In 1988, the Democratic-controlled U.S. House of Representatives took up the case, and Hastings was impeached for bribery and perjury by a vote of 413-3. He was then convicted in 1989 by the United States Senate becoming the sixth federal judge in the history of the United States to be removed from office by the Senate. The Senate, in two hours of roll calls, voted on 11 of the 17 articles of impeachment. It convicted Hastings of eight of the 11 articles. The vote on the first article was 69 for and 26 opposed.The Senate had the option to forbid Hastings from ever seeking federal office again, but did not do so.
I wasn't aware that the punishment was optional. The Constitution says
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Where does it say that the Senate can choose not to bar the convicted from future office?
-PJ
Only for the correct party. I'm sure it's mandatory for Repubs.
The Senate doesn't usually bother to disqualify people. It is also highly disputed whether being a U.S. Rep. even counts as an office of honor, trust, or profit--many legal experts believe that they are two distinct categories. See, e.g., Article II, Section 1, Clause 2 ("no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector"). As such, disqualifying Hastings might have precluded him from serving in the executive or judicial branches, but not the legislative branch.