the law
a. Acts of confusion, and trick definitions do not equal “perjurious acts”
b. Clinton did not form criminal intent
The charges are not impeachable offenses
The President was within his rights to object to Congress’ policies
a. An ordinary person would not be charged
b. Perjury about sex does not rise to the level of an impeachable offense