Abuse of power

Institutional abuse is the maltreatment of someone (often children or older adults) by a system of power.{{cite journal|last=Powers|first=J. L.|author2=A. Mooney & M. Nunno|title=Institutional abuse: A review of the literature|journal=Journal of Child and Youth Care|year=1990|volume=4|issue=6|page=81}} This can range from acts similar to home-based child abuse, such as neglect, physical and sexual abuse, to the effects of assistance programs working below acceptable service standards, or relying on harsh or unfair ways to modify behavior.

Federal Judge James H. Peck was impeached by the U.S. House of Representatives in 1830 on a charge of abuse of power. Peck had jailed a man for contempt of court after the man had publicly criticized him.{{cite web|url=http://www.law.duke.edu/journals/dlj/articles/DLJ49P1.HTM|title=Jonathan Turley, Senate Trials And Factional Disputes: Impeachment As A Madisonian Device, 49 Duke L. J. 1 (1999)|date=March 18, 2006|archive-url=https://web.archive.org/web/20060318072251/http://www.law.duke.edu/journals/dlj/articles/DLJ49P1.HTM|archive-date=March 18, 2006}} The U.S. Senate acquitted him in 1831, with 21 voting guilty and 22 voting not guilty.{{FJC Bio|1856|nid=1386186|name=James Hawkins Peck}}{{cite web|url=https://www.govinfo.gov/app/details/GPO-HPREC-HINDS-V3/GPO-HPREC-HINDS-V3-22|title=govinfo|website=govinfo.gov}}

Federal Judge Charles Swayne was impeached by the U.S. House of Representatives in 1904. He was accused of filing false travel vouchers, improper use of private railroad cars, unlawfully imprisoning two attorneys for contempt, and living outside of his district. He was acquitted by the U.S. Senate in 1905. There was little doubt that Swayne was guilty of some of the offenses charged against him. Indeed, his counsel admitted as much, though calling the lapses "inadvertent". The Senate, however, refused to convict Swayne because its members did not believe his actions amounted to "high crimes and misdemeanors".{{cite web|url=https://www.senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htm#3|title=U.S. Senate: Impeachment|website=senate.gov|access-date=January 28, 2020|archive-date=December 2, 2010|archive-url=https://web.archive.org/web/20101202133604/http://senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htm#3|url-status=live}}

Federal Judge George W. English was impeached by the U.S. House of Representatives in 1926, but resigned before his trial in the U.S. Senate could take place. One of the five articles of impeachment alleged "tyranny and oppression, and abuse of the powers of his office."{{cite web |title=Impeachment of Judge George W English Dismissed After Resignation |url=https://constitutionallawreporter.com/2017/05/17/george-w-english/ |website=Constitutional Law Reporter |access-date=September 23, 2019 |language=en |date=May 17, 2017 |archive-date=September 23, 2019 |archive-url=https://web.archive.org/web/20190923145826/https://constitutionallawreporter.com/2017/05/17/george-w-english/ |url-status=live }} The House voted to impeach by a vote of 306 to 60, but the charges were dismissed following English's resignation.{{cite web|url=https://www.govinfo.gov/content/pkg/GPO-HPREC-HINDS-V3/pdf/GPO-HPREC-HINDS-V3-28.pdf|title=Impeachment Proceedings Not Resulting In Trial|access-date=January 28, 2020|archive-date=January 6, 2019|archive-url=https://web.archive.org/web/20190106153707/https://www.govinfo.gov/content/pkg/GPO-HPREC-HINDS-V3/pdf/GPO-HPREC-HINDS-V3-28.pdf|url-status=live}} He had been accused of abusive treatment of attorneys and litigants appearing before him.{{cite web|url=http://www.justicelearning.org/justice_timeline/ArticlesTimeline.aspx?id=4&Section=18&TimelineEventID=1478|title=JusticeLearning : Articles|date=October 5, 2006|archive-url=https://web.archive.org/web/20061005132942/http://www.justicelearning.org/justice_timeline/ArticlesTimeline.aspx?id=4&Section=18&TimelineEventID=1478|archive-date=October 5, 2006}}{{cite web|date=September 30, 2007|title=Judge English Quits; House Prosecutors Move To Drop Trial|url=http://128.91.58.209/Articles/19261105_EnglishResign.pdf|url-status=live|archive-url=https://web.archive.org/web/20070930015140/http://128.91.58.209/Articles/19261105_EnglishResign.pdf|archive-date=September 30, 2007}}

{{Further|Impeachment process against Richard Nixon}}

President Richard Nixon resigned from office after the House Judiciary Committee voted to approve articles of impeachment, but before the full House had a chance to vote on impeachment. Of the three articles of impeachment, Article II charged Nixon with abuse of power, alleging in part that:

{{Blockquote|Using the powers of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, has repeatedly engaged in conduct violating the constitutional rights of citizens, impairing the due and proper administration of justice and the conduct of lawful inquiries, or contravening the laws governing agencies of the executive branch and the purposes of these agencies.{{Congressional Research Service|article = Congressional Resolutions on Presidential Impeachment: A Historical Overview|url = https://digital.library.unt.edu/ark:/67531/metadc819397/m2/1/high_res_d/98-763_1998Sep16.pdf|author = Stephen W. Stathis and David C. Huckabee|access-date = October 14, 2019|via = University of North Texas Libraries, Digital Library, UNT Libraries Government Documents Department}}{{Include-USGov|agency=United States House of Representatives|article=A History of the Committee on the Judiciary 1813–2006, Section II—Jurisdictions History of the Judiciary Committee: Impeachment|url=https://www.govinfo.gov/content/pkg/GPO-CDOC-109hdoc153/pdf/GPO-CDOC-109hdoc153-3-1.pdf|comment=H. Doc. 109-153|access-date=November 6, 2019}}}}

The article also cited five specific examples of alleged misconduct to substantiate this charge against the president.

The vote on Article II was bipartisan, with 7 of the 17 Republicans joining all 21 Democrats on the committee in approving impeachment of a U.S. president for abuse of power.{{cite news| url=https://www.nytimes.com/1974/07/30/archives/new-accusation-nixon-is-charged-with-failure-to-uphold-nations-laws.html| title=New Accusation| first=James M.| last=Naughton| newspaper=The New York Times| date=July 30, 1974| page=1| access-date=December 4, 2019| archive-date=December 29, 2019| archive-url=https://web.archive.org/web/20191229061509/https://www.nytimes.com/1974/07/30/archives/new-accusation-nixon-is-charged-with-failure-to-uphold-nations-laws.html| url-status=live}}

{{Main|Rod Blagojevich corruption charges}}

Rod Blagojevich was impeached and removed from office as Governor of Illinois in 2009, on charges of abuse of power and corruption. Blagojevich was accused of several "pay to play" schemes, including attempting "to obtain personal gain ... through the corrupt use" of his authority to fill a vacant seat in the U.S. Senate. The Illinois House of Representatives voted 114–1 (with three abstentions) to impeach Blagojevich for abuse of power,{{cite news|url=https://www.nytimes.com/2009/01/10/us/politics/10illinois.html|title=Illinois House Impeaches Governor|access-date=April 21, 2009|date=January 9, 2009|work=The New York Times|author=Saulny, Susan|archive-date=May 17, 2012|archive-url=https://web.archive.org/web/20120517005916/http://www.nytimes.com/2009/01/10/us/politics/10illinois.html|url-status=live}}[http://www.ilga.gov/legislation/votehistory/95/house/09500HR1671_01092009_002000.pdf Vote on House Resolution 1671] {{Webarchive|url=https://web.archive.org/web/20120601165343/http://www.ilga.gov/legislation/votehistory/95/house/09500HR1671_01092009_002000.pdf |date=June 1, 2012 }} to impeach Gov. Blagojevich. and the Illinois Senate voted 59–0 to remove him from office.[http://www.chicagotribune.com/news/local/chi-blagojevich-impeachment-removal,0,5791846.story Chicago Tribune, January 30, 2009, "Impeached Illinois Gov. Rod Blagojevich Has Been Removed From Office" by Ray Long and Rick Pearson] {{Webarchive|url=https://web.archive.org/web/20090130145200/http://www.chicagotribune.com/news/local/chi-blagojevich-impeachment-removal%2C0%2C5791846.story |date=January 30, 2009 }}.

{{Further|First impeachment of Donald Trump|Second impeachment of Donald Trump}}

President Donald Trump was impeached by the U.S. House of Representatives on December 18, 2019. The votes for the charge of abuse of power in the House were 230 in favor, 197 against, and 1 present. Voting in favor were all but three House Democrats and one Independent, and voting against were all House Republicans and two Democrats; representative Tulsi Gabbard voted present.{{cite news|last=Edmondson|first=Catie|url=https://www.nytimes.com/2019/12/18/us/politics/how-democrats-voted-on-impeaching-trump.html|title=On Historic Impeachment Votes, Three Democrats Cross Party Lines to Vote 'No'|date=December 18, 2019|work=The New York Times|access-date=January 28, 2020|archive-date=January 12, 2020|archive-url=https://web.archive.org/web/20200112024645/https://www.nytimes.com/2019/12/18/us/politics/how-democrats-voted-on-impeaching-trump.html|url-status=live}}{{Cite news|last1=Haberkorn|first1=Jennifer|url=https://www.latimes.com/politics/story/2019-12-18/house-on-track-to-impeach-trump|title=U.S. House impeaches President Trump|date=December 18, 2019|work=Los Angeles Times|access-date=December 18, 2019|url-status=live|archive-url=https://web.archive.org/web/20191218140236/https://www.latimes.com/politics/story/2019-12-18/house-on-track-to-impeach-trump|archive-date=December 18, 2019|last2=Wire|first2=Sarah D.|language=en-US|last3=Megerian|first3=Chris|last4=O'Toole|first4=Molly}} During his trial in the Senate on February 5, 2020, he was found not guilty. The votes for acquittal on the charge of abuse of power in the Senate were 48 against (45 Democratic senators, 2 Independent senators, one Republican senator), and 52 in favor (All Republicans). Of the two articles of impeachment, Article I alleges abuse of power. He was impeached a second time on January 13, 2021, one week before his term expired. Trump was charged with “incitement of insurrection.”

{{Expand section|date=January 2018}}

{{Main|IRS targeting controversy}}

In October 2017, the Trump Administration agreed to settle a lawsuit filed on behalf of more than four hundred conservative nonprofit groups. These nonprofit groups claimed that they had been discriminated against by the Internal Revenue Service for an undisclosed amount. This amount was described by the plaintiffs' counsel as "very substantial." The Trump Administration also agreed to settle a second lawsuit brought by forty-one conservative organizations with an apology and an admission that subjecting them to "heightened scrutiny and inordinate delays" was wrongful.{{Cite web|last=Pilcher|first=James|date=October 26, 2017|title=IRS settles tea party cases for millions and an apology|url=https://www.cincinnati.com/story/news/politics/2017/10/26/irs-settles-tea-party-cases-millions-and-apology/802368001/|access-date=June 22, 2021|website=The Enquirer}}

These acts by Lois Lerner were performed between 2010 and 2012 as a way to try to deal with the massive number of applications from organizations that were wanting a tax-exemption status.{{Cite news|last=Goldfarb|first=Zachary|date=May 10, 2013|title=IRS admits targeting conservatives for tax scrutiny in 2012 election.|url=https://www.washingtonpost.com/business/economy/irs-admits-targeting-conservatives-for-tax-scrutiny-in-2012-election/2013/05/10/3b6a0ada-b987-11e2-92f3-f291801936b8_story.html|access-date=June 22, 2021|newspaper=The Washington Post}} Many of these organizations that were seeking the tax-exemption status did not agree with how the government was being run and had 'tea party' or 'patriots' in their name.{{Cite web|last=Newsline|first=Legal|date=January 4, 2018|title=Victims of IRS's Tea Party Bias--And Taxpayers--Must see Lois Lerner's Testimony, Lawyer Says|url=https://www.forbes.com/sites/legalnewsline/2018/01/04/victims-of-irss-tea-party-bias-and-taxpayers-must-see-lois-lerners-testimony-lawyer-says/?sh=6956c79fad5d|access-date=June 22, 2021|website=Forbes.com}}

{{Main|Joe Arpaio}}{{Further|Pardon of Joe Arpaio}}

In February 2010, Judge John Leonardo found that Arpaio "misused the power of his office to target members of the Board of Supervisors for criminal investigation".{{cite web|last=Wingett |first=Yvonne |url=http://www.azcentral.com/news/articles/2010/02/25/20100225wilcox0225.html |title=Supervisor cases collapse |publisher=Azcentral.com |date=February 25, 2010 |access-date=September 23, 2010}}

In 2008, a federal grand jury began an inquiry of Arpaio for abuse of power, in connection with a Federal Bureau of Investigation investigation.{{cite news|title=Sources: FBI Investigating Joe Arpaio |url=http://www.kpho.com/news/21470567/detail.html |access-date=July 10, 2010 |newspaper=KPHO |date=Oct 30, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20101020184811/http://www.kpho.com/news/21470567/detail.html |archive-date=October 20, 2010 }}{{cite news |last=Conder |first=Chuck |title=Arizona sheriff under investigation for alleged abuse of power |url=http://www.cnn.com/2010/CRIME/07/09/arizona.tough.sheriff/index.html?video=true&hpt=T2 |access-date=July 10, 2010 |newspaper=CNN |date=July 10, 2010 |archive-date=July 14, 2010 |archive-url=https://web.archive.org/web/20100714054713/http://www.cnn.com/2010/CRIME/07/09/arizona.tough.sheriff/index.html?video=true&hpt=T2 |url-status=live }} On August 31, 2012, the US Attorney's office of Arizona announced that it was "closing its investigation into allegations of criminal conduct" by Arpaio, without filing charges.{{cite news |url=https://www.foxnews.com/us/feds-close-criminal-investigation-into-maricopa-county-sheriff-joe-arpaio/ |title=Feds close criminal investigation into Maricopa County Sheriff Joe Arpaio |publisher=Fox News |date=August 31, 2012 |access-date=March 3, 2013 |archive-date=March 15, 2013 |archive-url=https://web.archive.org/web/20130315044657/http://www.foxnews.com/us/2012/08/31/feds-close-criminal-investigation-into-maricopa-county-sheriff-joe-arpaio/ |url-status=live }}

Arpaio was investigated for politically motivated and "bogus" prosecutions, which a former US Attorney called "utterly unacceptable". Phoenix Mayor Phil Gordon has called Arpaio's "long list" of questionable prosecutions "a reign of terror".

{{Main|Fa Zheng}}

In 215 CE in Eastern Han China, Fa Zheng was appointed as the Administrator (太守) of Shu commandery (蜀郡) and "General Who Spreads Martial Might" (揚武將軍) by Liu Bei. He oversaw administrative affairs in the vicinity of Yi Province's capital Chengdu and served as Liu Bei's chief adviser.(以正為蜀郡太守、揚武將軍，外統都畿，內為謀主。) Sanguozhi vol. 37.

During this period of time, he abused his power by taking personal revenge against those who offended him before and killing them without reason. Some officials approached Zhuge Liang, another of Liu Bei's key advisers, and urged him to report Fa Zheng's lawless behaviour to their lord and take action against him. However, Zhuge Liang replied, "When our lord was in Gong'an (公安), he was wary of Cao Cao's influence in the north and fearful of Sun Quan's presence in the east. Even in home territory he was afraid that Lady Sun might stir up trouble. He was in such a difficult situation at the time that he could neither advance nor retreat. Fa Xiaozhi supported and helped him so much, such that he is now able to fly high and no longer remain under others' influence. How can we stop Fa Zheng from behaving as he wishes?" Zhuge Liang was aware that Liu Bei favoured and trusted Fa Zheng, which was why he refused to intervene in this matter.(一飡之德，睚眦之怨，無不報復，擅殺毀傷己者數人。或謂諸葛亮曰：「法正於蜀郡太縱橫，將軍宜啟主公，抑其威福。」亮荅曰：「主公之在公安也，北畏曹公之彊，東憚孫權之逼，近則懼孫夫人生變於肘腋之下；當斯之時，進退狼跋，法孝直為之輔翼，令翻然翱翔，不可復制，如何禁止法正使不得行其意邪！」初，孫權以妹妻先主，妹才捷剛猛，有諸兄之風，侍婢百餘人，皆親執刀侍立，先主每入，衷心常凜凜；亮又知先主雅愛信正，故言如此。) Sanguozhi vol. 37.

{{Further|Legal abuse#Law enforcement abuse|Abuse#Police abuse|Police brutality}}

In dictatorial, corrupt, or weak states, police officers may carry out many criminal acts for the ruling regime with impunity.

Individual officers, or sometimes whole units, can be corrupt or carry out various forms of police misconduct; this occasionally happens in many forces, but can be more common where police pay is very low unless supplemented by bribes.{{cite web|url=http://ipsnews.net/news.asp?idnews=38075 |title=IPS: DRUGS-MEXICO: Police Caught Between Low Wages, Threats and Bribes |publisher=Ipsnews.net |date=June 7, 2007 |access-date=May 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100620183631/http://ipsnews.net/news.asp?idnews=38075 |archive-date=June 20, 2010 }} Police officers sometimes act with unwarranted brutality when they overreact to confrontational situations, or to extract a confession from a person that they may or may not genuinely suspect of being guilty.{{cite news |last=Edwards |first=Richard |url=https://www.telegraph.co.uk/finance/financetopics/g20-summit/5172206/Ian-Tomlinson-G20-protests-death-police-office-faces-manslaughter-charge.html |title=Ian Tomlinson G20 protests death: police office faces manslaughter charge |work=The Telegraph |date=April 17, 2009 |access-date=May 22, 2010 |archive-date=April 4, 2010 |archive-url=https://web.archive.org/web/20100404123823/http://www.telegraph.co.uk/finance/financetopics/g20-summit/5172206/Ian-Tomlinson-G20-protests-death-police-office-faces-manslaughter-charge.html |url-status=dead }}{{cite journal|last=Leo|first=Richard|date=September 2009|title=False Confessions: Causes, Consequences, and Implications|url=http://jaapl.org/content/37/3/332|access-date=June 22, 2021|journal=The Journal of the American Academy of Psychiatry and the Law|volume=37|issue=3|pages=332–343|pmid=19767498}} {{Full citation needed|date=June 2021}}. Research released in October 2021 shows that from 1980 to 2018 there was an estimated 30,800 deaths due to police violence. That same study indicated that the National Vital Statistics System has misclassified/underreported over 55% of the estimated police-related deaths in the US.{{Cite journal |author1=((GBD 2019 Police Violence US Subnational Collaborators)) |date=2021-10-02 |title=Fatal police violence by race and state in the USA, 1980–2019: a network meta-regression (GBD 2019 Police Violence US Subnational Collaborators) |journal=Lancet |volume=398 |issue=10307 |pages=1239–1255 |doi=10.1016/S0140-6736(21)01609-3 |issn=0140-6736 |pmc=8485022 |pmid=34600625}}

Elliott Broidy was charged for illegally lobbying the US government officials for the government of the United Arab Emirates to influence the US foreign policy and run a disinformation campaign against the State of Qatar as well as Qatari-American businesses. Broidy, the former finance chairman of the Republican National Committee at the time of the Donald Trump administration was charged with the wrongdoing in a lawsuit filed by a Qatari luxury travel company, Abu Issa Holding. Broidy, according to the lawsuit was paid by the UAE government, for hiring internet-based influencers and trolls to spread misinformation against Qatar, stating that Qatari businesses sponsored terrorist groups.{{cite web|url=https://nypost.com/2021/08/05/elliot-broidy-accused-of-orchestrating-campaign-against-qatar|title=Trump backer Elliot Broidy accused of orchestrating covert campaign against Qatar|accessdate=5 August 2021|website=New York Post|date=August 5, 2021}}

{{Columns-list|colwidth=30em|

• Abuse of rights
• Abuse of Power
• Abusive power and control
• Failed States: The Abuse of Power and the Assault on Democracy
• High crimes and misdemeanors
• Malfeasance in office
• Misfeasance in public office
• Oppression
• Power harassment
• Rankism

}}

{{Reflist|30em}}

• {{cite journal |last=Branum |first=Tara L. |year=2002 |title=President or King? The Use and Abuse of Executive Orders in Modern-Day America |journal=Journal of Legislation |volume=28 |issue=1 |pages=Article 1 |url=https://scholarship.law.nd.edu/jleg/vol28/iss1/1/ }}
• {{cite book |editor-last=Lee-Chai |editor-first=Annette Y. |editor2-first=John |editor2-last=Bargh |title=The Use and Abuse of Power |location=Philadelphia |publisher=Psychology Press |year=2001 |isbn=1-84169-023-6 |url-access=registration |url=https://archive.org/details/useabuseofpowerm0000unse }}

{{Abuse}}

{{Authority control}}

Category:Abuse

Category:Political corruption

Category:Power (social and political) concepts