Walter L. Nixon, Jr.
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Walter Louis Nixon Jr. (born December 16, 1928) is a former
United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
of the
United States District Court for the Southern District of Mississippi The United States District Court for the Southern District of Mississippi (in case citations, S.D. Miss.) is a federal court in the Fifth Circuit with facilities in Gulfport, Hattiesburg, Natchez, and Jackson. Appeals from cases brought in the ...
who in 1989 was
impeached Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
by the House of Representatives and removed from office by the Senate. Because Nixon's impeachment was for perjury, the case was cited as a precedent in the impeachment trial of President Bill Clinton.


Education and career

Born in 1928, in
Biloxi Biloxi ( ; ) is a city in and one of two county seats of Harrison County, Mississippi, United States (the other being the adjacent city of Gulfport). The 2010 United States Census recorded the population as 44,054 and in 2019 the estimated popu ...
,
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
, Nixon received a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
in 1951 from
Tulane University Law School Tulane University Law School is the law school of Tulane University. It is located on Tulane's Uptown campus in New Orleans, Louisiana. Established in 1847, it is the 12th oldest law school in the United States. In addition to the usual common ...
. He entered private practice in Biloxi from 1952 to 1968, interrupted by service in the
United States Air Force The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Signal ...
from 1953 to 1955.


Federal judicial service

Nixon was nominated by President
Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
on May 29, 1968, to the
United States District Court for the Southern District of Mississippi The United States District Court for the Southern District of Mississippi (in case citations, S.D. Miss.) is a federal court in the Fifth Circuit with facilities in Gulfport, Hattiesburg, Natchez, and Jackson. Appeals from cases brought in the ...
, to a new seat authorized by 80 Stat. 75. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on June 6, 1968, and received his commission on June 7, 1968. He served as Chief Judge from 1982 to 1989. His service terminated on November 3, 1989, due to his impeachment and conviction.


Impeachment

Nixon was convicted in 1986 on perjury charges and sentenced to 5 years in prison. The offense stemmed from his grand jury testimony and statements to federal officers concerning his intervention in the state drug prosecution of Drew Fairchild, the son of Wiley Fairchild, a business partner of Nixon. Although the case was assigned to a state court, Wiley Fairchild had asked Nixon to help out by speaking to the
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
. Nixon did so, and the prosecutor, a long-time friend, dropped the case. When Nixon was interviewed by the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
(FBI) and the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
, he denied any involvement whatsoever. Subsequently, a
federal Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
was empaneled and he again denied his involvement. He was convicted of
making false statements Making false statements () is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or ...
to a grand jury. In 1989, he was
impeached Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
by the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
and convicted by the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, for committing
perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
before a
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
. Upon his conviction by the Senate, he was removed from office. Nixon
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
ed his impeachment and removal to the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. In ''
Nixon v. United States ''Nixon v. United States'', 506 U.S. 224 (1993), was a United States Supreme Court decision that determined that a question of whether the Senate had properly tried an impeachment was political in nature and could not be resolved in the courts if ...
'', handed down in 1993, the Court rejected his appeal as a
nonjusticiable Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party ...
political question In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution ...
.. He returned to private practice in Mississippi from 1993 to 1998. He has practiced law in Lake Charles,
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
since 1998.


See also

*
Federal impeachment in the United States Impeachment in the United States is the process by which the House of Representatives brings charges against a civil federal officer, the vice president, or the president for misconduct alleged to have been committed. The United States Hou ...
*
Alcee Hastings Alcee Lamar Hastings ( ; September 5, 1936 – April 6, 2021) was an American politician and judge from the state of Florida. Hastings was nominated to the United States District Court for the Southern District of Florida by President Jimmy Cart ...


References


Sources


Testimony of Charles J. Cooper before the House Judiciary Committee Subcommittee on the Constitution, November 9, 1998Louisiana State Bar directoryMississippi Bar directory
, - {{DEFAULTSORT:Nixon, Walter 1928 births 20th-century American judges Disbarred American lawyers Impeached United States federal judges removed from office Judges convicted of crimes Judges of the United States District Court for the Southern District of Mississippi Living people Louisiana lawyers Military personnel from Mississippi Mississippi lawyers Mississippi politicians convicted of crimes People convicted of making false statements People from Biloxi, Mississippi Tulane University Law School alumni United States district court judges appointed by Lyndon B. Johnson