Abuse of power

{{Short description|Unlawful use of powers in an official capacity}} {{Political corruption sidebar}} {{Other uses|Abuse of Power (disambiguation){{!}}Abuse of Power}}

'''Abuse of power''' or '''abuse of authority''', in the form of "malfeasance in office" or "official abuse of power", is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often a just cause for removal of an elected official by statute or recall election. Officials who abuse their power are often corrupt.<ref name="corruption abuse of power">{{cite web|url=https://www.policeconduct.gov.uk/research-and-learning/key-areas-work/corruption-and-abuse-power|title=Corruption and abuse of power|publisher= Independent Office for Police Conduct |access-date=January 18, 2020 |url-status=dead |archive-url= https://web.archive.org/web/20210108121154/https://www.policeconduct.gov.uk/research-and-learning/key-areas-work/corruption-and-abuse-power |archive-date= Jan 8, 2021 }}</ref><ref name="vanuatu-corruptionabuseofpower">{{Cite web |url=https://www.rnz.co.nz/international/pacific-news/382741/vanuatu-officials-accused-of-abuse-of-power-amid-corruption-claims |title=Vanuatu officials accused of abuse of power amid corruption claims |date=February 19, 2019 |website=RNZ News |access-date=January 18, 2020 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214030724/https://www.rnz.co.nz/international/pacific-news/382741/vanuatu-officials-accused-of-abuse-of-power-amid-corruption-claims |url-status=live }}</ref><ref name="trumpcorruptabuseofpower">{{Cite news |url=https://www.washingtonpost.com/opinions/opposing-trumps-corrupt-abuse-of-power-is-todays-form-of-patriotism/2019/09/23/72a0f95a-de3d-11e9-be96-6adb81821e90_story.html |url-access=subscription |title=Opposing Trump's corrupt abuse of power is today's form of patriotism |last=Gerson |first=Michael |date=September 24, 2019 |newspaper=The Washington Post |access-date=January 18, 2020}}</ref>

In the United States, abuse of power has been cited in the impeachment of at least five federal officials. Two of these (Judge George English and President Richard Nixon) resigned before their trial in the Senate could take place, and two others were acquitted by the Senate. The first impeachment trial of President Donald Trump concluded with the president being found not guilty on both articles of impeachment with one of them being the charge of abuse of power. At the state level, Governor Rod Blagojevich of Illinois was impeached and unanimously removed from office by the Illinois Senate in 2009 for offenses including abuse of power.

== Institutional abuse == Institutional abuse is the maltreatment of someone (often children or older adults) by a system of power.<ref name=Powers>{{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}}</ref> 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.<ref name=Powers />

== Impeachment of U.S. officials == === James Peck === Federal Judge James H. Peck was impeached by the U.S. House of Representatives in 1830 on a charge of abuse of power.<ref name="archive.org" /> Peck had jailed a man for contempt of court after the man had publicly criticized him.<ref name="archive.org">{{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}}</ref> The U.S. Senate acquitted him in 1831, with 21 voting guilty and 22 voting not guilty.<ref name="archive.org" /><ref name="auto">{{FJC Bio|1856|nid=1386186|name=James Hawkins Peck}}</ref><ref>{{cite web|url=https://www.govinfo.gov/app/details/GPO-HPREC-HINDS-V3/GPO-HPREC-HINDS-V3-22|title=govinfo|website=govinfo.gov}}</ref>

=== Charles Swayne === 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".<ref>{{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}}</ref>

=== George English === 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."<ref name="ConstLawReporter">{{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 }}</ref> The House voted to impeach by a vote of 306 to 60, but the charges were dismissed following English's resignation.<ref name=govinfo>{{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}}</ref> He had been accused of abusive treatment of attorneys and litigants appearing before him.<ref name=govinfo /><ref>{{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}}</ref><ref>{{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}}</ref>

=== Richard Nixon === {{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.<ref name=CRS98-763>{{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}}</ref><ref name=HDoc109153>{{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}}</ref>}}

The article also cited five specific examples of alleged misconduct to substantiate this charge against the president.<ref name="nyt-art2" />

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.<ref name="nyt-art2">{{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}}</ref>

=== Rod Blagojevich === {{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,<ref name="IHVtIGB">{{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}}</ref><ref>[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.</ref> and the Illinois Senate voted 59–0 to remove him from office.<ref>[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 }}.</ref>

=== Donald Trump === {{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.<ref name="3dems">{{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}}</ref><ref>{{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}}</ref> 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.{{More detail needed|date=October 2025}}

== Other examples == === Lois Lerner/IRS === {{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.<ref>{{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}}</ref>

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.<ref>{{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}}</ref> 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.<ref>{{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}}</ref>

=== Joe Arpaio === {{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".<ref>{{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}}</ref>

In 2008, a federal grand jury began an inquiry of Arpaio for abuse of power, in connection with a Federal Bureau of Investigation investigation.<ref name=KPHO>{{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 }}</ref><ref name=CNN>{{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 }}</ref> 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.<ref>{{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 }}</ref>

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

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

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.<ref>{{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 }}</ref> 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.<ref>{{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 }}</ref><ref>{{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}}</ref> 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.<ref>{{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}}</ref>

=== Elliott Broidy ===

Elliott Broidy, a businessman and Republican fundraiser who served as deputy finance chairman of the RNC from 2017 to 2018, has faced multiple legal proceedings involving the misuse of political influence. In 2009, he entered a misdemeanor plea after being charged with providing improper gratuities to New York State pension officials in connection with a $250 million investment in his fund.<ref name="nytimesap">{{cite news |date=December 4, 2009 |title=Guilty Plea in Fraud Case Tied to New York Pension |url=https://www.nytimes.com/2009/12/04/nyregion/04pension.html |url-status=live |archive-url=https://web.archive.org/web/20240528064159/https://www.nytimes.com/2009/12/04/nyregion/04pension.html |archive-date=May 28, 2024 |access-date=February 24, 2017 |work=The New York Times |agency=Associated Press}}</ref><ref name="craigkarmin">{{cite news |last1=Karmin |first1=Craig |last2=Lattman |first2=Peter |date=December 4, 2009 |title=Hevesi Linked to Pay-to-Play as Broidy Admits Guilt |url=https://www.wsj.com/articles/SB10001424052748703735004574574002011776102 |url-status=live |archive-url=https://web.archive.org/web/20240605130732/https://www.wsj.com/articles/SB10001424052748703735004574574002011776102 |archive-date=June 5, 2024 |access-date=March 13, 2017 |work=The Wall Street Journal}}</ref> In 2020, he pleaded guilty to conspiring to act as an unregistered foreign agent, admitting to secretly lobbying the Trump administration on behalf of Malaysian and Chinese interests;<ref name="wapoBroidy">{{cite news|accessdate=2026-04-18|title=Major RNC, Trump fundraiser Elliott Broidy pleads guilty to acting as unregistered foreign agent|url=https://www.washingtonpost.com/local/legal-issues/elliott-broidy-plea/2020/10/20/c41ae12c-125a-11eb-ad6f-36c93e6e94fb_story.html|newspaper=The Washington Post|date=20 October 2020|issn=0190-8286|via=www.washingtonpost.com}}</ref> he was subsequently pardoned by President Trump.<ref>{{Cite news |date=2023-04-04 |title=GOP fundraiser says he got millions to illegally lobby Trump administration |url=https://www.washingtonpost.com/dc-md-va/2023/04/04/broidy-testify-trump-malaysia-fugees/ |access-date=2026-03-17 |work=The Washington Post |language=en-US |issn=0190-8286}}</ref><ref>{{Cite news |date=2021-01-20 |title=Donald Trump pardons Steve Bannon during his final hours in office |url=https://www.abc.net.au/news/2021-01-20/donald-trump-issues-pardons-steve-bannon-lil-wayne-kodak-black/13072630 |access-date=2026-03-17 |work=ABC News |language=en-AU}}</ref>

== See also == {{Columns-list|colwidth=30em| * Abuse of rights * ''Abuse of Power'' * High crimes and misdemeanors * Malfeasance in office * Misfeasance in public office * Oppression * Power harassment * Rankism }}

== References == {{Reflist|30em}}

== Further reading == * {{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 |article-number=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 }}

Category:Abuse Category:Political corruption Category:Power (social and political) concepts