For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes--serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official's misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the Emoluments Clause means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials.

Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.

Michael Gerhardt joined the Carolina Law faculty in 2005 and serves as the Burton Craige Distinguished Professor of Jurisprudence. His teaching and research focuses on constitutional conflicts between presidents and Congress. Gerhardt is the author of seven books, including “Lincoln’s Mentors” (Harper Collins, 2021), and leading treatises on impeachment, appointments, presidential power, Supreme Court precedent, and separation of powers. 

He has written more than a hundred law review articles and dozens of op eds in the nation’s leading news publications, including SCOTUSblog, The New York Times, and Washington Post. His book, The Forgotten Presidents (Oxford University Press 2013), was named by The Financial Times as one of the best non-fiction books of 2013. He was inducted into the American Law Institute in 2016. Gerhardt attended the University of Chicago Law School, where he graduated order of the coif and served as a research assistant to both Phil Kurland and Cass Sunstein and as one of the two student editors of The Supreme Court Review. 

After law school, he clerked for Chief District Judge Robert McRae of the U.S. District Court of the Western District of Tennessee and Judge Gilbert Merritt of the U.S. Court of Appeals for the Sixth Circuit. He served as Deputy Media Director of Al Gore’s first Senate campaign, practiced law for three years for two boutique litigation firms in Washington and Atlanta, and taught for more than a decade at William & Mary Law School before joining Carolina Law.

Gerhardt’s extensive public service has included his testifying more than 20 times before Congress, including as the only joint witness in the Clinton impeachment proceedings in the House; speaking behind closed doors to the entire House of Representatives about the history of impeachment in 1998; serving as special counsel to the Senate Judiciary Committee for eight of the nine sitting Supreme Court justices; and as one of four constitutional scholars called by the House Judiciary Committee during President Trump’s impeachment proceedings. 

During the Clinton and first Trump impeachment proceedings, Gerhardt served as an impeachment expert for CNN. In the second impeachment trial of President Trump, he was an expert commentator for CNN, Fox, and MSNBC and served as special counsel to the Presiding Officer, Senator Patrick Leahy. In 2015, he became the first legal scholar to be asked by the Library of Congress to serve as its principal adviser in revising the official United States Constitution Annotated. In 2019, the Order of the Coif named Gerhardt as its Distinguished Visitor for 2020-2021, an award given to only one law professor each year for outstanding legal scholarship.

Source: The University of North Carolina School of Law