Draft Impeachment Resolution DJT

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.

                               ​                        

ARTICLE I

      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]