Harry E. Claiborne
   HOME

TheInfoList



OR:

Harry Eugene Claiborne (July 2, 1917 – January 19, 2004) was a
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 District of Nevada from 1978 until his
impeachment 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 ...
and removal in 1986. Appointed by President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
in 1978, Claiborne was only the fifth person in
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
history to be removed from office through impeachment by the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
and the first since
Halsted Ritter Halsted Lockwood Ritter (July 14, 1868 – October 15, 1951) was a United States district judge of the United States District Court for the Southern District of Florida. He was the thirteenth individual to be impeached by the United States House ...
in 1936. Claiborne was born in 1917 in McRae,
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
. He attended
Ouachita Baptist University Ouachita Baptist University (OBU) is a private Baptist university in Arkadelphia, Arkansas. The university's name is taken from the Ouachita (pronounced WAH-shi-tah) River, which forms the eastern campus boundary. It is affiliated with the Arka ...
and Cumberland School of Law where he received a
Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
before serving in the
United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
during
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. After the war he settled in
Las Vegas Las Vegas (; Spanish for "The Meadows"), often known simply as Vegas, is the 25th-most populous city in the United States, the most populous city in the state of Nevada, and the county seat of Clark County. The city anchors the Las Vegas ...
,
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
, where he established himself as a flamboyant and well-known defense attorney representing many prominent people with ties to Las Vegas, including entertainers like
Frank Sinatra Francis Albert Sinatra (; December 12, 1915 – May 14, 1998) was an American singer and actor. Nicknamed the "Honorific nicknames in popular music, Chairman of the Board" and later called "Ol' Blue Eyes", Sinatra was one of the most popular ...
,
Dean Martin Dean Martin (born Dino Paul Crocetti; June 7, 1917 – December 25, 1995) was an American singer, actor and comedian. One of the most popular and enduring American entertainers of the mid-20th century, Martin was nicknamed "The King of Cool". M ...
,
Judy Garland Judy Garland (born Frances Ethel Gumm; June 10, 1922June 22, 1969) was an American actress and singer. While critically acclaimed for many different roles throughout her career, she is widely known for playing the part of Dorothy Gale in '' The ...
, and Carol Burnett, and mobsters like Bugsy Siegel,
Frank "Lefty" Rosenthal Frank Lawrence Rosenthal (June 12, 1929 – October 13, 2008), also known as "Lefty" Rosenthal, was an American professional sports bettor, former Las Vegas casino executive, and organized crime associate. Rosenthal, who was once called "the gre ...
,
Joe Conforte Joseph Conforte (December 10, 1925 – March 4, 2019) was a legal brothel owner from Sparks, Nevada, spokesperson for the legal prostitution movement, a professional boxing promoter, restaurateur, philanthropist, and Nevada statesman. He owned ...
, and
Benny Binion Lester Ben Binion (November 20, 1904 – December 5, 1989), better known as Benny Binion, was an American gambling icon, career criminal, and convicted murderer who established illegal gambling operations in the Dallas-Fort Worth, Texas, area. H ...
. Claiborne served one term as a Democratic state assemblyman and ran unsuccessfully against
Howard Cannon Howard Walter Cannon (January 26, 1912 – March 5, 2002) was an American politician from Nevada. Elected to the first of four consecutive terms in 1958, he served in the United States Senate from 1959 to 1983. He was a member of the Democratic ...
in the 1964 Democratic primary for 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 ...
in
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
. The two remained friends, however, and Cannon later recommended Claiborne to President Carter for an open federal district court judicial seat in 1978. He rose to Chief Judge of the United States district court in Nevada and held that position from 1980 to 1986. Claiborne was convicted in 1984 of
tax evasion Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the taxp ...
and served 17 months of a two-year prison sentence before his release in 1987. In 1986 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 ...
impeached him and 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 ...
convicted him and removed him from office. His impeachment proceedings set a controversial new precedent of using a special twelve-member committee to collect and hear evidence, rather than the full Senate. He maintained that the Justice Department had a vendetta against him and improperly obtained the false testimony of brothel owner Joe Conforte, one of Claiborne's former clients. Claiborne was allowed to begin practicing law again in Nevada in 1987 in a decision by the Nevada Supreme Court that implicitly questioned the federal prosecution. In 2004 he committed
suicide Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and s ...
through a self-inflicted gunshot wound following health battles with
cancer Cancer is a group of diseases involving abnormal cell growth with the potential to invade or spread to other parts of the body. These contrast with benign tumors, which do not spread. Possible signs and symptoms include a lump, abnormal b ...
,
heart disease Cardiovascular disease (CVD) is a class of diseases that involve the heart or blood vessels. CVD includes coronary artery diseases (CAD) such as angina and myocardial infarction (commonly known as a heart attack). Other CVDs include stroke, hea ...
, and
Alzheimer's disease Alzheimer's disease (AD) is a neurodegeneration, neurodegenerative disease that usually starts slowly and progressively worsens. It is the cause of 60–70% of cases of dementia. The most common early symptom is difficulty in short-term me ...
.


Early life and education

Claiborne was born on July 2, 1917, in McRae,
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
. His father was Arthur Smith Claiborne Jr., a cotton farmer, and his mother was Minnie King Claiborne, a schoolteacher in
Little Rock ( The "Little Rock") , government_type = Council-manager , leader_title = Mayor , leader_name = Frank Scott Jr. , leader_party = D , leader_title2 = Council , leader_name2 ...
, Arkansas. According to Harry, the
Ku Klux Klan The Ku Klux Klan (), commonly shortened to the KKK or the Klan, is an American white supremacist, right-wing terrorist, and hate group whose primary targets are African Americans, Jews, Latinos, Asian Americans, Native Americans, and ...
's grand wizard once criticized Harry's father, Arthur, for being the only white farmer in the region who was not a member of the organization. Arthur responded, "I won't join any organization whose members need to wear hoods over their faces." After later saving an immigrant farmer from a
lynching Lynching is an extrajudicial killing by a group. It is most often used to characterize informal public executions by a mob in order to punish an alleged transgressor, punish a convicted transgressor, or intimidate people. It can also be an ex ...
, Arthur knew the KKK would return for retribution and waited at the immigrant's farm with a shotgun. When the KKK arrived, one of their members approached a barn with a lit torch, but Arthur fired a round of buckshot into him and knocked him from his horse. According to Harry, "Never again was a man lynched by the KKK in his community because they knew they would have to answer to rthurClaiborne." The event had a profound impact on Harry's worldview. Growing up in McRae, Claiborne gained a reputation for his speaking ability. He would often accompany his grandfather to view court proceedings at the White County Courthouse in nearby Searcy, Arkansas. Claiborne attended
Ouachita Baptist University Ouachita Baptist University (OBU) is a private Baptist university in Arkadelphia, Arkansas. The university's name is taken from the Ouachita (pronounced WAH-shi-tah) River, which forms the eastern campus boundary. It is affiliated with the Arka ...
. He was determined to attend law school at
Louisiana State University Louisiana State University (officially Louisiana State University and Agricultural and Mechanical College, commonly referred to as LSU) is a public land-grant research university in Baton Rouge, Louisiana. The university was founded in 1860 nea ...
so he hitchhiked to
Baton Rouge Baton Rouge ( ; ) is a city in and the capital of the U.S. state of 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-sma ...
,
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 ...
, seeking admission. At the time one only needed two years of college for admittance to law school. After he was refused admission, Claiborne hitchhiked back home to Arkansas and caught a ride with a salesman named Schneider, who told Claiborne that he was childhood friends with Judge Albert B. Neil, the chief justice of the Tennessee Supreme Court. Mr. Schneider gave Claiborne a letter of introduction, and after visiting Neil in person, Claiborne was granted admission to Cumberland School of Law, then part of Cumberland University in
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
. He graduated from Cumberland with a
Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
in June 1941 and returned to Arkansas, where he was a clerk in the Coulter Law Firm of Little Rock ( Pulaski County).


Pre-judicial career

In 1942 during
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, Claiborne was admitted to practice in his home state of
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
, but since the war had just begun, he enlisted in the
United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
and was sent to the
Santa Ana Army Air Base Santa Ana Army Air Base (SAAAB) was a World War II-era air base located near Santa Ana, California. The air base was decommissioned in 1946, and part of the land was annexed by Costa Mesa in 1953. The air base was used for basic training, alth ...
. He served in the military police force. He would later say that he was inspired by his father's stand against the Ku Klux Klan and so refused to go along with the internment of Japanese Americans in camps, and was punished for doing so. Whatever happened, by 1943, Claiborne was promoted to warrant officer and transferred to what is now Nellis Air Force Base near
Las Vegas Las Vegas (; Spanish for "The Meadows"), often known simply as Vegas, is the 25th-most populous city in the United States, the most populous city in the state of Nevada, and the county seat of Clark County. The city anchors the Las Vegas ...
,
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
. His job was to investigate AWOL (absent without leave) incidents. Later, he guarded prisoners and supervised the military police who patrolled downtown Las Vegas. He was briefly stationed in
New Mexico ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe , LargestCity = Albuquerque , LargestMetro = Tiguex , OfficialLang = None , Languages = English, Spanish ( New Mexican), Navajo, Ker ...
and then
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
. Claiborne was issued a train ticket home to Arkansas in 1945, but he instead opted to go to Las Vegas. Within a day of arriving, he secured a job as a patrolman for the
Las Vegas Police Department The Las Vegas Metropolitan Police Department (also known as the LVMPD or Metro) is a combined city and county law enforcement agency for the City of Las Vegas and Clark County, Nevada, United States. It is headed by the Sheriff of Clark County, w ...
. By 1947, he was admitted to the Nevada state bar and was working in the Clark County District Attorney's office. He was later the chief deputy district attorney for Clark County (1946–1948) and served as a state assemblyman in 1948. That same year he also served as city attorney for North Las Vegas. After entering private practice Claiborne quickly became a well-known defense attorney in
Las Vegas Las Vegas (; Spanish for "The Meadows"), often known simply as Vegas, is the 25th-most populous city in the United States, the most populous city in the state of Nevada, and the county seat of Clark County. The city anchors the Las Vegas ...
. Claiborne not only represented many police officers in legal matters without charge, but helped establish the police protective association in Las Vegas and was instrumental in securing the passage of legislation providing for civil service status for policemen and firemen by the Nevada legislature. He was considered one of Nevada's top defense lawyers, representing many prominent people with ties to Las Vegas.
Frank Sinatra Francis Albert Sinatra (; December 12, 1915 – May 14, 1998) was an American singer and actor. Nicknamed the "Honorific nicknames in popular music, Chairman of the Board" and later called "Ol' Blue Eyes", Sinatra was one of the most popular ...
and
Dean Martin Dean Martin (born Dino Paul Crocetti; June 7, 1917 – December 25, 1995) was an American singer, actor and comedian. One of the most popular and enduring American entertainers of the mid-20th century, Martin was nicknamed "The King of Cool". M ...
hired him for casino licensing matters.
Judy Garland Judy Garland (born Frances Ethel Gumm; June 10, 1922June 22, 1969) was an American actress and singer. While critically acclaimed for many different roles throughout her career, she is widely known for playing the part of Dorothy Gale in '' The ...
, Carol Burnett, and one of
Errol Flynn Errol Leslie Thomson Flynn (20 June 1909 – 14 October 1959) was an Australian-American actor who achieved worldwide fame during the Golden Age of Hollywood. He was known for his romantic swashbuckler roles, frequent partnerships with Olivia ...
's wives came to him for divorces. He represented several mobsters like Bugsy Siegel and
Frank "Lefty" Rosenthal Frank Lawrence Rosenthal (June 12, 1929 – October 13, 2008), also known as "Lefty" Rosenthal, was an American professional sports bettor, former Las Vegas casino executive, and organized crime associate. Rosenthal, who was once called "the gre ...
. He also represented Giuseppe "Joe" Conforte, the owner of the
Mustang Ranch The Mustang Ranch is a brothel in Storey County, Nevada, about east of Reno. It is currently located at 1011 Wild Horse Canyon Drive, Sparks, Nevada, 89434. Under past owner Joe Conforte, Mustang Ranch Brothel, the precursor to Mustang Ranch, be ...
brothel, and
Benny Binion Lester Ben Binion (November 20, 1904 – December 5, 1989), better known as Benny Binion, was an American gambling icon, career criminal, and convicted murderer who established illegal gambling operations in the Dallas-Fort Worth, Texas, area. H ...
, owner of the
Horseshoe Casino Binion's Gambling Hall & Hotel, formerly Binion's Horseshoe, is a casino on Fremont Street along the Fremont Street Experience mall in Downtown Las Vegas, Nevada. It is owned by TLC Casino Enterprises. The casino is named for its founder, Be ...
. All his clients, whoever they were, were advised not to fill out financial net worth statements when applying for gaming licenses; Claiborne said these could be used as evidence in possible income tax evasion prosecutions by the IRS. He said he personally would never fill one out. Claiborne was a flamboyant attorney who would frighten other lawyers by carrying in large stacks of papers that he passed off as his evidence in the case, but in reality the papers in the folders often were blank. In 1974 and 1975 Claiborne served as a special assistant to the United States Senate Committee on Rules and Administration during the historic hearings on
Nelson Rockefeller Nelson Aldrich Rockefeller (July 8, 1908 – January 26, 1979), sometimes referred to by his nickname Rocky, was an American businessman and politician who served as the 41st vice president of the United States from 1974 to 1977. A member of t ...
's nomination to the vice-presidency.


1964 United States Senate campaign

In 1964, Claiborne launched a "quixotic, albeit short-lived, campaign for Senate at the last minute on July 15." His campaign in the Democratic primary for 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 ...
was against his friend, incumbent Senator
Howard Cannon Howard Walter Cannon (January 26, 1912 – March 5, 2002) was an American politician from Nevada. Elected to the first of four consecutive terms in 1958, he served in the United States Senate from 1959 to 1983. He was a member of the Democratic ...
. Years later Claiborne indicated he was recruited to run by party activists concerned that Cannon's ties to Bobby Baker, the Senate secretary who was then at the center of a financial scandal, would cause the party to lose the seat. Two others entered the primary as well – Las Vegas civil rights activist James McMillan and
Sparks Sparks may refer to: Places *Sparks, Georgia * Sparks, Kansas *Sparks, Kentucky *Sparks, Maryland * Sparks, Nebraska *Sparks, Nevada *Sparks, Oklahoma *Sparks, Texas * Sparks, Bell County, Texas * Sparks, West Virginia Books * ''Sparks'' (Raffi ...
City Council A municipal council is the legislative body of a municipality or local government area. Depending on the location and classification of the municipality it may be known as a city council, town council, town board, community council, rural counc ...
man Bill Galt. However, Claiborne was seen as a bigger threat to Cannon due to Claiborne's high-profile in Las Vegas and his "man-on-the-street appeal" that the other contenders could not match. ''
Las Vegas Review-Journal The ''Las Vegas Review-Journal'' is a daily subscription newspaper published in Las Vegas, Nevada, since 1909. It is the largest circulating daily newspaper in Nevada and one of two daily newspapers in the Las Vegas area. The ''Review-Journal'' ...
'' reporter
Jude Wanniski Jude Thaddeus Wanniski (June 17, 1936 – August 29, 2005) was an American journalist, conservative commentator, and political economist. Early life and education Wanniski was born in Pottsville, Pennsylvania, the son of Constance, who worked at ...
wrote that Claiborne "seems forceful, animated and determined – even if less organized. He bills himself as a fighter and he sounds that way. He mispronounces words here and there, and, for a lawyer, mangles the English language to an unbelievable extent. But it's all masculine and vigorous." Nevertheless, Claiborne's primary campaign "soon deteriorated into a piecemeal, uncoordinated exercise that almost all political analysts and journalists described as hopeless." Cannon ultimately won the nomination and received 59% of the vote. Claiborne placed third, receiving 10,807 votes compared to Galt's 12,054 votes. On primary election night, Claiborne rushed to Cannon's campaign headquarters to congratulate him and pledge support in the general election, proclaiming, "Howard Cannon is a fine man. I know he can serve us better than his opponent." Nearly forty years later, Claiborne noted, "I misjudged the Baker factor. I thought it would defeat Howard."


Federal judicial service

On July 25, 1978, Claiborne was nominated by President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
to a seat on the United States District Court for the District of Nevada vacated by Judge Bruce R. Thompson, on the recommendation of Claiborne's former opponent, Senator
Howard Cannon Howard Walter Cannon (January 26, 1912 – March 5, 2002) was an American politician from Nevada. Elected to the first of four consecutive terms in 1958, he served in the United States Senate from 1959 to 1983. He was a member of the Democratic ...
. During the appointment process, on August 8, 1978, a hearing was held before the
United States Senate Committee on the Judiciary The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, a ...
concerning his qualifications and background. At the start of that hearing, the acting chairman, Senator
Dennis DeConcini Dennis Webster DeConcini (; born May 8, 1937) is an American lawyer, philanthropist, politician and former Democratic U.S. Senator from Arizona. The son of former Arizona Supreme Court Judge Evo Anton DeConcini, he represented Arizona in the Unit ...
, stated for the record that he had been advised that a "substantial majority" of the Standing Committee on the Federal Judiciary of the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...
was of the opinion that Claiborne was "well qualified" for appointment to the federal bench; a minority of the Bar Association's committee found him not qualified on the sole ground that Claiborne was, at that time, sixty-one years of age. Although not part of any official Senate proceedings, other sources note that Claiborne was unique as a federal judge, given that most federal judges had experience as Assistant
United States Attorneys United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
. He also maintained a close friendship with former client
Benny Binion Lester Ben Binion (November 20, 1904 – December 5, 1989), better known as Benny Binion, was an American gambling icon, career criminal, and convicted murderer who established illegal gambling operations in the Dallas-Fort Worth, Texas, area. H ...
, a casino owner and convicted murderer; the two men frequently ate lunch together. Moreover, Claiborne was known for cashing large checks at Las Vegas casinos and had a "reputation for liking whiskey and flashy women." Claiborne 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 August 11, 1978, received his commission the same day, and was sworn in on September 1, 1978.''State Bar of Nevada v. Claiborne'', 756 P.2d 464 (Nev. S. Ct. 1988) He served as Chief Judge from 1980 to 1986.


Allegations of impropriety

In April 1977,
Joe Conforte Joseph Conforte (December 10, 1925 – March 4, 2019) was a legal brothel owner from Sparks, Nevada, spokesperson for the legal prostitution movement, a professional boxing promoter, restaurateur, philanthropist, and Nevada statesman. He owned ...
– one of Claiborne's former clients who owned a well-known
Storey County, Nevada Storey County is a county located in the U.S. state of Nevada. As of the 2020 census, the population was 4,104, making it the third-least populous county, but one of the fastest-growing economies in Nevada. In 2018, over 18,000 people were emplo ...
, brothel called
Mustang Ranch The Mustang Ranch is a brothel in Storey County, Nevada, about east of Reno. It is currently located at 1011 Wild Horse Canyon Drive, Sparks, Nevada, 89434. Under past owner Joe Conforte, Mustang Ranch Brothel, the precursor to Mustang Ranch, be ...
– was arrested on 10 counts of income tax evasion and faced a minimum five years in prison and $10,000 fine. He appealed his conviction but fled the country in 1980 when he lost the appeal. Just before fleeing in December 1980, Conforte contacted a prosecutor and offered to become a federal witness against officials he said he had bribed. The most prominent name on Mr. Conforte's list was Harry Claiborne. Conforte claimed he paid Claiborne $85,000 in bribes to give to federal appeals judges to reverse his tax conviction and quash the subpoenas of two prostitutes in a federal investigation into voter fraud. Joseph Yablonsky, who headed the Las Vegas FBI office from 1980 to 1983, offered Conforte millions of dollars in tax breaks for his testimony against Claiborne. Gerald Swanson, who served alongside Yablonsky as director of the
Internal Revenue Service The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory ta ...
in Nevada, could not verify the allegations and therefore refused to support a grand jury probe based on Conforte's testimony. Since Yablonsky needed Swanson's help with tax breaks for Conforte, he targeted him in a phony sting to see if he would accept bribes to reduce Conforte's tax bill. Swanson did not take the bait and the sting was aborted with no charges, but Swanson was nevertheless placed on administrative leave in 1982 and later transferred to Dallas, where he became an assistant regional commissioner. With Swanson neutralized, Yablonsky was able in 1983 to get the help of the IRS in returning Conforte to the United States in exchange for testimony against Claiborne. A federal
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 ...
heard testimony against Claiborne in
Portland Portland most commonly refers to: * Portland, Oregon, the largest city in the state of Oregon, in the Pacific Northwest region of the United States * Portland, Maine, the largest city in the state of Maine, in the New England region of the northeas ...
and
Reno Reno ( ) is a city in the northwest section of the U.S. state of Nevada, along the Nevada-California border, about north from Lake Tahoe, known as "The Biggest Little City in the World". Known for its casino and tourism industry, Reno is the c ...
, where the Conforte bribes allegedly took place, before indicting Claiborne on
bribery Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...
,
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
, and
tax evasion Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the taxp ...
on December 8, 1983. In April 1984, however, the jury deadlocked and a mistrial was declared, primarily because Conforte's bribery testimony did not hold up in court. Trial evidence showed that Conforte could not have been in Nevada to make one of the bribes because he was in New York renewing a passport while appealing his tax conviction. According to Swanson, "Conforte perjured himself consistently at the trial. His testimony was fabricated. I don't think there were any bribes at all. Conforte constructed the testimony to suit Yablonsky's needs." At Claiborne's second trial in July 1984, prosecutors dismissed the bribery charges and proceeded only with the tax charges, which did not involve Conforte. Claiborne was ultimately convicted the next month for failing to report more than $107,000 on his 1979 and 1980 federal income tax returns, money he earned as a lawyer before his appointment by President Carter in 1978. Prosecutors alleged that the judge had hidden thousands of dollars in attorneys fees from the IRS after he was appointed to the federal bench in 1978. On August 10, 1984, Claiborne was found guilty in the U.S. District Court of Nevada for tax evasion, fined $10,000, and sentenced to two years in prison. He became the first federal judge ever convicted of crimes while on the bench. On March 16, 1986, Claiborne began serving his prison sentence in a federal prison at Maxwell Air Force Base in
Montgomery, Alabama Montgomery is the capital city of the U.S. state of Alabama and the county seat of Montgomery County. Named for the Irish soldier Richard Montgomery, it stands beside the Alabama River, on the coastal Plain of the Gulf of Mexico. In the 202 ...
. He was there for 17 months until October 1987. Many lawyers and judges in the Nevada legal community regarded it as a case of selective prosecution. Swanson said that had Conforte not been brought in to testify against Claiborne and give him a bad name, the IRS would have resolved the judge's tax problems through routine civil proceedings. Claiborne long maintained he was too busy on the bench to pay close attention to his tax return, noting he never even looked at the document until his accountant brought it to him. "I asked how much I owed, and I wrote a check." Supporter Nevada State District Judge Michael Cherry further alleged in 2004, "He was very, very fair to criminal defendants to his detriment. I think that is why the government was so interested in prosecuting him and knocking him off the bench." That the money was owed, but not paid, was generally conceded.


Impeachment and removal

When Claiborne entered prison on March 16, 1986, for tax evasion, he intended to return to the bench two years later and therefore did not resign his judiciary post. As a result, he continued to receive his salary of $78,700 a year. This brought considerable controversy and pressure on some in Congress to remove him. However, the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
allowed only one method for removing a federal judge –
impeachment 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 ...
.


U.S. House proceedings


Impeachment articles

On May 22, 1986, Rep. F. James Sensenbrenner, Jr. (R, WI) called for impeachment. On June 3, 1986, Rep.
Peter Rodino Peter Wallace Rodino Jr. (June 7, 1909 – May 7, 2005) was an American Democratic politician. He represented parts of Newark, New Jersey and surrounding Essex and Hudson counties for twenty terms from 1949 to 1989. He was the longest-serving ...
(D, NJ) introduce
H.Res 461
calling for impeachment of high crimes and misdemeanors. The resolution was referred to the House Judiciary Subcommittee on Courts, Civil Liberties and the Administration of Justice. The subcommittee approved the impeachment articles on June 24, 1986. The subcommittee version of Article IV also charged that Claiborne had violated his oath of office. But several members, particularly Bruce Morrison, D-Conn., and
Michael DeWine Richard Michael DeWine (; born January 5, 1947) is an American politician and attorney serving as the 70th and current governor of Ohio. A member of the Republican Party, DeWine began his career as a prosecutor before being elected to the Ohi ...
, R-Ohio, opposed this language. Morrison argued the entire article was unnecessary and preferred to rely on only the first three articles to make clear that conviction of a felony was enough to warrant removing a judge from office. However,
Robert Kastenmeier Robert William Kastenmeier (January 24, 1924March 20, 2015) was an American Democratic politician who represented central Wisconsin in the United States House of Representatives for 32 years, from 1959 until 1991. He was a key sponsor of the Co ...
, D-Wis., chairman of the U.S. House Courts Subcommittee, argued strongly for inclusion of the article, saying it alleged conduct that was an impeachable offense and was premised on the fact that Claiborne had violated the canons of judicial ethics. Ultimately the subcommittee agreed to a DeWine amendment striking language referring to the oath of office and adding language asserting that Claiborne had "betrayed the trust of the people of the United States." The article was subsequently approved and adopted by the subcommittee on June 24, 1986. In drafting the impeachment articles, the Judiciary Committee tried to stick closely to the jury findings on tax evasion and to the conviction itself. Committee members wanted to avoid general charges that could give Goodman an opening for going beyond the findings of the Nevada jury.


Moving for impeachment

During a two-hour presentation on June 19, 1986, to Kastenmeier's subcommittee before the panel drew up articles of impeachment, future Las Vegas Mayor Oscar Goodman, Claiborne's principal lawyer, repeated his allegations that Claiborne's trial was tainted by government misconduct. But members indicated these assertions were irrelevant. Kastenmeier noted the allegations did not change the facts — that Claiborne was found by a Nevada jury to have filed false income tax returns in 1979 and 1980. Having passed the subcommittee, the matter moved on to be considered by the
United States House Committee on the Judiciary The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, a ...
, which had last considered an impeachment in 1974 when it recommended removing President
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
from office (Nixon resigned before a House vote). Judiciary Chairman Peter Rodino, Jr., D-N.J., who presided over those Nixon proceedings, told colleagues on June 26, 1986, that judges "simply cannot act in a way that violates the public trust and undermines the integrity of the judicial office. Once public confidence in the courts erodes, our tripartite system of government fails." Whether or not tax fraud rose to the level of "high crimes and misdemeanors," or whether a convicted felon could be allowed to remain on the federal bench, were not questions discussed at great length. After only a few hours of debate, the House Judiciary Committee reported the articles of impeachment.


Impeachment vote

On July 22, 1986, the United States House of Representatives adopted H Res 461, voting to impeach Claiborne on a 406-0 roll call. As a unanimous vote, Claiborne's fellow Nevadans, Reps. Harry Reid, a Democrat, and
Barbara Vucanovich Barbara Farrell Vucanovich (June 22, 1921 – June 10, 2013) was an American Republican politician who was the first Latina elected to the United States House of Representatives, in which she served representing Nevada from 1983 to 1997. Ba ...
, a Republican, also voted for impeachment. Claiborne became the 14th federal official to be impeached by the U.S. House and the first to be impeached on a unanimous roll-call vote. While his impeachment was historic, the debate and final action on July 22 was anticlimactic. No one really doubted that Claiborne would be impeached or that it would be unanimous. On August 6, 1986, the U.S. House presented articles of impeachment to the U.S. Senate.
Hamilton Fish IV Hamilton Fish IV or Hamilton Fish Jr. (June 3, 1926 – July 23, 1996) was an American Republican politician who represented parts of New York's Hudson Valley region in the United States House of Representatives for thirteen terms from 1969 to ...
, R-N.Y., the ranking Republican on the House Judiciary Committee, expressed his position saying, "Judge Claiborne is more than a mere embarrassment. He is a disgrace — an affront — to the judicial office and the judicial branch he was appointed to serve." Judiciary Chairman Rodino spoke of safeguarding the judicial system, noting, "If we fail to act, the confidence of the people in that system will be gravely jeopardized." Kastenmeier added that the House had "a responsibility to the public. The purpose of impeachment is not to punish the individual but to protect the institution." Following the impeachment vote, the House selected nine Judiciary Committee members, led by Rodino, to manage, or try, the case against Claiborne in the Senate. The chief House prosecutor was
William J. Hughes William John Hughes (October 17, 1932 – October 30, 2019) was an American politician and diplomat who served as a Democratic member of the U.S. House of Representatives from 1975 to 1995, representing New Jersey's Second Congressional Distri ...
, D-N.J., chairman of the Crime Subcommittee and a lawyer who served for more than 10 years as a New Jersey prosecutor. The other House managers were Kastenmeier;
Romano Mazzoli Romano Louis "Ron" Mazzoli (November 2, 1932 – November 1, 2022) was an American politician and lawyer from Kentucky. He represented Louisville, Kentucky, and its suburbs in the United States House of Representatives from 1971 through 1995 as ...
, D-Ky.;
Dan Glickman Daniel Robert Glickman (born November 24, 1944) is an American politician, lawyer, lobbyist, and nonprofit leader. He served as the United States Secretary of Agriculture from 1995 until 2001, prior to which he represented as a Democrat in Congr ...
, D-Kan.; Fish;
Henry Hyde Henry John Hyde (April 18, 1924 – November 29, 2007) was an American politician who served as a Republican member of the United States House of Representatives from 1975 to 2007, representing the 6th District of Illinois, an area of Chicago's ...
, R-Ill.;
Thomas Kindness Thomas Norman Kindness (August 26, 1929January 8, 2004) was a member of the United States House of Representatives representing Ohio from January 3, 1975 to January 3, 1987. Life and career Born in Knoxville, Tennessee, Kindness graduated from ...
, R-Ohio; and DeWine.


Senate proceedings

When the U.S. House formally presented the Senate with the four articles of impeachment against Claiborne on August 6, 1986, it set the stage for the first U.S. Senate impeachment trial in fifty years. House Judiciary Chairman, Rep. Rodino, was joined by eight other House managers and read each of the articles "to an unusually somber Senate. About 40 senators were in their seats listening." Vice President
George Bush George Bush most commonly refers to: * George H. W. Bush (1924–2018), 41st president of the United States and father of the 43rd president * George W. Bush (born 1946), 43rd president of the United States and son of the 41st president Georg ...
presided over a ceremony where members of the Senate took a special oath for the impeachment trial. The only one absent was Arizona Senator
Barry Goldwater Barry Morris Goldwater (January 2, 1909 – May 29, 1998) was an American politician and United States Air Force officer who was a five-term U.S. Senator from Arizona (1953–1965, 1969–1987) and the Republican Party nominee for presiden ...
, who was ill.


Senate procedures

On July 25, 1986, the Senate Rules Committee met to draft rules for impeachment trial and on August 12, 1986, the Senate Rules Committee approved revisions of Senate impeachment rules. On August 14, 1986, the Senate established procedures for the impeachment trial, including approvin
S. Res. 481
providing for the use of trial committee to hear evidence. Rather than convening the entire Senate into a High Court of Impeachment, the Senate agreed that evidence in the Claiborne impeachment trial would be heard, first, by a 12-member panel created for that purpose. Acting upon a Senate rule adopted in 1935, but never used, the Senate Impeachment Trial Committee examined evidence and heard testimony before reporting its findings to the full Senate. All previous impeachment trials had been conducted before the full Senate. The Senate ultimately decided to use the special committee because Senate leadership did not believe there was enough time for the full Senate to hear all the testimony and wanted to avoid postponing the trial to a lame-duck session or until the next Congress. Under Senate impeachment rules, the committee could gather evidence, summon witnesses, hear testimony, and present a report to the full Senate. However, the committee could not make a recommendation on whether to convict the impeached official. All senators would then have the opportunity to review the evidence before the chamber voted to convict or acquit. The Senate's use of a committee was controversial and some feared it gave Claiborne a basis on which to criticize the proceedings. Others defended the procedure and argued the Senate was not bound by federal courts traditions and standards. The committee was made up of six Republicans named by Majority Leader
Bob Dole Robert Joseph Dole (July 22, 1923 – December 5, 2021) was an American politician and attorney who represented Kansas in the United States Senate from 1969 to 1996. He was the Republican Leader of the Senate during the final 11 years of his te ...
and six Democrats named by Minority Leader Robert Byrd. All were lawyers. The Republicans were
Orrin Hatch Orrin Grant Hatch (March 22, 1934 – April 23, 2022) was an American attorney and politician who served as a United States senator from Utah from 1977 to 2019. Hatch's 42-year Senate tenure made him the longest-serving Republican U.S. senator ...
(Utah), Charles Mathias (Maryland),
Mitch McConnell Addison Mitchell McConnell III (born February 20, 1942) is an American politician and retired attorney serving as the senior United States senator from Kentucky and the Senate minority leader since 2021. Currently in his seventh term, McConne ...
(Kentucky), Larry Pressler (South Dakota),
Warren Rudman Warren Bruce Rudman (May 18, 1930November 19, 2012) was an American attorney and Republican politician who served as United States Senator from New Hampshire between 1980 and 1993. He was known as a moderate centrist, to such an extent that Pres ...
(New Hampshire), and
John Warner John William Warner III (February 18, 1927 – May 25, 2021) was an American lawyer and politician who served as the United States Secretary of the Navy from 1972 to 1974 and as a five-term Republican U.S. Senator from Virginia from 1979 to 200 ...
(Virginia). Senators Hatch, Mathias, and McConnell were members of the Judiciary Committee. Rudman was a former state attorney general. The Democrats were
Jeff Bingaman Jesse Francis "Jeff" Bingaman Jr. (born October 3, 1943) is an American politician who served as a United States Senator from New Mexico from 1983 to 2013, for 5 terms. A member of the Democratic Party, he served as Chairman of Committee Outreac ...
(New Mexico),
Dennis DeConcini Dennis Webster DeConcini (; born May 8, 1937) is an American lawyer, philanthropist, politician and former Democratic U.S. Senator from Arizona. The son of former Arizona Supreme Court Judge Evo Anton DeConcini, he represented Arizona in the Unit ...
(Arizona),
Al Gore Albert Arnold Gore Jr. (born March 31, 1948) is an American politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. Gore was the Democratic Part ...
(Tennessee),
Howell Heflin Howell Thomas Heflin (June 19, 1921 – March 29, 2005) was an American lawyer and politician who served in the United States Senate, representing Alabama, from 1979 to 1997. Early life Heflin was born on June 19, 1921, in Poulan, Georgia. He at ...
(Alabama), David Pryor (Arkansas), and Paul Sarbanes (Maryland). Heflin was a former chief justice of the
Alabama Supreme Court The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of a chief justice and eight associate justices. Each justice is elected in partisan elections for staggered six-year terms. The Supreme Court is house ...
, Bingaman was a former state attorney general, and Sarbanes had served on the House Judiciary Committee in 1974 when it voted on articles of impeachment against President Nixon.


Special senate committee

On September 15, 1986, the Senate Impeachment Trial Committee began seven days of hearings before television cameras in the Senate Caucus Room in the
Russell Senate Office Building The Russell Senate Office Building is the oldest of the United States Senate office buildings. Designed in the Beaux-Arts architectural style, it was built from 1903 to 1908 and opened in 1909. It was named for former Senator Richard Russell ...
, the same room used by the special Watergate committee in 1973 for the investigation of President Nixon. Although Nixon's Watergate hearings were in the legislative tradition, the Claiborne hearings resembled more of a judicial proceeding. The House managers, acting as prosecutors, were on one side of the room, and on the other side was Claiborne, escorted by federal marshals and his lawyers. Claiborne's primary lawyer was future Las Vegas Mayor Oscar Goodman. The special senate committee was chaired by Sen. Charles Mathias, who tried to follow the rules of evidence and procedures used in a courtroom trial. For the first couple of days senators submitted their questions to Sen. Mathias and he put them to the witnesses. But on September 17, 1986, the full Senate quickly adopted a rule permitting each senator to ask their own questions. After seven days of testimony, on September 23, 1986, the committee finished gathering. Nearly two of the seven days were devoted to questioning Claiborne. On September 30, 1986, the Trial Committee presented it
report to the Senate


Claiborne's defense

Former Sen.
Howard Cannon Howard Walter Cannon (January 26, 1912 – March 5, 2002) was an American politician from Nevada. Elected to the first of four consecutive terms in 1958, he served in the United States Senate from 1959 to 1983. He was a member of the Democratic ...
, D-Nev., who had helped convince President Carter to appoint Claiborne in 1978 and who was advising Goodman during the impeachment action, said on July 24, 1986, that Claiborne wanted to use the Senate trial to publicize the misconduct charges. "His objective is to try this matter of prosecutorial and government misconduct. He wants the opportunity to present that full-blown someplace. The only place, obviously, is before the Senate." Claiborne told the senate panel he had been "chased" from the bench by ambitious federal agents and that he had been wrongly convicted for willfully filing false income tax returns. "They have been pursuing me like a pack of wolves would pursue a sick caribou. I know what they have done to my family. I know what they have done to my life. I am innocent. I don't feel innocent merely. I am innocent." Although he acknowledged his 1979 and 1980 tax returns under-reported income, he blamed his tax preparers for the "brutal errors" and said he was only guilty of "neglecting my personal affairs terribly." During the proceedings, senators frequently asked Claiborne how his taxes were prepared and how much he knew about
tax law Tax law or revenue law is an area of legal study in which public or sanctioned authorities, such as federal, state and municipal governments (as in the case of the US) use a body of rules and procedures (laws) to assess and collect taxes in a ...
, noting that he ruled as a judge in tax cases. Sen. Warner and Nicholas Chabraja, special House counsel for the Claiborne trial, read many of Claiborne's opinions involving tax cases and indicated skepticism of Claiborne's claims that he did not know much about tax law. But Claiborne noted when he was in private practice, he never handled tax cases and never filled out his own returns. He also countered that although some of the cases he presided over as a judge may have had tax issues, they generally rested on other legal principles. Claiborne's 1979 tax return prepared by his accountant Joseph Wright indicated that his legal fee income for the year was $41,073.93, but the tax return only reported income of $22,332.87 from legal fees. Claiborne insisted that on April 11, 1980, he directed his secretary, Judy Ahlstrom, to send a letter to Wright correcting his fee income. Ahlstrom confirmed that she dropped the letter off at Wright's office. However, Wright and his wife, Connie, who helped manage the office, testified they never got the letter. Claiborne alleged he remembered seeing it on Wright's desk. To bolster the point Claiborne's lawyer, Oscar Goodman, produced a surprise witness, Ellen Arthur, who said in an affidavit submitted on September 23, 1986, that while she was working for Wright she received an envelope from Ahlstrom containing tax papers from Claiborne. However, Arthur's affidavit did not say that she opened the envelope nor that she saw what was in it. For his 1980 tax returns, Claiborne stopped using Wright (whom he had used for more than 30 years) and switched to a new tax preparer named Jerry Watson, owner of Creative Tax and Business Planning, who completed the returns in pencil. Claiborne admitted he had "an impression" something was wrong with his 1980 return, but claimed he did not really look at it until he was indicted in 1983. He did not find any issues with Watson reducing the taxable income from the $725,000 sale of his house in 1980, nor was he surprised to see that he would get a refund of $20,927. Claiborne estimated he would still owe the government $25,000 for 1980 and he sent a check for that amount when he applied for an extension to file his 1980 return. The $25,000 was returned along with the $20,927 refund. Senator Larry Pressler and several other senators questioned Claiborne about why he started cashing checks at Las Vegas casinos, especially checks as large as $37,000 and $42,000, and questioned that amount of cash could fit into pockets. Claiborne responded that cashing checks at casinos was a common practice in Las Vegas and that he did it because he needed cash for repairs on his new home. He denied that he used the money for gambling or carousing, noting, "I think I'm about as colorful and flamboyant as a cold mashed potato sandwich." A dramatic exchange occurred on September 22, 1986, when Chabraja sought to find a motive for Claiborne's underreporting of taxes in 1980. After Chabraja suggested it was greed, Claiborne quickly responded that there was nothing to indicate in "my whole professional life or my personal life that I have been greedy. I will tell you sir, your remark wounds me and I am sorry for that. Because I think you are a very fine lawyer, and it is regrettable that you would engage in such conduct, particularly in view of the fact that I have been a good judge." When Sen.
Mitch McConnell Addison Mitchell McConnell III (born February 20, 1942) is an American politician and retired attorney serving as the senior United States senator from Kentucky and the Senate minority leader since 2021. Currently in his seventh term, McConne ...
asked Claiborne why he should not be removed from office, Claiborne responded, "The biggest danger I can see to the federal court is if ever there be created a buddy relationship between the federal judiciary and the executive branch."


Trial and conviction

For Claiborne's Senate trial, the Senate "well" (front of the chamber) was arranged to resemble a courtroom with one side featuring a table with Claiborne and his lawyers, and the other side featuring the nine House managers and their special counsel, Chabraja. A speaker's stand was between the tables for each side to make arguments. On October 7, 1986, sitting as a Court of Impeachment, the Senate heard closing arguments, including an argument by defense that the use of a trial committee was unconstitutional. Claiborne was eager to present the witnesses that could have corroborated his defense and he and his attorneys argued that by using a special committee, the Senate had denied Claiborne his constitutional right to a full trial before the entire Senate. But both a federal district judge and an appeals court panel in Washington, D.C., determined they lacked authority to adjudicate an impeachment trial. Two hours before the final vote, Chief Justice William Rehnquist denied Claiborne's request for a stay. The Senators were close to a recess and were therefore in no mood to extend the trial hearings further. On October 8, 1986, then-Majority Leader
Bob Dole Robert Joseph Dole (July 22, 1923 – December 5, 2021) was an American politician and attorney who represented Kansas in the United States Senate from 1969 to 1996. He was the Republican Leader of the Senate during the final 11 years of his te ...
moved to prevent Claiborne from presenting witnesses and instead call for a separate congressional investigation into those alleged abuses. The Senate agreed by a vote of 61–32. However, the separate probe never took place. On October 9, 1986, the United States Senate voted on whether to convict Claiborne on all four articles of impeachment. During a typical senate vote, senators answer "aye" or "no," but during the conviction hearings senators were told to stand and say "guilty," "not guilty," or "present." Senate President Pro Tempore
Strom Thurmond James Strom Thurmond Sr. (December 5, 1902June 26, 2003) was an American politician who represented South Carolina in the United States Senate from 1954 to 2003. Prior to his 48 years as a senator, he served as the 103rd governor of South Caro ...
put the question before each roll call: "Senators, how say you: Is the respondent, Harry E. Claiborne, guilty or not guilty?" Even
John Stennis John Cornelius Stennis (August 3, 1901April 23, 1995) was an American politician who served as a U.S. Senator from the state of Mississippi. He was a Democrat who served in the Senate for over 41 years, becoming its most senior member for his ...
, who had lost a leg to cancer two years earlier, pulled himself to a standing position each time his name was called.- The vote on the third article of impeachment held particular significance for the history of impeachment trials. Article 3 essentially stated that Claiborne's conviction by a jury trial in the district court proved that he was guilty of "misbehavior" and "high crimes." With a vote of 46 to 17 (35 voted "present"), Article 3 was the only article not to achieve the required two-thirds majority for conviction. In voting down this article, senators expressed concern that adoption might set a troublesome precedent: by declaring that a court conviction was automatic grounds for conviction in an impeachment trial, the reverse situation – an acquittal in a court trial – might require an automatic acquittal in an impeachment trial. Notes: D =
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
; R = Republican


Impeachment legacy

The historical importance of the Claiborne case came not in the debate over his guilt or innocence, which had been decided in a court of law, but in the procedural precedents set in the impeachment trial, particularly in the first use of the Senate trial committee authorised in 1935. After the conviction, citing this use of a Senate trial committee instead of the entire Senate, Oscar Goodman said, "Harry Claiborne is no longer the fight. The fight is whether the Constitution is worth the paper it's written on. It is a fragile document. Today it was bruised if not broken."Rogoway, Mike (April 9, 2006). Bizz blog: Silicon Forest. ''
The Oregonian ''The Oregonian'' is a daily newspaper based in Portland, Oregon, United States, owned by Advance Publications. It is the oldest continuously published newspaper on the U.S. west coast, founded as a weekly by Thomas J. Dryer on December 4, 185 ...
''.
Goodman also went on to accuse several Senators of not properly reviewing the committee transcripts.


Life after impeachment

Claiborne was allowed to begin practicing law again in
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
in 1987, in a decision by the Nevada Supreme Court that implicitly questioned the federal prosecution. His attorney was future Las Vegas Mayor Oscar Goodman. Despite his tax conviction and removal from the bench, Claiborne remained respected in the Las Vegas legal community. Claiborne was diagnosed with prostate cancer in 1990 and it later spread to his groin and spine. He had a heart attack in 1991. He treated his cancer with a combination of radiation and herbs he took three times daily. By 2003, the cancer returned to his liver, he was in considerable pain, and he had progressing
Alzheimer's disease Alzheimer's disease (AD) is a neurodegeneration, neurodegenerative disease that usually starts slowly and progressively worsens. It is the cause of 60–70% of cases of dementia. The most common early symptom is difficulty in short-term me ...
. On January 19, 2004, he committed
suicide Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and s ...
in Las Vegas apparently due to his health battles. His wife, Norma Ries, said they and their 22-year-old grandson, Aaron, were in the house watching ''
American Idol ''American Idol'' is an American singing competition television series created by Simon Fuller, produced by Fremantle North America and 19 Entertainment, and distributed by Fremantle North America. It aired on Fox from June 11, 2002, to Ap ...
'' "and laughing about the people who couldn't sing. Harry said his back was hurting and he wanted to go into the den to sit down. Two minutes later my grandson and I heard a gunshot. He was in so much pain, but didn't want to go to the hospital. He was in the hospital in June, and he told me he never wanted to go back there again."


Personal life

Harry Claiborne was married four times. He first married Barbara Redfield and they had three children. Claiborne later married (2nd) Lee McGuire, (3rd) Lynn O'Day, and was married for 27 years to Norma Ries.


References


External links


Encyclopedia of Arkansas History & Culture entry

Associated Press via Los Angeles Times obituary


* * * , - {{DEFAULTSORT:Claiborne, Harry Eugene 1917 births 2004 suicides 20th-century American judges American politicians who committed suicide American prosecutors American people convicted of tax crimes Arkansas lawyers Cumberland University alumni Disbarred American lawyers Impeached United States federal judges removed from office Judges of the United States District Court for the District of Nevada Democratic Party members of the Nevada Assembly Military personnel from Arkansas Nevada politicians convicted of crimes Nevada lawyers People from the Las Vegas Valley People from White County, Arkansas Suicides by firearm in Nevada United States Army non-commissioned officers United States Army personnel of World War II United States district court judges appointed by Jimmy Carter