Draft Impeachment Resolution DJT
[Please note this is not an official document, but is simply a hypothetical example]
As
most persons are aware, the procedure for removal of a President is included in
the U.S. Constitution and was envisioned by the Framers as a check against an
out of control President that could represent a threat to the security and
institution of the country and its
people. The process contains two parts: the approval of the articles of
impeachment by the U.S. House of Representatives; followed by a trial and
conviction or acquittal in the U.S. Senate. Article I, Section 2,
Clause 5 of the Constitution grants to the House of Representatives "the
sole power of impeachment", and Article I, Section 3, Clause 6 grants to
the Senate "the sole Power to try all Impeachments". Actual removal
requires a two-thirds vote of the Senate.
Article
II, Section. 4
set out the standard for impeachment, saying: "The President, Vice President and all Civil
Officers of the United States, shall be removed from Office on Impeachment for
and Conviction of, Treason, Bribery, or "other high
Crimes and Misdemeanors."
According
to the Constitutional
Rights Foundation
(CRF), a
high crime is one that
can only be done by someone in a unique position of authority, which is
political in character, who does things to circumvent justice.
The phrase "high
crimes and misdemeanors" when used together was a common phrase at the
time the U.S. Constitution was written and did not require any stringent or
difficult criteria for determining guilt.
. .The phrase was historically
used to cover a very broad range of crimes. In Federalist No. 65, Hamilton explained impeachment. He defined
impeachable offenses as “those offences which proceed from the misconduct of
public men, or in other words from the abuse or violation of some public trust.
They are of a nature which may with peculiar propriety be denominated political, as they relate
chiefly to injuries done immediately to the society itself.”
Constitutional scholars
have generally agreed that not all presidential misconduct is sufficient
to constitute grounds for impeachment. . . . Because impeachment of a President
is a grave step for the nation, it is predicated only upon conduct seriously
incompatible with either the constitutional form and principles of our
government or the proper performance of constitutional duties of the
presidential office. Impeaching a president overturns an election and
therefore a president should be impeached only for “serious assaults on the
integrity of the processes of government,” or for “such crimes as would so
stain a president as to make his continuance in office dangerous to public
order.” [from CRF and Charles L. Black's book, "Impeachment: A
Handbook", https://tinyurl.com/ldeg7qh]
The Constitutional Center
indicates that Supreme Court Chief Justice John Marshall, indicated
the “constitution [is] intended to endure for ages to come and, consequently,
to be adapted to the various crises of human affairs.” Thus, the Center says,
"In the context of impeachment, this means that the Constitution cannot be
expected to specify in detail every ground on which impeachment is or is not
permissible. . . the Constitution sets forth the general principle of
impeachment and leaves its more specific definition to be developed by the
House of Representatives and the Senate." [see https://tinyurl.com/y3g7zyme]
What I find disturbing is
that the Democrats who currently control the U.S. House of Representatives seem
so hesitant and reluctant to initiate the impeachment process despite the
enormity of evidence in existence regrading the gross malfeasance of Donald J.
Trump. Further, the Democratic leadership seems to be insistent that more and
more evidence and facts are needed to move forward with the impeachment
process. Additionally, House Democrats and the news media in general seem to be
creating a popular impression that the impeachment process is incredibly
complex and would be extremely time consuming, requiring months and months of
further investigations and hearings.
In fact, Bill Clinton's
impeachment resolution was introduced and narrowly passed within three (3)
days. Yes, the actual proceedings took a few weeks but the House Judiciary
Committee did not conduct further investigations of its own and basically
accepted findings included in Special Prosecutor Ken Starr's report of
his already completed extensive investigation. A situation that very
nearly mirrors the recent completion of the Robert Mueller investigation.
With all of the above in
mind, and the evidence and information currently in existence, I have taken the
liberty to provide a first draft of an impeachment resolution for Donald J.
Trump (based on the impeachment resolution for Bill Clinton). I would maintain
that the resolution could be finalized and the notations of "attached
details" could be quickly assembled with extensive documentation under
each identified charge. Even allowing for the entire month of June to complete
the resolution and supplemental materials, I am suggesting that the package be
introduced and passed by the U.S. House of Representatives with an effective
date of July 4, 2019. The resolution and articles of impeachment would then
move to the U.S. Senate under the control of Senate Majority Leader Mitch
McConnell (R-KY) for a trial if initiated by Senator McConnell. If a trial were
to proceed, all Senators would be on record with a vote on the resolution.
There is not a specific Constitutional requirement that the Senate conduct a
trial or do so within any specific time limit following a House impeachment
vote. [see: https://tinyurl.com/y84eb5ym]
Articles of Impeachment Against Donald J. Trump
(House Resolution xxx, One
Hundred Sixteenth (116) Congress)
CONGRESS OF THE UNITED STATES OF AMERICA,
IN THE HOUSE OF REPRESENTATIVES,
July 4, 2019.
RESOLUTION
Resolved, That Donald J.
Trump, President of the United
States, is impeached for high crimes and
misdemeanors, and that the following articles of impeachment be exhibited to
the United States
Senate:
Articles of impeachment exhibited by the House of
Representatives of the United States of America
in the name of itself and of the people of the United
States of America, against Donald J. Trump, President of the United States of America,
in maintenance and support of its impeachment against him for high crimes and
misdemeanors.
In his conduct while President of the United States, Donald J. Trump, 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 violation of his constitutional duty to take care that
the laws be faithfully executed, has willfully corrupted and manipulated the
judicial process of the United States for his personal gain and exoneration,
impeding the administration of justice
and jeopardizing the security, safety and well being of the United State:
As
summarized below and detailed in extensive attached information, Donald J.
Trump, throughout the time of his Presidency, has repeatedly failed to uphold
his oath of office and has on thousands of incidents failed to tell the truth, the whole truth, and nothing
but the truth to the people of the
United States of America and our friends and allies abroad. Contrary to that oath, Donald J. Trump has willfully
provided, and encouraged others
to provide false and misleading testimony and information to the
American public, Members and Committees of Congress, and various foreign
governments.
In conducting
these actions Donald
J. Trump has undermined
the integrity of his office, has brought disrepute on the Presidency,
has betrayed his trust as President, and has acted in a manner
subversive of the rule of law and justice, to the manifest injury of the Constitution
and the people of the United States.
Wherefore, Donald J. Trump, by such conduct, warrants impeachment and trial,
and removal from office and disqualification to hold and enjoy any office of
honor, trust, or profit under the United
States.
ARTICLE
II
In his conduct while President of the United States, Donald J. Trump, 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 violation of his constitutional duty to take care that
the laws be faithfully executed, has prevented, obstructed, and impeded the
administration of justice, and has to that end engaged personally, and through
his subordinates and agents, in a course of conduct or scheme designed to
delay, impede, cover up, and conceal the existence of evidence, testimony and
information related to his alleged illegal
activities and other high crimes and misdemeanors.
The means used to implement this course of conduct and/or scheme(s) included one or more of the following 23 listed and documented acts presented here in no particular order:
1. 10
counts of alleged obstruction of justice included in the Mueller report [see
attached details] (Note: Various obstruction charges would be subject to
indictment were it not for the DOJ policy regarding indictment of a sitting
President and the current AG's stance in support of that policy.
(https://tinyurl.com/yy9pulz9)
2.
1,000+ [6/4/19] former federal prosecutors serving under both Republican and
Democratic administrations confirming
obstruction [details https://tinyurl.com/yy9pulz9]
3. Repeated and persistent lies to
the American Public; most notably the Trump Tower Moscow deal, who would pay
for proposed Mexican wall, and the results of the Mueller report [see
attached details]
4. No separation of business and
financial dealings from government business; emolument clause
violations [see attached details]
5. Investigations and retribution
against political enemies [see attached details]
6. Refusing to honor subpoenas and
requests for information (RFIs) from Congress [see attached details]
7. Ordering & requesting
administration staffers to commit crimes [see attached details]
8. Violating norms of protocols
regarding communications between WH and DOJ/AG [see attached details]
9. Lying on Airforce 1 about Trump Tower
meeting with Russians [see attached details]
10. Overseeing as Commander in Chief,
false speculation about Iran
escalating war efforts [see attached details]
11. Refusing, in direct violation of
laws, to turn over tax returns to Congressional committee [see attached
details]
12. Violating norms of
protocol in terms of Presidential signals on stock market movements, i.e.
gains and losses; especially considering personal, family benefit [see
attached details]
13. Selective approvals (despite
recommendations to the contrary) and disapproval of National Security
Clearances for friends, family and political enemies [see attached
details]
14. Accepting Putin assurances
over National Security experts advice regarding election
interference [see attached details]
15. Persistent strategy and actions
designed to heighten divisiveness in the U.S. population [see attached
details]
16. Advocating and insisting for a
Mexican wall contrary to best alternative recommendation [see attached details]
17. Significant violations of law,
norms and protocols in dealing with the Mexican and Central
America immigration issue [see attached details]
18. Jeopardizing national security by
misuse of cell phones, email and meeting arrangements with foreign governments
by him and his family [see attached details]
19.
Exuding a sexist, racist and bigotry attitude; most notably with Charlottesville; comments
about Mexicans and Muslims, comments about interactions with women and
lies and coverups in dealings with porn stars [see attached details]
20.
Witness tampering & misuse of pardon power [see attached details]
21. The
issuance of Muslim bans; a series of discriminatory executive orders and
proclamations [see attached details]
22.
International embarrassment and misrepresentation of the United States
on the International stage [see attached details]
22. Releasing
classified, top secret U.S.
security information to the Russian government [see attached details]
23.
Failing to provide leadership in a nationwide effort to insure the security and
integrity of the election infrastructure in the country in light of findings of
substantial interference of Russia
in the 2016 election process. [see attached details]
In all of
this, Donald J. Trump has undermined the integrity of his office, has brought
disrepute on the Presidency, has betrayed his trust as President, and has acted
in a manner subversive of the rule of law and justice, to the manifest injury
of the Constitution and the people of the United States.
Wherefore, Donald J. Trump, by such conduct, warrants impeachment and
trial, removal from office and disqualification to hold and enjoy any
office of honor, trust, or profit under the United States.
Speaker of
the House of Representatives.
Attest:
Clerk.
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Note On
Process & Timing: Impeachment proceedings against Bill Clinton were
initiated following the 1998, midterm election "lame duck" session of
the outgoing 105th United States Congress. Unlike the case of the 1974
impeachment process against Richard Nixon, the committee hearings were
perfunctory but the floor debate in the whole House was spirited on both
sides.
Somewhat similar to the Special Prosecutor Robert Mueller investigation,
in the Clinton impeachment, Special Prosecutor
Ken Starr had already completed an extensive investigation, the House Judiciary
Committee conducted no
investigations of its own into
Clinton's alleged
wrongdoing, and it held no
serious impeachment-related hearings before
the 1998 midterm elections.
The resolution, H. Res. 611 [see: https://tinyurl.com/mva9hcq],
sponsored by Rep. Henry J. Hyde [R-IL-6] was Introduced
on December 16, 1998 and narrowly passed by the full House of Representatives, 3 days later on December 19, 1998. Clinton was impeached on
grounds of perjury to a grand jury (by a 228–206 vote) and obstruction of
justice (by a 221–212 vote). Two other articles of impeachment failed including
abuse of power. Clinton
became the third sitting president in history against whom the House of
Representatives initiated impeachment proceedings.
[see: https://tinyurl.com/hfchwqs]
Additional Note: Note: Rep. Brad Sherman [D-CA-30], in fact, did introduce H. RES. 13 on January 3, 2019, on impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors. The resolution was referred to the House Judiciary Committee and has one cosponsor. [see: https://tinyurl.com/ybgz9tgu]
