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Impeachment of President Donald John Trump The 1 116TH CONGRESS " ! DOCUMENT 2d Session HOUSE OF REPRESENTATIVES 116–95 IMPEACHMENT OF PRESIDENT DONALD JOHN TRUMP THE EVIDENTIARY RECORD PURSUANT TO H. RES. 798 VOLUME XI, PART 5 Historic Materials Printed at the direction of Cheryl L. Johnson, Clerk of the House of Representatives, pursuant to H. Res. 798, 116th Cong., 2nd Sess. (2020) JANUARY 23, 2020.—Ordered to be printed U.S. GOVERNMENT PUBLISHING OFFICE 39–528 WASHINGTON : 2020 VerDate Sep 11 2014 23:12 Jan 24, 2020 Jkt 039528 PO 00000 Frm 00003 Fmt 5012 Sfmt 5012 E:\HR\OC\HD095P27.XXX HD095P27 lotter on DSKBCFDHB2PROD with REPORTS E:\Seals\Congress.#13 COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chairman ZOE LOFGREN, California DOUG COLLINS, Georgia, Ranking Member SHEILA JACKSON LEE, Texas F. JAMES SENSENBRENNER, JR., STEVE COHEN, Tennessee Wisconsin HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia STEVE CHABOT, Ohio THEODORE E. DEUTCH, Florida LOUIE GOHMERT, Texas KAREN BASS, California JIM JORDAN, Ohio CEDRIC L. RICHMOND, Louisiana KEN BUCK, Colorado HAKEEM S. JEFFRIES, New York JOHN RATCLIFFE, Texas DAVID N. CICILLINE, Rhode Island MARTHA ROBY, Alabama ERIC SWALWELL, California MATT GAETZ, Florida TED LIEU, California MIKE JOHNSON, Louisiana JAMIE RASKIN, Maryland ANDY BIGGS, Arizona PRAMILA JAYAPAL, Washington TOM MCCLINTOCK, California VAL BUTLER DEMINGS, Florida DEBBIE LESKO, Arizona J. LUIS CORREA, California GUY RESCHENTHALER, Pennsylvania MARY GAY SCANLON, Pennsylvania, BEN CLINE, Virginia Vice-Chair KELLY ARMSTRONG, North Dakota SYLVIA R. GARCIA, Texas W. GREGORY STEUBE, Florida JOE NEGUSE, Colorado LUCY MCBATH, Georgia GREG STANTON, Arizona MADELEINE DEAN, Pennsylvania DEBBIE MUCARSEL-POWELL, Florida VERONICA ESCOBAR, Texas PERRY APELBAUM, Majority Staff Director & Chief Counsel BRENDAN BELAIR, Minority Staff Director (II) VerDate Sep 11 2014 23:12 Jan 24, 2020 Jkt 039528 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 E:\HR\OC\HD095P27.XXX HD095P27 lotter on DSKBCFDHB2PROD with REPORTS MAJORITY STAFF AMY RUTKIN, Chief of Staff PERRY APELBAUM, Staff Director and Chief Counsel JOHN DOTY, Senior Advisor AARON HILLER, Deputy Chief Counsel and Chief Oversight Counsel BARRY BERKE, Special Counsel NORMAN EISEN, Special Counsel ARYA HARIHARAN, Deputy Chief Oversight Counsel MADELINE STRASSER, Chief Clerk PRIYANKA MARA, Professional Staff WILLIAM S. EMMONS, Professional Staff ANTHONY L. VALDEZ, Staff Assistant MINORITY STAFF BRENDAN BELAIR, Staff Director, Counsel BOBBY PARMITER, Deputy Staff Director, Chief Counsel ASHLEY CALLEN, Chief Oversight Counsel STEPHEN CASTOR, Counsel DANNY JOHNSON, Oversight Counsel JAKE GREENBERG, Oversight Counsel PAUL TAYLOR, Chief Counsel, Constitution Subcommittee DANIEL FLORES, Counsel RYAN BREITENBACH, Counsel JON FERRO, Parliamentarian, Counsel ERICA BARKER, Deputy Parliamentarian ELLA YATES, Member Services Director ANDREA WOODARD, Professional Staff Member (III) VerDate Sep 11 2014 23:12 Jan 24, 2020 Jkt 039528 PO 00000 Frm 00005 Fmt 7633 Sfmt 5904 E:\HR\OC\HD095P27.XXX HD095P27 lotter on DSKBCFDHB2PROD with REPORTS 105th Congress } Ser. No. 9 PRINT 2d Session COMMITTEE { CONSTITUTIONAL GROUNDS FOR PRESIDENTIAL IMPEACHMENT: MODERN PRECEDENTS REPORT BY THE STAFF OF THE IMPEACHMENT INQUIRY COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTH CONGRESS HENRY J, HYDE, Chairman NOVEMBER 1998 U,S, GOVERNMENT PRINTING OFFICE 51-740 WASHINGTON : 1998 (24731) 24732 COMMITTEE 0~ THE ,JCDICIAHY HENHY ,J HYDE, l!lmo1s, Chn1rma11 F ,JAMES :':ENSENBH.EN'NER, JH. ,JOHN COS'YEHS, ,Jt(, Midugan W1s('(m,in BAH.1'.EY FRA!'iK, MHssadrnsd t., BIL!. MrCOLLl '.\1, Florida CIIARLES E SCHn'vlER :-;ew York GEOHGE W GEKAS, Prnnsvlvonii, HOWARD L. BERMAN, Cahforma HOWARD COBLE, North C~rolrna RICK BOUCHER Virgima LAMAH SMITH, Texas ,JERROLD ;-.;ADLER NPw York ELTON GALLEGLY, Califomia HOBERT C SCOTT, \1rg:nia CHARLES T CANADY, Florida !\1EL\'IN L WATT. Nortli C'an,!ma BOB JNGLIS, South Corolina ZOE LOFGREN. Californin BOB GOOIJLATTE, Virginia SHEILA ,JACKSON LEE, 'fp;,rns STEPHE'.'-1 E Bt:YF:R, Indiana MAXJNE WATEHS, California ED BRYANT, Tt>n!ll'SS('(' MARTIN T MEEHAN. Massnd1us •tt., STE\'E CHABOT, Ohio WILLIAM D DELA!!l:!'\T, !\fossadrnsetts BOB BARR, Grorgia ROBERT \\'EXLER Florida WILLIAM L. ,JENKINS, T,·nnP~s,,,, STEVEN R ROTHMAN. NPW ,Jt•N·V ASA HlJTClflNSON, Arknnsas THOMAS BARRETT, \\'ts,on,;rn . EDWARD A PEASE. Indiana Cllft!STOPHER B. CANNON, t.Trnh ,JAMES E. ROGA:-.', Cahforma LINDSEY 0. GRAHA.\1. South (\irolinn !\1ARY BONO, California (II) 24733 MA.JOmTY STAFF T!ioMAS E Mrni:s;f:Y, SR., Clw:f of Staff-Ot•nera/ Counsel JoN W. Dt'llAS, Deputy Cknt?ra/ Cowm:1-Staff Director l>!ANA L. Scl!Anrr, Deputy Stair Director-Chief Counsel 0A1'!EL M. FHr:f:MAI,', Parlianwntarian-Co1msel PAt'L ,J. McNt'LTY, Din•ctor of Comm11nications-Chu:f Counsel Jos1•:l'H H. Grni,;o:--., Chwf Counsel RlcK FrLK!NS, Counsel SHARH: M. FREE~IAS, Coun.,el Pr:TER J. Li:VI.NSON, Co1msd JoH:s F. MAVTZ, IV, Counsel Wll.LIAM E. Moscm:LI.A, Co1mscl STEPHEN P1:s;KOS, Counsel GEoma: M. F1s11,11.:-,., Clue( Cuunsl'i DAvm P. Snl!f'!'EW,, Clue{ lricc.,t1;ia/1l'e MIH fl GL•\7.JEH, Chief Counsel Cnunsel JoH:--. !!. LADD, Cl11ef C<>11ns,·I MY\ION!l V. S~llf:TA'.;KA, Clue( Counsel St'SA:S- Bo:;ART, lnh'sti;!a/11•e Counsel Lr\l 'H.A A.,:--. BAXTER. Coun.sei ,Jom,; C. KocoRAS, Cotmsel DA:S:IEL ,J. Bl<YANT, Cuunsel Bi-:nu: S. L1rn1A.\:S-, ln1·est11;ator CATlll.HS A. CLE/\\'EH, C,>1,ns,./ C'HA!U.t:S F M,\RiSo. C"11nsd \'1:sn: GARLUCK, Cu1m.,../ ,)nT!:HY ,) J'..\Vl.F"IW, hll'<'.,t11;(i/i:·e Cnun.,,·i ,J,\~ffs W. l·L\Hl'Ut, Cu1111s,·l T'Ho\!As M Sc HI f•l'EHS, In 1 cst1,1.:at11',· ( 'c,u11,,•/ Sn,A:s ,h:NSr::s;-C'o.\'KLIN, Cuun.sr! AU\Ff<T F TH.ACY, lnl'eSll;ial<>t Dr:,nv, K LAMA.N, C(}tmsrl Pr:n:H ,J. WAl'KS, f111·c.,t11,;atur BLl\l:S-E S. :\1ERIUTT, Counsel DIAN.~ L. \\'Or.NH Ki, fntTSltgat,,r N1co1,r: R NAso:s, Cuwis,·I Gu::-,;;-; R. SCH:ll!TT, Cuunsel JI\! Y. WJLllN, Co1ws,-/ .MINORITY ST,\FF ,Jt'LJAS El'STEIN. Jfrnor1t_1• Cl11cf Counsel ::',ta(( Director PE!rnY l l. An:LHAl '\!, .\fwontv General AHHE D. LUWELL, .\1111or1ty Chu'( !111•,·stli?atll'c Counsel · C.iunsel DAVlD G. LAC!!\IA.'\', Counw·l SA\ll'ACK P. GA!H,, l1w,:sti1?atin· Cowisd C'tXflllA A. R. MAHTIN, Cums,•/ Sn;PH!·::s: F. H,:101, ln1·est1,:ati1•e Counsel STEP!!A.'\'rE J. PETEf,S, Co1msl'i DrnoRAH L. RIIOllE, lrll'CS(l/o{Gtlt'C C{l/lfl.Sl'i SA\IARA T. RYlJr:H, Co1msd K~:\'I.'\' M. S!:lll'SO\', lm·csti,:at11 c Cuunsci BRIAN P. WOOLFOLK, Counsel LIS W. W1,:!IL, fl!t•est11<ati1·e Counsel (Ill) 24734 24735 CONTENTS Foreword ... .............. Introduction ................. Impeachment "Standards" Impeachments of the 198(J's ... ... ....... ....... A. The Impeachment of ,Judge Claiborne ............. B. The Impeachment of ,Judge Nixon .............. C. The Impeachment of .Judiie !lastings ........... Impeachment Proceedings Against President :\'ixon . Conclusion ...................................................... APf'Ef',;flfX Hccent Arnerinrn I mpt•achnH•nt Pro('E:'c'dings . 1. President Richard Nixon .......... 2. District ,Judge Harry Claiborne . a. District ,Judge Walt('r Nixon, ,Jr .. 4. District ,Judge Akec Hastings ...... Corud1tutiona! Gruunds /i1r Presulcntial lmpeach111011. r<>port writtPn rn rn'i·.1 by the impeachment inquiry staff of the Houst' Committl'e on thl' ,Judici- ary .. ....... ..... ..... :.!S (V) 24736 H>REWOIW l Jtll rk,twt.l tn make,!\ ai/;1bk d ,t,:f! rc·r,1r1 Uf'dJllfliC th,· I q"'.j ln;p,·.,, "'''""' I ,1,;:;1~'. >t;if! rep,,rt rq!,udrng the lt•f1'li!Utl<>nal gr,,und, i,,r p1,S1,k1:11;,1 irnpc.h.111:1v1,1 l h,, 1,·p,,1! L, ricen prc-r.ir,·J h> the ,tart nt rht: C,1nun1rtt't' t,,r th,: Lh<' ,,/ t:·,· (, ,,nirnHt,·~ •.•:, 11,,• .i.1,li, ,,tr'- It,~ unJn,tuPJ that th,· 11n" and c,,ndu>iom ,,,m.un,·,l 111 111,· 1q1,,n .,re- ¼l,1!! , ,c-, • .,,,,! Jp nPt 11,·,,:,~anh retkct t!w,e ,,( th<.' t ·umrn11te, ,,r ,tnl ,,t 11, m,·mkr, 24737 2 INTRODUCTION The United State& Constitution provides that ''[t]he President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of. Trea­ son, Bribery, or other high Crimes and Misdemeanors." 1 In 1974, the House of Representatives directed the Judiciary Committee to investigate whether sufficient grounds existed for the House to impeach President Richard Nixon. The impeachment in­ quiry staff prepared a memorandum on the constitutional grounds for presidential impeachment. The staff memorandum, entitled Constitutional Grounds for Presidential Impeachment. reported on "the history, purpose and meaning of the constitutional phrase, 'Treason, Bribery. or other high Crimes and Misdemeanors."' z Then ,Judiciary Committe1: Chairman Peter Rodino, Jr., stated in a foreword that "the views and conclusions contained in the report a,':' staff views and do not necessarilv reflect those of tlw committee or any of its members." 3 In any event. over the ensuing years the memorandum has become one of the leading and most cited sources as to the grounds for impeachment. In 1998, the Committee has again bN'n directed to investigate wlwther sufficient grounds exist for the Bouse to impeach a presi­ dent. On September 11. the House of RPpresE•ntati\'es passed I-I.Res. 525, which provided that the Committee review the commu­ nication received on Septernber 9 from Independent Counsel Ken­ neth Starr in which he transmitted his determination that substan­ tial and credible information r1:ceived by his office might constitute grounds for an impeachment of President Clinton, and dt>termine whether sufficient grounds did in fact exist to recommend to the House that an impeachment inquiry be commenced.
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