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An Affair of State: The Investigation, Impeachment, and Trial of President Clinton
RICHARD A. POSNER

An Affair of State: The Investigation, Impeachment, and Trial of President Clinton by Richard A. Posner
40 reviews (1999) (288p)
New York TimesĀ® Best Nonfiction Books

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Book Description
President Bill Clinton's year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict. In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran-Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner's experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton's impeachment ordeal.


Amazon.com Review
Richard Posner is a top-ranking member of the United States judiciary and one of the most highly respected legal theorists and philosophers. In An Affair of State, he turns his attention to the impeachment of President Bill Clinton, which stemmed from charges of perjury and obstruction of justice regarding statements about his adulterous relationship with former White House staffer Monica Lewinsky. While Posner focuses on the actual legal issues involved rather than attempt to make a case for Clinton's or any of his Republican adversaries' being evil incarnate, he does not treat the president with kid gloves. Not only does Posner claim that Clinton is a brazen liar who "flaunts his religiosity, but gives religion a bad name," he makes a strong case that the charges of perjury against the president were valid, "that [he] in several instances obstructed justice in a legal sense, and that he has never admitted lying about his relationship with Lewinsky." Along the way, Posner considers several fascinating topics, including whether the president can pardon himself--theoretically, except in cases of impeachment, he can--and even, on occasion, displays a subtle dry wit. (Among the best one-liners: "[Alan] Dershowitz criticizes Clinton, but largely for the blunders he committed in trying to conceal his affair ... and implicitly for not having retained Dershowitz as legal advisor.") An Affair of State is the smartest, most level-headed book written to date about what Posner calls "the whole Clinton-Lewinsky-Starr-impeachment business"; it is likely to retain that status for some time to come. --Ron Hogan


Other Award Winning Books by Richard A. Posner
OVERCOMING LAW by Richard A. Posner
6 reviews (1995) (608p) (NYTimes Non)
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Richard A. Posner Award Stats
Major Prize* Nominations 0  
Unique Books Nominated for a Major Prize* 0  
Pulitzer Prize Wins 0  
Pulitzer Prize Nominations 0  
National Book Critics Circle Award Wins 0  
National Book Critics Circle Award Nominations 0  
National Book Award Wins 0  
National Book Award Nominations 0  
Man Booker Prize Wins 0  
Man Booker Prize Nominations 0  
PEN/Faulkner Award Wins 0  
PEN/Faulkner Award Nominations 0  

*Major Prize = Pulitzer Prize, National Book Critics Circle Award, National Book Award, Man Booker Prize, and PEN/Faulkner Award

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