Lincoln saved from impeachment

The hat, resting on the defense table, and more than 200 people attended a mock impeachment trial of the former president, filling the seats of the Ares Auditorium and spilling into the aisles at James E. Rogers Law Center.

Former Arizona Supreme Court Chief Justice Frank Gordon Jr. presided over the trial, which operated on the premise that Lincoln's assassination had failed.

The charges against Lincoln stated that the president had "violated his oath to faithfully execute the office of President of the United States - had violated the First Amendment of the Constitution and exceeded the emergency powers of the Chief Executive."

The charges stemmed from Lincoln's suspension of the Writ of Habeas Corpus, a document that, according to the trial experts, guarantees the right to trial and forbids arrest without charges. The prosecution expert, Mark Neely, a history and American studies professor at St. Louis University and winner of a 1992 Pulitzer Prize for his novel on the Lincoln presidency, argued that Lincoln exceeded his presidential powers.

Neely noted that 354 arrests were made under the suspension for crimes that "would ordinarily be considered freedom of speech."

Defense expert Eric Foner, a history professor at Columbia University, vouched for Lincoln, saying, "Some of his subordinates were overzealous at times, but when they went beyond the bounds, he reversed their decisions."

Shades of contemporary politics appeared when the obstruction of justice issue was addressed. Phoenix attorney Lawrence Hammond, who acted as prosecutor, asked Foner, "You would agree with me that if a president were to be involved in an obstruction of justice, that would be an impeachable offense?"

Amid roars of laughter, Foner replied seriously, "I can't imagine a president who would do that."

Only 11 people in the audience voted to convict Lincoln at the conclusion of the trial.

Neely and Foner, two of America's foremost experts on the Civil War, were invited to the UA by the Order of the Coif, a Law College organization that sponsored the trial and paid for their travel expenses.