What the vice president knew and when he knew it

0 Comments | Insight on the News, March 31, 1997 | by Timothy W. Maier, | David Wagner

Gore says there is "no controlling legal authority or case that says there was any violation of the law whatsoever." However, he did not indicate--and Insight did not find--any cases suggesting that the president and vice president are exempt from the Hatch Act and Federal Election Campaign Act prohibitions on "dialing for dollars" inside a federal building.

In a 1972 case, Civil Service Commission vs. Letter Carriers, the Supreme Court quoted from an order issued by "the heads of the executive departments" in the administration of President Jefferson. According to this order, "it is expected that [federal officers] will not attempt to influence the votes of others nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties to it." That order was quoted by proponents of the Hatch Act during floor debate on the bill in 1940 as historic precedent and purpose. It is the spirit of the law

The situation is growing more serious. A source close to the House Judiciary Committee tells Insight it is "possible" that one of the Judiciary subcommittees may be working on a "bench memo" on impeachment-related issues. Written by a judicial clerk, a bench memo summarizes a legal issue at the judge's instruction. It is intended for the judge's personal use, not for publication. By analogy, a bench memo by a House staffer on presidential impeachment would be used by a member of Congress as a guide to when and how impeachment might be carried out.