H11774 CONGRESSIONAL RECORD — HOUSE December 18, 1998 Hobson Metcalf Scarborough ica, against William Jefferson Clinton, Presi- tion brought against him, and his corrupt ef- Hoekstra Mica Schaffer, Bob dent of the United States of America, in forts to influence the testimony of that em- Horn Miller (FL) Sensenbrenner maintenance and support of its impeachment ployee. Hostettler Moran (KS) Sessions against him for high crimes and misdemean- In all of this, William Jefferson Clinton Houghton Morella Shadegg Hulshof Myrick Shaw ors. has undermined the integrity of his office, Hunter Nethercutt Shays ARTICLE I has brought disrepute on the Presidency, has Hutchinson Neumann Shimkus In his conduct while President of the betrayed his trust as President, and has Hyde Ney Shuster United States, William Jefferson Clinton, in acted in a manner subversive of the rule of Inglis Northup Skeen law and justice, to the manifest injury of the Istook Norwood Smith (MI) violation of his constitutional oath faith- fully to execute the office of President of the people of the United States. Jenkins Nussle Smith (NJ) Wherefore, William Jefferson Clinton, by Johnson (CT) Oxley Smith (OR) United States and, to the best of his ability, Johnson, Sam Packard Smith (TX) preserve, protect, and defend the Constitu- such conduct, warrants impeachment and Jones Pappas Smith, Linda tion of the United States, and in violation of trial, and removal from office and disquali- Kasich Parker Snowbarger his constitutional duty to take care that the fication to hold and enjoy any office of Kelly Paul Solomon laws be faithfully executed, has willfully cor- honor, trust, or profit under the United Kim Paxon Souder States. King (NY) Pease Spence rupted and manipulated the judicial process ARTICLE III Kingston Peterson (PA) Stearns of the United States for his personal gain Klug Petri Stump and exoneration, impeding the administra- In his conduct while President of the Knollenberg Pickering Sununu tion of justice, in that: United States, William Jefferson Clinton, in Kolbe Pitts Talent On August 17, 1998, William Jefferson Clin- violation of his constitutional oath faith- LaHood Pombo Tauzin ton swore to tell the truth, the whole truth, fully to execute the office of President of the Largent Porter Taylor (MS) and nothing but the truth before a Federal United States and, to the best of his ability, Latham Portman Thomas grand jury of the United States. Contrary to LaTourette Quinn Thornberry preserve, protect, and defend the Constitu- Lazio Radanovich Thune that oath, William Jefferson Clinton will- tion of the United States, and in violation of Leach Ramstad Tiahrt fully provided perjurious, false and mislead- his constitutional duty to take care that the Lewis (CA) Redmond Upton ing testimony to the grand jury concerning laws be faithfully executed, has prevented, Lewis (KY) Regula Walsh one or more of the following: (1) the nature obstructed, and impeded the administration Linder Riggs Wamp and details of his relationship with a subor- of justice, and has to that end engaged per- Livingston Riley Watkins dinate Government employee; (2) prior per- sonally, and through his subordinates and LoBiondo Rogan Watts (OK) jurious, false and misleading testimony he Lucas Rogers Weldon (FL) agents, in a course of conduct or scheme de- Manzullo Rohrabacher Weldon (PA) gave in a Federal civil rights action brought signed to delay, impede, cover up, and con- McCollum Ros-Lehtinen Weller against him; (3) prior false and misleading ceal the existence of evidence and testimony McCrery Roukema White statements he allowed his attorney to make related to a Federal civil rights action McHale Royce Whitfield to a Federal judge in that civil rights action; brought against him in a duly instituted ju- McHugh Ryun Wicker and (4) his corrupt efforts to influence the dicial proceeding. McInnis Salmon Wilson testimony of witnesses and to impede the The means used to implement this course McIntosh Sanford Wolf discovery of evidence in that civil rights ac- McKeon Saxton Young (FL) of conduct or scheme included one or more of tion. the following acts: NOT VOTING—26 In doing this, William Jefferson Clinton (1) On or about December 17, 1997, William Allen Johnson (WI) Owens has undermined the integrity of his office, Jefferson Clinton corruptly encouraged a Becerra Kaptur Pryce (OH) has brought disrepute on the Presidency, has witness in a Federal civil rights action Brown (FL) Kennedy (MA) Schaefer, Dan betrayed his trust as President, and has brought against him to execute a sworn affi- Crane Lipinski Taylor (NC) acted in a manner subversive of the rule of davit in that proceeding that he knew to be Emerson Manton Torres law and justice, to the manifest injury of the perjurious, false and misleading. Gonzalez Martinez Towns people of the United States. Gordon McDade Wise (2) On or about December 17, 1997, William Wherefore, William Jefferson Clinton, by Jefferson Clinton corruptly encouraged a Hefner Miller (CA) Young (AK) such conduct, warrants impeachment and Hinchey Oberstar witness in a Federal civil rights action trial, and removal from office and disquali- brought against him to give perjurious, false b 0927 fication to hold and enjoy any office of and misleading testimony if and when called honor, trust, or profit under the United to testify personally in that proceeding. Mr. KING and Mr. KINGSTON States. changed their vote from ‘‘aye’’ to ‘‘no.’’ (3) On or about December 28, 1997, William ARTICLE II Jefferson Clinton corruptly engaged in, en- Mr. BERMAN changed his vote from In his conduct while President of the couraged, or supported a scheme to conceal ‘‘no’’ to ‘‘aye.’’ United States, William Jefferson Clinton, in evidence that had been subpoenaed in a Fed- So the motion to adjourn was re- violation of his constitutional oath faith- eral civil rights action brought against him. jected. fully to execute the office of President of the (4) Beginning on or about December 7, 1997, The result of the vote was announced United States and, to the best of his ability, and continuing through and including Janu- as above recorded. preserve, protect, and defend the Constitu- ary 14, 1998, William Jefferson Clinton inten- tion of the United States, and in violation of sified and succeeded in an effort to secure f his constitutional duty to take care that the job assistance to a witness in a Federal civil PRIVILEGES OF THE HOUSE—IM- laws be faithfully executed, has willfully cor- rights action brought against him in order to rupted and manipulated the judicial process corruptly prevent the truthful testimony of PEACHING WILLIAM JEFFERSON of the United States for his personal gain that witness in that proceeding at a time CLINTON, PRESIDENT OF THE and exoneration, impeding the administra- when the truthful testimony of that witness UNITED STATES, FOR HIGH tion of justice, in that: would have been harmful to him. CRIMES AND MISDEMEANORS (1) On December 23, 1997, William Jefferson (5) On January 17, 1998, at his deposition in Mr. HYDE. Mr. Speaker, by direction Clinton, in sworn answers to written ques- a Federal civil rights action brought against tions asked as part of a Federal civil rights him, William Jefferson Clinton corruptly al- of the Committee on the Judiciary, I action brought against him, willfully pro- lowed his attorney to make false and mis- call up a privileged Resolution (H. Res. vided perjurious, false and misleading testi- leading statements to a Federal judge char- 611) impeaching William Jefferson Clin- mony in response to questions deemed rel- acterizing an affidavit, in order to prevent ton, President of the United States, for evant by a Federal judge concerning conduct questioning deemed relevant by the judge. high crimes and misdemeanors, and and proposed conduct with subordinate em- Such false and misleading statements were ask for its immediate consideration. ployees. subsequently acknowledged by his attorney The Clerk read the resolution, as fol- (2) On January 17, 1998, William Jefferson in a communication to that judge. lows: Clinton swore under oath to tell the truth, (6) On or about January 18 and January 20– the whole truth, and nothing but the truth 21, 1998, William Jefferson Clinton related a H. RES. 611 in a deposition given as part of a Federal false and misleading account of events rel- Resolved, That William Jefferson Clinton, civil rights action brought against him. Con- evant to a Federal civil rights action President of the United States, is impeached trary to that oath, William Jefferson Clinton brought against him to a potential witness for high crimes and misdemeanors, and that willfully provided perjurious, false and mis- in that proceeding, in order to corruptly in- the following articles of impeachment be ex- leading testimony in response to questions fluence the testimony of that witness. hibited to the United States Senate: deemed relevant by a Federal judge concern- (7) On or about January 21, 23 and 26, 1998, Articles of impeachment exhibited by the ing the nature and details of his relationship William Jefferson Clinton made false and House of Representatives of the United with a subordinate Government employee, misleading statements to potential wit- States of America in the name of itself and his knowledge of that employee’s involve- nesses in a Federal grand jury proceeding in of the people of the United States of Amer- ment and participation in the civil rights ac- order to corruptly influence the testimony of December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11775 those witnesses. The false and misleading ency of proceedings in an impeachment The SPEAKER pro tempore (Mr. statements made by William Jefferson Clin- as the pending business on the floor of LAHOOD). Is there objection to the re- ton were repeated by the witnesses to the the House, remarks in debate may in- quest of the gentleman from Illinois? grand jury, causing the grand jury to receive clude references to personal mis- Mr. BONIOR. Reserving the right to false and misleading information. In all of this, William Jefferson Clinton conduct on the part of the President. object, Mr. Speaker, I thank my col- has undermined the integrity of his office, While limited references in debate to league for his request, although I do has brought disrepute on the Presidency, has the personal conduct of the President not thank him that much. The gen- betrayed his trust as President, and has are allowed, the stricture against per- tleman has just handed to us on our acted in a manner subversive of the rule of sonally offensive references is not to- side of the aisle the request that he has law and justice, to the manifest injury of the tally disabled. To the contrary, this ex- just read, and we have just looked at people of the United States. ception to the general rule against en- it, and we have a number of concerns Wherefore, William Jefferson Clinton, by gaging in personality, admitting ref- with it, and if I might proceed for just such conduct, warrants impeachment and erences to personal conduct when that a second, Mr. Speaker, I would like to trial, and removal from office and disquali- conduct is the very question under con- fication to hold and enjoy any office of enumerate our concerns and then yield, honor, trust, or profit under the United sideration by the House, is not limited. if I could, to my distinguished col- States. The point was well stated on July 31, league, the gentleman from Michigan ARTICLE IV 1979, in the analogous circumstances of (Mr. CONYERS), for any comments that a disciplinary resolution involving a Using the powers and influence of the of- he might have? fice of President of the United States, Wil- sitting Member: Mr. Speaker, we are concerned obvi- liam Jefferson Clinton, in violation of his While a wide range of discussion is ously because we do not believe we constitutional oath faithfully to execute the permitted during debate, clause 1 of should be here today while our men office of President of the United States and, rule 14 still prohibits the use of lan- and women are fighting abroad, and we to the best of his ability, preserve, protect, guage which is personally abusive. have expressed that in the first motion and defend the Constitution of the United This is recorded in the Deschler- of the day with respect to adjourn- States, and in disregard of his constitutional Brown Procedure in the House of Rep- ment. We do not believe this is a proper duty to take care that the laws be faithfully resentatives in chapter 12, at section executed, has engaged in conduct that re- time to be debating removing the Com- 2.11. mander in Chief while thousands of sulted in misuse and abuse of his high office, While the impeachment matter is men and women are fighting abroad. impaired the due and proper administration pending on the floor, the Chair would of justice and the conduct of lawful inquir- Secondly, Mr. Speaker, the gen- remind Members that although the per- ies, and contravened the authority of the tleman asks for 4 hours of debate. I sonal conduct of the President is at legislative branch and the truth seeking pur- have just done the math briefly here. issue, the rules prohibit Members from pose of a coordinate investigative proceed- That comes out less than 30 seconds engaging in generally personal abusive ing, in that, as President, William Jefferson per Member. We do not think that is a Clinton refused and failed to respond to cer- language toward the President and, tain written requests for admission and will- also, from engaging in comparisons to reasonable amount of time for Mem- fully made perjurious, false and misleading personal conduct of sitting Members of bers of this body to express themselves sworn statements in response to certain either House of Congress. in perhaps one of the most important written requests for admission propounded issues that they will face in their life- to him as part of the impeachment inquiry b 0945 time. authorized by the House of Representatives The Chair asks and expects the co- Thirdly, Mr. Speaker, it runs, this of the Congress of the United States. William operation of the Members in maintain- time problem that the gentleman has Jefferson Clinton, in refusing and failing to raised, the 4 hours, runs to the fairness respond and in making perjurious, false and ing a level of decorum that properly misleading statements, assumed to himself dignifies the proceedings of the House. issue, and we note that in the unani- functions and judgments necessary to the ex- The gentleman from Illinois (Mr. mous consent request there is nothing ercise of the sole power of impeachment HYDE) is recognized for 1 hour. here to give the American people a vested by the Constitution in the House of GENERAL LEAVE chance to see this Congress vote on the Representatives and exhibited contempt for Mr. HYDE. Mr. Speaker, I ask unani- option that they would like to see that the inquiry. mous consent that all Members have 5 would bring this country together: the In doing this, William Jefferson Clinton legislative days in which to revise and option of censure. has undermined the integrity of his office, extend their remarks on the resolution Much of my argument, our argument, has brought disrepute on the Presidency, has betrayed his trust as President, and has under consideration. goes to the question of fairness, and we acted in a manner subversive of the rule of The SPEAKER pro tempore. Is there will have grave, grave concerns about law and justice, to the manifest injury of the objection to the request of the gen- agreeing to this request based on the people of the United States. tleman from Illinois? arguments that have just been made. Wherefore, William Jefferson Clinton, by There was no objection. Further reserving the right to object, such conduct, warrants impeachment and Mr. HYDE. Mr. Speaker, I ask unani- Mr. Speaker, I yield to the gentleman trial, and removal from office and disquali- mous consent that during consider- from Michigan (Mr. CONYERS). fication to hold and enjoy any office of ation of House Resolution 611, the pre- Mr. CONYERS. First of all, Mr. honor, trust, or profit under the United vious question shall be considered as Speaker, I want to indicate my concur- States. ordered on the resolution to final adop- rence in the position raised by the gen- The SPEAKER pro tempore (Mr. tion without intervening motion ex- tleman from Michigan (Mr. BONIOR), LAHOOD). The resolution constitutes a cept: First, debate on the resolution but is there any reason why the chair- question of the privileges of the House shall be extended, and I say to the gen- man, the gentleman from Illinois (Mr. and may be considered at this time. tleman from Michigan (Mr. CONYERS) HYDE), could not wait for 2 days before ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE that I have 4 hours here, but that is proceeding with this very serious un- The SPEAKER pro tempore. The certainly negotiable and I would wel- dertaking, until at least our brave sol- Chair would like to read an announce- come any suggestions the gentleman diers may be out of harm’s way before ment to all Members. might have on time, but for purposes of we proceed? Today the House will embark on a this unanimous consent request I ask Mr. HYDE. Mr. Speaker, will the gen- resolution of impeachment of the that the debate be extended to 4 hours tleman yield? President of the United States. The equally divided at the outset and con- Mr. BONIOR. I yield to the gen- Chair would take this occasion to trolled by the chairman and ranking tleman from Illinois. make an announcement regarding minority member of the Committee on Mr. HYDE. Mr. Speaker, if the gen- proper decorum during debate in the the Judiciary; and seoncd, one motion tleman from Michigan (Mr. BONIOR) is House during the pendency of the im- to recommit with or without instruc- yielding to me for an answer for the peachment resolution. tions, which, if including instructions, gentleman from Michigan (Mr. CON- As the Speaker announced, with the shall be debatable for 10 minutes equal- YERS), I would like to say, first of all concurrence of the minority leader, on ly divided and controlled by the pro- on the time, that the 4 hours I said, September 10, 1998, during the pend- ponent and an opponent. that is negotiable; I would not expect H11776 CONGRESSIONAL RECORD — HOUSE December 18, 1998 to limit it to 4 hours. Limit it to some in the Starr referral, they do not rise before the committee by the independ- reasonable sum. We offered a lot of to the level of an impeachable offense. ent counsel. They have admitted, in ef- hours last night that our colleagues re- Well, just what is an impeachable of- fect, he did it. jected. fense? One authority, Professor Ste- But then they have argued that this So, Mr. Speaker, we are trying to be phen Presser of Northwestern Univer- does not rise to the level of an im- fair, and on the time I ask my col- sity School of Law, said, and I quote: peachable offense. This is the ‘‘so leagues for their suggestions. ‘‘Impeachable offenses are those what’’ defense whereby the Chief Exec- As to holding this for a couple of which demonstrate a fundamental be- utive, the successor to George Wash- more days, that is a decision that our trayal of public trust; they suggest the ington, can cheapen the oath, and it conference has made. We felt the federal official has deliberately failed really does not matter. They suggest quicker we could go ahead, the more in his duty to uphold the Constitution that to impeach the President is to re- we could show the world our democ- and laws he was sworn to enforce.’’ verse the result of a national election racy works. So, Mr. Speaker, we must decide if a as though Senator Dole would become Mr. BONIOR. I object, Mr. Speaker. President, the chief law enforcement President. They propose novel rem- The SPEAKER pro tempore. Objec- officer of the land, the person who ap- edies, like a Congressional censure that tion is heard. points the Attorney General, the per- may appease some constituents and Mr. HYDE. Mr. Speaker, for purposes son who nominates every Federal certainly mollify the press, but in my of debate only, I yield the customary judge, the person who nominates to the judgment betray lack of seriousness half of the time to the gentleman from Supreme Court and the only person about the Constitution, the separation Michigan (Mr. CONYERS), and during with a constitutional obligation to of powers and the carefully balanced consideration of this resolution, all take care that the laws be faithfully relationship of checks and balances be- time yielded is for the purpose of de- executed, can lie under oath repeatedly tween Congress and the President that bate only. was wisely crafted by the framers. A Mr. Speaker, I yield to the gentleman and maintain it is not a breach of trust sufficient for impeachment. resolution of censure, to mean any- from Wisconsin (Mr. SENSENBRENNER). thing, must punish, if only to tarnish Mr. SENSENBRENNER. Mr. Speak- The President is the trustee of the his reputation, but we have no author- er, if the previous question is moved, I Nation’s conscience, and so are we here ity under the Constitution to punish intend to vote against it so that I may today. There have been many explosions in the President. It is called separation of be recognized to control time under the powers. hour rule in order to continue debate our committee hearings on the respec- tive role of the House and the Senate. As my colleagues know, we have been on House Resolution 611. attacked for not producing fact wit- Mr. HYDE. Mr. Speaker, I yield my- Under the Constitution, the House ac- cuses and the Senate adjudicates. True, nesses, but this is the first impeach- self such time as I may consume. ment inquiry in history with the Office (Mr. HYDE asked and was given per- the formula language of our articles re- of Independent Counsel in place, and mission to revise and extend his re- cites the ultimate goal of removal from their referral to us consisted of 60,000 marks.) office, but this language does not pages of sworn testimony grand jury Mr. HYDE. Mr. Speaker, my col- trump the Constitution, which defines transcripts, depositions, statements, leagues of the People’s House, I wish to the separate functions, the different affidavits, video and audio tapes. We talk about the rule of law. functions of the House and the Senate. After months of argument, hours of Our Founding Fathers did not want the had the facts, and we had them under debate, there is no need for further body that accuses to be the same one oath. We had Ms. Lewinsky’s heavily complexity. The question before this that renders final judgment, and they corroborated testimony under a grant House is rather simple. It is not a ques- set up an additional safeguard of a two- of immunity that would be revoked if tion of sex. Sexual misconduct and thirds vote for removal. she lied; we accepted that and so did they, else why did they not call any adultery are private acts and are none So, despite protests, our job is to de- others whose credibility they ques- of Congress’ business. It is not even a cide if there is enough evidence to sub- tioned as their own witnesses? Now question of lying about sex. The matter mit to the Senate for a trial. That is there was so little dispute on the facts before the House is a question of lying what the Constitution says no matter they called no fact witnesses and have under oath. This is a public act, not a what the President’s defenders say. even based a resolution of censure on private act. This is called perjury. The When Ben Franklin, on September 18, the same facts. matter before the House is a question 1787 told Mrs. Powel that the Founders and Framers had given us a Republic Let us be clear. The vote that all of of the willful, premeditated, deliberate us are asked to cast is in the final anal- corruption of the Nation’s system of ‘‘if you can keep it,’’ perhaps he antici- pated a future time when bedrock prin- ysis a vote on the rule of law. justice. Perjury and obstruction of jus- Now the rule of law is one of the ciples of our democracy would be mor- tice cannot be reconciled with the Of- great achievements of our civilization, tally threatened as the Rule of Law fice of the President of the United for the alternative is the rule of raw stands in the line of fire today. Noth- States. power. We here today are the heirs of ing I can think of more clearly illus- The personal fate of the President is 3,000 years of history in which human- trates that America is a continuing ex- not the issue. The political fate of his ity slowly, painfully, and at great cost periment, never finished, that our de- party is not the issue. The Dow Jones evolved a form of politics in which law, mocracy is always a work in progress Industrial Average is not the issue. The not brute force, is the arbiter of our than this debate today, for we sit here issue is perjury, lying under oath. The public destinies. issue is obstruction of justice, which with the power to shape and reconfig- the President has sworn the most sol- ure the charter of our freedom just as b 1000 emn oath to uphold. That oath con- the Founders and Framers did. We can We are the heirs of the Ten Com- stituted a compact between the Presi- strengthen our Constitution by giving mandments and the Mosaic law, a dent and the American people. That it content and meaning, or we can moral code for a free people, who, hav- compact has been broken. The people’s weaken and wound it by tolerating and ing been liberated from bondage, saw in trust has been betrayed. The Nation’s thus encouraging lies under oath and law a means to avoid falling back into chief executive has shown himself un- evasion and breaches of trust on the the habits of slaves. willing or incapable of enforcing its part of our chief executive. We are the heirs of Roman law, the laws, for he has corrupted the rule of The President’s defenders in this first legal system by which peoples of law by his perjury and his obstruction House have rarely denied the facts of different cultures, languages, races and of justice. this matter. They have not seriously religions came to live together in a Mr. Speaker, that and nothing other challenged the contention of the inde- form of political community. than that is the issue before this pendent counsel that the President did We are the heirs of the Magna Carta, House. not tell the truth in two sworn testi- by which the free men of England We have heard ceaselessly that even monies. They have not seriously at- began to break the arbitrary and un- if the President is guilty of the charges tempted to discredit the facts brought checked power of royal absolutism. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11777 We are the heirs of a long tradition of No man or woman, no matter how (Mr. GEPHARDT asked and was parliamentary development, in which highly placed, no matter how effective given permission to revise and extend the rule of law gradually came to re- a communicator, no matter how gifted his remarks.) place royal prerogative as the means a manipulator of opinion or winner of Mr. GEPHARDT. Mr. Speaker, this for governing a society of free men and votes, can be above the law in a democ- vote today is taking place on the women. racy. That is not a council of perfec- wrong day, and we are doing it in the We are the heirs of 1776, and of an tion; that is a rock bottom, irreducible wrong way. I am disappointed and I am epic moment in human affairs when principle of our public life. saddened by the actions of the major- the Founders of this Republic pledged There is no avoiding the issue before ity, in both the timing and in the their lives, their fortunes and their sa- us, much as I wish we could. We are, in method that we are considering the cred honors, think of that, sacred one way or another, establishing the most important act that the Constitu- honor, to the defense of the rule of law. parameters of permissible presidential tion asks us to perform. The actions of We are the heirs of a hard-fought war conduct. In creating a presidential sys- the majority, in my view, show a lack between the states, which vindicated tem, the framers invested that office of common sense and decency, and is the rule of law over the appetites of with extraordinary powers. If those not befitting of our beloved House. some for owning others. powers are not exercised within the As I said yesterday, when our young We are the heirs of the 20th Century’s boundaries of the rule of law, if the soldiers, men and women, are in harm’s great struggles against totalitarian- President breaks the law by perjury way, we should not be debating and ism, in which the rule of law was de- and obstructs justice by willfully cor- considering and talking about remov- fended at immense costs against the rupting the legal system, that presi- ing our Commander in Chief. If we be- worst tyrannies in human history. dent must be removed from office. We lieved that this would go on for days The phrase ‘‘rule of law’’ is no pious cannot have one law for the ruler and and days, I could understand the deci- aspiration from a civics textbook. The another law for the ruled. sion to go forward today. I do not be- rule of law is what stands between all This was, once, broadly understood in lieve it will go on for days and days, of us and the arbitrary exercise of our land. If that understanding is lost and I believe that we send the wrong power by the state. The rule of law is or if it becomes seriously eroded, the message to Saddam Hussein, to the the safeguard of our liberties. The rule American democratic experiment and British, to the Chinese and to the Rus- of law is what allows us to live our the freedom it guarantees is in jeop- sians, to be on the floor of this House freedom in ways that honor the free- ardy. That, and not the faith of one today, when we could be here Sunday dom of others while strengthening the man, or one political party or one elec- or Monday or Tuesday. I guess I am worried also that some common good. toral cycle, is what we are being asked of us do not want to be inconvenienced. The rule of law is like a three-legged to vote on today. stool. One leg is an honest judge, the In casting our votes, we should look Our young people are inconvenienced second leg is an ethical bar, and the not simply to ourselves, but to the past today who are in the Persian Gulf. They are being shot at, and they stand third is an enforceable oath. All three and to the future. Let us look back to in danger, and with all my heart I be- are indispensable to avoid political col- Bunker Hill, to Concord and Lexington. lieve the least we could do is postpone lapse. Let us look across the river to Arling- this debate to a different day. But I In 1838, Abraham Lincoln celebrated ton Cemetery, where American heroes know I have lost that debate and the the rule of law before the Young Men’s who gave their lives for the sake of the Lyceum in Springfield, Illinois, and decision has been made. We are here. rule of law lie buried, and let us not be- Let me address the way this is being linked it to the perpetuation of Amer- tray their memory. Let us look to the ican liberties and American political done. But before I do that, I want to future, to the children of today who are say something else. The events of the institutions. Listen to Lincoln, from the presidents and members of Con- last days sadden me. We are now at the 1838: gress of the next century, and let us ‘‘Let every American, every lover of height of a cycle of the politics of neg- not crush their hope that they too will ative attacks, character assassination, liberty, every well wisher to his poster- inherit a law-governed society. ity, swear by the blood of the Revolu- personal smears, of good people, decent Let us declare, unmistakably, that people, worthy people. It is no wonder tion never to violate in the least par- perjury and obstruction of justice dis- to me and to you that the people of our ticular the laws of the country; and qualify a man from retaining the presi- country today are cynical and indiffer- never to tolerate their violation by dency of the United States. ent and apathetic about our govern- others. As the patriots of seventy-six There is a mountain of details which ment and about our country. The poli- did to support the Declaration of Inde- are assembled in a coherent mosaic in tics of smear and slash and burn must pendence, so to the support of the Con- the committee report. It reads like a end. stitution and laws, let every American novel, only it is nonfiction, it really This House and this country must be pledge his life, his property and his sa- happened, and the corruption is com- based on certain basic values: Respect, cred honor; let every man remember pelling. Read the report and be con- trust, fairness, forgiveness. We can that to violate the law is to trample on vinced. take an important step today back to the blood of his father, and to tear the What we are telling you today are the politics of respect and trust and character of his own and his children’s not the ravings are some vindictive po- fairness and forgiveness. liberty. Let reference for the laws be litical crusade, but a reaffirmation of a Let me talk about the way we are breathed by every American mother to set of values that are tarnished and doing this and how that can be that the lisping babe that prattles on her dim these days, but it is given to us to first step. We have articles of impeach- lap, let it be taught in the schools, in restore them so our Founding Fathers ment on the floor of this House. This is seminaries, and in colleges. Let it be would be proud. the most radical act that is called for written in primers, spelling books and Listen, it is your country. The Presi- in our Constitution. almanacs. Let it be preached from the dent is our flag-bearer. He stands out In this debate, we are being denied a pulpit, proclaimed in legislative halls, in front of our people, and the flag is vote as an alternative to impeachment and enforced in the courts of justice.’’ falling. Catch the falling flag as we for censure and condemnation of our So said Lincoln. keep our appointment with history. President for the wrongful acts that we My colleagues, we have been sent Mr. CONYERS. Mr. Speaker, it is our believe have been performed. here to strengthen and defend the rule plan to recognize our leadership, and We all say that this is a vote of con- of law; not to weaken it, not to attenu- then our members of the Committee on science. You get to vote your vote of ate it, not to disfigure it. This is not a the Judiciary, and then the rest of our conscience, and I respect that right. question of perfection; it is a question distinguished membership on this side. All we are asking for is that we get to of foundations. This is not a matter of Mr. Speaker, I am pleased to yield vote our conscience. And it is not just setting the bar too high; it is a matter three minutes to the distinguished gen- our conscience, it is the conscience of of securing the basic structure of our tleman from Missouri (Mr. GEPHARDT), millions of Americans who share this freedom, which is the rule of law. our minority leader. view. H11778 CONGRESSIONAL RECORD — HOUSE December 18, 1998 I know what you say. You say that In Lincoln’s Gettysburg Address he truth, and then intentionally provided the Constitution does not allow this prayed this prayer, that this Nation false statements to the grand jury of vote of censure. Constitutional schol- shall have a new birth of freedom, and citizens charged with a heavy respon- ars in the hundreds, some of the most that this government of the people, by sibility. respected, conservative constitutional the people, for the people should not The article specifically charges the scholars have opined in the days be- perish from this earth. I pray today President lied about his relationship fore, in the committee and through ar- that you will open up this people’s with a subordinate employee. He pro- ticles and through speeches, that, in house and let the people’s voice come vided false statements about the truth- their view, the Constitution does allow in and let fairness reign. Thank you. fulness of his prior testimony. He false- this vote; that the Constitution is si- Mr. HYDE. Mr. Speaker, I yield 5 ly testified about statements made by lent on this question of what else we minutes to the gentleman from Arkan- his attorney in the previous lawsuit. can do; that the Constitution in no way sas (Mr. HUTCHINSON). False statements were made about his prevents us from doing this. Mr. HUTCHINSON. Mr. Speaker, I efforts to corruptly influence the testi- What do I conclude? I can only con- thank the gentleman for yielding me mony of witnesses. And so there were clude that you do not want our Mem- this time. perjurious statements that were given. bers to have this choice. I can only Mr. Speaker, this is not easy. In fact, But what is the law? Title 18 of the conclude that some are afraid of this it is difficult, it is unpleasant, and we United States Code makes it a felony vote. I can only conclude that this may would all just as soon the responsibil- for any citizen to willfully provide be about winning a vote, not about ity go aside. As our Founding Fathers false statements to the grand jury. high-minded ideals. warned, this is an issue that divides us Now, I agree this is not a criminal case, but it illustrates that these are b 1015 and stirs the passions of the great peo- ple of this country. I know my fellow not lies to inquiring minds at the coun- Let me, if I can, go back to the val- Arkansans are divided on the issue of try club, but they are to the grand jury ues: Respect, fairness, trust, forgive- impeachment, and for these reasons it of the United States. The President ness. We need to begin in the way we is argued that we should find an easier certainly understood the gravity of his do this to practice a different kind of way out of this present trouble, that testimony and the expectation of politics. We need to stand today as a truthfulness. unified body, Republicans and Demo- we should put it off, we should turn aside. But as we all know, the easy way At the beginning of his testimony, he crats, liberals, moderates, conserv- was asked if he understood that he had atives, rejecting raw, naked partisan- is not always the right way. The difficult path is to follow the to tell the truth, the whole truth, and ship, and putting in its place a politics Constitution, but that is the oath that nothing but the truth, and that if you of trust and respect and decency, and are to lie or to intentionally mislead values. We need to turn away from ex- we all took in this Chamber, and I have faith that the path James Madison the grand jury, you could be prosecuted tremism and inquisition and return to for perjury of obstruction of justice, a sense of moderation in our political marked will lead us out of these woods. Mr. Speaker, I support the resolution and the answer was, I understand. But system. is it impeachable? The answer is yes. We are considering articles of im- that has been offered. I will focus my attention on Article I. This article Alexander Hamilton talked about peachment that allege an abuse of harm that is done to society itself. Jus- charges that on August 17, William Jef- power. We have an obligation not to tice Story talked about great injuries ferson Clinton willfully provided false abuse our power. to the State, and I believe that the testimony to the Federal grand jury. We need to turn back. We have an- damage to the State and to the integ- The first article is perjury before the other chance. The chance is still there, rity of government occurs when those grand jury. There are 3 questions: What before our Nation and our democracy in high office violate a court oath and are the facts, what is the law, and is it have become unalterably and perma- a constitutional oath to faithfully exe- impeachable under the Constitution? nently degraded and lowered. The great cute the laws. Judge Learned Hand once said that no The facts are that a Federal civil The facts establish a pattern of false court can save a society so riven that rights lawsuit was filed by another cit- statements, deceit and obstruction, the spirit of moderation is gone. izen of the United States against the and by committing these actions, the Today, I believe the majority is pursu- President. The Supreme Court said President moved beyond the private ing a path of immoderation, disregard- that lawsuit could proceed. In January arena of protecting personal embar- ing even a consideration of the wishes of 1998, a deposition was taken, and the rassing conduct and his actions began of a vast majority of the American peo- committee found that the President, to conceal, mislead and falsify; invaded ple regarding penalizing this President despite being told by the judge to an- the very heart and soul of that which with censure and not impeachment. swer the questions, lied under oath in makes this Nation unique in the world, In the Book of Isaiah in the Bible it order to protect himself from that law- the right of any citizen to pursue jus- was said, ‘‘Judgment is turned away suit. At that point, a criminal inves- tice equally. backward and justice stands far off.’’ I tigation was begun with the approval The conduct obstructed our judicial ask the majority one last time to re- of the United States Attorney General, system and at that point that became consider what you are doing. We are and as a result of that investigation, an issue, not a personal concern, but of deeply offended, in all sincerity, from President Clinton agreed to testify be- national consequence. The preamble to my heart; we are deeply offended by fore the Federal grand jury investigat- our Constitution, in the second purpose the unfairness of this process. You are ing these allegations. says, it is to establish justice. It is not asking us to consider the most impor- Prior to his testimony, we all recall for the President or his lawyers to de- tant act the Constitution calls on us to that there was a uniform warning termine who can or cannot seek jus- do. across this land by his aides, by the tice, and if the President lied under We are considering overturning the public: Mr. President, whatever you do, oath in a Federal civil rights case, that free choice and vote of over almost 50 do not lie to the grand jury. In fact, he took it upon himself to deny the million Americans. We are considering Alan Dershowitz, an ardent defender of right of a fellow American, in this case the most radical act our Constitution the President said, he must tell the a fellow Arkansan, equal access to seek allows. We are considering changing truth, whatever the truth may be. If he relief in the courts. the balance of power and the propor- perjures himself, he could very well be The President’s lawyers have de- tionality of the branches of our govern- impeached. clared such a lie to be a small one, of ment. You are doing this in a way that Dick Morris warned him that the small consequence, and therefore, not denies millions of Americans the trust people would forgive a personal mis- impeachable. But I cannot see how de- and respect for our views that we af- conduct, but they could not forgive nying the rights of a fellow citizen ford to you, and that we feel we deserve perjury or obstruction of justice. De- could be considered a small con- in our Constitution guarantees. In your spite these warnings, the committee sequence. effort to uphold the Constitution, you found that the President went before Mr. Speaker, I ask my colleagues to are trampling the Constitution. the grand jury, took an oath to tell the support Article I, and this resolution. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11779 Mr. CONYERS. Mr. Speaker, I am If Members cannot set aside partisan If we make every Member of this pleased to yield 3 minutes to the gen- politics until our troops are safe, at House rumored to have been involved tleman from Michigan (Mr. BONIOR), least, at the very least, let us have a in an affair subject to a $40 million spe- the minority whip of the Congress. clean vote of conscience, and let us cial prosecutor, and then hold them ac- Mr. BONIOR. Mr. Speaker, as I rise bring America together once again. countable for any misstatement of to speak, the men and women of Amer- Mr. CONYERS. Mr. Speaker, it is my fact, we may be faced with a number of ica’s Armed Forces are engaged in bat- pleasure to yield 3 minutes to the gen- empty seats in this Chamber. We tle. Halfway around the world on ships tleman from Texas (Mr. FROST). should reserve impeachment for those at sea, in the skies over Baghdad, they Mr. FROST. Mr. Speaker, the deci- rare instances that undermine our are risking their lives for us. But even sion we are faced with today is of sin- form of government and threaten the as millions of Americans across our gular importance. We are being asked essence of democracy. It should not be country are hoping for a quick end to to overturn the results of a presi- used as a club by a partisan majority this conflict, even as we are praying for dential election under a procedure that that dislikes the particular president. the safety of our sons and daughters, is fundamentally unfair, and at a time Mr. CONYERS. Mr. Speaker, I am my Republican colleagues are obsessed that is contrary to the strategic na- pleased to yield 3 minutes to the gen- with a different target. They are deter- tional interests of the United States. tleman from New Jersey (Mr. MENEN- mined to impeach the Commander in There are three issues involved here DEZ). Chief of America’s Armed Forces, the today: the unfairness of this proceed- Mr. MENENDEZ. Mr. Speaker, to- President of the United States. Even as ing, the timing of this action, and the day’s vote is set upon an unfair, false the bombs are falling on Baghdad, they merits of whether or not to impeach choice. This historic decision should be are trying to force him from office. the President. a moment above all political maneu- Let us start with the fundamental What kind of signal does this send vering. Instead, it is riddled with un- unfairness of this proceeding. The Re- our troops, our allies, the American fairness, sloppy procedure, and mean- publicans have denied the House the people, the world? I find it quite in- spirited partisanship. opportunity to vote on censuring the credible that we are even here today From the 4-year, $40 million inves- President, even though a clear major- having this debate. To force an im- tigation which could only turn up a ity of the American public believes the private, consensual affair, the airing peachment vote is to completely ignore President should be censured for his and publishing of the tawdry Starr re- the will of the American people. conduct but not removed from office. port and Lewinsky tapes where all of b 1030 Leading members of the Republican our children could hear and read every Party, former President Gerald Ford, The people of this country support sexual detail, the failure of the Presi- former Senator Bob Dole, have urged the President, just as they have sup- dent’s accusers to spell out which of the censure option, but we are being ported him through two elections and his words were allegedly perjurious, denied the opportunity to even con- throughout his presidency. He is doing the unfair denial of the censure option sider it today. There is no fairness on the job they elected him to do. It is a here today, to trying to impeach the this floor today. grave mistake to rush forward with im- Commander in Chief with troops in peachment like a runaway train head- Second, the Republican majority, by starting this proceeding today, while harm’s way, this process is a travesty. ing for a cliff. Why can we not just we are engaged in military action Where is their sense of fairness? pause for a second? Why can we not against Saddam Hussein, sends entirely Somewhere along the way, some in stop right here and come to our senses? the wrong message to Saddam and to this House forgot that Bill Clinton is The American people have made it the rest of the world. We have a great our President, not their personal very clear they oppose impeachment. bipartisan tradition of supporting the enemy. The Constitution is not a li- They are looking for another solution, Commander in Chief and supporting cense to destroy a president because a just solution, a solution that con- our soldiers, sailors, and airmen in the one does not like him. demns the President’s wrongdoing yet time of war. That tradition is being I believe the President’s actions were enables America to put this sorry spec- shattered today by a partisan major- reprehensible and worthy of condemna- tacle behind us and get on with the ity. tion, but the clearest, most appropriate country’s business; a solution that Seven years ago I joined 86 of our col- way to send a message about this brings us together as a Nation, not one leagues, of our Democratic colleagues, President’s behavior is censure. That is that divides us. in supporting a Republican President, what our best legal scholars say, that Censure, this is the one option the George Bush, when he initiated mili- is what the American public says. If Republican leadership refuses to con- tary action against Saddam Hussein. I the Republican leadership would allow sider. They will not even let us vote on disagreed with President Bush on a va- us the freedom to vote our conscience, it. President Ford supports censure, riety of matters, but I felt it was im- that would be the option. Senator Dole supports censure, Mem- portant to show national unity against A censure would put an indelible scar bers on both sides of the aisle support Saddam. upon the President’s place in history, censure. I dare say if it was made in By starting this proceeding against something we all know this President order, it would pass. Yet the Repub- President Clinton today, we are send- cares about deeply. It is a tough, just, lican leadership in this House is so ing the ultimate mixed message to and appropriate punishment. It would angry, so obsessed, so self-righteous, Saddam about our national resolve. We not absolve the President of any future that they are refusing us a true vote of may be encouraging him to resist indictment and prosecution of alleged conscience. longer by our actions in the midst of perjury. This is wrong, it is unfair, it is un- war. Starting this proceeding today Impeachment, however, should not be just. At a time when events in the may wind up costing American lives. used as a form of super censure. Far world and challenges at home demand The majority may well have blood on from upholding the rule of law, a vote that we stand united, censure is the its hands by starting this proceeding for impeachment under these cir- one solution that can bring us to- today. We certainly could have waited cumstances weakens and undermines gether. until Monday to pursue this proceed- the rule of law, turning our Constitu- To my colleagues across the aisle, I ing, giving our military time to pursue tion into an unfair political tool. say, let go of your obsession. Listen to its mission. Former chairman of the Committee the American people. Stop hijacking That brings me to the question of the on the Judiciary Peter Rodino said to the Constitution. We should not be merits. The Republican majority is me, ‘‘We voted to impeach Richard having this debate now while our trivializing the U.S. Constitution and Nixon because of the irreparable harm troops are in battle. But if, if they in- setting a terrible precedent by pressing he had done and threatened to do to sist on ramming this matter through for impeachment on these particular the rights, liberties, and privileges of at any cost, give us the opportunity, grounds. What Clinton did was wrong, American citizens using the CIA, the give the country the opportunity, to but it does not rise to the level of an FBI, the IRS, illegally wiretapping and express themselves on censure. impeachable offense. auditing United States citizens. But we H11780 CONGRESSIONAL RECORD — HOUSE December 18, 1998 would not have impeached Nixon alone from Georgia (Mr. NEWT GINGRICH), this Congress and this unfair process. for lying.’’ clearly makes it understandable that For some to speak of their vote of con- Yes, let us censure the President for censure and not impeachment is rel- science today, even as they deny others his misconduct, let us send a message evant. a deep vote of conscience, is in itself to our children that these actions are The final point is this: Members on unconscionable. A process whose goal wrong, but let us not unfairly use the the other side understand that people was to emulate the Watergate legacy Constitution as a way to send that think throwing someone out of office is sadly will leave a legacy more akin to message. too harsh. We have a stunningly illogi- the impeachment of Andrew Johnson. I warn my colleagues that they will cal game going on. First, to get votes In the name of the Constitution, Ar- reap the bitter harvest of the unfair for impeachment from people who ticle II, this process trampled on the partisan seeds they sow today. The know that the public doesn’t want it, Constitution, Articles II and VI. In the constitutional provision for impeach- they downgrade impeachment. Im- name of the rule of law, this process ig- ment is a way to protect our govern- peachment is not throwing the Presi- nored the fundamental principles of ment and our citizens, not another dent out of office, the chairman says; due process and fairness that formed weapon in the political arsenal. Monica impeachment does not end the process, the foundation of that rule of law. In Lewinsky is not Watergate. Let he who it simply sends it to the Senate. the name of no person is above the law, has no sin in this Chamber cast the But what have they already begun to this process forgot that no citizen first vote. do? They plan, having degraded im- should be treated below the law. In the Mr. CONYERS. Mr. Speaker, I yield 3 peachment and claimed it is no defini- name of justice, this process ignored minutes to the gentleman from Massa- tive judgment, once they get a partisan the pillar of justice that in our Nation chusetts (Mr. BARNEY FRANK), a senior vote for an impeachment, where the every citizen is innocent until proven member from Massachusetts on the bar has been lowered, then to say, that guilty, not guilty until proven inno- Committee on the Judiciary. is the basis for resignation. First, im- cent. In the name of America, this Mr. FRANK of Massachusetts. Mr. peachment will be insignificant, it will process raised the ugly debate of who is Speaker, this House is launched on a simply be the beginning of the process. a real American. historically tragic case of selective But having used their partisan power History will surely judge this process moralizing. By the history of this and the power of the right wing in the as a combination of Kafka, To Kill a country, the appropriate response to country to get an impeachment Mockingbird and Keystone Kops. lying about a consensual sexual affair through after they have dumbed it Mr. Speaker, if the Golden Rule were would be censure. down in significance, they will turn to be our guide, who among us, who When Ronald Reagan’s Secretary of around and use the fact that they got among us, Democrat or Republican in Defense was indicted for perjury by an that impeachment as a club to try to this House, would want to be a defend- Independent Counsel and pardoned by drive the President from office. First ant in the case where the rules of law George Bush, Members on that side ap- impeachment will simply be very lit- and fairness were ignored, where secret plauded the action. When Speaker tle, and then it will be an enormous grand jury testimony against us was GINGRICH was found to have been inac- amount. released to the world, where there was curate 13 times in an official proceed- Members cannot, de facto, amend the not one direct witness, where your de- ing to the House Ethics Committee, he Constitution by that distortion of im- fense attorney was limited to one hour was reprimanded and simultaneously peachment, and then use it to try to of cross-examining your chief accuser, reelected Speaker with the overwhelm- drive a President out of office when where your attorney was forced to give ing vote of Members on that side. That they know that is an inappropriate your final defense even before one is why we believe censure is appro- sanction for his behavior. charge had been formally presented priate. PARLIAMENTARY INQUIRY against you, where the charges of per- The American people also believe Mr. SENSENBRENNER. Mr. Speak- jury against you were finally presented censure is appropriate. Let me agree er, I have a parliamentary inquiry. at the 11th hour and failed the test of with those who say that simply be- The SPEAKER pro tempore (Mr. decency which statements were alleg- cause a large number of the voters be- LAHOOD). The gentleman will state his edly perjurious. Surely no Member of lieve something, we are not obligated parliamentary inquiry. this House would want to be judged by to vote for it. I welcome this assertion Mr. SENSENBRENNER. How much that process. We should not judge this that we have an obligation not always time was charged to the gentleman President by that process. to follow public opinion. from Michigan (Mr. CONYERS) for the Mr. FRANK of Massachusetts. Mr. But while we have the right not to speech of the gentleman from Missouri Speaker, I yield 2 minutes to the gen- vote for something just because there (Mr. GEPHARDT)? tlewoman from Connecticut (Ms. is overwhelming public support, in a The SPEAKER pro tempore. The DELAURO). democracy, we have no right not to Chair will say this, because other Mem- Ms. DELAURO. Mr. Speaker, I rise vote on it. We have a right to stand up bers have inquired about this. The today to oppose these articles of im- honestly and say, I disagree with cen- Chair has in the past had a standing peachment. I oppose this action with sure. Members have no right to hide be- policy during important debates to every fiber of my body because it is an hind a partisan leadership and not take allow for the highest ranking party- affront to our Constitution and our de- a position. elected Members of the House, the mocracy. The public has a right, on this over- Speaker, the majority leader, the mi- In my short tenure in the House of whelmingly important issue, to have nority leader, and the minority whip, Representatives, I can recall no other the preferred option that the public additional time during the time they action that has so jeopardized the his- supports voted on. That is the abdica- are making important statements. toric obligations that we are sworn to tion of democracy. It is not that Mem- The answer to the gentleman’s ques- uphold. For me, this is no longer about bers have to support what the public tion is that while the gentleman from the President’s actions. They were re- wants, but Members cannot hide from Missouri (Mr. GEPHARDT) took 12 min- pugnant, embarrassing and immoral. it in a democracy. utes to make his remarks, the Chair But this is not a constitutional forum Why will Members not take a posi- extended the time to him as a cour- for judging such behavior and exacting tion on censure? If they have the votes tesy, as has traditonally been done on punishment. The President’s family, to defeat it, they should not use par- both sides of the aisle. the American people and maybe even tisan pressure and threats to keep it the courts may eventually speak to his b from being voted on. Do not deny to 1045 errors. the American public a recorded vote on Mr. CONYERS. Mr. Speaker, I yield 2 We might have given voice to our their notion of what ought to be done, minutes to the gentleman from Texas views in the form of a censure resolu- particularly since Members’ own be- (Mr. EDWARDS). tion, but this House leadership chose havior in the case of Caspar Wein- Mr. EDWARDS. Mr. Speaker, the not to allow any but the most draco- berger, in the case of the gentleman hindsight of history will be harsh on nian actions, impeachment. It is wrong December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11781 and it is unfair. It denies the American ings in their case, a document laid be- ling evidence that this occurred. And people their right to representative de- fore the President to be attested to specifically when his attorney brought mocracy. under oath to answer certain ques- up the false affidavit of Monica We have the constitutional authority tions. The President faced his moment Lewinsky and said that the sexual rela- to remove a President only when he or of truth right there and then, the first tionship term referred to meant that she crosses the line into treason, brib- item in the legal proceedings that have there was no sex of any kind, in any ery and high crimes against the Con- become the hallmark of these proceed- manner, shape or form, the President stitution. Benjamin Franklin spoke of ings, and there under oath testified sat silently, knowing that this false af- impeachment as an alternative to as- falsely. fidavit was being put into this sexual sassination. Today this body is con- At that moment, he began the chain harassment lawsuit. He said that he templating a constitutional assassina- of events that led a month later to his was not paying attention. tion, driven by a naked partisanship, appearance before the deposition law- The SPEAKER pro tempore. The almost without lawful and civil yers and judge and, further down the Chair announces that the gentleman bounds. The Republican majority is line, to the grand jury in August of from Wisconsin (Mr. SENSENBRENNER), moving to impeach an elected Presi- that year. But here is the important on behalf of the gentleman from Illi- dent of the United States. Thwarting difference that Members must take nois (Mr. HYDE), has 5 minutes remain- the public’s will, they do so even as the into account as they evaluate the evi- ing, and the gentleman from Michigan President commands our troops in bat- dence. (Mr. CONYERS) has 11 minutes remain- tle against Iraq and even as he seeks to The evidence is that when he signed ing. perform his constitutional responsibil- these interrogatories, this first mo- Mr. CONYERS. Mr. Speaker, I yield 2 ity with the support of the overwhelm- ment of truth to which I allude, there minutes to the distinguished gen- ing majority of the American people. was no parsing of definitions. There tleman from Virginia (Mr. BOUCHER), a This debate amidst those bombs more was no argument among the lawyers member of the Committee on the Judi- than anything else symbolizes the about meanings and definitions. There ciary. madness that has inflamed the partisan was no judge interpolating the opinion Mr. BOUCHER. Mr. Speaker, I thank fires on the other side of the aisle. of the court into the argument of the the gentleman from Michigan for yield- This is a moment for boundaries and lawyers. There was no parsing or mix- ing me the time. In its 1974 Watergate inquiry, the not license. This is a moment to allow ing or evasion of types of definitions House Committee on the Judiciary history to have its sway. This is a mo- and words. This was a straight inter- conducted an exhaustive examination ment to allow Madison, Jefferson, rogatory to which the President of the of the constitutional history of the im- Franklin and Washington to be heard United States added perjurious and peachment power. Then on a broad bi- in this Chamber above the partisan din. false answers. partisan basis, the committee adopted If that spirit were to prevail, I have no In a single moment in the Oval Office a report which eloquently states the or wherever he executed this set of in- doubt that the provocateurs would be constitutional standard for use by the terrogatories, he began the long chain stilled and our Constitution preserved. House of Representatives of its im- of falsehoods that have led us to our The American people, not the politi- peachment power. cians, would have the final say, as the moment of truth here today. In the committee’s words, only that Founders intended. We must exercise that conscience to presidential misconduct which is seri- Mr. SENSENBRENNER. Mr. Speak- which all the Members have alluded ously incompatible with either the con- er, I yield 5 minutes to the gentleman and recognize that when the President stitutional form and principles of our from Pennsylvania (Mr. GEKAS), a faced this moment of truth in count- government or the proper performance member of the Committee on the Judi- less occasions, each time he swept it of the constitutional duties of the of- ciary. away and caused himself the difficulty fice of the presidency will justify im- (Mr. GEKAS asked and was given that he brings to our Chamber here peachment. permission to revise and extend his re- today. The facts now before the House, marks.) Mr. Speaker, I yield to the gentleman which arise from a personal relation- Mr. SENSENBRENNER. Mr. Speak- from Tennessee (Mr. BRYANT). ship and the efforts to conceal it, sim- er, will the gentleman yield? (Mr. BRYANT asked and was given ply do not meet that standard. While Mr. GEKAS. I yield to the gentleman permission to revise and extend his re- the President’s conduct was reprehen- from Wisconsin. marks.) sible, it did not threaten the Nation. It Mr. SENSENBRENNER. Mr. Speak- Mr. BRYANT. Mr. Speaker, I might did not undermine the constitutional er, there are some Members in this add that I want to again honor the form and principles of our government. Chamber that seem to have forgotten Constitution by what we do today. I It did not disable the proper function- history. We were at war in Vietnam think we all share that. And while the ing of the constitutional duties of the when the hearings on the impeachment polls seem to show one thing, they also presidential office. These facts simply of President Nixon occurred. That was seem to show that many people would do not meet the standard. because of the serious offenses that like this President to resign, in fact a To misuse of impeachment power in were alleged against President Nixon. majority of the people polled. But we this case, as some are now prepared to Today we are proceeding because of the cannot govern this country by polls. do, will create a national horror. The serious offenses alleged against Presi- We have to be responsible today. It is divisions on this subject which now dent Clinton. not our job to create or invent solu- exist within our society will harden I thank the gentleman. tions beyond the authority of this and deepen. A rift and a divide will Mr. GEKAS. Mr. Speaker, a loud la- House. We must match our power with occur. There will be a polarization. The ment has been heard about some depri- the authority that the Constitution President and the Congress will be di- vation of the right to vote one’s con- gives us. verted from their urgent national busi- science. But that is exactly why we are In light of that, I want to speak ness while prolonged proceedings take here today. All of us in the ultimate briefly and add on to what the gen- place in the Senate. must vote the ultimate sense of con- tleman from Pennsylvania (Mr. GEKAS) There will be a lowering of the stand- science. That is what this process is all has said about Article II of the im- ard for future impeachments with an about. We are facing indeed our mo- peachment articles. It is clear there is inherent weakening of the presidential ment of truth. compelling testimony that in addition office. There will probably be instabil- Now, the moment of truth for the to the interrogatories that were an- ity in the financial markets with ad- President of the United States first swered under oath by this President, verse effects for the economy. faced him in December of 1997. It faced falsely, there was also testimony given These harms are unnecessary. The him in the nature of a legal document, that was false in the deposition that President’s conduct was deplorable, but legal in interrogatories that were for- was taken after those interrogatories. it was not impeachable. warded to him in pursuit by the Paula On numerous occasions the President The House today should censure the Jones attorneys of discovery proceed- lied under oath, and there is compel- President for bringing dishonor on the H11782 CONGRESSIONAL RECORD — HOUSE December 18, 1998 presidential office. That path will dence that President Nixon was criminally lia- height or sink to the depths of an im- bring closure and a restoration of na- ble for tax fraud. However, the Committee, peachment offense. I know it, my col- tional dignity. with a Democratic majority, voted 26±12 not to leagues know it and, most importantly, Mr. CONYERS. Mr. Speaker, I yield 2 impeach President Nixon for tax fraud be- the American people know it. minutes to the gentleman from Mis- cause it did not involve official conduct or Will we write a chapter or be con- souri (Mr. SKELTON). abuse of Presidential powers. Rather, the signed to a footnote. The spirit of his- Mr. SKELTON. Mr. Speaker, our Committee limited its impeachment articles to tory is upon us. Let us do what is right, friend from Illinois spoke reverently of those actions by President Nixon which af- let us do what is just and love mercy. Bunker Hill and Arlington Cemetery. fected our rights, our liberties, and our privi- The SPEAKER pro tempore (Mr. We find ourselves in a debate to im- leges, and which if permitted to go on would LAHOOD). The gentleman from Michi- peach a Commander in Chief of the suc- have seriously harmed our Constitutional sys- gan (Mr. CONYERS) has 4 minutes re- cessors to those brave patriots of tem. maining. The gentleman from Wiscon- Bunker Hill and all who served since Mr. CONYERS. Mr. Speaker, I am sin (Mr. SENSENBRENNER) has 5 minutes then. Today we should have our men pleased to yield 3 minutes to the gen- remaining and has the right to close. and our women who stand in harm’s tleman from Georgia (Mr. LEWIS), one Mr. CONYERS. Mr. Speaker, I am way in the Persian Gulf in our of our leadership members. pleased to yield 2 minutes to the dis- thoughts and in our prayers rather Mr. LEWIS of Georgia. Mr. Speaker, tinguished gentleman from Virginia than trying to politically decapitate I come before you to speak for the prin- (Mr. SCOTT), a member of the Commit- their Commander in Chief. ciple of democracy, the doctrine of tee on the Judiciary. fairness, and the spirit of forgiveness. Mr. SCOTT. Mr. Speaker, impeach- b 1100 America is sick. Her heart is heavy. ment is in the Constitution to protect What is a few days? Why the rush to Her soul is aching. And her spirit is our Nation from a president who is sub- judgment? Our being here reflects a low. Today our Nation stands at a verting our constitutional form of gov- lack of respect for all in uniform as crossroads, at the intersection of ernment. Our authority to impeach is well as their families. If there were participatory democracy and the poli- limited in the Constitution to findings such an attempt by my party to re- tics of personal destruction. of treason, bribery, or other high move President Bush during the Per- Today, my colleagues, we must crimes or misdemeanors. sian Gulf conflict, I would have op- choose, as Dr. Martin Luther King, Jr., We know, from our hearings, that posed it with all of my being. wrote, between community and chaos. treason, bribery, or other high crimes We must look at the proceeding We must choose the course of partisan or misdemeanors does not cover all today and seek the guidance of our destruction or national reconciliation. felonies. In fact, it does not even cover Constitution. We must do so without We will, in our lifetime, never cast a a half-million-dollar income tax fraud. more important vote. The spirit of his- emotion, for the more emotion, the less That is the rule of law. We cannot act tory is upon us and the future of the re- reason. unless there is treason, bribery, or The framers of the United States public before us. Our obligation as citizens of the state similar offenses. And so, that is why Constitution knew that in an extreme historians and constitutional scholars case there will be a need to remove or are as old as human history and as fresh as the morning dew, to right have said that these allegations, even overturn a popular election. They also if they were true, do not constitute im- knew that they must not make im- wrong, do justice and love mercy. Our Constitution, that sacred document, is peachable offenses; and that is why one peachment easy or routine. To main- historian warned that history will hunt tain separation of powers, they set the a covenant, a contract between the Government and those who are gov- down those who knowingly violate the bar of impeachment high and limited erned. Constitution when they vote for im- the grounds to impeachment. Initially, We must not, we cannot ignore the peachment. the framers made the great crimes of will of the people. Almost 50 million That would be the case even if the al- treason and bribery the only offenses people elected Bill Clinton as our legations were true. But support of the worthy of impeachment. Later, at the President in spite of his problems, his new, low standard for impeachment Constitutional Convention, the stand- shortcomings and his failings. They, comes by way of contradictory, double ard was broadened to include ‘‘other the people, elected Bill Clinton Presi- hearsay, and dubious inferences, with- high crimes and misdemeanors.’’ dent of the United States and they out a single witness. I studied the phrase carefully. The want him to remain the President of In Watergate and every other prior word ‘‘other’’ is important because I the United States. impeachment, we heard witnesses. In believe it is crucial to our delibera- And yet some, some even in this this case, the accused has not even had tions on impeachment. I have con- Chamber, have never accepted the ver- an opportunity to cross-examine wit- cluded that the correct legal interpre- dict of the people. They have never ac- nesses. In fact, the accused has never tation and the intent of the framers of cepted Bill Clinton as their President. been told the specifics of the charges that document is that the general Instead they embarked on a crusade of against him. There is a reason why the phrase ‘‘other high crimes and mis- personal destruction. specifics are not mentioned and that is demeanors’’ must be limited to the Our Constitution was never intended because the so-called perjurious state- kinds of class or things within the spe- to be used as a hammer to destroy our ments constitute such immaterial mi- cific words ‘‘treason’’ and ‘‘bribery.’’ political enemies. Some of our col- nutiae that the supporters of impeach- As members of the House of Representa- leagues have been too quick to pick up ment resort to titles of offenses such as tives, it is our duty to measure the President's the hammer of impeachment and swing perjury, without stating what the per- actions against this high Constitutional stand- it with reckless abandon. So bent are jurious statements are. ard, without regard to political party or partisan they on the destruction of this Presi- Mr. Speaker, it is an outrage that we influence. We should not establish a new Con- dent that they would knock down the would attempt to overturn a national stitutional standard which lowers the threshold very pillars which support our con- democratic election on these flimsy al- for ousting a sitting President. I have con- stitutional system. legations on the very day that our cluded that even if we concede that all of the What President Clinton did was young men and women are risking allegations in the Judiciary Report are true, wrong. About that there can be no mis- their lives to protect our democratic President Clinton's actions do not constitute take. There is no disagreement, no de- form of government. impeachable offenses under the Constitution. bate. But how, how, my colleagues, Mr. CONYERS. Mr. Speaker, I yield There is just no evidence that permitting him should we respond? How we respond, myself the balance of the time. to stay on would cause great or serious harm how we act says as much about us and The SPEAKER pro tempore. The gen- to our system of government. our character as it does about his. Let tleman from Michigan (Mr. CONYERS) is The impeachment proceedings which took he that has no sin cast the first stone. recognized for 2 minutes. place in 1974 can provide us with a useful Who among us has not sinned? Mr. CONYERS. Mr. Speaker, ladies precedent. In that investigation, the House Ju- What the President did was wrong, and gentlemen of this body, we are con- diciary Committee discovered persuasive evi- but it simply does not rise to the fronted with an overzealous and non- December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11783 independent counsel report combined If the meaning of an oath has been mini- Why discard our historic notion of the rule of with a totally politicized process in the mized at all in America, at least we can coura- law, a notion which differentiates us from committee with party line votes on geously abide by our constitutional oaths here much of the world around us, for one man? nearly every issue. And so, I want to in this Chamber today. The man in question clings to the trappings remind my colleagues that I am wit- Mr. Speaker, I wish to commend the Judici- of his powerful office, and cloaks himself in its nessing the most tragic event of my ca- ary Committee for their diligent service to the symbols and icons, but adheres to none of the reer in the Congress, in effect a Repub- House, and to the Nation, in this difficult time. principles of the men who served in it before lican coup d’etat, in process. Mr. Speaker, I intend to support the resolu- him. We are using the most powerful insti- tion impeaching President Clinton for high Why is any one man worth the sacrifice of tutional tool available to this body, crimes and misdemeanors. the office which we hold with such great es- impeachment, in a highly partisan I find the case presented by the Judiciary teem? this impeachment vote by the House manner. Impeachment was designed to Committee in its report devastating and I am and trial in the Senate is intended to protect rid this Nation of traitors and tyrants, compelled, after studying the case, to support constitutional governmentÐit is not intended not attempts to cover up extramarital these articles of impeachment. to punish the President for his crimes. affairs. This resolution trivializes our The evidence presented demonstrates the Rather, it is designed to protect the officeÐ most important tool to maintain de- President committed perjury both in a deposi- our officeÐfrom further harm by its temporary mocracy. It downgrades the impeach- tion before a Federal judge in a sexual har- occupant. ment power into a partisan weapon assment lawsuit and in grand jury testimony. I will vote to impeach President Clinton, and that can be used with future presi- I am astounded at the methodical and cal- vindicate the rule of law. dents. Perhaps, hopefully, we may culating manner in which this perjury was con- Mr. SENSENBRENNER. Mr. Speak- never ever use impeachment again ducted. The President obstructed justice and er, I yield the balance of our time to after this experience. interfered with the machinery of our judicial the gentleman from Georgia (Mr. Now, I am personally outraged that system, and he committed perjury before the BARR). we would decapitate the Commander in Congress in response to the Judiciary Com- The SPEAKER pro tempore. The gen- Chief at a time when we are at war mittee's inquiries under oath. tleman from Georgia (Mr. BARR) is rec- abroad. Republicans sacrifice the na- Mr. Speaker, the evidence is overwhelming, ognized for 5 minutes. tional security by doing so. To be it is remarkably detailed, and it is corroborated Mr. BARR of Georgia. Mr. Speaker, I spending time of this House to smear at key points. It has also not been rebutted, in thank the gentleman for yielding me our Commander in Chief when brave any meaningful way, by the President or his time. men and women are risking their lives attorneys. Members of the House, today our for their country shocks the con- The President's conduct could be consid- Constitution stands in harm’s way. The science. The failure by the Republican ered reckless for any government official or rule of law in America is under fire, the majority to allow a censure alternative chief executive officer of a corporation, but it rule of law about which our chairman, shows again the perversely partisan is truly tragicÐfor the office and the NationÐ the gentleman from Illinois (Mr. process this is. when that illegal conduct was committed by HYDE), spoke so eloquently just a few I have been a Member here for some the President of the United States. short moments ago, the rule of law time and I cannot recall a single occa- Perjury is a felony, Mr. Speaker, and it is an which finds its highest and best embod- sion when the Democrats denied the offense which demands impeachment. iment in the absolute, the unshakeable Republicans the ability to offer an al- Mr. Speaker, the rule of law, and our adher- right each one of us has to walk in a ternative on a matter as momentous as ence to the rule of law, have made us the courtroom and demand the righting of this. great Nation that we are today. a wrong. Our Nation has been pushed to the What kind of example do we set for the fu- As President John F. Kennedy so elo- edge of a constitutional cliff. We are ture if we do not impeach the chief law en- quently put it, ‘‘Americans are free to about to inflict permanent damage on forcement officer of the land, who happens to disagree with the law but not to dis- our Constitution, on our President, on be an attorney, because of this type of behav- obey it. For a government of laws and the Nation and ourselves. We should ior in office? not of men, no man however prominent not be here today. And history will not If we countenance this misconduct, what are and powerful, no mob however unruly look kindly on the partisan passions we to say to the American citizens currently or boisterous is entitled to defy a court that have brought us to this point. serving Federal prison sentences for perjury? of law. If this country should ever Mr. SENSENBRENNER. Mr. Speak- How are we to answer our children when reach the point where any man or er, is the time of the gentleman from they ask us ``If the President can lie and get group of men, by force or threat of Michigan (Mr. CONYERS) expired in this away with it, why can't I?'' force, could long defy the commands of hour? The argument has been advanced in recent our courts and our Constitution, then The SPEAKER pro tempore. The days that impeachment is disruptive to the Na- no law would stand free from doubt, no time of the gentleman from Michigan tion; it will result in chaos in the financial mar- judge would be sure of his writ, and no has expired. kets, and the economy will crumble. The work citizen would be safe from its neigh- Mr. SENSENBRENNER. Mr. Speak- of government will somehow cease. bors.’’ This, Mr. Speaker, is the fun- er, I yield such time as he may con- Mr. Speaker, this is the greatest representa- damental American right which Presi- sume to the gentleman from New York tive body in the world. The Members of this in- dent William Jefferson Clinton tried to (Mr. SOLOMON). stitution can attest, based on their close inter- deny a fellow citizen. (Mr. SOLOMON asked and was given action with their constituents, that America is How did he do it? I direct the atten- permission to revise and extend his re- strong. tion of every Member of this body to marks.) America is healthy and robust and pros- the report of the Committee on the Ju- Mr. SOLOMON. Mr. Speaker, I rise in perous in spite of the misconduct of the Presi- diciary to accompany H. Res. 611. I di- support of the impeachment resolution. dent. rect their specific attention to Article Mr. Speaker, in September when the Rules This notion of a world thrown into turmoil III, which lays out a case of obstruc- Committee brought a resolution to the floor to due to impeachment is completely false. tion of justice. Despite the fact that in provide for the appropriate handling and re- We are a resilient people, and we have en- the ears of a lay person obstruction lease of the Independent Counsel report, I dured depression and world wars in this cen- might conjure up a massive frontal as- stated that many of us hoped such a day tury and a vicious civil war in the century be- sault, in the word of law, and I know would never come in our careers in public life. fore. this as a former United States attorney These last few months have been difficult and After defeating fascism and communism in who directed the prosecution of a Re- profound for the House of Representatives, this bloody 20th century, are we to believe publican member of this body for ob- and certainly for the Nation. that we simply cannot survive without Bill Clin- structing justice before a grand jury, It is my sincere hope, despite the unfortu- ton? We should remember that we are all just obstruction of justice is much more in- nate nature of the subject matter, that we will temporary occupants of these offices. sidious, much more implied, much make the Founding Fathers proud by solemnly The Constitution was here long before we quieter, but nonetheless destructive of addressing our constitutional obligation today. were and it will be here long after. the rule of law in this country. H11784 CONGRESSIONAL RECORD — HOUSE December 18, 1998

What is obstruction and what was the Mr. MCCOLLUM. Mr. Speaker, if the tough to do. This is a tough thing to pattern of obstruction in this case? I previous question is moved, I intend to do, but it is the right thing to do, and respectfully direct the attention of vote against it so that I may be recog- I suggest we continue with this im- each Member of this body to the United nized to control under the hour rule peachment process. States Criminal Code, title 18, to those time in order to continue the debate on Mr. Speaker, the duty of the President of several provisions which set forth the House Resolution 611. the United States is to preserve, protect and principle that no man, no citizen of Mr. SENSENBRENNER. Mr. Speak- defend our Constitution. For over two hundred this land, no visitor to this land shall er, I yield 2 minutes to the gentleman years we have sent our fathers, brothers, tamper with witnesses, seek to hide from Texas (Mr. SAM JOHNSON). sons, mothers and daughters to war to do just witnesses, seek to hide evidence in a (Mr. SAM JOHNSON of Texas asked that. case, or seek to change, modify, or pre- and was given permission to revise and Many of them never returned. They gave vent testimony. extend his remarks.) their lives for a better America. They believed Yet there is in this report and in the Mr. SAM JOHNSON of Texas. Mr. that America is greater than one person, one accompanying 60,000 pages of evidence Speaker, we have heard the argument life. to which Chairman HYDE alluded, evi- that our military forces are fighting. They gave their lives to ensure that America dence of a clear pattern of obstruction Do my colleagues know what they are and our Constitution remain safe and that our of justice, in violation of title 18 of the fighting for? They are fighting to up- way of life would not perish. United States Code, by this President; hold the Constitution and the oath They knewÐwith deathÐcame honor, trust, such things as making statements to that we took and they took. loyalty and respect. They knew their death his secretary after he gave sworn testi- As my colleagues know, when the meant freedom to the millions of Americans mony in an effort, a very clear effort, President stands before God, puts his who would come after them. Many of those with no other purpose than to influ- hand on the Bible and takes an oath to who died were my friends. ence the testimony of his secretary, uphold the Constitution and lawfully I spent 29 years in the Air Force, fought in who most assuredly would have been carry out the duties of his office, he is two wars and was a prisoner of war for nearly and was called as a grand jury witness, promising to put the people and the 7 years in Vietnam. evidence such as the President calling Nation before his own interests. I be- I love this great nation. And I would defend and directing one of the most powerful lieve the President violated the laws it again because America and our ideals are attorneys in this city, Mr. Vernon Jor- and beliefs he swore to uphold instead worth dying for. dan, after it was found out that Monica of following the law, respecting Amer- When I left Vietnam there was an inscription Lewinsky would indeed be and had ican people’s values and honoring his scrawled on one of the prison walls which been subpoenaed as a witness to appear office. He chose to lie, cover up and read: ``freedom has a taste to those who before the court and directed that she evade the truth. His actions have made fought and almost died that the protected will be found a job. a mockery of the people who fought for never know.'' b 1115 this country and are fighting for this The President is the one person who must Nation today, the Constitution and the Evidence such as the President, the hold these words and actions in the highest laws we live under, and because of the Commander in Chief, as we have heard regard. President’s actions Congress must act today, picking up a telephone at 2 a.m. The President is our moral leader. His pic- as dictated by the Constitution. in the morning, not by coincidence the ture hangs in classrooms throughout America. Mr. HYDE. Mr. Speaker, will the gen- The President is our symbol of freedom. The very day that he found out that Ms. tleman yield? Lewinsky was indeed a named witness President is the Commander in Chief, the Mr. SAM JOHNSON of Texas. I yield chief law enforcement officer, and the leader and would be a witness in the court to the gentleman from Illinois. case of Paula Jones and going over of the free world. Mr. HYDE. The gentleman has some When the President stands before God, with her to reaffirm in her mind the familiarity with our military service. stories, the cover stories, that they in- puts his hand on the Bible and takes an oath Did he serve in the Vietnam War? to uphold the Constitution and lawfully carry deed had agreed to if just this calamity Mr. SAM JOHNSON of Texas. Yes, out the duties of his officeÐhe is promising to would befall them. sir, and the Korean one, if we want to put the people and the Nation before his own These, I submit to every Member of call it. interests. this House, are obstruction. They are Mr. HYDE. And the Korean War. indeed a frontal assault on our Con- How much time did the gentleman I believe this President violated the laws stitution. spend in the prison camp in Hanoi or in and the beliefs he swore to uphold. Instead of We have here today in Article III Vietnam? following the law, respecting the American alone three legs of a stool, if I could Mr. SAM JOHNSON of Texas. Nearly people's values and honoring his office, he borrow an analogy from the chairman 7 years, sir. chose to lie, cover up and evade the truth. of the Committee on the Judiciary. We Mr. HYDE. Seven years in a POW His actions have made a mockery of the have the Constitution, we have the camp? people who fought for this country, the Con- United States Criminal Code as vio- Mr. SAM JOHNSON of Texas. Yes, stitution and the laws we live under. lated by this President, and we have sir. It is clear from the evidence that this Presi- the evidence. They support a vote for Mr. HYDE. In solitary? dent committed perjury. Article III of impeachment of William Mr. SAM JOHNSON of Texas. Yes, It is clear from the evidence that this Presi- Jefferson Clinton for obstructing jus- sir; 3 years of that. dent obstructed justice. tice in America. Mr. HYDE. Well, I think the gen- It is clear from the evidence that this Presi- The SPEAKER pro tempore. All time tleman from Texas is qualified to talk dent abused the power of his office. has expired. about military service. He systematically used his office and staff Mr. SENSENBRENNER. Mr. Speak- Mr. SAM JOHNSON of Texas. Well, I to protect his own personal interests. Instead er, I rise to be recognized under the want to tell my colleagues that our of truth and forgiveness he hid behind legal- hour rule. military fighting men want the Con- istic jargon. The SPEAKER pro tempore. The gress to carry on their constitutional And now, because of the President's ac- Chair recognizes the gentleman from responsibility every day. That is why tions, Congress must act as dictated by the Wisconsin (Mr. SENSENBRENNER). we are here. Constitution. Mr. SENSENBRENNER. Mr. Speak- As my colleagues know, maybe we We cannot sacrifice what is right to do what er, for purposes of debate only, I yield ought to be debating right after this is easy. the customary one-half hour to the issue how we support our military and During those awful years as a prisoner of gentleman from Michigan (Mr. CON- give them more arms and more people war in Vietnam, there were many times that I YERS). All time yielded is for the pur- to make sure they can win that battle. and my fellow prisoners could have taken the pose of debate only. We cannot sacrifice what is right to do, ``easy'' way out. Mr. Speaker, I yield 15 seconds to the what is easy. We could have told the enemy our military gentleman from Florida (Mr. MCCOL- As my colleagues know, when I was a secrets, or we could have betrayed one an- LUM). POW, we did some things that were other. That would have been the ``easiest'' December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11785 thing to do to stop the daily torture we en- What began 25 years ago with Water- those two committees, I have the dured. If we had just given up a few military gate as a solemn and necessary process greatest respect for what they try to do secrets or betrayed a fellow soldier, we could to force a President to adhere to the to bolster our military and our men have avoided starvation, been released much rule of law has grown beyond our con- and women. And my colleagues, some earlier, and not missed all those years of our trol so that now we are routinely using of them say, ‘‘Why not wait? Why can’t lives with our families and children. But we criminal accusations and scandal to we wait just a few days?’’ never did. Even through all the daily torture, win the political battles and ideologi- The President of the United States beatings and starvation, we never once con- cal differences we cannot settle at the last night deployed ground troops to sidered taking the ``easy'' way out. and now ballot box. It has been used with reck- Iraq. Just imagine, just imagine what we must endure these hardships, uphold our less abandon by both parties, Demo- would happen if Saddam Hussein goes Constitution and protect America. crats and Republicans, and we are now into Kuwait again, and the turmoil and When we, in Congress, raised our right at a point where we risk, deeply risk, the loss of lives, and think about how hands and took our oaths of office, we prom- wounding the Nation we all love. difficult it would be to bring up a reso- ised to make the difficult decisions. We cannot disagree, it seems; we can- lution like this if we waited. We have come to the end of a very long not forcefully advocate for our posi- There has been talk about Ramadan. and winding road. Long and windingÐnot be- tions, without trying to criminalize or Well, there is another religious holi- cause of anything Congress has done, but at least dishonor our adversaries over day: Christmas. Think about how hard rather because President Clinton has walked matters having nothing to do with pub- it would be to bring up this resolution. us down it by his own actions. lic trust. And it is hurting our country, If this goes beyond January 6 into a The President has diminished his office in it is marginalizing and polarizing this next Congress, then we have a con- the eyes of the Nation, and more dangerously, Congress. stitutional problem. And the public, in the eyes of the world. I want to be clear. I am not pointing they want this over. I agree they want The President is the chief law enforcement fingers at Republicans. The Democrats it over, and that is why we are proceed- official of this country. If you lose respect for investigated John Tower for allega- ing on, to get it over. We would have to him, you lose respect for the law. tions not too dissimilar from allega- start this process all over again. The I would just say, again, to the American tions against the President. The gen- public does not want that I say to the people, that this is not a choice about doing tleman from Georgia (Mr. GINGRICH) gentleman from Illinois (Mr. HYDE) or what is easy. This is a choice between what led the investigation which brought the gentleman from Michigan (Mr. is right and what is wrong under our Constitu- down Speaker Wright, and Speaker CONYERS); they want it done. tion and the rule of law. GINGRICH was investigated and brought As a matter of fact, talk about polls; Let's be clear: the President lied to us. He down as well. The ledger between the in the Washington Post poll they pointed his finger at us, looked us in the eye two parties is pretty much even. talked about if this article goes and lied to us, over and over again. Today we are upping the ante. The through, almost 60 percent of the We must make a stand and sayÐwe are a President could be removed from office American people would ask the Presi- nation of laws and no one is above the law. over a matter that most Americans dent to resign. It is not for the Presi- So, I will vote to impeach the President. The feel does not come close to the level of dent. It is because they do not want Constitution demands it and the country de- high crimes and misdemeanors as writ- this thing to go on, and we are going to serves no less. ten in our Constitution. I expect his- do that. Thank you, Mr. Speaker. tory will show that we have lowered Mr. CONYERS. Mr. Speaker, I yield Mr. Speaker, I have a tape here. I the bar on impeachment so much we would love to play it for the gentleman 31⁄2 minutes to the gentleman from New have broken the seal on this extreme from Michigan (Mr. CONYERS) some- York (Mr. SCHUMER), a distinguished penalty so cavalierly that it will be time. It is 18 SAMs (surface-to-air mis- member of the Committee on the Judi- used as a routine tool to fight political ciary and Senator elect. siles), SA–2s, going off in pairs over battles. My fear is that when a Repub- Vietnam. (Mr. SCHUMER asked and was given lican wins the White House Democrats When we talk about at a time like permission to revise and extend his re- will demand payback. this, our troops are fighting. Not once marks.) Mr. Speaker, in Greek mythology, in did I ever worry about what was going Mr. SCHUMER. Mr. Speaker, these the Oresteia, a trilogy of ancient Greek on in Congress. I worried about the are my last moments as a Member of plays by Aeschylus, the warring fac- strike mission, about where the SAMs the House that I honor and that I love, tions of the House of Atreus trapped were, where the triple A (anti-aircraft but this is a bittersweet day for me be- themselves in an escalating chain of artillery) was, about getting back to cause a pall hangs over this House. Un- revenge. my carrier alive. less a miracle occurs, we will take one * * * such that Atreus serves his brother a They do not care what is going on of the most serious and rare actions pie that contained his brother's own murdered here. They want this over, too. That is that this body can assume and impeach children. It was the end of what was once a not a factor in this. Our men and the President against the overwhelm- noble family. A noble House. ing will of the American people. Voting Let us not become a House of Atreus. Let women are fighting and dying. against these articles will be my last us reject the instinct for revenge and embrace I have got a friend named Bug Roach. act. instead a greater sense of justice for the sake He was flying a 25-year-old aircraft, an Since September I have said what the of our Republic. A–4 Skyhawk. His engine quit over President did was reprehensible and That is why I leave the institution that I cher- Whiskey 291. It is a training area in the should be punished. I also argued that ish and respect with a heavy heart. I know we Pacific, west of San Diego. When he lying about an extramarital affair, are better than what we have shown. tried to eject, his seat did not work. Do even under oath, does not rise to the But I fear that the road that we are on will my colleagues have any idea what it is level of high crimes and misdemeanors lead us to ruin. It is time to get off. like to talk to his family? as spelled out in the Constitution and Mr. SENSENBRENNER. Mr. Speak- Do not cut defense any more. If my that the proper punishment is censure, er, I yield 3 minutes to the distin- colleagues want to support our troops, not impeachment. guished gentleman from California do not cut defense, with the Progres- But today, Mr. Speaker, my last day (Mr. CUNNINGHAM), who served in Viet- sive Caucus that wants to cut it an ad- in the House that I cherish, I ask my- nam and was recommended for the ditional 50 percent. Bolster our troops. self what has brought us to this day? It Medal of Honor. Mr. CONYERS. Mr. Speaker, I yield 3 would be easy for Democrats to lay the Mr. CUNNINGHAM. Mr. Speaker, I minutes to the gentleman from New blame on a narrow band of right wing had served on the Committee on Na- York (Mr. NADLER), a distinguished zealots out to destroy Bill Clinton. It tional Security in authorization. I now member of the Committee on the Judi- would be convenient for Republicans to serve on the Subcommittee on Na- ciary. lay the blame squarely at the feet of tional Security of the Committee on (Mr. NADLER asked and was given the President for his behavior. But this Appropriations, and I want to tell my permission to revise and extend his re- goes much deeper than that. colleagues, every single member on marks.) H11786 CONGRESSIONAL RECORD — HOUSE December 18, 1998 Mr. NADLER. Mr. Speaker, the but you do not have the legitimacy of formance in office. Perjury on a private mat- precedents show and the Nation’s lead- a national consensus or of a constitu- terÐperjury regarding sexÐis not a ``great ing scholars and historians overwhelm- tional imperative. This partisan coup and dangerous offense against the Nation.'' It ingly agree that impeachment is re- d’etat will go down in infamy in the is not an abuse of uniquely Presidential served under the Constitution only for history of this Nation. power. It does not threaten our form of gov- abuses of presidential power that un- Mr. Speaker, today, for only the second time ernment. It is not an impeachable offense. dermine the structure of functioning of in our nation's history, this House meets to The effect of impeachment is to overturn the government or of constitutional lib- consider articles of impeachment against a popular will of the voters as expressed in a erty. It is not intended as a punish- President of the United States. This is a mo- national election. We must not overturn an ment for crimes but as a protection mentous occasion, and I would hope that, de- election and remove a President from office against the President who would abuse spite the sharp partisan tone which has except to defend our very system of govern- his powers to make himself a tyrant. marked this debate, we can approach it with ment on our constitutional liberties against a That is why Benjamin Franklin called a sober sense of the historic importance of dire threat. And we must not do so without an impeachment a substitute for assas- this matter. overwhelming consensus of the American sination. I believe that we need to get back to ba- people and of their Representatives in Con- We are told that perjury is as serious sicsÐthe Constitution and what the impeach- gress on its absolute necessity. There must an offense as bribery, a per se impeach- ment power conferred on the Congress re- never be a narrowly voted impeachment, or an able offense, but bribery goes to the quires of us. Article II, section 4 of the Con- impeachment substantially supported by one heart of the President’s conduct of his stitution says that a President ``shall be re- of our major political parties and largely op- constitutional duties. It converts his moved from Office on Impeachment for, and posed by the other. Such an impeachment will loyalties and efforts from promoting Conviction of, Treason, Bribery, or other high lack legitimacy, will produce divisiveness and the welfare of the Republic to promot- Crimes and Misdemeanors.'' We have re- bitterness in our politics for years to come, ing some other interest. ceived testimony from some of the nation's and will call into question the legitimacy of our leading legal scholars and historians who political institutions. The American people b 1130 agree that impeachable offenses are those have heard all the allegations against the Perjury is a serious crime and, if which are abuses of Presidential power that President and they overwhelmingly oppose im- provable, should be prosecuted in a undermine the structure or functioning of gov- peaching him. The people elected President court of law. But it may or may not in- ernment, or constitutional liberty. Clinton. They still support him. We have no volve the President’s duties and per- Benjamin Franklin called impeachment a right to overturn the considered judgment of formance in office. Perjury on a private ``substitute for assassination.'' It is, in fact, a the American people. There are clearly some members of the Re- matter, perjury regarding sex, is not a peaceful procedure for protecting the nation publican majority who have never accepted great and dangerous offense against from despots by providing a constitutional the results of the 1992 or 1996 elections, and the Nation. It is not an abuse of means for removing a President who would who apparently have chosen to ignore the uniquely presidential power. It does misuse his presidential power to make himself message of last month's election, but in a de- not threaten our form of government. a tyrant or otherwise undermine our constitu- mocracy, it is the people who rule, not political It is not an impeachable offense. tional form of government. To impeach a elitesÐand not members of political elites who The effect of impeachment is to over- President, it must be that serious. were repudiated at the last election. Some turn the popular will of the voters. We The history of the language is also clear. At members of the House may think the people must not overturn an election and re- the Constitutional Convention, the Committee have chosen badly, but it is the people's move a President from office except to on Style, which was not authorized to make choice and we must respect it absent a threat defend our system of government or any substantive changes, dropped the words to our democracy that would justify overturning our constitutional liberties against a ``against the United States'' after the words the repeated expression of their will at the bal- dire threat, and we must not do so ``high crimes and misdemeanors'' because it lot box. Members of Congress have no right to without an overwhelming consensus of was understood that only high crimes and mis- arrogate to themselves the power to nullify an the American people. demeanors against the system of government There must never be a narrowly election absent that compelling case. would be impeachableÐthat the words the Judiciary Committee also received testi- voted impeachment or an impeachment ``against the United States'' were redundant mony from some outstanding former prosecu- supported by one of our major political and unnecessary. tors, including the former Republican Governor parties and opposed by another. Such History and the precedents alike show that of Massachusetts, William Weld, who headed an impeachment will produce divisive- impeachment is not a punishment for crimes, up the Criminal Division of Ronald Reagan's ness and bitterness in our politics for but a means to protect the constitutional sys- Justice Department, who compellingly ex- years to come, and will call into ques- tem, and it was certainly not meant to be a plained why all the loose talk about perjury tion the very legitimacy of our politi- means to punish a President for personal and obstruction of justice would not hold up in cal institutions. wrongdoing not related to his office. Some of a real prosecutor's officeÐthat the evidence The American people have heard the our Republican colleagues have made much we have been given would never support a allegations against the President, and of the fact that some of the Democrats on this criminal prosecution in a real court of law. they overwhelmingly oppose impeach- Committee in 1974 voted in favor of an article For those who demand that the President ing him. They elected President Clin- of impeachment relating to President Nixon's prove his innocence, without his accusers hav- ton, they still support him. We have no alleged perjury on his tax returns, but the plain ing to provide his guilt or even to state clearly right to overturn the considered judg- fact is that a bipartisan vote of that Commit- the charges, the Judiciary Committee received ment of the American people. teeÐsomething we have not yet had in this answers from the President's Counsel, Mr. Mr. Speaker, the case against the process on any substantive questionÐrejected Ruff, and from the Committee's Minority Coun- President has not been made. There is that article. That's the historical record, and it sel, Mr. Lowell this morning, in which they me- far from sufficient evidence to support was largely based on the belief that an im- ticulously pointed out, using Mr. Starr's own the allegations, and the allegations, peachable offense must be an abuse of Presi- work, how the charges were not supported, even if proven true, do not rise to the dential power, a ``great and dangerous offense and were indeed contradicted, by the evidence level of impeachable offenses. against the Nation,'' not perjury on a private Mr. Starr's own office had assembled. In fact, Mr. Speaker, this is clearly a par- matter. Mr. Starr has stated in his referral to Con- tisan railroad job. The same people We are told that perjury is as serious an of- gress, that his own ``star witness'' is not credi- who today tell us we must impeach the fense as bribery, a per se impeachable of- ble, except when her uncorroborated testi- President for lying under oath, almost fense. But bribery goes to the heart of the mony conflicts with the President's, and then to a person voted last year to reelect President's conduct of his constitutional du- it proves his perjury. the Speaker who had just admitted tiesÐit converts his loyalties and efforts from We have received sanctimonious lectures lying to Congress in an official pro- promoting the welfare of the Republic to pro- from the other side about the `'rule of law,'' but ceeding. moting some other interest. Perjury is a seri- the law does not permit perjury to be proved The American people are watching, ous crimeÐand, if provable, should be pros- by the uncorroborated testimony of one wit- and they will not forget. You may have ecuted in a court of law. But it may, or may ness. Nor does the law recognize as corrobo- the votes, you may have the muscle, not, involve the President's duties and per- ration the fact that the witness made the same December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11787 statement to several different people. You may won't forget. You may have the votes, you case, the allegations were far from con- choose to believe that the President was dis- may have the muscle, but you lack the legit- sensual. They were rude and crude. He ingenuous, that he was not particularly helpful imacy of a national consensus and the Con- was put under oath, he was asked ques- to Paula Jones' lawyers when they asked him stitution. This partisan coup d'etat will go down tions with a Federal judge sitting in intentionally vague questions, or that he is a in the history of this nation in infamy. front of him, and the injured party was bum, but that does not make him guilty of per- Mr. SENSENBRENNER. Mr. Speak- Paula Jones, because he chose to lie in jury. er, I yield six minutes to the gen- a sexual harassment suit. That is non- This House is not a grand jury. To impeach tleman from South Carolina (Mr. consensual sex, the topic. He chose to the President would subject the country to the GRAHAM). deny a citizen their fair day in court. trauma of a trial in the Senate. It would para- Mr. GRAHAM. Mr. Speaker, a com- The President turned the justice sys- lyze the government for many months while ment and a perspective from my point tem upside down on many occasions for the problems of Social Security, Medicare, a of view. Thus far the debate in this his personal gain, and that is why we deteriorating world economy, and all our for- House I believe has brought honor to are here today. eign concerns festered without proper atten- the House and is serving the American Article III, the President of the tion. We cannot simply punt the duty to judge people well. Some of the rhetoric I dis- United States, while being in a litiga- the facts to the Senate if we find mere ``prob- agree with, but that is what a debate is tion matter against an average, every- able cause'' that an impeachable offense may all about. I choose now to not use rhet- day citizen, chose to go to witnesses have been committed. To do so would be a oric, but to talk about the facts. and try to get them to lie and provide derogation of our constitutional duty. The pro- I will talk to you about Article IV, false testimony, chose to go and plant ponents of impeachment have provided no di- abuse of power, and the offenses stories about witnesses that were false, rect evidence of impeachable offenses. They against this institution, the Congress, that were malicious. The President of rely solely on the findings of an ``independent'' by the President of the United States. the United States tried to cheat a liti- counsel who has repeatedly mischaracterized It is the one article that is very similar gant out of a fair day and trial. Let it evidence, failed to include exculpatory evi- to the Watergate impeachment of be said that at anytime, anywhere, re- dence, and consistently misstated the law. We President Nixon. Article IV is very gardless of party, in the future if you must not be a rubber stamp for Kenneth Starr. similar to Article III in the Nixon case, do that as president, you are subject to We have been entrusted with this grave and and I will talk about that just in a mo- being impeached. dangerous duty by the American people, by ment, but first a quick summary from Article IV, who is the injured party? the Constitution and by history. We must exer- my perspective of what brought us We are the injured party. Here is what cise that duty responsibly. At a bare minimum, here. happened in Article IV. This House by that means the President's accusers must go What brought us here is not partisan- House Resolution 581, 360 votes, I be- beyond hearsay and innuendo, and beyond ship, but the conduct of one man who lieve, authorized the Committee on the demands that the President prove his inno- happened to be the President, who hap- Judiciary to inquire into the allega- cence of vague and changing charges. They pened to be elected by the people and tions against the President. Mr. Speak- must provide clear and convincing evidence of given the most solemn responsibility in er, we can that. specific impeachable conduct. This they have the Nation, to be the chief law enforce- Part of that inquiry, what we chose failed to do. ment officer of the land, and he failed to do was submit questions to the If you believe the President's admission to miserably in that responsibility and he President to flesh out the facts. the grand jury and to the nation of an inappro- deserves to be impeached based on Eighty-one questions were sent to flesh priate sexual relationship with Ms. Lewinsky, what he did, not what I think about out the facts in this case by Chairman and his apologies to the nation, were not ab- him, not how I voted, but what he did. Hyde, and the President was asked ject enough, that is not a reason for impeach- Article I, grand jury perjury. Mr. under oath to give answers to those ment. Contrition is a remedy for sin, and is Speaker, remember the context in questions as part of our inquiry. certainly appropriate here. But while insuffi- which the perjury occurred. The Presi- Mr. Speaker, unfortunately, the ciency of contrition may leave the soul still dent several months before had given President lied in January to injure scarred, unexpiated sin proves no crimes and false testimony in a deposition. The Paula Jones, he lied to the Federal justifies no impeachment. President was begged by members of grand jury to injure the Federal court Some say that if we do not impeach the both parties in the House and Senate, system in this case, and I think the President, we treat him as if he is above the ‘‘Mr. President, do not go into the facts are overwhelming that he gave law. grand jury and lie again. Do not give false, misleading and perjurious testi- Is the President above the law? Certainly false or misleading or perjurious testi- mony to the Congress as part of our in- not. He is subject to the criminal lawÐto in- mony again, because you put your quiry. dictment and prosecution when he leaves of- presidency at stake; you do a disservice Let me tell you how that is similar fice like any other citizen, whether or not he is to this country.’’ to the Nixon case. Article III of im- impeached. And if the Republican leadership Unfortunately, Mr. Speaker, based on peachment against Richard Nixon, the allows a vote, he would likely be the third the facts, not based on my feelings, article was based on the idea that President in U.S. history, and the first since based on overwhelming facts, the Richard Nixon as president failed to 1848, to be censured by the Congress President of the United States chose in comply with subpoenas of Congress. But impeachment is intended as a remedy August, months after being warned not Congress was going through its over- to protect the nation, not as a punishment for to do it, he chose to lie to a Federal sight function to provide oversight of a President. grand jury. He abused the 23 citizens the President. When asked for informa- The case is not thereÐthere is far from suf- who were trying very hard to get it tion, Richard Nixon chose not to com- ficient evidence to support the allegations, and right. He abused the Federal court sys- ply, and the Congress back in that time the allegations, even if proven, do not rise to tem. It was his fault, and no one else’s. said, ‘‘You are taking impeachment the level of impeachable offenses. We should Mr. Speaker, any President of the away from us. You are becoming the not dignify these articles of impeachment by United States, regardless of party, that judge and jury. It is not your job to tell sending them to the Senate. To do so would goes to a Federal grand jury in the fu- us what we need; it is your job to com- be an affront to the Constitution and would ture, let it be said by as many Members ply with the things we need to provide consign this House to the condemnation of of the House that can say it, you are oversight over you.’’ history for generations to come. subject to being impeached if you do The day Richard Nixon failed to an- Mr. Speaker, this is clearly a partisan rail- that. swer that subpoena is the day that he road job, the same people who today tell us Article II, who is the injured party? was subject to impeachment, because we must impeach the President for lying under Consensual sex, this is colored by sex, he took the power from Congress over oath, almost to a person, voted last year to re- but there is a moment in time, Mr. the impeachment process away from elect a Speaker who had just admitted lying to Speaker, where the allegations about Congress and he became the judge and Congress in an official proceeding about sex were anything but consensual. jury; and the day that William Jeffer- abuse of the Tax Laws for particular purposes. The day the President gave deposi- son Clinton failed to provide truthful The American people are watching, and they tion testimony in the Paula Jones testimony to the Congress of the H11788 CONGRESSIONAL RECORD — HOUSE December 18, 1998 United States is the day that he chose of the United States, and that dif- gress to censure the President. Im- to determine the course of impeach- ference is he is a Democrat. He is a peachment is the only power in the ment. He usurped our power, he abused Democrat, and so we are going to go Constitution granted to Congress to his authority, he gave false informa- after him. address presidential misconduct and tion. That, to me, Mr. Speaker, is the I feel bad for this institution today, dereliction in his executive duties. same as giving no information at all. because I think it is acting unfairly. I The Founding Fathers set high Actually, I think it is worse. trust that every member there is vot- standards for impeachment, and by So I believe these articles will stand ing his or her conscience. I will give also providing that conviction requires the test of time, they will stand a fac- you that, because I trust the con- a two-thirds vote in the Senate to re- tual scrutiny that has to be done, and science of this institution. move the President from office, the en- the only way to avoid impeachment is But what is happening today is the sured impeachment would not become to leave your common sense at the conscience of this institution is being a method for Congress to harass execu- door, defy the way the world works and strangled. It is being strangled for the tive or judicial officials. ignore the facts and talk about some- cause of raw partisan politics. A censure resolution would fly in the thing else. Every person here today knows that face of the separation of powers doc- We are the victim of Article IV. If the American people believe the Presi- trine. Congress cannot make it up as you believe he committed grand jury dent should be held accountable. Every we go along. Constitutional scholar perjury, I think it would be incumbent person here today knows that the ap- Gary McDowell stated, ‘‘Impeachment upon you to find him guilty of Article propriate remedy lies within this insti- is the only power granted by the Con- IV, because the underlying conduct tution. stitution to Congress to deal with er- that led to perjury in the grand jury We can do it. We disagree, and there rant executives. Had the founders in- was reasserted in the 81 questions, and is an honest disagreement as to wheth- tended some other means of punish- he gave the same false, misleading, un- er impeachment is the appropriate ment to be available to your branch believable answers. William Jefferson remedy or censure is the appropriate they would have said so, as Chief Jus- Clinton’s impeachment is based on remedy, but it is the ultimate unfair- tice Marshall once said, ‘in plain and what he did, and no one else. ness to deny Members on this side of intelligible language.’ That they did Mr. CONYERS. Mr. Speaker, I am the aisle and Members on that side of not do so should be your only guide in pleased to yield three minutes to the the aisle the right to vote their con- this grave and sensitive matter.’’ gentleman from Wisconsin (Mr. BAR- science for censure. RETT), perhaps our newest member on If we believe in the conscience of this b 1145 the Committee on the Judiciary. institution, let us let the conscience of Mr. BARRETT of Wisconsin. Mr. the institution display itself. The temptation to do anything pos- Speaker, I thank the gentleman for Mr. SENSENBRENNER. Mr. Speak- sible to avoid exercising the awful con- yielding. er, I yield 45 seconds to the gentleman stitutional power of impeachment is Mr. Speaker, this is a sad day. It is a from Florida (Mr. CANADY). obvious and is understandably great. sad day for our democracy. I cannot de- Mr. CANADY of Florida. Mr. Speak- But such a temptation to take the easy fend President Clinton’s actions. He er, I want to respond to the point that way out by assuming a power not failed to tell the truth and he failed to has just been made concerning the con- granted should be shunned by this cooperate. He must be held account- duct of the Speaker of the House. It is House. And should President Clinton, able. And although I cannot defend inaccurate to compare the situation in- as a result of bad advice or political President Clinton’s actions, I can and volving the Speaker of the House with pressure, agree to such unconstitu- must defend our Constitution. Our Con- a case that is now before us. It is ad- tional punishment as censure by this stitution does not allow us, no, it does mitted that the Speaker submitted in- House, that would be a breach of his not allow you, to remove a President accurate information, there is no ques- constitutional obligations and his oath from office because you cannot stand tion that that was admitted. But the of office, as great as anything else for him. Committee on Standards of Official which he has been accused of by the That is not an unfair allegation. It is Conduct did not find that the Speaker Committee on the Judiciary. The great not an unfair allegation, because the was guilty of intentionally submitting office he is privileged to hold deserves vast majority of the people voting for false information. That was a finding his protection against any ill-consid- impeachment today voted to reelect that was not made. ered censorious assault from Congress. our Speaker, even though he had sub- In the case before us, there is a criti- President Andrew Jackson, one of mitted information, false information, cal distinction. In the case before us, our distinguished Presidents who is to the Committee on Standards of Offi- there is overwhelming evidence that known as the Father of the Democrat cial Conduct of this House, the judicial the President of the United States will- Party, was censured by the Senate and branch of this House. Even though the fully, time after time after time, lied after the election the Senate then ex- Speaker had submitted false informa- under oath. It is a very, very different punged the censure. tion to the judicial branch of this case than the submission of inaccurate President Jackson’s words shed great House, the majority of people here information by the Speaker. light on our challenge today even voted to reelect him as Speaker. Mr. SENSENBRENNER. Mr. Speak- though they were penned over 150 years It is not an unfair allegation, because er, I yield 5 minutes to the gentleman ago. President Jackson wrote that the when the Secretary of Defense under from Indiana (Mr. BUYER). very idea of censure is a ‘‘subversion’’ President Bush was duly indicted by a Mr. BUYER. Mr. Speaker, I thank of the powers of government and ‘‘de- Federal grand jury for perjury and he the gentleman for yielding me time. structive of the checks and safeguards’’ was pardoned by the President of the Mr. Speaker, the gentleman from of governmental power. President United States, George Bush, the silence Wisconsin (Mr. BARRETT) brought up Jackson rightfully claimed that cen- on this side of the aisle was deafening. the issue of censure to this House, and sure was ‘‘wholly unauthorized by the There were no claims from this side of I would like to address it at this time. Constitution’’ and is a ‘‘derogation of the aisle that this was injustice. There While I appreciate the intentions of the the entire spirit.’’ were no claims that somehow our mili- supporters of censure, I, nonetheless, The framers of the Constitution pur- tary would be damaged. There were no urge Members to oppose it, because it posely avoided granting the legislature claims that somehow the pillars of de- is a fraud and assault upon the Con- power to impose nonjudicial punish- mocracy were damaged by perjury by stitution. ments. Such bills are condemned in the the Secretary of Defense. Censure is not an authorized alter- Constitution because they represent a There is one difference, and only one native to impeachment. Congress has legislative encroachment on the pow- difference, between the false allega- the express constitutional authority to ers of the judiciary. It is called a bill of tions submitted by Speaker GINGRICH censure its own Members for mis- attainder. It pronounces the guilt upon and the perjury allegations against the conduct, but there is no expressed au- a party without any forms or the safe- Secretary of Defense and the President thority in the Constitution for Con- guards of a trial. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11789 An integral part of the censure de- judicial officials. A censure resolution would fly Some Members of Congress argue that bate in the Committee on the Judici- in the face of the separation of powers doc- censoring the President is a better idea than ary was whether the purpose of the trine. Congress cannot make it up as we go. impeachment because that ``is what the Amer- censure that was offered was to punish Constitutional scholar Gary McDowell testi- ican people want.'' But I believe the American the President. In answer to my ques- fied: people want their elected officials to honor tions on the intent, one of the authors, Impeachment is the only power granted by their oath, defend the Constitution, and act Mr. BOUCHER of Virginia, stated that it the Constitution to the Congress to deal under and in accordance with the laws of their is not our purpose to have findings of with errant executives. Had the Founders in- Nation. Further, the American people want guilt, it is not our purpose to punish tended some other means of punishment to their elected representatives to take a stand the President. However, a close exam- be available to your branch they would have on matters of national importance, such as the said so, as Chief Justice Marshall once said, ination of the wording of the censure ‘‘in plain and intelligible language.’’ That integrity of our justice system, and for Mem- resolution appears that the explicit they did not do so should be your only guide bers of Congress and the Senate to exercise and the implicit purpose would be to in this grave and sensitive matter. judgment in matters of statecraft based on shame the President, to voice disdain The temptation to do anything possible to their intellect, not the emotions of the moment. for his actions, which undermine the avoid exercising the awful constitutional The facts and evidence in this case are integrity of the Office of the President, power of impeachment is obviously and un- overwhelming; the allegations are grave. Im- to reprove his dubious, if not criminal derstandably great. But such a temptation peachment is the only power granted to the acts, i.e., to punish. to take the easy way out by assuming a House to deal with the President's alleged The censure resolution offered in the power not granted should be shunned. And should President Clinton, as a result of bad criminal misconduct. Committee on the Judiciary uses such advice or political pressure, agree to such an Ms. WATERS. Mr. Speaker, I yield 3 words and phrases as, ‘‘The President unconstitutional punishment as a censure minutes to the distinguished gen- egregiously failed,’’ he ‘‘violated the (by the House), that would be a breach of his tleman from Maryland (Mr. HOYER). trust of the American people,’’ he constitutional obligations as great as any- Mr. HOYER. Mr. Speaker, today’s ‘‘lessened their esteem,’’ he ‘‘dishon- thing else of which he has been accused. The historic and tragic vote is not about ored his office,’’ he ‘‘made false state- great office he is privileged to hold deserves whether any of us condone the private ments, reprehensible conduct, wrong- his protection against any ill-considered cen- behavior of the President. It is, how- fully took steps to delay the discovery sorious assault from Congress. ever, about whether we are committed of the truth,’’ and then therefore cites President Andrew Jackson, one of our dis- to uphold the Constitution, the touch- that he ‘‘fully deserves the censure and tinguished presidents who is known as a fa- stone of our freedom and the articula- condemnation of the American peo- ther to the Democrat Party, was censured by tion of the genius of our democratic ple.’’ the Senate and after the next election, the government’s separation of powers and Mr. Speaker, these words and phrases Senate then expunged the censure. adherence to the democratic transfer of are not remedial. On the contrary, the President Jackson's words shed great light power. intent is to shame and condemn the on our challenge today even though they were Nor is this vote about whether the President’s misconduct and impugn his penned over 150 years ago. President Jack- President of the United States is above reputation and is, therefore, a prohib- son wrote that the very idea of censure is a the law. He is not. Indeed, as has been ited bill of attainder. It is unconstitu- ``subversion'' of the powers of government and amply demonstrated over the past 6 tional in its form, and the idea is clear- ``destructive of the checks and safeguards'' of years, even the President, as must each ly in violation of a bill of attainder. governmental power. President Jackson rightly of his fellow citizens, must respond to Now, some Members of Congress are claimed that censure was ``wholly unauthor- the demands of the law. arguing that censuring the President is ized by the Constitution'' and is a ``derogation Moreover, it is clear that upon leav- a better idea because it is ‘‘what the of its entire spirit.'' ing office, the President could be held American people want.’’ I believe the The Framers of the Constitution purposely accountable in a court of law if charges American people want their elected of- avoided granting the legislature the power to were to be brought against him alleg- ficials to honor their oath, defend the impose nonjudicial punishment. Such bills are ing the wrongdoing of which the Com- Constitution in accordance with the condemned in the Constitution because they mittee on the Judiciary Republicans laws of this Nation. Further, the Amer- represent ``legislative encroachment on the have accused him of today. ican people want their elected rep- powers of the judiciary.'' A bill of attainder Nor, as some claim, is this vote about resentatives to take a stand on matters ``pronounces upon the guilt of the party, with- process or simply moving this weighty of national importance, such as the in- out any of the forms or safeguards of trial.'' matter from our calendar to that of the tegrity of our judicial system and for An integral part of the censure debate in United States Senate: A Pontius Pi- Members of the House and the Senate Committee was whether the purpose of cen- late-like act, presumably designed to to exercise their judgment in matters sure is to punish the President. In answers to rationalize the profoundly precedent- of statecraft based upon their intellect, my questions regarding the intent one of the setting action that this House now con- not their emotions of the moment. authors, Mr. BOUCHER of Virginia, stated: ``It is templates. The facts and evidence in this case not our purpose to have findings of guilt. It is Nor do I for one second believe that are overwhelming; the allegations are not our intent to punish the President.'' this vote is about setting a marker for grave. Censure is not an alternative to However, a close examination of the word- the young on what conduct will be impeachment. ing of the censure resolution appears that the sanctioned or allowed to stand. Our Na- While I appreciate the intentions of the sup- explicit and implicit purpose would be to tion and our sustaining values will sur- porters of censure, I nonetheless must oppose shame the President, to voice disdain for his vive one man’s failings. But our democ- it because it is a fraud and an assault upon actions which undermine the integrity of the racy will be threatened if we destroy the Constitution. Censure is not an authorized office of the President, to reprove his dubious the due process and high standard that alternative to impeachment. if not criminal acts . . . to punish. the Founding Fathers established over Congress has the expressed Constitutional The censure resolution offered in the Judici- 2 centuries ago. authority to censure its own members for mis- ary Committee used such words and phrases The process that the majority has conduct. But, there is no expressed authority as ``egregiously failed,'' ``violated the trust of pursued in this matter has been par- in the Constitution for the Congress to censure the American people,'' ``lessened their es- tisan, driven, I believe, by animus, and the President. teem,'' ``dishonored the office,'' ``made false exceedingly unfair. Like so many other Impeachment is the only power in the Con- statements,'' ``reprehensible conduct,'' ``wrong- acts of these last two Congresses, it stitution granted to Congress to address presi- ly took steps to delay discovery of the truth,'' has been unworthy of our duty and of dential misconduct and dereliction of his exec- and ``fully deserves the censure and con- our responsibility. utive duties. The Founding Fathers set high demnation.'' The use of these words and At the beginning of this Congress, standards for impeachment by providing that phrases is not remedial, on the contrary, the after almost 30 years of House prece- conviction requires a two-thirds vote in the intent is to shame and condemn the Presi- dent, the Committee on House Over- Senate, to remove the President from office. dent's misconduct and impugn his reputation. sight moved to allow a case to go for- They insured impeachment would not become It is a prohibited bill of attainder and therefore ward to remove the gentlewoman from a method for Congress to harass executive or unconstitutional. California (Ms. SANCHEZ), who had been H11790 CONGRESSIONAL RECORD — HOUSE December 18, 1998 elected by the people of California to Now, in a desperate last-ditch at- historian describes the impeachment of this body. They spent over $1 million tempt to insulate this President from Andrew Johnson: ‘‘The impeachment to do so on the expressed theory that any constitutional accountability for was a great act of ill-directed passion, they were simply moving the process his conduct, his defenders are forced to and was supported by little else. It was forward. It was my contention then trivialize felony perjury. How trivial is rather like an immense balloon filled that there was no case at the outset, perjury to the person who loses a child with foul air, the most noisome ele- and it was the irrefutable conclusion custody case or goes to prison because ments of which were those most ac- that there was no case at the end. perjured testimony was offered as a tive.’’ Later on, because the President de- truth in a court of law? What is the im- I am sick at heart today, for I fear fied them in 1995, they shut down the pact on our system of justice when per- that the words used to describe the government. They threatened to do so jury is marginalized or excused for em- Johnson impeachment will come to again this year, if the President defied barrassment, inconvenience, or to insu- characterize what this House is about them. Today they seek to substitute, late one’s self as was done here in a to do. Impeachment based not on rea- in my opinion, their judgment for the sexual harassment case? son, but on rancor. will of the American people and re- Listen to the words of the United Yet it is not history’s verdict alone move their nemesis from the position States Supreme Court on the subject of that I fear. I also fear how our actions to which the American people, over perjury: ‘‘In this constitutional process will shape history. Will the House now their objection, elected him. If I be- of securing a witness’ testimony, per- have license to engage in free-wheeling lieved that the conduct of this Presi- jury simply has no place whatsoever. speculation about how a President’s dent had threatened our Nation’s secu- Perjured testimony is an obvious and private wrongs bear upon his or her ca- rity or undermined the operation of flagrant affront to the basic concepts pacity to govern, and then to pursue our government, or put at risk the of judicial proceedings. Congress has the removal of those whom it deems principles of our democracy, I would made the giving of false answers a unfit? If so, I fear for the very concept vote to impeach. criminal act, punishable by severe pen- that Presidents are to be chosen di- But I am absolutely convinced of the oppo- alties; in no other way can criminal rectly by the people, not by the legisla- site. I have said that the President's conduct conduct be flushed into the open where ture. has defamed himself and his Presidency. But the law can deal with it.’’ Will the vote over whether or not to it has not amounted to treason. It is not a Mr. Speaker, our Supreme Court impeach the President of the United case of bribery. And, as so many scholars of characterizes perjured testimony not States now display the same degree of all political and philosophical stripes have tes- as trivial conduct, but as criminal con- partisan division that our votes on tified, it does not amount to high crimes and duct. school vouchers and environmental rid- misdemeanors endangering our freedom or This Congress must decide whether ers have? our democracy. we will turn a blind eye to allegations b 1200 The President may well be accountable on respecting the subversion of the courts, another day. the search for truth, and the perjurious If so, I fear that generations to come But, today, I clearly see it as my duty, con- abuse of a young woman in a sexual will view impeachment to be of no sistent with the oath that each of us took to harassment lawsuit. greater gravity than those lesser preserve and protect the Constitution, and to If we allow perjury to be viewed as a issues. the stability of our democracy for generations sign of legal finesse, we will be respon- Will censure now be derided as un- to come to reject and oppose these articles of sible for setting the standard that any constitutional? If so, I fear that that impeachment. And, I shall, therefore, vote future President may lie under oath for precedent will gag the House when it ``no'' on each of them. desires to express its formal opinion on Mr. SENSENBRENNER. Mr. Speak- any personal convenience and may do another subject on another day. er, I yield 5 minutes to the gentleman it without regard to constitutional Will an Independent Counsel’s fact- from California (Mr. ROGAN). consequences. Under this perversion of (Mr. ROGAN asked and was given the law, any President may commit finding be the sole record upon which permission to revise and extend his re- perjury for reasons of self-interest and the House votes to impeach a presi- marks.) thereby trample his constitutional ob- dent? If so, I fear for future presidents Mr. ROGAN. Mr. Speaker, I thank ligation to ensure that our laws are of either party whose tenure in office the gentleman for yielding. faithfully executed. The Congress must might be threatened by the sort of First, I observe a bit of irony in the not insulate from constitutional ac- overreaching that we have all accused fact that our friends on the other side countability those who repeatedly vio- independent counsels at one time or now are so quick to hurl charges of late their sacred oath. another. ‘‘shutting down the government’’ The evidence against the President Will we now compel the ship of State today, yet they ask us to shut down on this score is overwhelming, and so in one direction while the rudder of both the government and our constitu- too is Congress’s constitutional obliga- popular opinion clearly points in the tional process that obligates us to pro- tion. We must keep faith with our opposite direction? If so, I fear for the ceed. founders’ dream that a Nation could notion that consensus among the pub- The gentleman from South Carolina rise and be sustained where no person lic counts for something when this a few minutes ago was absolutely is above the law. House takes up the gravest of matters right. It is both false and unfair to The SPEAKER pro tempore (Mr. of State. characterize these articles of impeach- LAHOOD). The Chair announces that I fear for our Republic on this dread- ment as relating solely to consensual the gentleman from Wisconsin (Mr. ful day. I fear for America today. sex. That is not the case. Lawyers did SENSENBRENNER) has 9 minutes remain- Ms. WATERS. Mr. Speaker, I yield 3 not just show up one day and begin to ing, and the gentlewoman from Califor- minutes and 10 seconds to the gen- question the President’s personal life- nia (Ms. WATERS) has 171⁄2 minutes re- tleman from North Carolina (Mr. HEF- style. The President was a defendant in maining. NER), the respected retiring member of a civil rights sexual harassment law- The gentlewoman from California the Committee on Appropriations. suit, and just like every other defend- (Ms. WATERS) is recognized. Mr. HEFNER. First of all, Mr. Speak- ant in those types of cases around the Ms. WATERS. Mr. Speaker, I yield 3 er, I would like to say that the 24 years country, he was ordered by a Federal minutes to the gentleman from Massa- that I have spent in this House has judge supervising that case to answer chusetts (Mr. MEEHAN), a distinguished been the greatest experience of my life. under oath questions relating to his member of the Committee on the Judi- The last vote that I will be called upon pattern of conduct as both governor ciary. to cast in this House is the most trou- and President with respect to female Mr. MEEHAN. Mr. Speaker, as we ap- bling vote that I have made in the 24 subordinate employees. That is the proach the end of the House’s role in years that I have been in this House. context in which the questions were this dreadful process, the words I want It bothers me about the venom and asked, and that is the context in which to leave with my colleagues are those the hatred, and the comraderie that is perjurious answers were given. of history. Here is how one prominent nonexistent in this House anymore. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11791 Hate is a terrible thing. Hate is a can- We are taking here and creating a nary offenses, but they referred to acts attack- cer that eats at us. It shows in our rule of law which does not exist. The ing the security of the Nation, the primacy of face, it shows in our walk, and it is rule of law says that we should exercise the Constitution, or the basic functions and something you cannot treat with our proper conscience and do what is well being of the office involved. They felt the chemotherapy, you cannot treat it right. It says we should impeach the behavior should be so inconsistent with the re- with any drugs. You have to treat it President if he has done that which is sponsibilities of the office that the people re- with compassion and love. wrong, and which rises to the level of quired removal of the office holder for their President Clinton is my friend, but an impeachable offense. well being, the proper conduct of the office, the notion is that President Clinton Clearly, this is not an impeachable and the welfare of the Nation. has to go, because the word is, we have offense, because impeachable offenses While the behavior which could trigger the to get this done. There is no doubt were defined to mean great and dan- impeachment process can be criminal, and al- about it, the President has to go. On gerous offenses by George Mason, not though the actions may be criminal in char- the Committee on the Judiciary, I ordinary offenses. They were attempts acter, it need not necessarily be so. watched hours after hours of the Com- to, and again in the words of one of the There are a number of points to be made mittee on the Judiciary. The members Framers, subvert the Constitution. which have constitutional and historical impor- said the President has shown no contri- They constituted acts which were a tance: tion. He shows no contrition. danger to the office, a danger to the so- (1) Impeachment is for matters involving be- I do not know if Members saw the ciety, a danger to the Nation, a danger havior which constitutes a threat to the office, moment when the President of the to the people. the Constitution, and the Nation. United States stepped out from the Clearly that is not so. The Presi- (2) Impeachment is a Constitutional act of meeting with the ministers at the dent’s behavior, as I said, is wrong; the House referring to the Senate a finding of White House. It was not a call thing, it tawdry. The best thing that could be most serious misbehavior, as discussed was an annual thing that they have. said, it is not a great event but it is a above, which initiates a trial in the Senate He stood before the entire world, be- very small and small-minded set of possibly resulting in removal from office of the fore the microphones and the television events. This behavior should not initi- person impeached. cameras that were carried all over the ate the impeachment processes. (3) Impeachment is primarily a political proc- world, and he stood by himself and There are a lot of points that need to ess, not a judicial or legislative act. said, I have sinned. The most powerful be made today. They have historical (4) Impeachment participates in the char- man on the face of the earth stood bare and constitutional importance. Im- acter of an indictment by a grand jury. But im- before the world and said, I have peachment is for matters that involve peachment is different and imposes different sinned, and I ask forgiveness from any- a threat to the Nation, the Constitu- responsibility on members of the House. one that I have caused pain to. I ask tion, and the office. (5) Impeachment does not involve criminal forgiveness from Ms. Lewinsky. Impeachment is a constitutional act consequences. It simply initiates a process to I talked with him on two occasions of the House, referring to the Senate a decide whether an office holder shall continue after he made that statement. The man finding of most serious misbehavior, as in office or be removed. is contrite. I do not judge that he has (6) Impeachment is not a bar to subsequent discussed above, which initiates a trial had a talk with his maker, but I have criminal process, including indictment, trial, in the Senate, possibly resulting in re- tried to talk with the news media to conviction, and punishment. While the Presi- moval from office of the person im- express another opinion, and nobody dent may not, under the Constitution, be in- peached. wants to hear that. dicted or subject to criminal process while If we turn on the newscasts, they Impeachment is primarily a political process. It is not a judicial or a legisla- holding office, he may be subject to the full start off either with the President say- process of criminal law for misbehavior imme- ing, I never had sex with that woman, tive act. Impeachment participates in the character of an indictment by the diately upon his leaving office. I never had sex with that woman, or Parenthetically, Mr. Starr said in the Judici- grand jury, but impeachment is dif- hugging Ms. Lewinsky. I have yet to ary Committee impeachment hearings that ferent and imposes different respon- see one newscast where anywhere in it, there is no bar to such action in the case of sibilities on Members of the House. or starting with it, that shows the the President, including the running of the Impeachment does not involve crimi- President of the United States showing sundry applicable statutes of limitations. nal consequences. It simply initiates a contrition; where he says, I have (7) The Founding Fathers, and Framers of process to decide whether the office- sinned, and I ask God’s forgiveness. I the Constitution, tried to make impeachment holder shall continue in office or be re- have sinned, and I ask forgiveness for difficult. They especially feared constraints on moved. Impeachment is not a bar to anybody that I have caused pain to. the institutional power of the President or im- subsequent criminal process, including For those of us who believe in contri- pairment of the office, or loss of balance be- indictment, trial, conviction, and pun- tion and forgiveness, it is very impor- tween the branches of government. They es- ishment. While the President, under tant to us. pecially feared efforts by one party controlling the Constitution, cannot be tried or in- I think that this is wrong. There is the legislative branch to remove the President dicted while in office, he may be sub- no reason, there is no reason that has of a different persuasion. been explained to me, or to this House, ject and is subject to full process of the The Framers of the Constitution were much why we cannot have a vote on censure; law upon leaving his office. concerned that the legislative branch not be no reason. Vote to give us a vote to Mr. Starr, if he finds the events re- empowered to easily upset an election where censure the President, not condemn quire indictment or action in a crimi- the people spoke and selected their President. him and do away with him. nal court, may clearly take that ac- Under these principles then, it becomes Ms. WATERS. Mr. Speaker, I yield 3 tion. I urge my colleagues to permit us plain the question before us is whether the be- minutes to the distinguished gen- to vote on something which is impor- havior of the President, although clearly tleman from Michigan (Mr. DINGELL), tant, and that is censure. That is what wrong, rises to the level of an impeachable of- the most senior Member of the House. the people want. That is what we fense or offenses. (Mr. DINGELL asked and was given should be doing today. I find that the offenses do not rise to the permission to revise and extend his re- Mr. Speaker, the Constitution defines the level of impeachable offenses. marks.) basis for impeachment in the House, as . . . The actions of the President are wrong, ar- Mr. DINGELL. Mr. Speaker, what the ``The President . . . shall be removed from rogantly stupid, and possibly involve criminal President did was wrong, and what we Office on Impeachment for, and Conviction of, misbehavior. are doing today is equally wrong. The Treason, Bribery, or other high Crimes and The last question, criminal misbehavior, can process before us is unfair. The rights Misdemeanors.'' and should be addressed in the appropriate of the minority to offer necessary The Framers of the Constitution, in the time and fashion. amendments or proper motions to re- words of George Mason, one of the leaders of My friend, Mr. HYDE, Chairman of the Judici- commit are being disregarded by the the Constitutional Convention, found impeach- ary Committee, has made it plain in state- majority. It is an exercise of abuse of able offenses to mean ``great and dangerous ments on this matter that an impeachment ef- power by the majority on the rights of offenses'' and ``attempts to subvert the Con- fort not supported by the people will not suc- the minority. stitution.'' In other words, they meant no ordi- ceed. I agree. H11792 CONGRESSIONAL RECORD — HOUSE December 18, 1998 We should not lightly set aside an election any question of Constitutionality or anything Mr. Speaker, I withdraw my reserva- where the people freely chose their President. else. President probably will be censured tion of objection. We owe it to the Founders, and to the future, again. Mr. HYDE. Mr. Speaker, I thank the to not impair the separation of powers, or the Censure is a fair, proper, and a legal exer- gentleman from Michigan and I thank necessary and proper power, as well as the cise of the power of the House. It does what the Chair. freedom, of the Presidency. We owe it to the the people want. It vindicates both the law and The SPEAKER pro tempore. Is there people of the United States not to cavalierly the feelings of the people. That cannot be said objection to the request of the gen- set aside their choice of Presidents. of the impeachment of Bill Clinton proposed tleman from Illinois? Lastly, I remind all that the President was by the republicans under a gag rule. There was no objection. elected, not once but twice, and by significant To the Republicans and their leadership, I PARLIAMENTARY INQUIRY majorities. say your behavior is unfair. It does you great Mr. SENSENBRENNER. Parliamen- Listen to the people. This is a political proc- discredit. It does not permit the House to tary inquiry, Mr. Speaker. ess. It was expected by the Framers of the choose among the most appropriate actions to The SPEAKER pro tempore. The gen- Constitution that this same political process be used here. tleman will state it. would function as such. Politics and political My colleagues, do what is rightÐallow a Mr. SENSENBRENNER. Mr. Speak- process requires involvement of the people vote on impeachment, but allow, also, a vote er, was all that taken out of my time? and that we who hold this responsibility listen on censure. Given a proper choice, the House The SPEAKER pro tempore. It was carefully and respectfully to their wishes. can act properly and carry out both our Con- not taken out of the gentleman’s time, Listen to the people of America. They do stitutional responsibilities and our duty to the and the gentleman may proceed for 4 not believe impeachment is a proper remedy people. minutes. for President Clinton's misbehavior. The peo- Mr. SENSENBRENNER. Mr. Speak- Mr. SENSENBRENNER. Mr. Speak- ple do not approve of Mr. Clinton's behavior, er, I yield myself 4 minutes. er, we have heard a lot about the no- but they do not believe that the President's ac- Mr. HYDE. Mr. Speaker, will the gen- tion of censure. tion rises to the level of impeachable offenses. tleman yield? Mr. SOLOMON. Mr. Speaker, will the They find no basis for us to take such action. Mr. SENSENBRENNER. I yield to gentleman yield? My Republican colleagues disregard the the gentleman from Illinois. Mr. SENSENBRENNER. I yield to Constitution. They fabricate a rule of law Mr. HYDE. Mr. Speaker, I thank the the gentleman from New York. which neither exists here, nor imposes on this gentleman for yielding to me. Mr. SOLOMON. Mr. Speaker, I would House the action they would require. Rather, Mr. Speaker, I ask unanimous con- say to the gentleman from Michigan the rule of law requires us to exercise one of sent that during further consideration (Mr. CONYERS), by mutual agreement, I our highest and most important Constitutional of House Resolution 611, the previous would demand a division of the ques- responsibilities, deciding on whether to im- question shall be considered as ordered tion by article. peach the President with the utmost attention on the resolution to final adoption The SPEAKER pro tempore. The to the Constitution as defined for us by the without intervening motion except: (1) question is divisible and will be divided Founding Fathers. debate on the resolution for a period for the vote by Article. We are not acting here as a mere grand not to extend beyond 10 p.m. tonight, Mr. CONYERS. If the gentleman will jury. We are exercising a Constitutional trust equally divided at the outset and con- yield, I would tell him, yes. and duty of the highest order. We are deciding trolled by the chairman and ranking The SPEAKER pro tempore. The gen- whether there is enough grave wrongdoing to minority member of the Committee on tleman from Wisconsin (Mr. SENSEN- meet the test of ``high crimes and misdemean- the Judiciary, and one further hour of BRENNER) may proceed on his 4 min- ors.'' This requires intelligence, attention, and debate on Saturday, December 19, 1998, utes. discretion. equally divided and controlled by the Mr. SENSENBRENNER. Mr. Speak- We are now deciding whether to precipitate chairman and ranking minority mem- er, we have heard a lot about censure. a Constitutional crisis. We are deciding wheth- ber of the Committee on the Judiciary; I think it is important to follow the er to create a great public controversy where (2) after such first period of debate, a constitutional and historical prece- the people will be divided by a process they motion to adjourn; and (3) one motion dents of the House of Representatives do not want to go forward. We must now de- to recommit, with or without instruc- in that censure is not an alternative. cide whether to put at risk the powers of the tions, which, if including instructions, We need look back in 1974, which was Presidency, not the well being a Bill Clinton. shall be debatable for 10 minutes, the last time the entire issue of im- All this is set against the wishes of the peo- equally divided and controlled by the peaching the President of the United ple who have spoken to us with clarity. proponent and an opponent. States came up. I would like to quote To my colleagues, I say, listen to the peo- During consideration of a resolution from the book, How the Good Guys Fi- ple. Look at your responsibilities, exercise appointing and authorizing managers nally Won, Notes from an Impeach- your wide and necessary discretion, carry out for the impeachment trial of William ment Summer, by Jimmy Breslin, pub- your duty in voting no. Jefferson Clinton, President of the lished by Ballantine Books in 1975. For the reasons above, I urge my col- United States, the previous question This book quoted our former distin- leagues to join me in voting no on the im- shall be considered as ordered on the guished Speaker, Thomas O’Neill from peachment of President Clinton. resolution to final adoption without in- Massachusetts, as follows: It is the right thing to do. tervening motion or demand for a divi- O’Neill went down the hall, picking his To my Republican colleagues and their sion of the question, except 10 minutes way through the tourists, to attend the leadership, I add, give us a process that is of debate on the resolution, equally di- meeting at which John Rhodes, the Repub- fair, that enables us to act with dispatch on vided and controlled by the chairman lican leader of the House, gave it one last try and ranking minority member of the for Nixon. matters the people want us to address. Rhodes said he wanted the impeachment The people want some action condemning Committee on the Judiciary. resolution recommitted with instructions the behavior of Bill Clinton. In a word they When the House adjourns on Friday, that there should be a vote on censuring the want censure of Bill Clinton for his serious December 18, 1998, it adjourns to meet President. ‘‘I am bitterly opposed to that,’’ misbehavior. at 9 a.m. on Saturday, December 19. O’Neill said. ‘‘But you wouldn’t be opposed A careful but improper rewriting of both the The SPEAKER pro tempore (Mr. to us having a vote on censure, would you?’’ Constitution and of the rules of the House by LAHOOD). Is there objection to the re- Rhodes asked. ‘‘Yes, I would,’’ O’Neill said. my Republican colleagues denies the people quest of the gentleman from Illinois? I think that my friends on the other their right to have the Congress respond to Mr. CONYERS. Reserving the right side of the aisle should listen to their their will. to object, Mr. Speaker, I shall not ob- former Speaker one last time, because Censure is a worthwhile and proper re- ject. I want to indicate the cooperation on this one, he is right. sponse by the House here to the situation and and concurrence of this side with the Mr. Speaker, today we enter the final the will of the people. It is also possible under proposal, and I want to thank the gen- stage of the impeachment process. For both the rules of the House and the Constitu- tleman from Illinois (Mr. HYDE), the those of us who serve on the Commit- tion. There are abundant precedents that chairman, for the cooperation in both tee on the Judiciary, this has been a Presidents have been censured before without our staffs working this out. difficult and exhausting time. We have December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11793 reviewed 18 boxes of evidence. We have Ms. JACKSON-LEE of Texas. Mr. against the will of the people of the heard the Independent Counsel present Speaker, let me first thank our Amer- United States. his case. Constitutional and legal ican troops who are now fighting for Mr. President, if you can hear me, do scholars have provided opinions and our liberty. The Declaration of Inde- not resign. This is not a parliamen- historical perspectives. The President’s pendence is the promise of that liberty tarian form of government. lawyers have made their case in his de- and the Constitution is the fulfillment. Mr. Speaker, I say, to my colleagues fense, and the gentleman from Illinois So today it is was with great humil- you can heal our Nation. Rise and vote (Chairman HYDE) offered them 30 hours ity and somberness that I rise on the for censure. Do the just and right in which to do so. They did not use it floor of this House in strong opposition thing, for it is written, Mr. Speaker, all. against the articles of impeachment judge not and ye shall not be judged. After examining and weighing all of and express my support for censure. Condemn not and ye shall not be con- this evidence and testimony, I believe Impeachment, Mr. Speaker, is final, it demned. Forgive and ye shall be for- that the President lied under oath, ob- is nonappealable. And the Constitution given. structed justice, and abused the power is the only arbiter of that process. Vote for a censure resolution and end of his office by providing false state- Article II, section 4 is clear. Impeach- ments to Congress in response to ques- these unseemly proceedings against ment is for treason, bribery and other our President and the Constitution. tions submitted by the Committee on high crimes and misdemeanors. This the Judiciary. Our Nation deserves no less! President did not commit impeachable It is written in Luke 6:37, ``Judge not, and ye b 1215 offenses under our Constitution, and shall not be judged: condemn not, and ye On Wednesday of last week, I asked today with such a vote these chambers shall not be condemned: forgive, and ye shall the President’s very able attorney, will become the incinerator of the Con- be forgiven.'' stitution. There is no fairness in this Charles Ruff, a very simple question, Mr. Speaker, with great humility and som- process. There is no justice and there is did the President lie. Mr. Ruff could berness, I rise today in strong opposition no dignity. easily have said no. Instead, he split against the Articles of Impeachment and ex- The charges in these articles of im- legal hairs, and that sealed my decision press my support for a censure resolution. to support impeaching President Clin- peachment are meritless and not prov- en. Perjurious remarks have not been However, before we even begin this debate ton. on the merits let me say that we are engaging Mr. Speaker, most Americans are re- proven. Misleading, evasive statements in this discussion while our American troops pelled by the President’s actions. The are not perjurious, per the rule of law are in harm's way in the Persian Gulf. This is toughest questions I have had to an- of the United States Supreme Court the worst time to have this discussion. We are swer have come from parents who ago- under Bronston. Abuse of power has talking about impeaching our President, our nize over how to explain the Presi- not been proven. Monica Lewinsky said dent’s behavior to their children. Every the President did not ask her to lie. Commander in Chief of the Armed Forces parent tries to teach their children the And obstruction of justice has not been while he has authorized troops to engage difference between right and wrong, to proven because the President did an- Saddam Hussein. always tell the truth and, when they swer the 81 questions sent to him by My colleagues are not correct in stating that make mistakes, to take responsibility the Judiciary Committee. American Troops were in Vietnam during a and face the consequences of their ac- In light of the revelations of the last debate in these chambers on the Impeach- tions. President Clinton’s actions every 24 hours, I believe not one of us in ment of a President that did not occur in 1974. step of the way have been contrary to these chambers, not one Member would No such debate took place. American men those values. But being a bad example ask for the resignation of a Member so and women are fighting to uphold the Con- is not grounds for impeachment. Un- charged. But as a woman, adultery is stitution and they expect nothing less from this dermining the rule of law is. Frustrat- adultery. Nevertheless, the majority is body. It is imperative that we uphold and fol- ing the courts’ ability to administer recklessly attempting to make im- low the Constitutional process for impeach- justice turns private misconduct into peachable offenses purely private acts, ment. Anything less would be dishonorable. an attack upon the ability of one of the in direct attack on the Framers’ intent The Constitution, Article II, section 4, re- three branches of our government to that impeachment was for great and quires removal of the President from office on impartially administer justice. This is dangerous offenses against the Con- ``Impeachment for, and conviction of, treason, a direct attack upon the rule of law in stitution. bribery, or other high crimes and misdemean- our country and a very public wrong How do we heal this Nation? How do ors.'' The Framers of our Constitution consid- that directly impacts the constitu- we find uncommon courage? The ma- ered ``high crimes and misdemeanors as politi- tional workings of our government. jority must allow us to vote on a free- cal crimes against the state. The critical ele- Mr. Speaker, impeachment is not a standing censure resolution, constitu- ment of injury in an impeachable offense was tool to paralyze democracy. Instead, it tionally allowed, that acknowledges injury to the state. This element of injury to the is the only constitutional mechanism that the President was morally wrong, commonwealth was the historical criterion for available to protect democracy when misled the American people and that distinguishing a ``high'' crime or misdemeanor its institutions are threatened by a the President, upon leaving office, will from an ordinary one. Impeachment is directed President’s actions. for ``great misdemeanors against the public.'' Today, based upon the evidence that be subject to civil and criminal pen- alties. To do more lays the shredding of The purpose of Impeachment is to curb the President lied, obstructed justice breaches and abuses of the public trust. The and abused power in an effort to pre- this Constitution at our feet. Framers realized that impeachment is final vent the courts from administering jus- Today with the vote for the articles and non-appealable. tice under law, I rise in favor of im- of impeachment, we will use the ulti- At the time of the Constitution's construc- peaching William Jefferson Clinton. I mate weapon, we will use the ultimate tion, the Framers were concerned with assur- take no joy in this decision but I make political death blow, the removal from ing individual freedom and avoiding govern- no apologies either. office of this duly-elected President for America will emerge from this dark acts not against the Constitution or mental tyranny. Their intent was to create a period of our history a stronger Nation the government. Our censure resolu- viable government with sufficient power to ful- because we have demonstrated once tion does not violate the Constitution. fill its given responsibilities. As a result, the again the resiliency of our democracy It is not a bill of attainder. It does not separation of powers doctrine was instituted to and the supremacy of our Constitution. restrain the property or the liberty of prevent unfettered authority in a single branch Mr. Speaker, I reserve the balance of the President. It is constitutionally of government. Accordingly, each branch is my time. sound. vested with the power to check and balance Mr. CONYERS. Mr. Speaker, I yield Finally this day sunset falls on this the others. 31⁄2 minutes to the gentlewoman from House. And as we see it fall, today our Our debate is about the future of the Presi- Texas (Ms. JACKSON-LEE). vote leads us into the darkness of a vile dency, the Constitutional process required for (Ms. JACKSON-LEE of Texas asked attack on the Constitution. We leave the removal of a president and the importance and was given permission to revise and here today void and empty because our of bi-partisan cooperation. I think every Amer- extend her remarks.) President will have been toppled ican, Republican or Democrat, or Independent, H11794 CONGRESSIONAL RECORD — HOUSE December 18, 1998 should be concerned about the Articles of Im- yer’s responsibility to recognize the evasion Imagine a justice system where a prosecu- peachment and whether the allegations con- and to bring the witness back to the mark, tor can present charges to a grand jury, ob- tained therein, rise to a level that would justify to flush out the whole truth with the tools of tains an indictment and then proceeds to trial. adversary examination * * * A potential impeachment. prosecution for perjury is not the primary During the trial, the prosecutor calls himself as There is no concrete evidence to substan- safeguard against errant testimony. a witness, to testify about the defendant's prior tiate the allegation that President Clinton en- bad acts and his rationale for charging the de- Under our adversarial system of jurispru- couraged a witness to execute a false affida- fendant. While testifying, he admits that indi- dence, a defendant is not required to assist a vit. No one should be hailed before a tribunal vidually and collectively, the charges are insuf- plaintiff in bringing her suit to trial nor is a de- to answer allegations that are not supported ficient to meet the standard of crime, but he fendant required under the rules of civil proce- by substantial and credible evidence or threat- believes the defendant has engaged in a pat- dure to volunteer specific information that the ened with a potential prosecution for perjury tern of abuse to obstruct justice. plaintiff has not requested. This is our system because of the questioner's deficiency. Certainly, if this incident occurred in our of jurisprudence that we have utilized for over During the Watergate hearings, Mr. St. home town, we would be outraged at the two hundred years. This really is adhering to Clair, the President's attorney, stated in clos- waste of financial resources. We would call for the rule of law and the right to due process. ing summation that ``a President cannot be im- this prosecutor to end this charade, imme- The President's actions were wrong and peached by piling inference upon inference.'' diately because his conduct and abusive tac- reprehensible but not impeachable because The Articles of Impeachment drafted against tics would emasculate the system he is at- his conduct did not injure the state as required President Clinton do not comport with fun- tempting to protect. by the framers. Impeachment is a remedy of damental fairness nor substantial notions of Independent Counsel Starr violated District last resort, it is the atomic bomb of partisan procedural due process because the alleged of Columbia Rules of Professional Conduct politics. perjurious statements lack specificity; an inde- Rule 3.7, entitled ``Lawyer as witness'' which In the Federalist Paper No. 65, Alexander pendent collaborating witness and materiality. provides a lawyer shall not act as advocate at Hamilton described impeachment as a mecha- The President is neither above nor beneath a trial in which the lawyer is likely to be a nec- nism to reach: ``[T]he misconduct of public the law. The Constitutional safeguards con- essary witness and Virginia Code of Profes- men and abuse or violation of some public tained in the Sixth Amendment govern these sional Responsibility DR5±102, entitled ``With- trust. Impeachable offenses are political, as proceedings. drawal as counsel when the lawyer becomes they relate to injuries done immediately to so- Monica Lewinsky's Grand Jury testimony a witness'' when he testified in front of the clearly refutes an allegation that President ciety itself. The Framers never intended impeachment House Judiciary Committee. Clinton encouraged her to give perjurious, Nowhere in the history of this Country's sys- or the threat of impeachment to serve as a de- false and misleading testimony: ``[N]either the tem of jurisprudence has a prosecutor had the vice for denouncing the President for private President nor Mr. Jordan asked or encouraged ability to take the witness stand to ``vouch for misbehavior or for transforming the United me to lie.'' This statement by Ms. Lewinsky the credibility'' of evidence presented during States into a parliamentary form of govern- was made in her February 1, 1998, proffer to trial, to do so would be a miscarriage of jus- ment in which Congress can vote ``no con- Office of the Independent Counsel. Let's take tice. Likewise, allowing Independent Counsel fidence'' in an executive whose behavior it dis- a moment to examine the correlation between Starr to testify for two hours ``about a pattern likes. The President is elected by the people the President's relationship with Lewinsky and to obstruct justice'' eviscerates the purpose of of the United States and it is not the preroga- the allegations put forth by Paula Jones. the Independent Counsel Act. President Clinton's relationship with Lewinsky tive nor duty of the House of Representatives Further, Sam Dash, Mr. Starr's ethics advi- was consensual but morally wrong. to undo that election because of partisan poli- sor resigned in opposition to Mr. Starr's inap- On the other hand, Ms. Jones was alleging tics. propriate appearance before the House Judici- The records of the Constitutional Conven- sexual harassment. Lewinsky's relationship ary Committee. with President Clinton was a tangential collat- tion confirm that the Framers did not intend Section 595(c) authorizes the Office of the eral issue that was not relevant. Therefore, the the President to serve at the ``pleasure of the Independent Counsel to submit a referral to probability of its admittance during the Jones Senate.'' In fact, it was suggested by Mr. Congress to guarantee that its findings would trial was unlikely because it would not have Pinkney of South Carolina, a Framer of the not be thwarted by internal sources within that ``any tendency to make the existence of any Constitution, that ``if the President opposes a individual's branch of government. This con- fact that is of consequence to determination of favorite law, the two Houses will combine cept is consistent with the separation of pow- the Jones action more probable.'' against him, and under the influence of heat ers doctrine was instituted to prevent unfet- It is axiomatic, that perjury requires a (1) vo- and faction throw him out of office.'' tered authority in a single branch of govern- litional act on the part of the declarant (2) Hence, if we follow Mr. Pinkney's theory to ment. Accordingly, each branch is vested with about a material matter in the case. Perjury is its logical conclusion, a president could be re- the power to check and balance the others. a specific intent crime. It requires that the de- moved for any transgression, however remote This Act was designed to provide a mecha- clarant willfully and contrary to such oath sub- in time, which the Senate may decide in its nism to prevent inherent conflicts of interest scribe to a material matter which the declarant discretion warrants removal from office. This which could arise where the Executive branch does not believe to be true. More importantly, unbridled authority could establish an atmos- of government must supervise or conduct an because perjury requires a specific intent on phere that manufactures impeachable of- investigation of an individual associated with the part of the declarant, the law provides sev- fenses where they do not exist. We should its office. eral defenses to perjury. consider Mr. Pinkney's words as we tread On October 8, 1998, the House passed H. Truth is a defense to perjury. A defendant these dangerous waters. Therefore, it is es- Res. 581, which expressly authorized the can not be prosecuted for perjury, if he truly sential that we utilize every constitutional safe- committee to report: ``such resolutions, articles believes that he ``spoke the truth'' when asked guard to prevent the truth from being ``twisted of impeachment, or other recommendations as a question under oath. The defendant would by knaves to make a trap for fools.'' On Feb- it deems proper.'' Over the past two months, not be guilty of perjury because although his ruary 8, 1798, Thomas Jefferson wrote a letter the Judiciary Committee has heard testimony testimony is freely and voluntarily given; he to James Madison about the impeachment of from several witnesses about ``high crimes does not manifest the requisite mental state Senator Blount, stating, ``I see nothing in the and misdemeanors'' and alternatives to im- necessary for perjury, a specific intent crime. mode of proceeding by impeachment but the peachment. Censure is a viable alternative to Restated, perjury requires that the defendant most formidable weapon for the purposes of impeachment that will quickly and judiciously (1) set-out to deceive and (2) know that state- [a] dominant faction that ever was contrived. It resolve this national issue. ment's he utters are untrue. would be the most effectual one of getting rid Censure is neither a substitute for a federal Another defense to perjury is materiality. of any man whom they consider as dangerous pardon nor is it a cover-up. Therefore, the The declarant's statement must be material to to their views * * * impeachment has been an President is still subject to civil and criminal the matter before the tribunal. The third de- engine more of passion than of justice.'' punishment for any alleged crimes he may fense to perjury arises where the questioner's The Constitution imposes a grave and seri- have committed by the court system after he interrogatories are drafted in a manner that in- ous responsibility on Congress to protect its leaves office. The United States Constitution vites ambiguity. In the landmark case of fabric and integrity. It would have been a dere- does not prohibit Censure. Bronston v. United States, the United States liction of duty if I failed to investigate the alle- Several critics continue to suggest that cen- Supreme Court stated: gations contained in the Starr Report before I sure is unconstitutional because there is no It is the responsibility of the lawyer to begin dealing with what has been called ``deli- constitutional provision that expressly author- probe * * * if a witness evades, it is the law- cate issues of basic constitutional law.'' izes censure. This rationale is flawed and December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11795 without merit. If we follow this line of reason- Members to address their comments to We have heard a lot today and in the ing to its logical conclusion: postal stamps, so- the Chair. past weeks about the rule of law, but cial security, and public education are uncon- The Chair will recognize managers that is not the standard for impeach- stitutional because there is no explicit ref- from the Committee on the Judiciary ment. We are all sworn to uphold the erence to these programs in the Constitution. on either side of the aisle, endeavoring rule of law, and there is still a remedy Furthermore, the Constitution does not pro- to maintain equality between the two in this situation for the President’s ac- hibit Congress from acting because of its si- sides in the consumption of time avail- tion under the rule of law: Criminal lence. Many powers and individual rights not able and at the prescribed hour will de- prosecution. expressly stated in the Constitution have been termine where we are and then we will The President lied to us, but this recognized by this body politic. For example, move on from there. vote is neither about absolution or the right to privacy, the right to bodily integrity The Chair recognizes the gentleman punishment. The only question we face and the Executive power of removal. Our Con- from Florida (Mr. MCCOLLUM). is whether the President’s actions, re- stitution is a ``living and breathing'' document Mr. MCCOLLUM. Mr. Speaker, I yield gardless of how wrong or potentially that requires continuous interpretation by the 2 minutes to the gentleman from Vir- criminal, rise to the standard our con- Supreme Court to address the problems fac- ginia (Mr. BLILEY). stitutional forefathers set for us. ing our Nation. (Mr. BLILEY asked and was given We have been told by the majority of Further, there is an historical precedent for permission to revise and extend his re- constitutional scholars that the Presi- a censure resolution. A censure resolution marks.) dent’s actions do not fall within the was considered against President Nixon dur- Mr. BLILEY. Mr. Speaker, I thank meaning of high crimes or misdemean- ing the Watergate investigation because of the the gentleman for yielding me the ors but yet we persist. We have divided allegations involving his abuse of Presidential time. this House with partisan politics, sew- authority and misuse of the Justice Depart- This is a sad day, sad day for this ing mistrust and exposing the darkness ment. Richard Nixon resigned from office. In country. We should not have to be in our own hearts. It started with the 1834, the United States Senate censured here. Had the President done what he first vote of the 105th Congress to cen- President Andrew Jackson because of actions should have done, we would not be sure the Speaker, and it has continued interpreted as contravening the rule of law. here, and admitted wrongdoing right to this day to the vote to impeach the More importantly, censure would not violate from the start. President. With all of the lost opportunities in the Constitution's substantive restraints We have heard said in this body, Mr. between, it is no wonder we are losing against the use of federal power. Speaker, that this is different from Wa- Censure is a sensible historically proven so- tergate, but really, is it? In Watergate, the public’s trust. After today, when lution for addressing the President's disturbing the President lied to the American peo- the impeachment frenzy subsides, we behavior. It is time for America to move for- ple. This President lied to the Amer- will survey the damage to our own po- ward; it is time to put this unsettling con- ican people. In Watergate, the Presi- litical system, we will have unneces- troversy and divisiveness aside; it is time for dent did not commit perjury. This sarily crippled the presidency for a the business of the American people to take President, in my opinion and the opin- generation to come. We will have wan- first priority. It would benefit the entire country ion of the overwhelming majority of tonly weakened this House of Rep- if the President could return to focusing on the the people of this country, did commit resentatives reaching a new low in par- issues at hand, as opposed to this scandal. perjury. tisan rancor. We will have substan- The time to close this dishonorable chapter in Either we are a Nation of laws or we tially subverted the Constitution our Country's history has come. are a Nation of men. If we are a Nation which was designed to reflect the will There are millions of Americans who want of laws, then the highest and the low- of the people in a republic, not to pro- their voices heard on a censure resolution. It est are subject to the same law. There mote a political party in what is slip- is our obligation, as their duly elected rep- is no preferential treatment, and we ping towards a parliamentary system. resentatives, to ensure that their views be and our Constitution grant none. We will intentionally have ignored heard. The President, in my opinion, ob- the business of the American people Censure is a window of opportunity for this structed justice. He attempted to cover both at home and abroad, and we will body politic to display a bi-partisan atmos- up. To say this is just about sex is to have changed the political climate phere during these alarming moments. We say that Watergate was just about a where decency, privacy and civility must exhibit a united front for our Nation and third-rate burglary. Nothing is further have been sacrificed on the altar of po- our troops. It is time for national unity. from the truth. This President sought litical greed, cynicism and shame. In all things that are purely political we can to cover up a crime. And if we allow This vote is unworthy of our institu- be as separate as the fingers, yet one as the this to stand without the ultimate pun- tion. We will pay for it in the years to hand in all things essential to the mutual ishment which is afforded the Constitu- come. We will undermine the ability of progress of America and democracy. tion, which charges us as the people’s the next generation of American Presi- It is imperative that we bring this chapter to body to make, we have not done our dents to lead us through the enormous a close in a reasonable judicious and equi- duty and history will so remember. challenges that face the 21st century, table manner. It is time to move forward; it is I would like to quote and paraphrase just as we did after the last impeach- time to focus our energy on securing our in closing the words of our colleague, ment of a President over 100 years ago. While this President must answer for shores from foreign enemies. the gentleman from South Carolina his actions, history will judge us for The Bible, Ecclesiastes Chapter 3, Verses 1 (Mr. GRAHAM). He said earlier in the our actions, too. As legislators, as rep- through 8 states, ``[T]o every thing there is a proceedings, 25 years ago, we had Wa- resentatives and as citizens, we have season, and a time to every purpose under tergate and the American people today an enormous responsibility, and I fear the heaven: a time to heal; a time to break think that Congress reached the right that we are on the brink of disgracing down, and a time to build up; * * * a time to decision. I hope that 25 years from this the public’s trust. love, and a time of peace.'' At the end of day, day, people will think that we made I urge Members to vote against im- we should move forward, prepare for tomor- the right decision. peachment on principle, mindful of our row and America's business. Mr. CONYERS. Mr. Speaker, I yield 3 oath of office, understanding our duty I will vote ``No'' on these Articles of Im- minutes to the gentlewoman from Col- to our constituents, to the Constitu- peachment; for to vote ``yes''-does subvert the orado (Ms. DEGETTE). tion and to the future. Constitution! I still hold hope for the oppor- (Ms. DEGETTE asked and was given tunity to vote for a Censure Resolution which permission to revise and extend her re- b 1230 will break this partisan divide and appro- marks.) Mr. MCCOLLUM. Mr. Speaker, I yield priately rebuke and reprimand the President, Ms. DEGETTE. Mr. Speaker, Article 30 seconds to the gentleman from Cali- and finally by our collective good judgmentÐ II, section 4 of the Constitution states fornia (Mr. ROGAN). Heal this nation. that the President shall be removed Mr. ROGAN. Mr. Speaker, I thank ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE from office on impeachment for and the gentleman for yielding. The SPEAKER pro tempore (Mr. conviction of treason or bribery or Some of our friends on the other side LAHOOD). The Chair would remind all other high crimes and misdemeanors. have indicated that perjury is not an H11796 CONGRESSIONAL RECORD — HOUSE December 18, 1998 impeachable offense under the Con- After much painful soul searching, I of a divided America? What have we be- stitution. I remind them of the testi- have reached the conclusion that im- come? I fear, our own worst enemies. mony of the former Democratic attor- peaching the President for repeatedly Mr. MCCOLLUM. Mr. Speaker, I yield ney general of the United States, Grif- and willfully lying under oath is nec- 41⁄2 minutes to the gentleman from fin Bell, who came before the House Ju- essary to protect the rule of law which California (Mr. CAMPBELL). diciary Committee. General Bell re- is the foundation of our republic. (Mr. CAMPBELL asked and was ferred to the legal authorities relied Mr. CONYERS. Mr. Speaker, I yield 3 given permission to revise and extend upon by our founders, such as Black- minutes to the gentleman from Florida his remarks.) stone, in drafting the Constitution. (Mr. WEXLER), a distinguished member Mr. CAMPBELL. Mr. Speaker, I have General Bell testified that Black- of the Committee on the Judiciary. been here since the debate began, and stone identified a series of crimes that Mr. WEXLER. Mr. Speaker, this Con- no speaker has refuted the facts. The were called ‘‘crimes against justice,’’ gress is on the verge of a tragic mis- facts are that the President did not tell and those crimes included perjury. take that will reverberate for centuries the truth under oath on August 17 and General Bell concluded, ‘‘I am of the and alter the course of American his- on other occasions, but specifically on opinion, my conclusion, is that those tory. August 17. crimes are high crimes within the Impeachment is not the ultimate Let me address why that matters so meaning of the impeachment clause.’’ censure. Impeachment is devastating. much and why that rises to the level of Mr. MCCOLLUM. Mr. Speaker, I yield Impeachment is enduring. Impeach- high crimes and misdemeanors. The 21⁄2 minutes to the gentleman from ment is momentous. If we dumb-down August 17 incident does rise to that California (Mr. GALLEGLY), a member impeachment and make it easier for fu- level because it undermines my ability of the committee. ture Congresses to impeach presidents, to trust this President whenever he (Mr. GALLEGLY asked and was we will forever weaken the institution says anything to me or to anyone else, given permission to revise and extend of the presidency. if it is in his interest not to tell the his remarks.) The Founding Fathers knew this. truth. And that is what takes this con- Mr. GALLEGLY. Mr. Speaker, this They could have said a president could duct above the level of a common vio- has been a very trying time for all of be impeached for any crime, but they lation of law and to the level of a high us, for the President, and for the coun- chose to designate crimes only of the crime and misdemeanor, because it in- try. But there are few things more im- gravity of treason and bribery. To im- capacitates him from effectively serv- portant than standing up for the Con- peach for anything less than the high- ing as our President. stitution of the United States and for est of crimes is a distortion of the Con- He raised his hand, he promised to the rule of law. stitution and hands a tremendous God he would tell the truth. He had his There are three points I will make weapon to our present and future en- attorney by his side. He had seven this morning in support of the articles emies who will point to a weakened months’ advance notice. He could have of impeachment. First, I am a member president and ultimately a weakened interrupted the August 17 proceedings of the Committee on the Judiciary. nation. at any moment. The reason that hu- And based on months of review, it is That is why the Founding Fathers manity might allow us to understand clear to me that President Clinton re- knew that low crimes should wait, that the President’s not telling the truth peatedly lied under oath, intentionally the strength of our national leader, the earlier in January, namely to hide the and willfully, during a civil deposition sovereignty of our Nation trump all truth from his wife and daughter, no and before the Federal grand jury. He but the gravest of charges, those which longer was the case in August. He had also attacked the integrity of Congress subvert our government. already told them the truth. And hav- by lying under oath in response to the If my colleagues have even the ing taken the oath to God and having 81 questions submitted by the Commit- slightest doubt as to whether this seven months’ advance notice, and hav- tee on the Judiciary. President’s actions rise to the level of ing the right to stop the proceedings if Our legal system, which protects the high crimes and misdemeanors, then it was difficult, and, unlike any other rights and liberties of all citizens, is they do a tremendous disservice to our American citizen, having his attorney dependent on telling the truth, telling Nation and to our standing in the by his side if a question required the the truth under oath. The President is world if they vote to impeach. advice of counsel, this President chose our chief law enforcement officer and So do not think for one moment that not to tell the truth. I cannot trust our chief magistrate. When he lies this is a free vote, that the Senate is him again. under oath, he undermines the integ- the real player in the impeachment Today we are engaged in war in the rity of our judicial system and threat- drama. We have the power to stop this Persian Gulf. I was assured by Sec- ens the right and liberties of every one travesty, to pull the curtain on this retary Cohen and by the Director of of us. theater of the absurd. our Central Intelligence Agency that Second, lying under oath after swear- This impeachment vote is bigger the timing was justified. Those two are ing before God and country to tell the than Bill Clinton. It is bigger than all honorable men. And because of their truth, the whole truth and nothing but of us. I implore my colleagues, do not testimony, I believe the timing was the truth is, and my fellow members I weaken the presidency in an effort to justified. But I do not believe it was believe I know what ‘‘is’’ is, is an im- punish this President. This is about justified on the basis of what President peachable offense. that delicate balance of power that is Clinton has said, because I can no Our legal system is dependent on peo- the bedrock of our democracy. It is longer believe him. If it is in his inter- ple telling the truth, telling the truth about due process and fairness. It is est not to tell the truth, he will not under oath. Lying under oath under- about safeguarding our privacy and tell the truth. mines the rule of law. By lying under curtailing the intrusiveness of govern- Now, there are some who say that I oath, President Clinton has also vio- ment. It is about nothing less than our should not draw that conclusion be- lated his presidential oath of office. humanity. cause this merely dealt with sex; and Third, this is not about sex. It is What have we become when we im- so, perhaps, I should only doubt the about the rule of law. It is about lying peach a president over an extramarital President’s ability to tell the truth in under oath before a Federal judge and affair and the lies to conceal it, when the future—even if he is looking me in a Federal grand jury. Every citizen we lose all sense of proportion? What the eye, even if he has sworn to God to must obey the law, period. A society have we become when we enter a new tell the truth—because he will only fail without laws is anarchy. Societies that era of sexual McCarthyism, when the to tell the truth if it deals about sex. ignore their laws are condemned to vio- boundaries of people’s private lives are I cannot tell you how deeply that lence and chaos. We must state di- no longer respected? Have we no sense wounds me, because of the importance rectly and strongly that the integrity of decency? What have we become when I have always attached throughout my of the judicial branch must not be vio- our partisan warring does not stop at public career to the fair and equal lated. We must make it clear that all the water’s edge but spills over and treatment of women. And to say that it Americans are equal under the law. bestows upon Saddam Hussein the hope only deals with sex is to denigrate, to December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11797 put at a lower level, the seriousness of Republican Party is about to take our fectly impeachable, and if we are talk- the offense felt by virtually every constitutional balance of powers and ing about perjury which rises to the woman in our society at least once in permanently and irreparably and for- virtual level of bribery, in fact under her working career. ever damage it. the Federal sentencing guidelines has a Sexual harassment is not just about The constitutional punishment of im- greater amount of sentencing in our sex, and to say that sexual harassment peachment was not meant to sub- court system, a higher level of it than and denying the truth to a plaintiff in stitute for the punishment of the civil bribery, which is, as my colleagues a sexual harassment case is somehow and criminal courts. Impeachment was know, treason, bribery and other high less important is to denigrate the harm meant to address presidential behavior crimes and misdemeanors, it seems that women in America feel every day that threatened the republic so gravely abundantly clear that perjury is im- when they go into the workplace and as to require the removal of the Presi- peachable. they are treated less because they are dent in the middle of his or her term. Mr. Speaker, I yield 1 minute to the women. No, sexual harassment is not We can all agree that the President’s gentleman from Wisconsin (Mr. PETRI). less than any other offense. acts, lying to the American people and Mr. PETRI. Mr. Speaker, I also would The President raised his hand, prom- having an affair in the White House like to respond to the previous speaker, ised to God to tell the truth, and did with an intern, were reprehensible. The the gentleman from New Jersey (Mr. not. On behalf of my five sisters and President should be censured for his ROTHMAN). my wife, I cannot say that sexual har- wrongful action. But violations of While admonishing the trial court to assment makes this less. On behalf of these kinds of civil or criminal laws be sensitive to demands on the Presi- my own oath to God, I cannot look the should be handled like any other Amer- dent’s time, the U.S. Supreme Court other way. icans, in the civil and criminal courts. recently unanimously ruled that he Mr. Speaker, I yield to my colleague, The first three words of the Constitu- had the same obligations as every the gentleman from Arkansas (Mr. tion are, ‘‘we the people.’’ And in this other citizen in the Nation’s courts. HUTCHINSON). case the views of the people are well- Testifying truthfully under oath is one Mr. HUTCHINSON. Mr. Speaker, I known, censure the President but do of those obligations. The President thank the gentleman for yielding. not impeach him. But we cannot. The maintains he did this. I believe beyond I just wanted to respond briefly to Republican Party will not let Ameri- a reasonable doubt that he repeatedly the gentleman from Florida (Mr. ca’s elected representatives either vote committed perjury. WEXLER), who preceded my colleague, for or even debate censuring the Presi- I do not believe our President should who argued that we were lowering the dent. It is a blatant abuse of the Re- be held to a lower standard of account- bar from impeachment by submitting publican Party’s majority power in the ability than other citizens who perjure articles of impeachment on perjury. Congress. themselves. I do not believe we are lowering the This Republican juggernaut, driven If anything, he should be held to a bar. In fact, I have no problem in set- by the right wing of their party and higher standard because of the trust ting a standard for future presidents in aided and abetted by the so-called Re- proposed in his office and because he is official court proceedings that would publican moderates, will forever dam- the chief law enforcement officer in a jeopardize their office for repeated in- age the constitutional balance of power Nation whose very foundation is the tentional acts of perjury. That is what in America. rule of law. Other Federal officials, in- we are doing, is maintaining a stand- cluding three judges, in the last dozen b 1245 ard. years have faced removal from office On the other side of the coin, if we Every future President will be look- after committing perjury. So should fail to act, then we are lowering the ing over his or her shoulder wondering our President. standard of conduct that we expect if future Congresses do not like the Therefore, Mr. Speaker, I will vote to from the chief executive officer of our President’s veto of a controversial bill refer articles of impeachment to the land not to commit perjury in official or do not like the President’s policies Senate. proceedings. or lifestyles, will that future Congress Mr. CONYERS. Mr. Speaker, I yield Mr. CONYERS. Mr. Speaker, I am controlled by a different political party 31⁄2 minutes to the gentlewoman from pleased to yield 4 minutes to the gen- appoint a special prosecutor and spend California (Ms. WATERS), the chair- tleman from New Jersey (Mr. ROTH- $40 million in 4 years investigating woman of the Congressional Black Cau- MAN), a distinguished member of the that President’s private life. If this cus and distinguished member of the Committee on the Judiciary. Congress impeaches the President on House Committee on the Judiciary. Mr. ROTHMAN. Mr. Speaker, this these grounds, today will go down as (Ms. WATERS asked and was given vote today is about one thing, the one of the saddest days in American permission to revise and extend her re- sanctity of the Constitution of the history for our country, for our Con- marks.) United States. gress and for the institution of the Ms. WATERS. Mr. Speaker, how The Founding Fathers were clear. American presidency. must our American soldiers feel to They created a strong presidency I beg the Republican majority, the have their Commander in Chief under where the executive was elected for 4- one that the people put in power and attack while they are engaged in bat- year terms. They did not want a par- that the people can remove from tle? They have the right to feel be- liamentary system where the Congress power, censure our President for his trayed and undermined. Today we are could remove the people’s choice unless wrongful conduct, let the civil and here in the people’s House debating the the President’s conduct had threatened criminal courts punish any of those of- partisan impeachment of the President the very stability of the country. fenses, but do not damage our Con- of the United States of America while The founders specifically rejected stitution by impeaching the President the Commander in Chief is managing a proposals to allow impeaching the on these grounds. crisis and asking world leaders for sup- President for poor character or for Mr. MCCOLLUM. Mr. Speaker, I yield port. morally bad behavior. They said it myself 30 seconds. This is indeed a Republican coup clearly. The President can only be im- Mr. Speaker, I simply want to re- d’etat. peached for treason, bribery, or other spond to one of the comments the gen- Mr. Speaker, Americans all, the Re- high crimes or misdemeanors against tleman from New Jersey (Mr. ROTH- publicans will couch this extremist the state. MAN) just made about the level to radical anarchy and pious language This high bar for presidential im- which it has to be for before we im- which distorts the Constitution and peachment has served our country well peach a president of the United States. the rule of law. Bill and Hillary Clinton for 210 years, so well in fact that only It certainly does not have to be presi- are the real targets, and the Repub- one president in our Nation’s history dential powers only. If the President of licans are the vehicles being used by has ever been impeached by this House. the United States committed murder, the right wing Christian Coalition ex- Now, driven by their hatred and loath- if he committed a lot of other crimes, tremists to direct and control our cul- ing of Bill Clinton and his policies, the it seems to me that those would be per- ture. The rule of law has been violated H11798 CONGRESSIONAL RECORD — HOUSE December 18, 1998 in denying the President notice of issue is whether the President is above Thomas, Jim Wright, on and on; we do charges, by the abuse of power in the the law and whether sexual harassment each other in in personal terms. Each collecting of so-called evidence and the in civil rights laws remain viable in ef- one of us has been given a most pre- denial of the presumption of innocence. fective protections for all Americans. cious gift, the right to represent some President Clinton is not guilty of the Despite record numbers of women 600,000 American citizens in the House trumped up charges presented in these working to support their families, of Representatives, and yet when it four articles of impeachment. Yes, Bill women are all too vulnerable in our so- comes time to be here for them we Clinton is guilty of certain indiscre- ciety to sexual harassment. If Congress seem to lose track of the fundamental tions in his private life. However, he turns a blind eye to the President’s be- issues of our times and instead focus did not commit high crimes and mis- havior, then we are turning our back to far too much on petty and partisan demeanors. Rather the President is those victims of sexual harassment. battles. This vote and this time will ei- guilty of being a populist leader who Every person, including Paula Jones, ther unite us and show the country opened up government and access to is entitled to certain rights under our that we are above partisanship and le- the poor, to minorities, to women and Constitution. This includes truthful galistic word games, or it will lay the to the working class. President Bill testimony from all parties, and that is foundation, I believe, for a growing per- Clinton is guilty of not being owned by why we are here, because the President manent divide in this Nation where the good ole southern boys or the good thought he could provide untruthful there is a left and a right while those ole eastern establishment. Mr. Speak- testimony to obscure the truth first in in the center, the great majority of our er, President Clinton is guilty of being his deposition in the Jones case and people, do not seem to matter. smart enough to outmaneuver the Re- later in his testimony before a Federal It is much more difficult to govern publicans in the budget negotiations, grand jury. here now, to do what is right for this electoral politics and the development Mr. Speaker, the President of the country at this time, to look not to le- and implementation of the people’s United States is not above the law. I galisms and parsed interpretations so agenda. am deeply disappointed that the Presi- valued on all sides, but to place the ac- Mr. Speaker, I am an African Amer- dent failed to uphold the public sacred tions of our President in the proper ican woman. I am accustomed to hav- trust and his own oath of office, but I context, to censure those actions with- ing to fight and struggle for fairness am also saddened by the need for this out undeniably and irrevocably harm- and justice. Ken Starr, I know and rec- Congress to arrive at this moment. As ing our democracy by lowering the ognize abuse of power when I see it; he we debate this issue some will argue threshold of impeachment. But we will is guilty. However, I am greatly dis- that impeachment is too harsh a pun- not allow that vote here today. appointed in the raw, unmasked, unbri- ishment or too inconvenient for our Many here have suggested that this dled hatred and meanness that drives Nation; however, it is the only appro- is not about sex. That is a very conven- this impeachment coup d’etat, the priate remedy given to us by the fram- ient decision for some to make. If it is unapologetic disregard for the voice of ers of our Constitution. not about sex, then we might think it the people. Mr. Speaker, I say to my Republican As a member of the Committee on is less hypocritical to sit here in judg- friends what they do here today will the Judiciary, I must say a final word ment of this President. long be remembered and recorded in in recognition of the chairman, the I might add this Nation and its peo- history as one of the most despicable gentleman from Illinois (Mr. HYDE). I ple have suffered greatly from the par- actions ever taken by the Congress of know that no one could have given the tisan battles that have only grown the United States of America. I dare President a fairer hearing. stronger in recent years. Jerry Ford, the Republicans of this House to allow So I appeal to every American to upon assuming the presidency after themselves to move just one inch and look deep into their conscience and Watergate, said our long national give me and my colleagues the oppor- weigh the consequences for our system nightmare is now over, and when re- tunity to vote for an alternative. I dare of justice if we allow the President of signing his speakership Jim Wright them to be fair. I dare them to allow us the United States to commit felony called upon his colleagues to end what to vote for censure. acts and not be held accountable for he called mindless cannibalism. But Mr. MCCOLLUM. Mr. Speaker, I yield his actions. today we find our nightmares continue 3 minutes to the gentlewoman from Mr. CONYERS. Mr. Speaker, I yield 3 and political cannibalism thrives and California (Mrs. BONO), a member of minutes to the gentleman from Califor- grows stronger. Sadly it was the late the committee. nia (Mr. FAZIO), a departing member of Vince Foster who recognized in Wash- Mrs. BONO. Mr. Speaker, I rise in our leadership. ington peoples’ lives are destroyed for support of the articles of impeachment. Mr. FAZIO of California. Mr. Speak- sport. I want to speak about this difficult er, this is the final moment in my 20- I ask my friends to put aside the par- issue not only to my colleagues but year career here in this House I love so tisanship, the legalisms and, yes, the also to the American people. Although much, and it is by far the saddest one. late hypocrisy. The American people there is much disagreement on this I am sad that a reckless President and deserve a clean slate for the next Con- issue, most Americans agree that we a Republican Congress driven by blind gress to build upon and renew its trust must resolve this matter as soon as animus for him have brought us to this and public confidence. This is our possible. I strongly believe that our moment in history. This is a moment chance. Let us unite this country with troops overseas must be reassured that where legalisms reign over human un- a vote against impeachment today and the business of our Nation will not be derstanding and acknowledgment that put an end to this open-ended and interrupted by the actions of a tyrant we are all sinners before our Lord, and mindless process of destroying the lives who will not heed the will of the inter- it is even more unfortunate that this of good and decent people who, yes, are national community despite the clear debate takes place when our troops are flawed and all too human. and convincing evidence that the Presi- in harm’s way. Mr. MCCOLLUM. Mr. Speaker, I yield dent of the United States committed My instinct is to stand here and 1 minute to the gentleman from Texas perjury before a grand jury, before a plead with my colleagues to consider (Mr. BRADY). Federal grand jury, lied to the Amer- the ramifications of what we will do, (Mr. BRADY of Texas asked and was ican people. The decision was not an but I fear this vote is a forgone conclu- given permission to revise and extend easy one for me or, in my belief, any of sion. Sadly it seems to have more to do his remarks.) my Committee on the Judiciary col- with our political affiliations and loy- Mr. BRADY of Texas. Mr. Speaker, leagues. Yet I firmly believe that we alties than anything else, and it must some Americans are not watching would not be fulfilling our oaths of of- be said that what we do here today is these proceedings. Instead in hushed fice as United States Representatives if to some degree driven by revenge. courtrooms across this country fami- we do not follow our duty as stated in Some of my colleagues obsess about lies slashed apart by violent crime and the Constitution. Slick Willie in the same way that those innocent people wrongly accused are We need to be realistic about what is on my side of the aisle used to about staring intently at a witness stand, and at the heart of this vote. The central Tricky Dick. Robert Bork, Clarence they are praying. For many their best December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11799 hope, perhaps their only hope, for jus- cure in the knowledge that this is the United States committed perjury or tice depends upon that witness telling right decision. This is the last issue I other illegal acts, then that matter the truth, the full truth, under oath. will address after 17 years in this body, must necessarily be reserved to this Truth does matter, and if it is no after thousands of votes, only a very Congress. longer the duty of the President to tell few of which I regret, and I do not want I agree that the private failings of a the truth under sworn oath, can we re- to regret this incredibly important public man deserve neither debate nor quire it of any American? The answer vote. That is why I have taken it so se- reprimand from this body, and yet pub- is no which is why justice, hope and riously. lic misconduct committed by that the Constitution demand that today we When John Quincy Adams after his same official deserves punishment of vote ‘‘yes.’’ term as President of the United States the fullest measure. After carefully studying all the facts, there is ran and won a seat in this House, he Based upon my solemn review of the strong and sufficient evidence to warrant a was criticized by his friends because evidence and historical precedents, I trial in the United States Senate. I intend to this was ‘‘beneath’’ his status as am firmly convinced beyond a doubt vote ``yes'' on each of the four articles of im- former President. He explained it is al- that William Jefferson Clinton used peachment of the President that were for- ways the highest honor to serve in the every conceivable means available to warded by the House Judiciary Committee. House of the People. him, including perjury and obstruction, In making this decision, I upheld my con- Mr. Speaker, no honor will rain on to defeat the legal rights of another stitutional responsibility to act as a fair and this House today if we vote to impeach. citizen who claimed she had been thoughtful juror. I weighed the evidence Let us be honest with ourselves: A vote wronged and who sought redress from against the charges and cast my vote without to impeach on the basis of the vexing our justice system, and, in that way, regard to polls, party or conjecture about any materials assembled by the Office of the President’s private indignities be- future presidential race. the Independent Counsel is a vote to came indignities against the Constitu- I am sad for the Nation because none of lower, dramatically and unalterably, tion by which we are governed. this needed to occur. It is only the second the bar to future impeachments. Our third branch of government has time in our Nation's history that a vote to im- Until now, the House has very much rightly said no individual is above the peach the President of the United States has held a high standard for impeachment, law, no single citizen can determine or taken place on the floor of the House of Rep- keeping with the Constitution dictum judge the merits of another case, save those clothed with the cloak of judicial resentatives. Unfortunately, this pain could that impeachment be reserved exclu- interpretation, and yet the President, have been prevented had the President simply sively for high crimes and misdemean- under penalty of perjury, bore false conducted himself decently and within the law ors. witness under oath, and Ms. Jones’ as do most Americans. There is so much discussion now rights to due process were violated. It is the duty of the President to tell the about what is a high crime. Let us That result, Mr. Speaker, is bad whole truth under sworn oath, as it is for every think about what was not. Remember enough in itself, but I believe it President Reagan and Iran-Contra? American. This truth is no less than the foun- reached constitutional proportions Four laws, serious laws, broken; re- dation of our justice system, as important as when the denial of a civil rights of an- member Harry Truman, taking over the constitutional rights of the accused. other citizen is directed by the Presi- If the President is held to be above the law, the steel mills, sending troops into dent of the United States. the ultimate and predictable consequence is Korea without letting the Congress Mr. Speaker, what we say here today that achieving justice in America's legal sys- telling him it was okay; Herbert Hoo- will be but paragraphs, perhaps even tem will become significantly more difficult. ver and what happened there with the footnotes, in the pages of history yet The necessity for the truth is reflected by the Federal Reserve funds. to be written by those to come. What appropriately severe punishment for those But there was no impeachment, Mr. we do here will be indelibly imprinted who willfully refuse to provide itÐwhich is up Speaker, because, as serious as these upon the American tradition. to five years imprisonment for each Federal allegations appeared at the time, im- Let not this House grant a pardon to violation. peachment never became a serious the President for his criminal offenses. Nobody has a more sacred obligation to proposition. Collectively, our prede- Let not history look back on this day obey the law than those who make and dis- cessors in this body understood fully and say there, on that date, America charge them. To its credit, America continues both the necessity of impeachment as surrendered the rule of law. There can to strive to preserve equality under the law as the ultimate bulwark against the po- be no presidential executive privilege a self-evident truth. It is essential to the com- tential tyranny of the executive, but to lie under oath. mon consent of citizens who must abide by also the very real threat impeachment Regrettably, my oath of office, my these laws. presents to the structure of our govern- sacred honor, requires from me a vote I am proud to represent the impressive new ment if improperly or too readily used. of ‘‘aye’’ on the resolution before this George Bush Presidential Library and Mu- Impeachment was the means of last re- House. seum which is located on the Texas A&M Uni- sort. Mr. CONYERS. Mr. Speaker, I am versity campus in College Station, Texas. En- Mr. Speaker, we should not vote to pleased to yield 4 minutes to the gen- graved on the southern exterior wall of the li- impeach today because it is neither tlewoman from California (Ms. brary, engraved high enough to catch the late necessary nor in step with precedent. LOFGREN) a member of the Committee afternoon Brazos Valley sun each day, is an Voting to impeach today is to partici- on the Judiciary. appropriate quote from our former President pate in an assault on the institution of Ms. LOFGREN. Mr. Speaker, the Re- whom I deeply admire and respect. the presidency and our delicate system publican Party in this House has made It is from his 1991 inaugural presidential ad- of checks and balances. a tragic decision for the Nation and a dress, and I take inspiration from it as I delib- I will vote ‘‘no’’ on all articles of im- decision that will permanently damage erated on this matter: ``Let future generations peachment for the sake of our poster- our constitutional democracy. understand the burdens and blessings of free- ity, and I urge my colleagues to do this The President of the United States dom. Let them say we stood where duty re- today, for the future of the country, for had a sexual affair. That was wrong. quired us to stand.'' the future of the United States of Then, like many others who misbehave Duty requires us to stand here today. The America. sexually, he tried to hide the affair. burdens of freedom demand we uphold the Mr. MCCOLLUM. Mr. Speaker, I yield That was wrong too. But then the Constitution regardless how tiring, how dis- 3 minutes to the gentleman from Mis- greater wrong occurred. The majority tasteful, how difficult. souri (Mr. HULSHOF). decided to give into the worst within Mr. CONYERS. Mr. Speaker, I yield 3 Mr. HULSHOF. Mr. Speaker, I thank themselves, their abiding hatred of this minutes to the gentlewoman from Con- the gentleman for yielding me time. President. The majority has decided to necticut (Mrs. KENNELLY), a departing Mr. Speaker, if the President of the discard our history, to damage our member of our leadership. United States simply committed adul- Constitution and to threaten our fu- Mrs. KENNELLY of Connecticut. Mr. tery, then that indeed is a matter that ture to get the President, all the while Speaker, I rise today to oppose these should be reserved to his family. If, on pompously pronouncing they are doing articles of impeachment, and I do it se- the other hand, the President of the the opposite. H11800 CONGRESSIONAL RECORD — HOUSE December 18, 1998 When the Founders wrote our Con- The capacity for self-deception is an Mr. KENNEDY of Massachusetts. Mr. stitution, they provided for the rare amazing phenomena, but the public can Speaker, what we are doing here on the remedy of impeachment that the Leg- see clearly what you are doing here floor today and throughout the night is islative Branch could utilize if the today. You say that the President’s just wrong. It is wrong for a lot of rea- elected President should engage in con- dishonesty about sex has destroyed our sons, but most fundamental is the fact duct that would threaten our constitu- constitutional form of government, but that, yes, the President made mis- tional government. Only once in our the people do not agree. They think takes; yes, in fact he misled his family, 211 years has Congress voted to im- that it is you who threaten our country he misled the public; and, yes, he in peach a president, and, in that era of by this cynical and political distortion fact tried to trick even maybe a grand 1868, it was also radical Republicans of impeachment. As is generally the jury. Whether it is perjury or not is a who misused the tool of impeachment. case, the American people have it different question. Much of the country is watching right. It is not too late to listen to But at its core, at its core, this is what we do here with anger, sorrow, them. You would honor your own oath about an individual, a man in our coun- fear and disbelief. I share with my con- of office by doing so. try, who had a wrongful affair. He lied stituents the feeling of unreality about Mr. MCCOLLUM. Mr. Speaker, I yield about that affair, and he has asked for these proceedings. The country is wait- 30 seconds to the gentleman from Flor- forgiveness. What is incredible is the ing for grownups to walk into this ida (Mr. CANADY). American people have looked into their Chamber and stop this madness, but, Mr. CANADY of Florida. Mr. Speak- conscience and found that forgiveness; alas, those Republicans with the matu- er, I must respond to the claim that people from all walks of life, from rity and judgment to ask that censure there are those of us who contend that every different corner of this country, be utilized as an alternative, such as the acts of the President have de- have found forgiveness. former President Ford and former Sen- stroyed our system of government. There is only one group of people ator Dole, have been ignored by the That is far, far from the truth. that I can find that cannot find that majority in this House. The question is not whether the forgiveness, and that is people that had The outcome appears clear: The Re- President has destroyed our system of been locked in struggle over so many government. We know that that has publicans will vote to impeach the questions dealing with the future of not happened. That is obvious. The President, whom they could not defeat this country against President Clin- question is whether by his conduct he at the polls, for reasons that do not add ton’s agenda over the course of the last has undermined the integrity of the up to treason, bribery or other high four years, and that is what this is all crimes and misdemeanors. As a con- law; whether by his conduct he has un- about. sequence, the Senate and the Supreme dermined the integrity of the high of- Court will be tied up for most of next fice that has been entrusted to him; b 1315 year. whether he has subverted the rule of Now, I know that there is a lot of The President will not be able to re- law; whether he has acted to set an ex- talk about morality today, and I think sign, no matter how you may urge it, ample which is harmful to our system that is good, I think that is healthy for because to do so would further destroy of government. our country. I think we ought to talk a the precedents that have protected our Mr. MCCOLLUM. Mr. Speaker, I yield little bit about morality. But I do not country for over two centuries. three minutes to the gentlewoman think that the only moral standard in This is not fair to the President, but from Connecticut (Mrs. JOHNSON). America ought to be about sex. I think that should not be our main concern. It Mrs. JOHNSON of Connecticut. Mr. there is a lot of moral things about our Speaker, above the entrance to the Su- is not fair to the minority in this country; there is a lot of immoral preme Court are four powerful words: House, but that is not the main prob- things about our country. And I look ‘‘Equal Justice Under Law.’’ Yet there lem either. This is unfair to the Amer- around our Nation today and I see lit- can be no equal justice without a judi- ican people. tle children that do not have enough By these actions, you would undo the cial process capable of reaching to the food in their bellies at night, and when free election that expressed the will of truth. That is why when one raises we talk about balancing the budget, the American people in 1996. In so their right hand and swears to tell the what do we do? We cut the food stamp doing, you will damage the faith the truth, the whole truth and nothing but program. When we talk about trying to American people have in this institu- the truth, each one of us must do it. stand up and make sure that we have tion and in the American democracy. That is why perjury is a serious crime. You will set the dangerous precedent It strikes at the heart of the only proc- decent schools in our inner cities, we that the certainty of presidential ess that protects each one of us from have a hellacious debate on the floor of terms, which has so benefitted our false accusations. this House. And yet, our schools are wonderful America, will be replaced by I will vote for impeachment, not be- still terrible. the partisan use of impeachment. Fu- cause the President has human We make pronouncements about ture presidents will face election, then frailties, but because he has committed these wonderful new changes that we litigation, then impeachment. The perjury repeatedly and willfully. Mari- have made in laws, but at its core, the power of President will diminish in the tal infidelity is not an impeachable of- truth is that there are too many people face of the Congress, a phenomena fense. Even lying to hide sexual indis- in poverty, there are too many kids much feared by the Founding Fathers. cretion is not impeachable. But the that do not have access to health care; Our constituency in this matter in- President does not have the right to lie there are too many families that do cludes not just the voters of today, but under oath, to commit perjury. not have enough food in their stom- the future grandchildren of my own No one is above the law, not even the achs, and those issues do not receive children. We have an obligation to gen- President. I believe perjury does meet even close to the amount of time and erations not yet born to preserve and at least the definition of high mis- effort and energy that we are now put- protect our wonderful system of gov- demeanor. In my mind, it certainly ting into trying to impeach the Presi- ernment. In that obligation you fail meets the measure of high crime. dent. your country today. In my judgment, our democracy is The President has put the wood to Some in the majority have told me far more capable of surviving a transi- the Republicans time and time again. they are entitled to their opinion about tion in power than surviving an erosion The President has put the wood to the whether or not the President’s mis- of fundamental obligations such as Republicans time and time again. He conduct meets the constitutional that to tell the truth under oath and to has taken away the issue of crime, he standard. Some Americans believe treat all citizens equally under the law. has taken away the issue of taxes. He aliens will arrive in spacecraft, but it Mr. CONYERS. Mr. Speaker, I yield 4 has taken away so many of the issues does not make it so. You say the Presi- minutes to the gentleman from Massa- that my colleagues in the past have dent’s deception about sex has de- chusetts (Mr. KENNEDY). had leadership roles on, and so they get stroyed our system of government. (Mr. KENNEDY of Massachusetts angry at him. That is okay, they can Some of you have actually convinced asked and was given permission to re- get angry at him. But to dumb down yourselves that is true. vise and extend his remarks.) the impeachment process and to allow December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11801 this to be used not just by my Repub- exceptions for anyone, particularly the think that is wrong, and so do most of lican colleagues, but by people that chief law enforcement officer of the my colleagues. But that is not against will serve after me certainly, and peo- United States, would be to undermine the law and that is not a reason to im- ple that will serve after everybody in this rule of law. peach. Voters are the ultimate judges this institution and allow this to be For the benefit of our country to set in those cases. But here we are talking utilized in a partisan critical manner is an example for our children, our grand- about the law. an immoral act on the part of the Re- children and future generations, we As we search our conscience today to publican Party. must maintain our high ideals. That cast our votes, let us remember the I am so sorry that the final vote I the President has failed to meet the rules and laws on which our Nation was cast here on the House floor is going to standard does not mean we should founded. No one is above the law. Let be over an issue that is so partisan in lower it. us vote to uphold that American prin- nature. Let us come together and let us Our constitutional duty in the House ciple today. find the forgiveness that the American is to decide whether to impeach or ac- Mr. CONYERS. Mr. Speaker, I yield 3 people have found for President Clin- cuse the President of wrongful actions. minutes to the gentlewoman from the ton, that his own family has found for The Senate’s duty is to render judg- Virgin Islands (Ms. CHRISTIAN-GREEN). him, so that many millions of people ment and decide punishment. So if a Ms. CHRISTIAN-GREEN. Mr. Speak- across this planet want him to have. sanction other than removal from of- er, I rise today with a solemn, fearful Give him forgiveness. He recognizes he fice such as censure is ever considered, and heavy heart as I face the stark re- did something wrong. He is trying to it should be initiated by the Senate. ality that this House and lame duck right it. Find in your hearts the for- And, ultimately, any outcome must be Congress is going to disregard the will giveness that he asks for. supported by the American people. of the American people and, to quote Mr. MCCOLLUM. Mr. Speaker, I yield This is not a decision to go forward this week’s Hill Newspaper, ‘‘unleash 5 minutes to the gentleman from Texas because of a ‘‘private relationship.’’ It the awesome power of impeachment in (Mr. SMITH), a member of the commit- involves the most public of relation- a blatantly partisan manner for what tee. ships, that between a citizen and the hardly measures up to high crimes and Mr. SMITH of Texas. Mr. Speaker, I justice system, and that between the misdemeanors.’’ thank my friend from Florida for yield- President and the American people. It It is what this body is about to do, ing me this time. is about honor and telling the truth. It while we are at war, that comes closer Mr. Speaker, let us return to the is about respect for the law, respect for to meeting that constitutional stand- Constitution. Members of this House of the office of the presidency, respect for ard than anything our President is Representatives have a solemn task the American people, respect for the charged with. How will the sober hand specifically assigned to us by the au- officers of the court, respect for of history judge us? thors of that Constitution. Whatever women, and ultimately, our own self My colleagues, the American people happens today, whether the President respect. overwhelmingly continue to oppose the is impeached or not, our Nation is During this difficult but necessary impeach- impeachment of their twice-elected going to endure. We are a strong people ment process, I've relied on several people for President. They are no fools. They rec- and we have a Constitution that works. their helpful ideas. Although they shouldn't be ognize the blatant unfairness of the A quarter of a century ago, we ar- held accountable for my views, I do want to process, and while they do not condone rived at a similar point. President thank my perceptive wife, Beth Schaefer, and what the President did, they under- Clinton’s defenders say this is not Wa- special friends, Judge Cyndi Krier, John stand that he has committed no im- tergate. They are right to the extent Lampmann, and Judge Tom Rickhoff, for giv- peachable or constitutional crime. that the underlying behavior does not ing me the benefit of their wise counsel. But we do not have to just go by pop- involve the bungled break-in of a cam- Mr. Speaker, I yield the balance of ular opinion. More than 400 historians paign headquarters; rather, it involves my time to the gentleman from Texas and constitutional scholars have a reckless relationship in the White (Mr. BONILLA), my friend and colleague. opined that the allegations put forth in House itself with a young employee Mr. BONILLA. Mr. Speaker, I thank the Starr report ‘‘do not cross the that the President hardly knew. my friend from San Antonio for yield- threshold of high crimes and mis- President Nixon did not lie repeat- ing to me. demeanors warranting impeachment edly to a Federal judge and then to a Mr. Speaker, this is a Nation founded under the Constitution.’’ grand jury of citizens charged with dis- on rules and laws. We are a young I agree with the comments I have covering the truth. President Clinton country, but we are the greatest that heard as early as this morning that did. But President Clinton, like Presi- has ever existed. America is strong and this is not about the President’s behav- dent Nixon, did obstruct justice by en- gets stronger because we are passion- ior with Monica Lewinsky, but neither couraging others to lie, and both ate about our laws, of which no one is is this about so-called legitimate abused their offices by violating their above. If one is a mayor, a police offi- charges of perjury, obstruction of jus- oath to uphold the laws of our country. cer, a Senator or a President, one must tice, or abuse of power. It has been The President has escaped account- obey the law, just like any other citi- clearly shown time and time again that ability for his actions time after time. zen. none of that occurred. His intelligence, pleasing personality American law and our system of jus- What this is about is a purely par- and way with words have saved him, so tice relies on truth, truth presented by tisan attack on Bill Clinton, the man; far. Perhaps the most accurate descrip- witnesses sworn before God. Those who on Bill Clinton, the people’s President; tion of his pattern of behavior is a have appeared before grand juries in and make no mistake, it is also about campaign slogan used by a New York this country know it is a daunting ex- a very popular First Lady. senatorial candidate against his oppo- perience, knowing that if you stumble, By his own admission, the President nent this year: ‘‘Too many lies, for too if you lie, you could commit perjury has sinned. He was contrite and has long.’’ and maybe wind up in jail. asked for our forgiveness and the for- Last week I listened to the Presi- Thousands of Americans have been giveness of the American people. It is dent’s most recent apology, and I agree prosecuted and have criminal records time for us to come together as a Na- with him. I cannot imagine a greater because they perjured themselves like tion, support our troops in the Middle agony than being ashamed before one’s the President. The President’s own East, and put this matter behind us. family and friends. But emotions can- Justice Department regularly pros- The American people want and need us not change the evidence or the facts, ecutes Americans for perjury, and yes, to get back to the work on the issues nor should they control our actions. they are prosecuted for perjury in cases that will improve their quality of life. If the President will not resign, we of sexual harassment. This is a season of peace. I hope must go forward. Our entire justice We are not talking politics here. In against hope that my words and the system rests on the rule of law. With- politics, a President may lie to the words of others who have called for for- out it, we would not enjoy a civilized American people on television, in town giveness and healing at this time can and democratic society. To carve out meetings, and even in political ads. I soften the hearts of my colleagues who H11802 CONGRESSIONAL RECORD — HOUSE December 18, 1998 would seek to throw our Nation into vote is based on the following prin- convinced that forgiveness is a relational turmoil over politics. I urge my col- ciples: The first, a commitment to the term that does not function easily within leagues to heed the wishes of those who truth. It is essential to a just society. the sphere of constitutional accountability. A wronged party chooses forgiveness instead sent us here to tend to their concerns. A commitment to the truth is the of revenge and antagonism, but this does not Make real and true the claim of con- foundation of our democracy and our relieve the wrong-doer of consequences. science and constitutional responsibil- freedom. When the president continues to deny any li- ity. Do not lower the bar for impeach- b 1330 ability for the sins he has confessed, this ment. Reject this partisan impeach- suggests that the public display of repent- ment process. We should have a cen- The second is, actions and behaviors ance was intended to avoid political disfavor. sure vote, but if that will not be al- matter. Only God can search and sift CENTRAL TO SURVIVAL lowed, then vote for the Constitution, the soul. Because we cannot read the 3. We are aware that certain moral quali- vote for this country. Vote ‘‘no’’ on im- heart, we must rely on actions and be- ties are central to the survival of our politi- cal system, among which are truthfulness, peachment. haviors. Certain actions and behaviors are inconsistent with the office of integrity, respect for the law, respect for the PARLIAMENTARY INQUIRY President. dignity of others, adherence to the constitu- Mr. ARMEY. Mr. Speaker, I rise to a tional process, and a willingness to avoid the Third, forgiveness does not absolve point of parliamentary inquiry. abuse of power. We reject the premise that The SPEAKER pro tempore (Mr. one of responsibility for actions, nor violations of these ethical standards should relieve one of the consequences of LAHOOD). The gentleman will state it. be excused so long as a leader remains loyal Mr. ARMEY. Mr. Speaker, I will be those actions. to a particular political agenda and the na- very brief. Earlier I asked for unanimous con- tion is blessed by a strong economy. Elected sent, and at this time I will submit for leaders are accountable to the Constitution Mr. Speaker, as I understand the and to the people who elected them. By his Rules of the House as it governs the the RECORD an article out of the Wall Street Journal entitled ‘‘Religion own admission, the president has departed discourse in the House, it is very clear, from ethical standards by abusing his presi- and it has been a time-honored tradi- Should Not Be Used as a Political dential office, by his ill use of women, and by tion that has served this House well, Tool,’’ signed by 85 religious scholars. his knowing manipulation of truth for inde- that we not, in House debate, make dis- In that, it says, ‘‘We challenge the fensible ends. We are particularly troubled paraging remarks or characterizations widespread assumption that forgive- about the debasing of the language of public ness relieves a person of further re- discourse with the aim of avoiding respon- about the motives of other Members of sibility for one’s actions. the Chamber. I must say I am very sad- sponsibility and serious consequences.’’ I commend this article to all my col- 4. We are concerned about the impact of dened to report, Mr. Speaker, I have this crisis on our children and on our stu- been listening to several speakers, and leagues and introduce it here. dents. Some of them feel betrayed by a presi- The material referred to is as follows: that I have seen frankly quite caustic dent in whom they set their hopes while oth- and harsh characterizations of the mo- [From the Wall Street Journal] ers are troubled by his misuse of others, by tives of the Members. RELIGION SHOULD NOT BEA POLITICAL TOOL which many in the administration, the polit- ical system, and the media were implicated We ask each Member to look into The following statement—‘‘Declaration Concerning Religion, Ethics, an the Crisis in in patterns of deceit and abuse. Neither our their heart and each Member that does students nor we demand perfection. Many of so knows that only God can do so also, the Clinton Presidency’’—was signed by 95 religion scholars, including Paul J. us believe that extreme dangers sometimes and I would ask the Speaker, would it Achtemeier (Union Theological Seminary), require a political leader to engage in mor- be appropriate, Mr. Speaker, for me to Karl Paul Donfried (Smith College), Jean ally problematic actions. But we maintain ask on behalf of the dignity of this Bethke Elshtain (University of Chicago), that in general there is a reasonable thresh- Chamber to exercise the authority of Stanley M. Hauerwas (Duke University), old of behavior beneath which our public the Chair to remind Members of these Robert Peter Imbelli (Boston College), Max leaders should not fall, because the moral L. Stackhouse (Princeton Theological Semi- character of a people is more important than protocols and respects, and perhaps if the tenure of a particular politician or the nary), and Harry Yeide (George Washington necessary enforce them so that we on protection of a particular political agenda. this side may not find ourselves com- University): As scholars interested in religion and pub- Political and religious history indicate that pelled to raise it as a point on the floor lic life, we protest the manipulation of reli- violations and misunderstandings of such moral issues may have grave consequences. during the debate. I thank the Chair. gion and the debasing of moral language in The widespread desire to ‘‘get this behind Mr. McCOLLUM. Mr. Speaker, I yield the discussion about presidential responsibil- us’’ does not take seriously enough the na- 5 minutes to the gentleman from Ala- ity. We believe that serious misunderstand- ture of transgressions and their social ef- ing of repentance and forgiveness are being bama (Mr. BACHUS). fects. (Mr. BACHUS asked and was given exploited for political advantage. The result- 5. We urge the society as a whole to take permission to revise and extend his re- ing moral confusion is a threat to the integrity account of the ethical commitments nec- marks, and include extraneous mate- of American religion and to the foundations essary for a civil society and to seek the in- rial.) of a civil society. In the conviction that poli- tegrity of both public and private morality. tics and morality cannot be separated, we Mr. BACHUS. Mr. Speaker, Congress While partisan conflicts have usually domi- consider the current crisis to be a critical nated past debates over public morality, we has arrived at the time when we and moment in the life of our country and, there- the Nation must look beyond the polls, now confront a much deeper crisis, whether fore, offer the following points for consider- the moral basis of the constitutional system the media, and beyond the political ation: itself will be lost. In the present impeach- rhetoric and consider the grave matter MISUSE OF RELIGION ment discussions, we call for national cour- of voting on the impeachment of the 1. Many of us worry about the political age in deliberation that avoids ideological Nation’s President. We stand at a mo- misuse of religion and religious symbols division and engages the process as a con- ment of defining action, one that will even as we endorse the public mission of our stitutional and ethical imperative. We ask require each of us to state for the churches, synagogues and mosques. In par- Congress to discharge its current duty in a manner mindful of its solemn constitutional RECORD our commitment to the prin- ticular we are concerned about the distor- tion that can come by association with presi- and political responsibilities. Only in this ciples involved in this case. way can the process serve the good of the na- As the gentleman from Florida, a dential power in events like the Presidential Prayer Breakfast on Sept. 11. We fear the re- tion as a whole and avoid further sensa- member of the minority said earlier, ligious community is in danger of being tionalism. our decision is not about Bill Clinton, called upon to provide authentication for a EXTENDED-DISCUSSION it is not about personalities, it is not politically motivated and incomplete repent- 6. While some of us think that a presi- about partisanship, it is not about Re- ance that seeks to avert serious consequences dential resignation or impeachment would publicans or Democrats. Popular opin- for wrongful acts. While we affirm that pas- be appropriate and others envision less dras- ion and polls cannot dictate our course toral counseling session are an appropriate, tic consequences, we are all convinced that of action. Duty, honor, and obligation confidential arena to address these issues, we extended discussion about constitutional, must. Ageless principles must. fear that announcing such meetings to con- ethical and religious issues will be required vince the public of the president’s sincerity to clarify the situation and to enable a wise On this solemn occasion, I will vote compromises the integrity of religion. decision to be made. We hope to provide an for impeachment. People, politics, and 2. We challenge the widespread assumption arena in which such discussion can occur in polls change. Presidents come and go. that forgiveness relieves a person of further re- an atmosphere of scholarly integrity and ci- Fundamental principles do not. My sponsibility and serious consequences. We are vility without partisan bias. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11803 Further, our children must have posi- By setting a standard which goes be- All of us knew it was wrong, and we tive role models; someone has said, yond the Constitution, and, my Repub- railed against it. But today somehow more now than ever. There is a stand- lican colleagues, beyond the historic we are willing to apply a different ard of conduct below which our leaders position of our party, we are, however standard, a different principle. That is must not fall. well-intentioned, continuing our spiral wrong. In conclusion, I commend to Mem- toward a government subject to the This is a sad day for our country. It bers the words of George Washington whims of independent counsels and is a sad year for our Nation, because of at the eve of the battle of Valley based on the frenzied politics of the the conduct of the President, but also Forge: ‘‘Let us raise a standard to moment, rather than a government of because I believe that as Republicans, which the wise and the honest may re- immutable principles and transcendent we have failed to rise to our obligation. pair. The event is in the hands of God.’’ institutions. As a matter of conscience I must vote Mr. CONYERS. Mr. Speaker, I yield 3 This is not a decision which came against impeachment, and I rue this minutes to the gentleman from Ohio easy to me. It is not a position which I day. (Mr. TONY HALL). particularly enjoy. No one has a higher Mr. CONYERS. Mr. Speaker, I yield 3 Mr. HALL of Ohio. Mr. Speaker, I respect than I do for the gentleman minutes to the gentleman from New thank the gentleman for yielding time from Illinois (Mr. HENRY HYDE). To me York (Mr. MAJOR OWENS), an outstand- to me. he is the conscience of this House, and ing member of the committee. Mr. Speaker, I rise in opposition to it causes me great pain to in any way (Mr. OWENS asked and was given these articles of impeachment. The differ from him. permission to revise and extend his re- President is guilty of conduct But I feel I have no alternative. I marks.) unbefitting his office. However, despite strongly believe that for a president to Mr. OWENS. Mr. Speaker, I ask my his actions, I do not believe they rise be impeached, a president of the United colleagues to pardon my ignorance, but to the level of high crimes and mis- States to be impeached, for an election I am not a lawyer and I have not been demeanors, which is the requirement to be undone, there must be a direct impressed with the legal gymnastics of the Committee on the Judiciary hear- the Constitution sets for removal from abuse of presidential power. There ings. office. must be a president abusing the CIA, Like the majority of the American Within this House, as throughout the abusing citizens with the IRS or the people, I watched and listened, and in Nation, there is a mood of anger and FBI, a crime comparable to treason or the end I concluded that in any court frustration and betrayal. Retribution bribery. of common sense, this is a case that through impeachment may feel right I would say to my colleagues that my would have been immediately dis- today, but the long-term harm it will position, I believe, is rooted in Repub- missed. No man in America is above cause our government outweighs filling lican philosophy. I go back to the Wa- the law. The converse should also be the immediate satisfaction. tergate hearings of 1974, when Presi- true, no citizen, even a feared partisan I also strongly object to the provi- dent Nixon’s most eloquent defender, enemy, should be denied the benefits of sion in the articles which disqualifies subsequently appointed to the United the law, of the due process and of equal the President from holding any future States Court of Appeals by President justice. office, and it goes on to say other Reagan, Congressman Charles Wiggins, Our defendant is an outstanding citi- things. What it essentially means is al- came back and testified before the zen who has done great service for his most anything that is commissioned, committee, and said that if he were a people, for his government. On the that has any kind of Federal monies in Member of Congress today, he would basis of the charges before us, what it, XYZ commission, a nonprofit orga- vote against impeachment. prosecutor anywhere in America would nization, he cannot fulfill that as a re- But there is even a larger issue here: press forward with this case and a de- sult of this particular clause. Where are we going as a Nation? Quite mand for such a harsh punishment? This goes too far. It is a too severe. frankly, when I hear Members on the Examining the extenuating cir- The House does not have the moral au- other side rise up in such opposition to cumstances related to the outstanding thority to judge that the President is this impeachment, I say, where were performance and the exemplary accom- forever unredeemable. A strong resolu- they during the times of Robert Bork, plishments of this defendant, what or- tion of censure is the appropriate re- Clarence Thomas or John Tower? dinary judge in any court, in any coun- sponse by the House of Representa- But two wrongs do not make a right. ty in America, would allow the trial to tives. Let the House go on record con- We are a Nation consumed by inves- go forward? demning the President in the strongest tigations, by special counsels. We are a This defendant, this President, has terms. Nation consumed by scandal. We are been denied his basic rights. He is not Censure is a harsh enough punish- driving good people from government. a beneficiary of the rule of law. This ment. It expresses the profound dis- What we are talking about here in this defendant is a victim of organized par- appointment of the American people, case, the President’s conduct, was ille- tisan persecution. It is not fair, it is and it will stay with the President for gal, it was immoral, it was disgraceful, not just. The majority of the American the rest of his life and throughout his- it was indefensible, but the fact is, I people are angry, for good reasons. The tory. Censure will spare the Nation the don’t believe rises to the level of trea- voice of Shakespeare’s King Lear is agony of a Senate impeachment trial son or bribery. ringing in our ears: ‘‘Fool me not to and the possible removal of the Presi- The principle we are setting that in bear tamely. Touch me with noble dent. the future, all of us, anyone who as- anger.’’ I regret that the House leadership sumes the office of the presidency, is Consider the record of the defendant. will not permit a censure resolution subject to civil depositions, subject to This is the education President, who from coming to the House floor for a lawsuits, and then to have that deposi- has gone beyond lofty rhetoric and vote. This denies the House the oppor- tion examined and scrutinized by an done more for education than any tunity to work its will. Impeachment Independent Counsel, how many of our President since Lyndon Johnson. In is not the answer to the challenge the former presidents would we have lost if Haiti they have cheered him as the lib- House faces in responding to the Presi- this was the case, if this rule of law, if erator. In the Middle East and North- dent’s action. this principle, had prevailed in prior ern Ireland they have hailed him as the Mr. MCCOLLUM. Mr. Speaker, I yield times, and prior times of crisis? great peacemaker. In Yugoslavia, Bos- 3 minutes to the gentleman from New Also, I would ask my fellow Repub- nia, Sarajevo, they give him thanks as York (Mr. KING). licans, throughout the 1980s we saw the an angel of mercy who stopped the Mr. KING. Mr. Speaker, I rise today abuses of special counsels by Lawrence mass slaughter of innocent men and in opposition to the articles of im- Walsh and others as they went against women and children. On Wall Street peachment. My opposition to impeach- members of the Reagan and Bush ad- this President is celebrated as a master ment has nothing to do at all with Bill ministration. We saw good people like of macroeconomic policy-making. Clinton, but everything to do with the Elliott Abrams brought down on the In all endeavors where it has office of the presidency. flimsiest of charges involving lying. mattered most, this defendant has done H11804 CONGRESSIONAL RECORD — HOUSE December 18, 1998 his duty well. Why is this defendant be- understand some perspective on what ment on is when the serious nature of fore us? Why is the political death pen- we are debating. this matter came before us. Because at alty being demanded? Our posterity First of all, those on this side of the this moment the President committed will spit upon us for allowing this mad- aisle do not view this as a bipartisan the crime of obstructing the law, ob- ness to reach this level. issue. In fact, as Republicans it is not structing justice. And the path was set It is not too late for all Members to in our political interest to see the for a scheme in which he engaged with truly vote their conscience. Good men President of United States impeached Monica Lewinsky and others to conceal and good women can often be hypno- and removed from office. The last thing the truth from the Paula Jones case tized momentarily by the collective in the world we would want politically, and deny Paula Jones her rights and fervor of the crowd. Today in this pro- on a rational basis, is to see Mr. GORE, then later to lie to the grand jury, to ceeding extreme punishment is the Vice President GORE, assume the presi- conceal the truth from a criminal only item that is allowed on the agen- dency and be in the office for a while, grand jury as well as from the public. da. The majority is demanding excom- and to have to combat that, and to What happened next is fairly munication. The loud cry is for banish- have established that position for the straightforward. During the period of ment. This is a political crucifixion. year 2000 elections. the month of December, there came up Responsible decision-makers have tem- We do believe in principle. We are the issue of gifts because Monica porarily lost their reason. concerned about what is going to hap- Lewinsky had a subpoena to produce I call upon every Member to break pen to our court system and what the any gifts the President had given her the spell. Forget we are under the glare message would be of failing to im- in the Jones case. And the President of television cameras in Washington, peach. That is why we are so ardent and she had a conversation about that and imagine that we are back home in about this, for no other reason. shortly after Christmas, in which she a local courtroom. The defendant be- Having seen what the President has suggested maybe she should hide those fore us deserves equal treatment, equal done, the multiple crimes of perjury gifts or give them to the President’s justice. Let us be fair. Let us be rea- and obstruction of justice that I hon- secretary to keep. The President said, sonable. Let us consider the extenuat- estly believe he has committed, it ‘‘I don’t know, I have to think about ing circumstances. Let us dismiss this would be an irresponsible act on my that.’’ case now. part to ignore it and to suggest that A couple of hours later the evidence censure were an appropriate result and Mr. MCCOLLUM. Mr. Speaker, I yield shows that is before us, Monica myself 9 minutes, and I yield to the an appropriate way to address this. Lewinsky received a call from Betty Having said that, let us go over for a gentleman from California (Mr. Currie. We have the President’s sec- minute the facts of where we are with ROGAN). retary, we have a telephone record this. What we are dealing with is a Mr. ROGAN. Mr. Speaker, I thank showing that call, even though Ms. President who was sworn into office, the gentleman for yielding. Currie did not recollect that she made took an oath to uphold the laws of the Mr. Speaker, I would like to respond the call. She thought Monica made it Nation, then faced a lawsuit, a civil very briefly to the commentary from to her. We have a record showing it suit, in a civil rights sexual harass- the gentleman who preceded the gen- came from Ms. Currie who said, accord- ment suit by a woman named Paula tleman from Florida in the well. The ing to Ms. Lewinsky, and I believe Ms. Jones. Lewinsky on this, that the President gentleman said that no reasonable Long before that suit had any wit- suggests that I call you to pick up prosecutor or judge would come for- ness list published, he and Monica something. And a little while later, Ms. ward on such an overwhelming case of Lewinsky had an arrangement that Currie went over to Lewinsky’s home, perjury and bring this case before the they agreed to lie about the affair that picked up gifts that Lewinsky pack- court. they were having if anybody asked I have some authority to speak on aged and put them under her bed. An- them. Then somewhere along the way, this, having spent 10 years as a deputy other obstruction of justice. in December a year or so ago, there district attorney in Los Angeles coun- Then in early January, in early Jan- was a subpoena prepared and a witness ty and as a criminal trial court judge uary the President was talking to Ver- list appeared for Monica Lewinsky. non Jordan, who is his good friend and in Los Angeles county. The President called her and told her counselor, and arranged for Monica Under the Clinton Justice Depart- in a telephone conversation that she Lewinsky to have an attorney to pre- ment, since President Clinton became was on the witness list, and they talk pare that affidavit we talked about. president, some 700 people have been about their cover stories that they had Along the way, in the process of pre- tried and convicted for perjury and per- previously discussed about what they paring that affidavit, finally on Janu- jury-related crimes. As we speak today, would say about what they were doing, ary 7, she signed it. And Vernon Jordan Mr. Speaker, some 115 people sit in so they did not have to reveal the rela- testified he informed the President of Federal prisons as a result of their con- tionship. viction on perjury charges. Those are In that same phone conversation, the that. What do you know, the next day, people that were prosecuted and con- President suggested she could file an on January 8, for the first time Mr. victed by the Clinton Justice Depart- affidavit in order to avoid testifying. Jordan, although asked much earlier ment. He suggested that, I submit, knowing often to help get a job for Monica In my own home State of California, full well that it was going to be a false Lewinsky by Monica finally made a since Bill Clinton became president, affidavit. call to the head of Revlon Corporation there have been some 16,000 prosecu- and secured a job for Monica and re- tions for perjury. So the suggestion b 1345 ported that fact back to the President. that perjury charges would not be What Monica Lewinsky said, and she And then what happens next? The brought in an appropriate case is incor- said this under oath, and I believe very President goes to testify. The Presi- rect. credibly, to the grand jury, she said, dent goes to testify in the deposition Further, the gentleman’s comments ‘‘It wasn’t as if the President called me he gave in the Paula Jones lawsuit. go directly, once again, to the point and said, you know, Monica, you are on And during that deposition, we all saw that we are debating here: whether the the witness list, this is going to be some of the television film of that dep- standard that we set during Watergate, really hard for us. We are going to have osition in the Committee on the Judi- which was no person is above the law, to tell the truth and you will be hu- ciary the other day. The President ob- will continue to be the standard for our miliated in front of the entire world served his attorneys referring to the af- Congress and our country, or whether about what we have done, which I fidavit that he knew was false and he we are going to make exceptions for would have probably fought him on. affirmed the truth of that affidavit people who happen to have high rank That was different. And by him not that he knew was false. He affirmed the and privilege, and share one’s party af- calling me and saying that, you know, fact that in that affidavit it said that filiation. I knew what that meant.’’ he and Monica essentially were never Mr. MCCOLLUM. Mr. Speaker, I They knew that that affidavit was alone, not just that they did not have think it is important today for us to going to be false, and from that mo- particular relations. He went on to lie December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11805 then about the specific acts that he en- were 16,000 cases of perjury in the State what goes around ultimately, gaged in with her. He was given a defi- of California alone. I would beg him to unfailingly and always comes around. nition. And even taking his interpreta- supply at any time at his convenience Mr. MCCOLLUM. Mr. Speaker, I yield tion of the definition the court in that any indication for the RECORD what 30 seconds to the gentleman from Ar- case gave him and assuming that that source he uses for that statement. kansas (Mr. HUTCHINSON). rather far out definition was accurate, There are some that question whether Mr. HUTCHINSON. Mr. Speaker, I if you believe Monica Lewinsky, and there are 16,000 cases a year in all of just want to respond to the gentleman she has been corroborated by 7 contem- our courts much less one State. from Michigan (Mr. CONYERS), who poraneously told friends and relatives My friend, the gentleman from Flor- raised the issue about the corrobora- who were witnesses in this under oath ida (Mr. MCCOLLUM) has now brought tion of Monica Lewinsky’s testimony that what she said is correct, they en- forward a matter that has been aired in the cell phone call. In fact, Monica gaged in sexual activity under the defi- sufficiently in the Committee on the Lewinsky gave a statement 7 months nition in that report and the court, and Judiciary that he could not possibly after the December 28 incident con- the President lied about. He lied about have forgotten, that the cell phone in- cerning the gifts. And in her testimony a lot of other things in that deposition. cident occurred 11⁄2 hours after the gifts she was asked how she knew that Betty He then went on after that, while he, were returned. Now, perhaps he has a Currie was coming over. She thought in that deposition, referred often to his lapse of memory. The record is clear in there was a cell phone or a telephone secretary Betty Currie, to then call our hearings and why this would be in- call, and it was my cell phone. The Betty Currie to come over to visit him troduced at this time is beyond this records were checked that corroborated the following day right after he had Member. the testimony of Monica Lewinsky left the deposition. And he talked to I thank the gentleman for yielding to even though it was 7 months later. The Betty Currie. Why did he call her up? me. telephone call was about 3:37. I think He called her in his office and he said Mr. JEFFERSON. Mr. Speaker, at there is documentary corroboration of to her, to corroborate, he says, ‘‘You what point shall we expect the ap- her testimony. were always there when she was there; proach of danger? By what means shall Mr. MCCOLLUM. Mr. Speaker, I yield right? We were never really alone. You we fortify against it? Shall we expect 6 minutes to the gentleman from Ten- could see and hear everything. Monica some transatlantic military giant to nessee (Mr. BRYANT), a member of the came on to me and I never touched her, step the ocean and crush us at a blow? committee. right? She wanted sex with me and I Never. All the armies of Europe, Asia Mr. BRYANT. Mr. Speaker, let me can’t do that.’’ and Africa combined with all the treas- also respond regarding an inquiry that Well, Ms. Currie twice testified under ure of the earth in their military our colleague from California made on oath the President said this to her. chests, with a Bonaparte for a com- the statistics of perjury from that Any interpretation is ridiculous other mander could not by force take a drink State. I too have seen those numbers. I than one that assumes the President from the Ohio or make a track on the think rather than an annual one-year expected her to be a witness, even if Blue Ridge in a trial of a thousand listing of some 16,000, I think the more she wasn’t on the witness list. That is years. accurate statement would be that over a crime of witness tampering or ob- So spoke President Lincoln in 1838 the last 5 years some 16,000 people have struction of justice, and the list goes about the power of America. But he been prosecuted for perjury in the on. coupled this declaration of our world State of California on a rising trend, The sad fact is, I do not want to be dominance with a warning and admoni- unfortunately, for this country. here any more than you do. I do not tion of how we could lose it, which is Also fortunate for this debate for the want to impeach this President any apropos here. He said then, at what most part the facts of this case have more than you do. This is not a happy point then is the approach of danger to been conceded. We have dwelt our time day for me or anyone else here. But the be expected? I answer, if it ever reach on higher things such as are these im- President of the United States commit- us, it must spring up amongst us, it peachable offenses. And that is a good ted multiple felony crimes, not just cannot come from abroad. If destruc- statement; that is a good question. one instance, not just having some re- tion be our lot, we must ourselves be That is a good area of debate for us. lationship which we would have no its author and finisher. Had the President limited his con- business being concerned with on im- I hope as Lincoln hoped against hope duct to the oval office and not stepped peachment, but he committed multiple then that I am overwary today about outside to participate in the cover-up, I felony crimes of perjury, witness tam- the wounds we are inflicting upon our- would suggest, and I think most of my pering, obstruction of justice. The evi- selves, our Constitution and our body colleagues would agree on the House dence is very clear about it. politic by this unfair rush to judgment floor, that we would not be here today. And to fail to impeach him would against our President. Like Lincoln Certainly we do not agree with what he send an awful message to the country- then, I worry now about the wild and did in the oval office, but that does not side that we have a double standard in furious passions aimed to bring this rise to the level of impeachable con- this country, that the President, who is President down rather than an exercise duct. the chief law enforcement officer, the of sober judgment to lift up the true This is not about sex. This is about Commander in Chief of the uniformed meaning of our Constitution. what happens when you take a poll and services of this country, is allowed to Like Lincoln, I worry that even that poll tells you whether or not to get away with perjury. I submit if we though we are the preeminent power in tell the truth. That poll tells you that do not impeach him, we will send a the world today, that this grating, this they will not accept your perjury. And message that will result in more people chipping away at the high ideal of im- the President says, well, we will just lying in court and committing perjury peachment leads us further down the have to win. And this case, this im- than they do already. And that is on road to constitutional death by suicide peachment proceeding is about what the rise. It is a very, very serious mat- of a free society. High crimes and mis- occurred after that, the cover-up. ter. demeanors, not all crimes and mis- One of the charges in this article, se- Mr. CONYERS. Mr. Speaker, I yield demeanors, is what our constitution ries of articles is obstruction of justice. 31⁄2 minutes to the gentleman from holds as grounds for impeachment. That concerns many of us who heard Louisiana (Mr. JEFFERSON). There are no high crimes shown here. the evidence. That not only involved Mr. Speaker, will the gentleman But there is a base and basic perversion the President but that involved this yield? of the rule of law into a rule of hot President of the United States, the Mr. JEFFERSON. I yield to the gen- blood and a rule of political conven- chief law enforcement officer of this tleman from Michigan. ience by a majority bent on getting country, bringing additional people Mr. CONYERS. Mr. Speaker, the gen- President Clinton. into this, causing additional innocent tleman from California (Mr. ROGAN), a Today you may have the votes but people to commit crimes. I cite to you prosecutor, has indicated for the first you do not have the high ground. But the filing of a false affidavit by Monica time in all of our hearings that there just remember, as we say in Louisiana, Lewinsky, the hiding of evidence, the H11806 CONGRESSIONAL RECORD — HOUSE December 18, 1998 bringing of people, staff members, cabi- We have no authority to invent sanc- wise, it is clear that an impeachable offense net members into his office, telling tions such as censure or reprimand. If does not require a criminal law violation. The them his version of the story, knowing anybody has that authority, it is the distinguished Senator ROBERT BYRD from that they would repeat that story when Senate. But we cannot do that. But let West Virginia stated, ``An impeachable offense they were called to the grand jury. me assure all the Members of Congress, does not have to be an indictable offense of That is a serious charge, when you not I think, of a fact that we all under- law.'' only commit the crimes yourself but stand and others that are listening who Before we begin our evaluation of the you bring others into that and cause are concerned about this debate. The charges, let's be clear that the standard that them great, great distress. office of presidency is bigger than any we must attain before we can impeach is Perjury is also very important in this person that occupies that office for 4 or notÐI repeatÐis not the same case as that case. This President did not have a 8 years. This office will survive. This against President Nixon's in 1974. Some inti- lapse of judgment. On many occasions, office will stand. And what we are mate that Nixon is the magic threshold and through a pattern and practice he gave doing today in debating this process is anything less should not be considered for im- false testimony, in the grand jury, the coming to the point of what conduct peachment. deposition, in answering written inter- we will accept from the President of That is simply, as the President's legal team rogatories and to this very Congress in the United States, from the office of put it, ``a misleading statement.'' Analogize this this very proceeding when he answered presidency. situation to the prosecutor at law who fails to the 81 questions. We have heard a lot today about we indict the bank robber who robbed five banks This President is a lawyer. He is a do not want to dumb-down, we do not because the prosecutor had previously only in- want to lower the standards for im- former law professor at the University dicted a robber of 20 banks. peachment. I submit to my colleagues of Arkansas. He is the former Attorney As for our own evaluation, our first task is that the better question that we all General for the State of Arkansas, and to ascertain the facts. The second task is to ought to be concerned about as Mem- he very well knows how important peo- determine if the facts support an impeachable bers of Congress, as American citizens, ple telling the truth is in our court offense. do we want to dumb-down, do we want proceedings, how it underpins our judi- As for the facts: to lower the expectation of the conduct cial system. Courts have agreed. And President Clinton was sued by Paula Jones of the chief law enforcement officer of yet he continues to parse his words. in a civil sexual harassment suit. In her case, this country, the Commander in Chief Mrs. Jones tried to establish a particular pat- And his own lawyers come in before the of this country who sends our soldiers tern and practice of behavior by the President. committee and say, yes, he misled, he off to foreign lands in harm’s way, the This was not unique to her case, most sexual evaded questions. He gave incomplete President of the United States? Do we answers. That is their defense. He harassment cases establish such a pattern. really want to lower that expectation After former White House intern Monica parsed his words. And the courts uni- of conduct? Lewinsky was listed as a potential witness a formly say that is not right. You can- I say we do not. And I say at the end series of illegal acts ensued. The evidence es- not focus on the precision of a question of this day, perhaps at the end of to- and ignore what the defendant knows. morrow’s day that we vote, we will tablishes the President engaged in the follow- The law is clear that the perjury, the have made that final decision. ing misconduct, in an apparent effort to pre- real perjury, the issue is you have to Since the inception of this inquiry, a division vent Ms. Jones from recovering a monetary look to the defendant’s intent to tes- has been created as to what allegations rise judgment against him and to protect his Presi- tify falsely and thereby mislead ques- to the Constitutional standards of ``high Crimes dency. tioners, which has been the intent of and Misdemeanors.'' The facts surrounding these unlawful acts this President consistently throughout To assist my own interpretation, I look to the are: this process. words of Justice Louis Brandeis from 1928 Perjury. The President through a series of It is unfortunate that we still have which read: calculated lies over a period of months at- that perception of this President. Be- In a government of laws, existence of the tempted to evade, mislead and provide incom- cause of the very events we are in- government will be imperiled if it fails to ob- plete responses to Paula Jones, the judiciary volved in today, many people call into serve the law scrupulously. Our government system and the American people. question, is he giving us complete an- is the potent, the omnipresent teacher. For Disregarding the recognized legal standard swers about what we are doing over in good or for ill, it teaches the whole people by of a ``reasonable man'' used in all courts, the its example. Crime is contagious. If the Gov- the Middle East? Is he evading ques- President repeatedly used verbal gymnastics ernment becomes a lawbreaker; it breeds to redefine words and phrases, such as tions. Is he misleading? I do not know, contempt for law; it invites every man to be- but again that is the pattern and prac- come a law unto himself; it invites anarchy. ``alone,'' ``is'' and ``sexual relations.'' The latter interpretation, as admitted by his lawyer, re- tice that we have had to deal with, and The intersectional collision of President Clin- sults in the ridiculous conclusion that one that is one of the concerns that brings ton's deplorable conduct with our Constitution party to a particular sex act may be involved many of us to this point where we feel has set in motion this Inquiry of Impeachment. in a sexual relation while the other party is it is necessary. Each member must now match his or her ac- not. The office of presidency, the stature tion with only the authority the Constitution Obstruction of Justice. Once the question to which it is entitled has been eroded delegates to the House of Representatives. arose concerning an ``improper affair'' with by this President and this involvement No more, no less. in this process, necessitated by the As such, we must not invent, for the pur- Miss Lewinsky, suddenly there was another commission of his own conduct, not the pose of expediency, a remedy which does not series of incidents to cover the tracks of this, Congress’s conduct, but his own con- exist. The House can not and should not be including ridding the immediate area of evi- duct with the United States Constitu- able to reprimand, censure or fine the other dence in the Jones case and Miss Lewinsky. tion. two branches of governmentÐthe Judiciary or While the President's ``fingerprints'' aren't clearly on these actions, almost by magic the b 1400 the Executive. Rather, members must be prepared to vote President is benefitted by physical evidence If I might say, there is great stress their conscience on whether or not to im- disappearing from Miss Lewinsky's apartment and turmoil and angst on the floor peach, that is to charge the President with an and reappearing under his personal sec- today. There should be. This is a seri- impeachable offense. This is our single role in retary's bed. Ms. Lewinsky lands her long- ous, solemn event, something that we this process. sought job with a New York Fortune 500 Com- all, all would rather not have occurred. Further, impeachment is not a part of the pany within 24 hours of signing a false affida- But as a Congress, we cannot ignore criminal law. It is not governed by the criminal vit supportive of the President in the Jones our constitutional responsibility and rules of procedure, court precedents, nor nec- Case. How lucky can one man be? turn our head and say let’s just forget essarily, the rules of evidence. Impeachment Abuse of Power. Any claim the President about this. We have to move forward is truly a unique Constitutional process com- had that this affair was a private matter, and within the authority we have, and our bining elements of the legal and political sys- at worst grounds for divorce, changed when only authority is to decide whether to tems. he brought the powers of his high office into impeach or not to impeach, whether to Numerous scholars have come forward sug- play. The facts show that in the President's charge or not to charge. gesting not every crime is impeachable. Like- zeal to keep this affair from the Jones lawsuit, December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11807 he allowed his government-employed White the difference between that and lying under the President simply because of a per- House Counsels, policy advisors, Cabinet oath or obstructing justice in the same judi- ceived lack of contrition on his part. members and communications team to defend cial proceeding—to say nothing of before a federal grand jury—for the same purpose? By Mr. Speaker, we must take into con- him and perpetuate the lies. He continued to analogy, both sorts of behavior would seem sideration the consequences of our ac- use his staff for a period of more than seven grossly to pervert, even to mock, the course tions and weigh them against the pur- months to deny, stonewall and lie to those in- of justice in a court of the United States. ported misdeeds of the President. vestigating his actions. And finally, when one wants to blame Con- While I do not agree with the President We must use a common sense approach to gress for all of this, I issue the reminder that on each and every issue, I believe he this evidence and look at the results of this se- it was President Clinton and only President has done a good job as our country’s ries of calculations and incidents. Washington Clinton whose consistently made wrong steward over the past 6 years. is a ``wink and nod'' community, where people choices instead of the right choices who has Mr. Speaker, I for one am particu- do not need to say exactly what they want in brought us to the point of national exhaustion. larly proud and humbled by his unceas- order to get what they want done. Nor can we Also, remember the additional words of Pro- ing efforts to bring peace to Northern judge each act in a vacuum. The contextÐthe fessor McGinnis about our forefathers' para- Ireland and the Middle East, succeed- big pictureÐmust also be considered. Just mount concern with the integrity of our public ing where many before him have failed look at the time line, look at the actions and official: or did not even attempt to act. the results would all benefit the one person In closing, I turn to the words of one who says he had nothing to do with anything, They recognized that the prosperity and stability of the nation ultimately rest on the of our Founding Fathers, Thomas Jef- Throughout this process, we have had the people’s trust in their rulers. They designed ferson, who said, ‘‘Common sense is the daunting task of determining whether these the threat of removal from office to restrain foundation of all authorities, of the charges meet the standard of ``high Crimes the inevitable tendency of rulers to abuse laws themselves and of their construc- and Misdemeanors,'' and whether the Rule of that trust. tion.’’ I put to my colleagues that to Law could be interpreted to include these Since these allegations were brought to the vote for impeachment flies in the face criminal offenses. attention of the Committee, my office has of common sense and good judgment. Surely, one cannot seriously argue perjury been inundated with phone calls and mail. In We should avoid a dangerous precedent and obstruction of justice are not impeachable. my office, I have received an overwhelming and vote against these articles of im- They are fraternal triplets of bribery which is number of calls in support of impeachment, peachment. spelled out in the Constitution. Each of these however, I understand the concerns of both Our descendants would be ill served have the effect of thwarting the truth in our sides. I look forward to the end of this debate by an impeachment vote which alters court system. As former Attorney General Grif- and getting back to the important issues of so- the standard for removing a president. fin Bell has testified: cial security, health care and others. But I In the end we must remember that the The statutes against perjury, obstruction want my constituents to understand, I do not perfect can be the enemy of the good. of justice and witness tampering rest on relish this vote or this position our President The right decision, the just conclusion vouchsafing the element of truth in judicial has put us in. This will be the toughest vote proceedings—civil and criminal and particu- is a vote for censure. larly the grand jury. I will make as a Congressman and I only wish Mr. MCCOLLUM. Mr. Speaker, I yield I never had to make it. Professor Jonathan Turley of the George 1 minute to the gentleman from Penn- There are no winners or losers here today. sylvania (Mr. MCHALE) Washington Law School told Congress that: America has truly suffered. The facts remain, Mr. MCHALE. Mr. Speaker, it is dif- The allegations against President Clinton our President has placed himself before the ficult, perhaps impossible, to salvage go to the very heart of the legitimacy of his law and the nation. office and the integrity of the political sys- any sense of nobility in reviewing the tem. As such, I join the more than 100 news- allegations before us. But there is one papers and numerous other Americans to call For those remaining few who persist that truth. The most basic rights of the peo- upon the President to do the right and honor- ple will be preserved only so long as this is merely private or trivial conduct, I draw able thingÐresign from the Office of the Presi- your attention to the testimony before this public officials at every level of gov- dency. ernment tremble before the law. committee of John McGinnis, a Professor of Mr. CONYERS. Mr. Speaker, I yield 3 Law from the Benjamin H. Cardozo School of minutes to the gentleman from New As a deeply disheartened Democrat, I Law at Yeshiva University, who said: will be voting yes on impeachment ar- York (Mr. MANTON), a distinguished at- Integrity under law is simply not divisible torney and Member of the House. ticles I, II, and III. into private and public spheres. . . . It would (Mr. MANTON asked and was given Mr. CONYERS. Mr. Speaker, I am be very damaging for this House to accept a pleased to yield 41⁄2 minutes to the gen- legal definition of ‘‘high Crimes and Mis- permission to revise and extend his re- tleman from California (Mr. LANTOS), a demeanors’’ that created a republic which marks.) tolerates ‘‘private’’ tax evasion,’’ ‘‘private’’ Mr. MANTON. Mr. Speaker, I thank dear friend of mine from the old Gov- perjury and ‘‘private’’ obstruction of justice the gentleman for yielding. Mr. Speak- ernment Operations Committee. from officials who would then continue to er, I rise in opposition to the articles of Mr. LANTOS. Mr. Speaker, I want to have the power to throw their citizens into impeachment before the House. thank my friend from Michigan (Mr. prison for the very same offenses. Mr. Speaker, after 14 years represent- CONYERS) for yielding time to me. In addition, Stephen B. Presser, of the ing the citizens of the 7th Congres- Mr. Speaker, I rise as the only Mem- Northwestern University School of Law stated: sional District of New York, these will ber in the history of the Congress who They are not trivial matters having to do likely be my last votes that I cast as a has lived under and fought against with the private life are thus impeachable Member of the House of Representa- both fascism and communism. Every offenses. The writings and commentary of tives. They will, ironically, certainly day I enter this hall I do so with a feel- the framers show that they would have be- be the most significant and the ones ing of humility and pride, as one who lieved that what President Clinton is alleged has suffered the pain of living in a po- to have done, if true, ought to result in his which will garner the most attention impeachment and removal from office. from historians. lice state and now enjoys the exhilara- Mr. Speaker, there is no question tion of living in a free society. Harvard Law professor, Richard D. Parker, that what the President has done is The question I want to raise today is, also stressed the Rule of Law in his testimony reprehensible. No one condones his ac- what distinguishes this Congress from saying: tions. No one excuses his conduct. We the legislatures of despotic countries? Now, consider another hypothetical situa- all wish that he had conducted himself It certainly is not the taking of votes. tion: Suppose the President were shown to in a more responsible manner. We all Because there are always votes, plenty have bribed the judge in a civil lawsuit against him for sexual harassment, seeking want him to be more forthcoming in of them, in totalitarian parliaments. to cover up embarrassing evidence. As brib- confronting the charges against him. Nor is it the eloquence or the erudition ery, this act would be impeachable, despite We cannot, however, vote to overturn or the IQ level of Members. Mr. Speak- its source in the President’s sex life. What is the two national elections and impeach er, what distinguishes this House from H11808 CONGRESSIONAL RECORD — HOUSE December 18, 1998 the fake parliaments of police states is constitutional remedy and would vio- barring a public acknowledgement, an procedural fairness. late the separation of powers. And on admission of the President that he had What we ask is the opportunity to to John Harrison, University of Vir- lied under oath and perjured himself, it vote on censuring the President in ad- ginia School of Law by a letter to the was the duty of the House to vote for dition to the opportunity to vote on gentleman from Massachusetts (Mr. the articles of impeachment. impeachment. Democracy not only DELAHUNT) Saying that, ‘‘My view at Mr. MCCOLLUM. Mr. Speaker, I yield means the rule of the majority, it also this point is that there are serious con- 2 minutes to the gentleman from Utah mandates respect for the minority. If stitutional difficulties with congres- (Mr. COOK). our Republican colleagues allow a vote sional censure.’’ And for that reason, Mr. COOK. Mr. Speaker, I thank the on censure and even if that vote fails, because of the constitutional problems, gentleman from Florida for yielding they will give respect and legitimacy that was not presented. time to me. to these proceedings. Should a censure Mr. Speaker, I yield to the gentleman Mr. Speaker, the argument has been made that lying about sex is different vote prevail, they will allow the voice from California (Mr. LANTOS). of the true majority to triumph. Mr. LANTOS. Mr. Speaker, I appre- and does not qualify as a high crime Some of my very best friends sit on ciate my friend yielding. and misdemeanor. I am not a lawyer, the other side of the aisle and I would The technicalities have been debated but I do not think that the law requir- ing us to tell the truth, the whole defend their right to vote their con- ad nauseum and ad infinitum. truth, and nothing but the truth means science with my life if necessary. I find Mr. HUTCHINSON. Mr. Speaker, re- we can tell the truth that is convenient it unbelievable that they want to limit claiming my time, I think the gentle- or the truth only about certain things. my right to vote my conscience. man’s point was also on fairness. And, A lie is a lie. A lie to a grand jury The censure vote we are seeking is as has been read earlier today, going and a lie in a sworn deposition is equal- supported by our former Republican back to 1974 on this House, the Demo- ly a lie and equally a violation of the colleague, the former Republican crat Speaker refused to allow a vote on law, whether it is about sex or whether President of the United States of censure in reference to President it is about national security. America, Gerald Ford, who is renowned Nixon; and so, there is a precedent for Others who have lied under oath have for his fairness. The censure vote we what has transpired as well as con- been criminally charged. In the last 2 seek is supported by the former Repub- stitutional consideration. years, 3 people in my State of Utah lican leader of the United States Sen- Mr. CONYERS. Mr. Speaker, I yield have been charged, convicted and sen- ate and the Republican candidate for the gentleman from California (Mr. tenced for lying under oath. They faced President in 1996, Senator Bob Dole. LANTOS) 1 minute. the consequences of their actions and The censure vote we seek is supported Mr. LANTOS. Mr. Speaker, I yield to they took their punishment. How can by the large majority of our fellow citi- the gentleman from Michigan (Mr. we now tell the American public that a zens. CONYERS). lesser standard applies to the President Mr. Speaker, compromise is the cur- Mr. CONYERS. Mr. Speaker, could I of the United States, the chief adminis- rency of a free society. Self-righteous point out to my distinguished scholars trator of the laws of this country? certitude is the antithesis of democ- and members of the Committee on the Some have argued that by voting for racy. I respect all of my colleagues who Judiciary, we are not trying to solve impeachment we are lowering the bar will ultimately vote for impeachment, this problem within this debate. Let’s for impeachment. I disagree. I think we but I ask that they respect the right of bring up the motion and we can debate are instead affirming democracy as those of us who wish to express our dis- its constitutionality or its unconsti- truly the cornerstone of this great approval but who deeply believe that tutionality. You surely must know country. We are saying that the Amer- the impeachment and the removal of that there have been censures in our ican people who have, as the gentleman our President would be a travesty to American history. from Illinois (Mr. HYDE) so eloquently the principle of proportionality, it Mr. LANTOS. Mr. Speaker, reclaim- put it this morning, believed, fought would be unfair to him and to his fam- ing my time, there is not a person in and sacrificed this past 227 years for ily, and it would be damaging to our this body on either side who does not the rule of law, believe that all are sub- national interest. clearly understand that this body has ject to that law, not just the poor, the When this debate is over, I hope they every right to censure the President, minorities or those without affluence will allow all of us to feel that we have and to hide behind these phony tech- or influence, as some cynics have participated in a real vote of a real leg- nicalities demeans this House. claimed in recent years, but all, includ- islature. I ask that we have the oppor- My colleagues know as well as I do ing the man who holds the most power- tunity to vote on a motion to censure that a censure vote could be taken, ful and influential office in this coun- the President. If the impeachment vote would be legal, would be constitutional try. succeeds in this House, come January, and would carry. b 1415 President Clinton will be on trial in Mr. MCCOLLUM. Mr. Speaker, I yield To me that does not lower the bar for the Senate. But today, my friends, it is 30 seconds to the gentleman from Ar- impeachment; it raises the standard for this House that is on trial. kansas (Mr. HUTCHINSON). democracy. C Mr. HUTCHINSON. Mr. Speaker, I Mr. M COLLUM. Mr. Speaker, I yield ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE 1 1 ⁄2 minutes to the gentleman from Ar- appreciate the sincerity. But censure is The SPEAKER pro tempore (Mr. being used in this case as a marketing kansas (Mr. HUTCHINSON). LAHOOD). The Chair will remind all Mr. HUTCHINSON. Mr. Speaker, I tool to the American public to sell persons in the gallery that they are thank the gentleman for yielding. them on the idea that there is a simple, here as guests of the House and that It is important to address that issue easy way to avoid our constitutional any manifestation of approval or dis- of censure. We discussed this in the responsibility; and I think that we approval of proceedings is a violation committee and there were numerous should stick with the Constitution. of the House rules. constitutional experts that addressed Mr. MCCOLLUM. Mr. Speaker, I yield Mr. CONYERS. Mr. Speaker, I yield 3 this. Stephen Presser, professor of legal 30 seconds to the gentleman from Cali- minutes to the gentlewoman from history at Northwestern University fornia (Mr. RIGGS). Florida (Mrs. MEEK), who has waited School of Law, wrote a letter to the Mr. RIGGS. Mr. Speaker, I just want- patiently for her turn. gentleman from Massachusetts (Mr. ed to interject at this point in the de- (Mrs. MEEK of Florida asked and was DELAHUNT) disagreeing about censure bate, colleagues, that as part of my given permission to revise and extend and saying that censure would not be own personal deliberations, in the last his remarks.) constitutional. He said, ‘‘In my opin- 48 hours I have spoken to both former Mrs. MEEK of Florida. Mr. Speaker, I ion, impeachment is the remedy for President FORD and Bob Dole. Both stand to voice my dissent and my dis- misconduct.’’ men emphatically told me, and of agreement, and I rise to give my strong We go to the University of London, a course both are former House members, opposition to the articles of impeach- similar response by Gary McDowell that they would vote to impeach, that ment that have been brought before us noted that censure was not a proper they felt it was the duty of the House, today. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11809 I know what has caused this to hap- Mr. GOODLATTE. Mr. Speaker, I It could not possibly be about the pen; I have watched it. thank the gentleman for yielding this standard. Congress determined that It took me 129 years to get to this time to me, and I ask that a letter re- Mr. Nixon’s failure to pay taxes and his Congress because of some folks inter- ceived from Senator Bob Dole dated lying about failure to pay those taxes preting the Constitution. I have heard today be placed in the record. I will did not meet the constitutional stand- a lot about the Constitution today. But read a part of that: ard while felonious. Mr. Clinton’s ac- the same people that are interpreting It is entirely appropriate for the U.S. tions, while potentially felonious, does it wrongly today were obviously there House of Representatives to debate and not reach the constitutional standard. long many years ago when it was mis- vote on articles of impeachment at this So we look to history for the answer. interpreted and when some folks were time. People keep asking me every time I left out. He later says, I also believe that step outside of this Congress why does How many more good people are quick positive action in the House the African American community keep going to have to lose their reputation could improve chances for a timely res- sticking with Bill Clinton? When legal because of what I am seeing here in olution of this matter in the U.S. Sen- slavery ended, this is why. There were this Congress? Good men are losing ate. 9 million people in the old Confederacy their reputation every day here. Who So to those on the other side who which was led by the Democrat Party. will be next because of this strive, this have been invoking the name of Sen- Then the Democratic Party was de- strive for gonadal agony? ator Dole, I would point out that he be- fined in exclusive terms, as slave hold- We are going in the wrong direction lieves that it is appropriate for us to ers protected by States rights govern- here in this Congress. Because of this take the action we are taking today. ments. Four million people, south- biased interpretation a man who has Mr. MCCOLLUM. Mr. Speaker, I yield erners, were uneducated, untrained served this country very well is now up 1 minute to the gentlewoman from former slaves who wanted to be for impeachment. North Carolina (Mrs. MYRICK). brought into the mainstream of Amer- Mrs. MYRICK. Mr. Speaker, just be- Too many of my colleagues have a ica, that it include poor and working fore the November 3 election my 5- gotcha syndrome. They want to do class whites who wanted to be brought their best to get Mr. President. I saw it year-old grandson, Jake, asked his mother if we were going to be electing in. The identification of Lincoln and from the very beginning with every the Republican Party with ending slav- kind of gate there was in government a new President, and upon being told, no, we already have a President, Jake ery led southern Democrats to refer to reform. There was a tailgate, there was Lincoln as the black President and the a post office gate. Every gate imag- replied: No, we do not; he lied. As my colleagues know, such prin- Republican Party as the black Repub- inable was brought before that com- lican Party. Former Democratic con- mittee long before this impeachment ciple from the mouths of babes. As sad as this is for our Nation, this action is federates opposed and resisted the big started, but it was the beginning of im- necessary so that all of us can continue centralized Republican federal govern- peachment of William Jefferson Clin- to not only uphold but teach those ment and wanted to get the govern- ton. ment off of their States’ backs so they My colleagues have not liked him basic truths and basic right and wrong in our houses and, most assuredly, in could get right back to their old States from the very beginning. I have tried rights ways. Senator Andrew Johnson to find out why. They dislike him, but this House. Yes, to err is human, but to lie and was a Tennessee Democrat who had re- they cannot get him in the manner deny and vilify; rather than that we fused to join his southern Democratic which they tried before, so now they need to confess and repair and repent. Confederates and stayed with the are going to use this gonad shriveling Just remember, the children are northern Unionists. Lincoln’s concern impeachment process to try and get watching. about preserving and re-unifying the him. It is unfair, it is tainted. Mr. CONYERS. Mr. Speaker, I yield I have some familiarity with this un- Union, the Nation following the war 31⁄2 minutes to the gentleman from Illi- led him to appoint that Democrat to fairness and injustice that we see in nois (Mr. JACKSON). this country. My colleagues cannot es- become Vice. When Lincoln was killed, (Mr. JACKSON of Illinois asked and President Johnson focused on putting cape it. Every American knows that was given permission to revise and ex- this impeachment process is partisan if the Union back together but not on tend his remarks.) building a more perfect union for all they looked at the votes of the very Mr. JACKSON of Illinois. Mr. Speak- Americans. And unlike Lincoln and the good Committee on the judiciary hear- er, Republicans say the underlying Republicans, he was willing to preserve ings we had. I watched it. I read every- issue is not about sex, it is about per- the Union by leaving some Americans thing I could. It is partisan. It goes jury. Democrats say the underlying against the history of this country. issue is about sex, a private consensual behind, sacrificing the rights and inter- The Republican majority has chosen relationship, and the President lied ests of the former slaves. This is why. time and time again to exclude the about it, possibly committing perjury As a result those northern angry Re- Democrats. We are asking only for a in the process. But since lying about publicans investigated a vulnerable chance for censure. That is what we are sex is not an act involved using his of- Johnson, who not unlike Bill Clinton asking for. It does not mean we are ficial position against the state as had personal foibles, to try to come up going to win that, but at least they Nixon did, Democrats say Clinton’s with an excuse to impeach him. It was could give us that opportunity. sins do not reach the constitutional a partisan attack by Republicans on a Mr. Speaker, our colleagues are out standard for impeachment. That is the Democratic President in order to pre- of touch with the people of the coun- essence of the arguments we have serve undertaking the Republicans’ try, they are out of touch with the heard presented by Members of Con- first reconstructive economic program. Constitution, and I say to the rest of gress and the Committee on the Judici- Today’s conservative based Repub- them: Now is the time to try and give ary, but underlying the pending Clin- licans’ target is not Bill Clinton, it is censure to a man who has given some- ton impeachment is neither sex, nor second reconstruction, especially the thing for this country and give all of us lying, nor perjury, but American his- liberalism of Democrat President Lyn- who seek fairness and justice for this tory itself. Essentially the same eco- don Baines Johnson, but also ulti- country. It was not only set out for nomic and political forces that drove mately including the big government certain people; it is for all the people. the presidential impeachment process economic programs of FDR. Mr. Speaker, if my colleagues believe against Andrew Johnson in 1868 are Let us not be confused. Today Repub- in the Constitution so strongly, they driving the impeachment process 130 licans are impeaching Social Security, should act on it. years later. There has been a role re- they are impeaching affirmative ac- Mr. MCCOLLUM. Mr. Speaker, I yield versal. The Republicans of 1998 were tion, they are impeaching women’s 30 seconds to the gentleman from Vir- the Democrats of 1868, but the underly- right to choose, Medicare, Medicaid, ginia (Mr. GOODLATTE). ing issue is essentially the same: Supreme Court Justices who believe in (Mr. GOODLATTE asked and was Reconstruction. The first reconstruc- equal protection under the law for all given permission to revise and extend tion was at issue in 1868; the second re- Americans. Something deeper in his- his remarks.) construction is at issue in 1998. tory is happening than sex, lying about H11810 CONGRESSIONAL RECORD — HOUSE December 18, 1998 sex and perjury. In 1868 it was about re- slavery, but it did not create a more perfect Americans were attracted to his New (eco- construction, and in 1998 it is still Union because there were still two outstanding nomic) Deal. Roosevelt defined a new more about reconstruction. problems: (1) How to bring four million former inclusive Democratic Party by offering an eco- Republicans say the underlying issue is not slaves into the economic mainstream? And (2) nomic agenda that appealed to every Amer- about sex, it's about perjury. Democrats say How to politically enfranchise them? That was ican. the underlying issue is about sexÐa private the goal of the First Reconstruction and it's It is the same white elitist southern forces consensual sexual relationshipÐand the goal has never been realized. Those twin and their continuing anti-Federal government President lied about it, possibly committing problems have never been completely fixed! ideologyÐexcept today they are called Repub- perjury in the process. But since lying about The identification of Lincoln and the Repub- licansÐwho want, this time, not to preserve sex is not an act that involved using is official lican Party with ending slavery led southern but to undue the nation's effort at reconstruc- position against the state, as Nixon did, Democrats to refer to Lincoln as the Black tion, a Second Reconstruction begun in 1954 Democrats say, Clinton's sins do not reach the President and the Republican Party as the with Brown, continued with the 1964 Civil Constitutional standard for impeachment. Black Republican Party. So the Rep. J.C. Rights Act and 1965 Voting Rights Act, affirm- That is the essence of the argument we WATTS' Republican Party has gone from being ative action and majority-minority political dis- heard presented by members of the House known as the Black Republican Party to one tricts. The southern Democratic Party, with the Judiciary Committee and voted on along par- Black Republican. ``Former'' Democratic Con- legacy of the Confederacy, generally found tisan party lines to impeach President Clinton. federates opposed and resisted the ``Big Cen- itself on the wrong side of history again in the That is what the current Republicans and tralized Republican Federal Government'' and 1960s. Governors George Wallace of Ala- Democrats are saying. What will history say? wanted ``the government off of their states' bama, Lester Maddox of Georgia and Orville Underlying the pending Clinton impeach- backs'' so they could go back to their old Faubus of Arkansas were all Democrats. Re- ment is neither sex, nor lying, nor perjury, but ``States' Rights'' ways. nowned segregationists like Senator Richard American history itself. Essentially the same Senator Andrew Johnson was a Tennessee Russell of Georgia and Congressman Howard elitist economic and political forces that drove Democrat who had refused to join his fellow Smith from Virginia were Democrats. Today's the president impeachment process against southern Democratic Confederates and stayed Senators STROM THURMOND of South Carolina Andrew Johnson in 1868 are driving the im- with the northern Unionists. Lincoln's concern and RICHARD SHELBY of Alabama were origi- peachment process 130 years later. There has about preserving and reunifying the nation fol- nally Dixiecrats, but are now Republicans. been a ``role reversal''Ðthe Republicans of lowing the war led our first Republican Presi- Today's conservative southern-based Re- 1998 were the Democrats of 1868Ðbut the dent to reward Johnson's loyalty by nominat- publicans' target is the Second Reconstruc- underlying issue is essentially the same: re- ing him for Vice President in the 1864 cam- tion, especially the ``liberalism'' of Democratic construction. The First Reconstruction was at paign. President Lyndon Johnson's Great Society, issue in 1868, the Second Reconstruction is at Lincoln fought a Civil War to preserve the but also ultimately including many of the ``Big issue in 1998. Union and to end slavery. He defeated the Government'' economic programs of Franklin Congress determined that Mr. Nixon's fail- southern slave forces militarily at a national Delano Roosevelt's New Deal. The real under- ure to pay taxes, while felonious, did not meet cost of 620,000 lives and was prepared to re- lying dynamic of this impeachment proceeding constitutional standards. Mr. Clinton's action construct the nation with a Republican pro- is not the removal of Bill Clinton, but the re- while potentially felonies, does not reach the gram of economic inclusion and political en- moval of the social and economic programs of standards so we look to history for the an- franchisement. the New Deal and the Second Reconstruction swer. When Lincoln was killed, President Johnson of the Great Society, a weakening of the Big The end of the Civil War and the adoption focused on putting the Union back together, Federal Government generally, and the de- of the 13th Amendment to the Constitution on but not on building a ``more perfect Union'' for struction of liberalism as a viable political ide- December 18, 1865 ended legal slavery, Slav- all Americans. Unlike Lincoln and the Repub- ology in particular. ery, the Democratic Party, its geography and licans, he was willing to preserve the Union by Whether these conservative anti-Federal its ideology were all defeated. But Lincoln's leaving some Americans behind, sacrificing government Republicans are successful or not assassination five days after Appomattox de- the rights and interests of the former slaves. will be determined by history. There will be a nied him and the Republican Party the oppor- As a result, angry northern Radical Repub- few pro-impeachment Democrats thrown in for tunity to pursue a ``Big Federal Government'' licans investigated a vulnerable JohnsonÐwho good measure because, politically, they must policy of economic reconstruction and political was not unlike Bill Clinton in terms of his per- factor in the old Democratic forces in the enfranchisement for all Americans, leaving no sonal foiblesÐto try to come up with an ex- South, now controlled by the Republicans. The American behind. cuse to impeach him. It was a partisan Repub- Republican impeachment strategy can only be People keep asking me why the black com- lican attack on a Democratic President in measured by future elections. Will the Amer- munity sticks with Bill Clinton. order to preserve undertaking the Repub- ican people be led astray again by the Repub- When legal slavery ended, there were nine licans' First Reconstruction economic program. licans' new sex diversion or will a strong politi- million people in the old Confederacy, which It was in this context that the historically black cal leader be able to get them to focus on was led by the Democratic Party. Then, the colleges and universities were founded. their real economic interests of full employ- Democratic Party was defined in exclusive The struggle between these radical progres- ment, comprehensive and universal health termsÐas slave holders with private property sive northern Republicans and these radical care, affordable housing and a quality public rights (slaves) which were protected legally by conservative southern Democrats continued education? HistoryÐnot President Clinton or ``States' rights'' governments. Four million of following the Civil War, and finally came to a the current crop of Democrats and Repub- the southerners were uneducated and un- head in the 1876 presidential election and licansÐwill render that judgment! trained former slaves who needed to be edu- Tilden-Hayes Compromise of 1877Ðwhich The political and ideological roots of this cated, trained and brought into the economic ended reconstruction. Rutherford B. Hayes, a anti-reconstruction and anti-more-perfect-union mainstream and politically enfranchised with Republican, was finally elected President by crowd is in the South, though its tentacles the right and ability to vote. That didn't include one vote in the House, but in exchange for have spread beyond the South. This Repub- poor and working class whites who had similar pulling out Federal troops protecting the newly lican impeachment effort allows us to look at needs and had been exploited, manipulated, freed slaves in the South, and agreeing to ap- the roots, dynamic and current political struc- misused and politically diverted with a focus point conservative Democrats to the Supreme ture of this conservative political movement. on social issues (then, perpetuating the fear of Court. New Democratic Confederates, with the Begin with the Judiciary Committee. Ten of interracial sex) by the slave owners to pre- help of new ``black laws'' of discrimination, the eighteen Republican members of the Judi- serve and protect their elite economic system psychological intimidation, physical violence ciary Committee are ultra-conservatives from of special interests. and murder, were now on their way back to former Confederate states. In the middle of Just eight years earlier, in 1857, in the Dred being in power in the South. the impeachment hearings, one of them, BOB Scott decision, the Court had ruled that blacks By 1896, the Supreme Court appointments BARR of Georgia, was exposed for having re- had no rights that a white man must respect resulted in Plessy, which ushered in Jim Crow, cently spoken before a white supremacist and that Congress could not outlaw slavery and by 1901 the first Congressional Black group. anywhere in the U.S. The ConfederacyÐits Caucus was completely eliminated from Con- Move on to the House Republican leader- economy, religion, family, social customs, gress, not to return for three decades. ship. The Speaker is NEWT GINGRICH (R±GA), mores and politicsÐwas based and built on Blacks remained loyal to the Republican whose history is laced with not-so-subtle new the institution of slavery. The Civil War ended Party until 1936, FDR's second term. African racial code words, and the Speaker-elect is December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11811

BOB LIVINGSTON (R±LA). There styles are dif- Clause was to prevent the states from treating legal affair. Republicans have done in 1998, ferent, but their substances is essentially the black and white citizens differently. The most what Democrats did in 1868. They have used same. Both abdicated their leadership roles in important value for Rehnquist is his state-cen- the political-legal nature of the impeachment the impeachment crisis only to have another tered federalism, followed by private property process to turn it into a politicalÐpolitical affair southern conservative, Rep. TOM ``The Ham- and individual rights. In other words, his cur- to further their anti-Big Government aims. mer'' DELAY (R±TX), fill the void. He is intimi- rent views are consistent with the core of the Republicans are trying to impeach recon- dating and forcing Republicans, not to vote states' rights legal philosophy a century-and-a- struction. President Clinton risked all of that against censure, but to vote with their party on half ago, where the individual right to own history of social and economic progress by a procedural voteÐwhich, in essence, is a property (slaves) was to be protected by a lying about an issue of personal satisfaction. vote to kill a vote of conscience for censure. states' rights government! He has not committed treason as defined by In addition, call the roll of House leadership To capture a new political base, Repub- the Constitution as an impeachable offense. and committee chairmanships in the 105th licans abandoned the essence of Lincoln and His treason is against our cause of building a Congress: RICHARD ARMEY (TX), Majority decided to go after Dixie, using social issues more perfect union. Leader; BILL ARCHER (TX), Ways and Means; as cover for their narrow economic interests. After economic and socially conservative BOB LIVINGSTON (LA), Appropriations; FLOYD Barry Goldwater launched this modern con- Presidents Nixon, Ford, Carter (an economic SPENCE (SC), National Security; THOMAS BLI- servative anti-Federal government movement conservative, but more liberal socially), LEY (VA), Commerce; PORTER GOSS (FL), Per- with his 1964 presidential campaign. Ronald Reagan and Bush, a moderate-to-conservative manent Select Committee on Intelligence. Reagan picked it up and sent the same signal southern Democrat, President Clinton, has Add to that the 105th Republican controlled by launching his southern campaign from helped to prepare an economic bridge which Senate: TRENT LOTT (MS), Senate Majority Philadelphia, Mississippi in 1980, in the name would allow us to again begin to work on Leader; STROM THURMOND (SC), President Pro of states' rights, where two Jews and a Black some of the unfinished and unreconstructed Tem (3rd in line to be President), Chairman, were murdered in the name of states' rights tasks of the Civil War. Monica Lewinsky has Armed Services; JESSE HELMS (NC), Senate fighting for the right to vote. Now Republicans now reduced the defense of that agenda to a Foreign Relations; John Warner (VA), Rules; want to complete Mr. GINGRICH'S 1994 ``Revo- defense of him. Richard Shelby (AL), Select Committee on In- lution of Devolution'' by defeating and eliminat- Today Republicans are trying to impeach telligence. Today in Congress there are more ing the twin evil forces of ``liberalism'' and ``Big Social Security, affirmative action, the right to people arguing on behalf of states' rights than Government'' in the 2000 election. choose, Medicare, Medicaid, Supreme Court there are people arguing on behalf of building The Republicans know that if the President justices who believe in equal protection under a more perfect union. is impeached in the House, he will not be con- the law for all Americans, public education for But don't stop there. Look at who will pre- victed in the Senate. They don't want him con- all over vouchers for some, universal and side as Chief Justice over an impeachment victed and out of office, with President AL comprehensive health coverage over medical trial in the SenateÐthe ultimate conservative GORE given two years to solidify his hold on savings accounts for the few, affordable hous- states' righter, Supreme Court Chief Justice the White House. They want an impeached, ing for all, versus mansions for a select few in William Rehnquist. Nominated to the Court by but not convicted, President twisting in the an effort to win elections. Nixon and elevated to Chief Justice by wind for two years leading up to the 2000 Clinton launched a dialogue to talk about Reagan, this intellectually gifted conservative, election. This is a continuation of the Novem- race, but the real race dialogue is what could when clerk for Justice Robert H. Jackson be- ber 3, 1998, strategy of the Republican hard potentially happen to economic reconstruction tween 1952 and 1953, wrote a memorandum liners to motivate and build their conservative in 2001 if this reactionary Republican strategy arguing in favor of upholding the ``separate but ``social values'' political base as a dimersion works. Clinton has worked hard to separate equal'' doctrine of Plessy v. Ferguson in prep- from economic justic issues. the race dialogue from the economic dia- aration for the 1954 decision on Brown. As a What the Republicans want out of this im- logueÐjoining with the Republicans in 1997, conservative Phoenix lawyer, he appeared as peachment crisis is a ``family values'' issue for and ignoring his strongest liberal supporters a witness before the Phoenix City Council in the 2000 presidential campaign. They want to today, by cutting a budget deal to balance the opposition to a public accommodations ordi- say that Clinton's sexual misconduct is the re- budget with the conservative Republicans. nance and took part in a program of challeng- sult of the ``decadent values'' of the 1960's That deal assures that there will not be ing African American voters at the polls. and liberalism generally. In other words, in enough money to fix our historic problem. He From 1969 until 1971, he served as assist- some form, the Lewinsky matter will become a has reduced his own defense to a personal ant attorney general for the Office of Legal Republican ``wedge issue'' in the 2000 cam- defense instead of a defense of history. Counsel. In that position, he supported execu- paign. The fact that African Americans are so Something deeper in history than sex, lying tive authority to order wiretapping and surveil- closely identified with both President Clinton and perjury is at issue hereÐjust as some- lance without a court order, no-knock entry by and liberal ``Big Government'' programs fits thing deeper in history than the removal of a the police, preventive detention and abolishing perfectly with their consistent use of race to di- cabinet secretary was a stake in 1868. At the exclusionary rule, that is, a rule to dismiss vide the electorate in presidential campaigns. stake in 1868 was the First Reconstruction. At evidence gathered in an illegal way. They can send the subliminal race signal while stake in 1998 is the Second Reconstruction. As a member of the Burger Court, publicly denying they are using race as an The struggle taking place in Congress and na- Rehnquist played a crucial role in reviving the issue in the campaign. So far the Republicans tionally today is between those political forces debate regarding the relationship between the have gotten away with it and they have not who want to build a more perfect union for all federal government and the states. The con- been impeached for lying about it. Americans, leaving no American behind, and sequences of Rehnquist's state-centered fed- The Republican goal in 2000 is to use this those who want to return an elitist economic eralism surfaced dramatically in the area of in- strategy to retain control of the House and program of more perfect ``States' Rights'' for dividual rights. Since the 1960s, the Court had Senate and to gain control of the White the few. That is what underlies the impeach- held that nearly every provision in the Bill of House. They can then appoint their hardcore ment crisis. Rights applies to the states through the Due conservative right wing friends to the Supreme Mr. MCCOLLUM. Mr. Speaker, I yield Process Clause of the Fourteenth Amend- Court after 2001. We will be treated to Ken- such time as he may consume to the ment. Rehnquist voiced his disagreement with neth Starr clones as nominees to the Supreme gentleman from Georgia (Mr. LINDER). such a method of determining the constitu- Court. Remember, Kenneth Starr's ambition Mr. LINDER. Mr. Speaker, this is the tional requirements of state action, particularly before being sullied by the Lewinsky affair was twentieth session in which I have been in the context of criminal proceedings, urging to be appointed to the Supreme Court. casting votes in legislative chambers a return to an earlier approach whereby the Republicans in control of the executive, leg- in this status. I submit a statement on states were not required to comply with the islative and judicial branches of the Federal behalf of all four articles of impeach- Bill of Rights but only to treat individuals with government could turn the clock back to a ment for my side. ``fundamental fairness.'' twenty-first century version of the good old Mr. MCCOLLUM. Mr. Speaker, I yield Likewise, Rehnquist narrowly construed the States' Rights days of the 1850s and the 1896 1 minute to the gentleman from Flor- Fourteenth Amendment's mandate to the ``separate but equal'' days of Plessy v. Fer- ida (Mr. CANADY). states not to deny any person the equal pro- guson. Mr. CANADY of Florida. Mr. Speak- tection of the laws. He contended that all that By putting impeachment in the legislative er, there is much in the statement of the framers of the Fourteenth Amendment rather than the judicial branch of government, the gentleman from Illinois (Mr. JACK- hoped to achieve with the Equal Protection the Constitution deliberately made it a political- SON) to which I could respond. I do H11812 CONGRESSIONAL RECORD — HOUSE December 18, 1998 want to focus on one particular point sense. After all, the President of the to the contrary, on this issue there has been that he made which we have heard re- United States picked his Vice Presi- no arm-twisting by either the White House peated time and time again concerning dent in 1992 and 1996, and he picked him or the Republican leadership. I respect the the impeachment proceedings against for issue compatibility, and certainly views of my colleagues who will vote dif- ferently, and those of my constititunts who President Nixon. Vice President GORE would have that, will disagree with my position. It is claimed that the Committee on should the Senate vacate the office of the Judiciary decided that tax fraud by It would have been easy to vote against President. I would suggest that the impeachment. According to the polls, a ma- President Nixon was not an impeach- ‘‘repeal the 1996 election’’ argument jority of the public is against it. Addition- able offense. The record simply does falls. ally, I have voted against a majority in my not bear that out. It is true that the The President must subject himself party a number of times—on such issues as committee rejected an article of im- to the rule of law that effects all of our protecting a women’s right to choose, sen- peachment based on tax fraud against citizens. This should be a warning to sible gun control, the patients’ bill of rights, President Nixon, but it is equally clear all presidents, that when you break the campaign finance reform, and equal rights that the overwhelming majority of the rule of law, you violate Federal laws— for gays and lesbians. members of the committee who ex- be it perjury, suborning witnesses, In this case, there is simply overwhelming pressed an opinion on that subject said whatever it is—that you might endan- evidence that the President has committed that they were voting against that ar- ger yourself with impeachment. serious crimes such as perjury. I realize that the President is popular. But being popular ticle because there was insufficient evi- Let us do the right thing. Let us vote does not excuse his breaking of the law. Any dence to support tax fraud. for the articles of impeachment. other person—a teacher, soldier, a Mr. Speaker, I would like to quote Mr. Speaker, I include the following businessperson, a newspaper editor—would what the subsequent chairman of the for the RECORD: my weekly column en- long ago has lost his or her job for such ac- Committee on the Judiciary, Mr. titled ‘‘Two Challenges for Our Coun- tions. Brooks, a Democrat, said in that con- try.’’ The President refuses to take responsibil- text. He said that no man in America TWO CHALLENGES FOR OUR COUNTRY ity for his actions. That refusal has brought can be above the law. It is our duty to This week, our nation has been confronted him, and all of us, to his point. There any establish now the evidence of specific with two crucial challenges—Saddam Hus- many myths regarding the President’s de- statutory crimes and constitutional sein again has blocked weapons inspections fense. Here are just a few of the main ones: violations by the President of the in Iraq and the House of Representatives is (1) ‘‘These are Not High Crimes and Mis- United States will subject all Presi- preparing to decide whether President Clin- demeanors’’ This is not Watergate. But, no dents now and in the future to im- ton should be impeached. The collision of committing watergate-style crimes should peachment. No President is exempt these events should reaffirm for us that we hardly be the minimum standard we ask of can unite in dealing with foreign threats out Presidents. There have been only two under our U.S. Constitution and the even as complicated domestic matters are other Presidents who have faced the serious laws of the United States from ac- under consideration. prospect of impeachment, but other officials, countability for personal misdeeds any First, I strongly support our armed forces primarily judges, have been impeached for more than he is for official misdeeds. in current operations to reduce Saddam Hus- actions, such as perjury, that had nothing to I think that we on this committee in sein’s ability to produce weapons of mass de- do with their officials duties. our effort to fairly evaluate the Presi- struction. Although I believe we should have (2) ‘‘Censure is the Proper Punishment’’ It dent’s activities will show the Amer- acted earlier, when Saddam repeatedly has been said that instead of impeachment, ican people that all men are treated thwarted United Nations efforts, it is clear the House should censure the President. that we must deter Iraqi efforts to obtain equally under the law. First, the Contitituion does not provide for nuclear, chemical and biological weapons. censure, and even many scholars who sup- Now that was a view that was adopt- On the domestic challenges before us, the ed by the gentleman from Michigan port President Clinton say that it would be American people, and their Representatives unconstitutional for the House to do it. The (Mr. CONYERS) also, who supported the in Congress, are confronted with one fun- House does not determine the ultimate pun- tax fraud article, the gentleman from damental issue: Are all Americans, including ishment of those impeached. That is the Sen- New York (Mr. RANGEL) and various the President of the United States, equal be- ate’s role. Second, censure at this point real- other Members on the Democrat side. fore the law? My answer to that question is ly comes down to passing a meaningless res- Yes, and so I will be voting for the articles Mr. MCCOLLUM. Mr. Speaker, I yield olution condemning the President either for of impeachment of President Clinton. 2 minutes to the gentleman from Cali- unspecified bad behavior or for crimes that I have reached this decision after many he refuses to admit. Censure would be like fornia (Mr. HORN). weeks of reviewing all the evidence. I have (Mr. HORN asked and was given per- shouting at a teenager and thinking that also waited for the President to rebut the loudness will change his behavior. However, mission to revise and extend his re- facts or take responsibility for his actions. if the Senate should decide on other meas- marks.) However, the President has steadfastly re- ures short of removal, then censure might be Mr. HORN. Mr. Speaker, censure did fused to address these charges. proper. The role of the House is to ascertain not change Andrew Jackson. We have The impeachment of a President by the whether there is enough evidence to have the heard a lot about censure during the House does not remove him from office. The Senate conduct a trial. House judges whether or not there is ‘‘clear Jackson administration. When the Su- and convincing evidence’’ for the Senate to (3) ‘‘It’s a Coup Overturning the 1996 Elec- preme Court ruled in favor of the Cher- conduct a trial presided over by the Chief tion’’ If the President should actually be re- okee Indians, Jackson was heard to say Justice of the United States. That was the moved from office by the Senate, then he about the sitting Chief Justice, ‘‘Well, standard used by Watergate-era Judiciary would be succeeded by Democratic Vice John Marshall has made his decision, Committee Chairman Rodino in 1974 and by President Al Gore, not losing Republican let us see if he can enforce it.’’ Obvi- Chairman Hyde in 1998. candidate Bob Dole. President Clinton I have paid close attention to the tele- picked Gore as his running mate in 1992 and ously the Court could not enforce the 1996. He picked Gore because he felt that order. The Court does not have the phone calls, mail, faxes, and e-mail. I have received thousands of communications— they would agree on public policy. To say Army. The Court does not have the most of which come from organized groups that this ‘‘overturns’’ the 1996 election is no Federal marshals. So much for censure. outside our district. Within our district, the more accurate than saying that the forced Censure would have about as much often passionate communications have been resignation of Richard Nixon overturned the effect on the behavior of Presidents as closely divided between those who favor and 1972 election. When President Nixon re- a parent yelling and shouting at a those who oppose impeachment. signed, his own hand-picked Vice President, teenager. As we know, shouting does Most Americans know there is powerful Gerald Ford, succeeded to the office. not usually change teenage behavior. evidence that President Clinton deliberately (4) ‘‘It’s Just Sex’’ What we should not for- testified falsely under oath in both a federal get is that President Clinton is accused, not b 1430 sexual harassment case and a federal crimi- of having an affair, but of lying in a sexual The other point that I would make is nal grand jury proceeding. They know there harassment case in an effort to defraud an we have heard an awful lot of talk is substantial evidence that the President at- American citizen of her rightful day in tempted to tamper with witnesses and ob- court. Plaintiffs in sexual harassment cases about the repeal of the 1996 election. struct justice. are permitted by law to inquire into the be- We have heard a lot of talk in the What should be done in response to Presi- havior of defendants in order to establish a Shays town meeting about a coup oc- dent Clinton’s actions is, and should be, a pattern and practice of behavior (such as giv- curring in America. This is utter non- matter of conscience. Despite news reports ing benefits for sex). If President Clinton is December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11813 permitted to lie, will every other defendant the Republican House majority to the International financial institutions such as in a sexual harassment lawsuit be permitted Speakership. the International Monetary Fund are being to lie? Mr. Speaker, for the House Repub- overwhelmed by changes in the world econ- If we fail to hold the President account- lican leadership to, in effect, predeter- able, we inevitably confront these questions: omy, changes in currency relationships, (1) Do we believe that the President is above mine the outcome of this vote by refus- changes in capital flows that each day weaken the law? (2) Do we believe that such actions ing to allow a conscience vote on cen- the ability of the major institution the world has are acceptable and deserving of no more than sure in this instance is a massive fail- to stabilize economic relationships between a meaningless and nonbinding censure reso- ure of fairness. If the House leadership nations. lution? (3) Do we believe that the President can only win this vote by denying any The nation with the largest arsenal of nu- should be held to a lower standard than any- alternative, it will have failed the clear weapons that could possibly one day be one else in our society? country as much as Bill Clinton has. arrayed against us (Russia) is experiencing Our nation will survive this crisis, regard- less of the ultimate fate of President Clin- Mr. Speaker, because of time limits imposed political and economic chaos. Much of Europe ton. I am far more worried about our future on debate today I would like to extend my re- is focused on that chaos, but here in America if, as a society, we give the wrong answers to marks at this point updating the thought on the we give it only intermittent attention and analy- the above questions. By his actions, the issue that I expressed earlier in the year, to sis. President has answered Yes to all of these place my conclusion in full context. The most irrational, paranoid and dangerous questions. By my vote, I will be answering Mr. Speaker, three months ago, as I tried to government in the world (North Korea) is fac- each of them No. wade through my copy of the Starr Report, ing military, political, and economic instability Mr. CONYERS. Mr. Speaker, I am and as I came again and again to gratuitously that could easily threaten the lives of 50,000 pleased to yield 3 minutes to the gen- graphic and voyeuristic descriptions of ``sexual American servicemen and women stationed in tleman from Wisconsin (Mr. OBEY), a encounters'' contained in that report, I reached South Korea and hundreds of thousands of ranking Member of the House. the point where I could read no more. I had others. (Mr. OBEY asked and was given per- voted to release that report earlier that day, Our ability to prevent the spread of nuclear mission to revise and extend his re- but I really began to wonder whether I would weapons has been brought to the edge of fail- marks.) have done so if I had known it was so graphic. ure by events on the Indian subcontinent and Mr. OBEY. Mr. Speaker, I honestly I say that because while reading the report I in Korea. And yet, the discourse in this coun- believe this is the worst day for this in- was continually asking myself what we had try about how to deal with that issue is shallow stitution in this century, and history done to our own children, to the President's and in some cases downright dangerous. will see it as such. The tool of impeach- privacy and dignity (and that of Monica The best change in a generation for peace ment was inserted in the Constitution Lewinsky) and even to the dignity of the nation in the Middle East is slowly but surely sliding to protect the country from irreparable itself by the placement of that report on the away. harm, not to punish the President. Internet. This decade has produced the hottest Under our system, the proper institu- Putting down the report, I turned on the t.v. known global temperatures in 200 years with tion to punish the President if he vio- set to see, as an unreconstructed Cub fan, if huge potential consequences for worldwide lated the law is the court system, a I could find out if Sammy Sosa had hit another agriculture, fisheries, economic dislocation, legal institution, not the Congress, a home run or not. The tube came on and within public health, and environmental stability. Yet political institution. seconds I heard a CNBC reporter describing commercial disputes about profit levels are The House Republican leadership has the Starr report, using language I never ex- threatening our ability to take even marginal said that this is a vote of conscience. It pected to hear on the nation's national news action to minimize potential catastrophe. is denying the right to cast that vote programs or what passes for them these days. On the home front, the Supreme Court, the of conscience to those of us who believe At that moment I reached the same conclu- institution that we, in the end, rely upon more that the proper course is to censure, sions that millions of Americans have probably than any other to preserve the balance of not impeach. That decision dooms this reached. I have had itÐnot just with this story, forces that protect our democratic processes House to go down in history as trag- but with something far more disturbing. and our liberty, has handed down two very dif- ically lacking in both perspective and What I felt was a conclusion that has been ferent sets of decisions that have crippled the fairness. building within me for months, even years. I ability of our political system to function as a To those who say censure has no bite, was overwhelmed with the feeling that this re- democracy should. my response is this: I come from the port is a phenomenally gross verification that (1) The spectacularly myopic decision in the State of Joe McCarthy. Tell him cen- our society and our country is faced with noth- Paula Jones case that the government would sure has no bite. It destroyed him. ing less than the accelerating failure of institu- not be distracted if that case went forward Whether the President has commit- tions that are central to our functioning as a now rather than two years from now when the ted perjury or not is a legal, technical decent society and as a democracy that works President was out of office and his private ac- question that can be decided by a jury the way our Founding Fathers wanted it to tivities could be handled as a private civil mat- and a judge and our court system at work. ter rather than as a national governmental the proper time. Please do not misunderstand. This is a soap opera. There is no question that the Presi- great country. In many ways it is a good coun- (2) The mind-bogglingly naive decisions that dent has misled the country and the try. There is much that is good in our society, the constitutional rights of Americans to have Congress. That is unacceptable. But, in and we have had much good economic news a political system that functions for them my view, it does not rise to the level of in recent years. would be protected by a series of naively lib- an impeachable offense, because the Nonetheless, I believe that the most crucial ertarian decisions that equate money with lies essentially grew out of sex, not institutions and institutional arrangements in speech, establish absurd legalisms about public acts. If the House ignores that this country and in this society are failing in campaign financing that have no relationship distinction, it fails in its obligation to their responsibilities. That failure is affecting to reality, that have turned politics into a put the President’s acts in perspective. our economy, our culture, our political system, money chase and political campaigns into the Mr. Speaker, the gentleman from Il- our long-term environmental security, and competition of dollars rather than ideas. linois (Mr. HYDE) said earlier in this even our own spirituality. And other domestic institutions are also fail- debate that there cannot be one law for The evidence of the failure of our most im- ing in their fundamental responsibilities. the ruler and one law for the ruled. I portant institutions is all around usÐin this Large sections of corporate America are agree. But I would say, respectfully, and in other events. At the moment that our making economic decisions, devoid of any val- that this House should not have one nation is transfixed on the most pornographic ues except the maximization of financial bene- standard of judgment for truth telling document ever produced by government, glob- fit to the management and investment elite of for the leader of the Executive Branch, al challenges face us everywhere. this countryÐin almost total disregard of the and another for the leader of this insti- The world's economy is in turmoil. We have impact of those decisions on loyal workers, tution, who was found not to have told almost no tool but persuasion to move the their families, and their broader communities the truth to this House. In that case Japanese government off a course of eco- which have nurtured them. there was no removal from office; there nomic and fiscal impotence and incompetence These decisions, and policy decisions by was not even censure. There was sim- that threatens the economic health of all of government, have together produced the ply a reprimand and then reelection by Asia and indirectly threatens our own as well. greatest disparity between the economic well- H11814 CONGRESSIONAL RECORD — HOUSE December 18, 1998 being of the wealthiest 5 percent of our people stances and have allowed politicians to manip- relationships are changing. The other is the tri- and everyone else in the modern history of the ulate religious concerns, more to find political umph of a ``me-first'' rampant, materialistic in- country. If we as a people are concerned with advantage than to find spiritual answers. dividualism that prevents the leaders of almost moral outcomes, should we not be just as Debates and discussions about the nature all of our social, political, commercial, informa- concerned about how the nation deals with of humankind, our origins, our purpose, and tional, and religious institutions from really fo- poor people and sick people as we are about our relationship with our creator are essentially cusing on the answer to one simple question: how we deal with each other on matters of conversations about the unknowableÐat least ``In addressing whatever decisions confront us, sexual intimacy? in this life. how can I, or we, take into fair account the The political elite has largely debased what And yet the certitude with which some politi- needs, concerns, and interests of those who passes for political dialogue on many crucial cal and religious figures attack those who are not `just like us' in social or economic issues. have legitimate differences of belief are dis- standing, cultural outlook, or political or reli- It has allowed its reliance upon the commu- heartening and appalling and border on the gious beliefs?'' We desperately need to ad- nity of pollsters and consultants to produce sacrilegious. Too many political and religious dress our key institutional shortcomings be- lowest common denominator discourse in leaders alike have allowed religionÐor the su- cause institutions are the major tools available which winning and holding power drive out perficial reference to religionÐto be used for to any culture, to any nation, to any society to any consideration of the need to educate and nonreligious purposes. They wrap political shape its future. Yet we continue to be trans- enlighten the public on almost every front. We commercial and ideological preferences in reli- fixed on the Starr-Clinton-Lewinsky soap should ask ourselves: Are there no lengths to gious ribbons and desecrate both religion and opera. which we will not go to seize or hold power? politics in the process. The nation has been moved to this focus Is there no amount of pain we will not inflict The Ten Commandments represent a guide because of two people: on each other for political gain? for living and for the treatment of others. God (1) Mr. Starr: On a number of accounts Mr. More and more, individuals are entering did not give them to us to provide a roadmap Starr's report grossly represents the over- Congress and other political institutions who for human beings and politicians to destroy reaching zealotry of a personally upright, but see issues not as problems to be confronted, each other. They are not a political program or ideologically and politically partisan, individual but concerns to be manipulated and toyed an economic platform. As Mario Cuomo once who, before he was appointed special pros- with around the margins in order to seize and said, ``God is not a celestial party chairman.'' ecutor, was already contemplating filing a hold power. So many debates are split along To the best of my knowledge, God has not yet court brief on behalf of Paula Jones and who party lines and driven by ideological enforcers taken a position on capital gains or other tax had indicated that he was planning to join (the modern day American counterparts of Mi- plans, but you would never know that by lis- Pepperdine Law School, and institution fi- chael Suslov, the old guardian of the purity of tening to some of the self-promoting political nanced in large part by a person who has Soviet Orthodoxy) that when bipartisanship manipulators who pass themselves off as the does occur, we are almost startled by its ap- contributed millions of dollars to try to bring ``Clergy of the Tube.'' down the President. Mr. Starr from all reports pearance. Politicians have no special qualifications to is a fine, upstanding human being, but a per- And the focus and limits of much of that de- judge the private lives of other people. In the son of his partisan and ideological mind set bate are set by political elites in both parties end, only God can do that. The Nuns at St. should never have been appointed to a posi- who rub shoulders with the financial and eco- James taught me a long time ago that we tion that called for, above all, unquestioned nomic elites of the nation far more often than have enough to do worrying about the stew- fairness balance and judgement. they do with every day working people. ardship of our own souls to pass judgment on (2) President Clinton: Up to this point, he The press itself, with all too few lonely and the private lives of others. has been the most personally talented politi- valiant exceptions, has fallen into the same Neither do religious leaders have any spe- cian of his generation. He appears to be a bad habits it legitimately criticizes in the politi- cial competence to judge the specific mecha- cians it covers. The press too (especially the nisms by which elected officials in a democ- person of good heart and courage who wants electronic media) drawn by the realities of the racy accomplish decent public ends. Those of to do good things for the country. But his ca- marketplace, has often become little more us in public life owe due consideration to their reer has been both promoted and crippled by than the public affairs entertainment division of opinions, but we have, after all, taken an oath a tendency to manipulate language in ways profit making corporations who will do almost to uphold the Constitution in accordance with that are technically in conformance with the anything to preserve market share instead of the dictates of our ownÐnot someone else'sÐ truth, but often are designed to obscure rather responding to the public's need to understand conscience and that is our own sacred public than clarify! the substance of issues before the country. duty under the Constitution. For example: As frustrating as I feel the The press, driven by market surveys and WeÐreligious and political leaders alikeÐ President's lack of candor to be in this epi- polls, produces story after story that portray have allowed debates about religious truths sode, I'm even more unhappy about the lack politicians as gladiators and celebrities rather and values to be used all too often as weap- of candor demonstrated by both the President than problem solversÐresponding to and ons to inflict pain and gain political advantage and congressional leaders in jointly obscuring strengthening some of the most unhealthy rather than as tools to find moral answers that the real effect of the budget agreement they public biases on the landscape. take decent account of the moral values of both sold to the nation last year on our ability For every question I get from a reporter others as well as ourselves. to meet our domestic responsibilities in about the substance of an issue, I get five We have all too often allowed the substi- strengthening education, health, environment, from other reporters about the politics of that tution of moralizing for morality and have al- housing, and social services. Why does that same issueÐreflecting both a laziness and a lowed the search for God to become a journey frustrate me more? Because the lack of can- shallowness that the country cannot afford. that develops hatred and contempt rather than dor in the first instance was meant to hide pri- And worst of all, some reporters cannot resist love for our fellow searchers. Example: On vate, personal conduct, but the second was a using any device to win a point, no matter how abortion, perhaps the most agonizing, trou- public event which had direct substantive con- much damage they do to the country and in- bling, and divisive of all moral debates in the sequences for American citizens and their nocent individuals in the process. One need public realm, both sides have allowed their families. look no further than the incident last Sunday own certitude about the will of God or their After finishing reading Mr. Starr's submis- in which a report from a Sunday talk show, dedication to unbending individualism, their sion of opinion and the response of the Presi- during his interview with the President's law- desire for tactical advantage, to get in the way dent's lawyers some things are clear to me yer, David Kendall, snidely asked Mr. Kendall of their responsibility to recognize good inten- and some things are not. I cannot really reach what Mr. Kendall's wife's definition of sex was. tions and honest nuances of conscience. And a final judgement on this depressing matter That reporter owes his own profession, his so that debate has become more and more a until I have had an opportunity to evaluate the viewers, and Mrs. Kendall a public apology for political manipulation of the legislative process thousands of pages of backup material which his inability to resist his ``Dennis the Menace'' rather than a search for areas of agreement are still to be released. But my first impres- impulses which have increasingly made that that would reduce the world's acceptance of sions of what I read are these. reporter a caricature of himself. Is there no abortion at the same time that it recognizes First, after four years and the expenditure of length to which some segments of the press the dignity of individual conscience. over $40 million since Mr. Starr was first ap- will go to humiliate other human beings in the All of these institutional failures are rooted in pointed to review the facts surrounding the name of ``news values''? two shortcomings. Whitewater land deal in Arkansas in the Even religious institutions have allowed One, simply a lack of knowledge or under- 1970s, we still have no finding of illegal con- themselves to fail the Nation in too many in- standing about how the world and institutional duct by the President in Whitewater, no finding December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11815 of illegal conduct by the President in the in- it has been handled by the leadership circles dent forced out of office and a Presi- vestigation of the White House travel office of our major institutions demonstrates a des- dent forced out of office. But then I am which Mr. Starr subsequently undertook, no perate need to examine how we can renew also reminded of the beauty of our sys- finding of illegality by the President on the those crucial institutions. tem. Nothing happened seriously. The matter relating to the FBI file case. All we In two years the millennium will draw to a system operated beautifully. Life went have is a document which is largely focused close. This nation's institutions are simply not on. No crisis. But, again, we are back on what actions the President took to hide ready to lead this country into a new one. to something very similar to what hap- sexual conduct that had not even occurred I would never in three lifetimes call for a pened then. when Mr. Starr was first appointed Independ- new Constitutional convention because this I began the day by reading an article ent Prosecutor. generation of political leadership is highly un- in a New York newspaper, and I quote: There's no doubt that some conduct cited in likely to improve on the work of the Founding ‘‘Two more cops were arrested yester- the allegations is indeed troubling. Many other Fathers; it is much more likely to muck it up. day on Federal charges of lying when allegations clearly overreach. But I do believe we need to have Millennium questioned by the FBI.’’ They were not Mr. Starr's allegation that the President Conventions convened for the purpose of ex- before a grand jury. They were two acted illegally by misleading his own staff amining ways to reshape, redirect, and highly decorated officers. about his sexual activity is a real stretch as is refocus almost all of our institutionsÐeco- Then I turned to the sports page from his allegation that the President acted illegally nomic, corporate, political, communication, re- one of the Washington newspapers, and by pursuing legitimate questions of Executive ligious, and even our international institutions I read the following: ‘‘A former North- Privilege. Mr. Starr's active advocacy of im- such as the IMF, the U.N., and NATO. western football player pleaded not peachment, going so far as to draw up poten- In the political area, we need special atten- guilty and denied lying to Federal tial articles of impeachment, is, as the Wash- tion paid to the presidential nominating proc- grand juries.’’ The article also said two ington Post has said, an ``arrogant'' act that ess to try to find ways to reduce the impor- other players have been charged with claims for Mr. Starr a responsibility that is tance of candidates' media skills and increase lying. solely the prerogative of Congress. Mr. Starr's the role of peer review by people who know There are more than 100 people in job is to lay out the facts in ``Joe Friday them best, if both parties are to produce can- prison today, in Federal prisons, for perjury. Some of those were prosecuted style''Ðas Mr. Starr himself has on occasion didates with the qualities necessary to lead by this administration, and some of pointed out. It is not to reach a conclusion the nation. those dealt with sex. Our constitu- about what actions Congress should take. I do not know how we can change the tional system of government cannot That is our job. human heart, but we need to find ways to re- But, Mr. Starr's overreaching does not ob- shape the major institutions of this society so survive if we allow our judicial system to be undermined, and, again, giving scure the fact that the President appears at that there are more incentives to produce a you the three illustrations that I just this moment to have provided information to new focus on selflessness. That is the major gave, what are they to think? How are the public in the Paula Jones suit and possibly task that we each face as individuals on life's they to be treated differently than any- to the grand jury that obscured the truth, even journey, and we need more helpÐand less one else, even if it is the President of if it did not technically violate it. If that proves hindranceÐfrom the institutions that dominate the United States? our lives along the way. to be the case, the question we will then have This vote will be the most monu- Mr. MCCOLLUM. Mr. Speaker, I yield to answer is: ``What is the proper action for mental I will cast in all 24 years of one minute to the gentleman from Congress to take?'' Congressional service. Our republic has Georgia (Mr. BARR). The actions taken by President Clinton, re- weathered two centuries, a civil war, Mr. BARR of Georgia. Mr. Speaker, grettable though they may be, are far different but it cannot weather corruption of its while I sincerely doubt that those who from the actions President Nixon took in Wa- basic tenet, the oath of office. The oath continue to bow down before the holy tergate. The actions in Watergate involved of office is that invisible bond which grail of censure will let the historical burglarizing and wiretapping political oppo- links the people to their elected rep- record of precedent interfere with their nents, attempting to use the IRS to intimidate resentatives, and, upon its strength, support for this notion of censure, I political opponents, financial payoffs to de- the virtue of this republic stands. fendants in criminal cases, and other uses of would direct those Members who still Similarly, the virtue of our legal sys- the levers of governmental power to subvert trust historical precedent, I would di- tem rests upon a simple oath, to tell the very democratic process that underlies the rect their attention to a communica- the truth, the whole truth and nothing essence of America. tion from President Andrew Jackson, but the truth, so help you God. In contract, this case is largely about actions the last President who was censured, as I believe the President violated this taken by the President to obscure personal he at great length and eloquently set oath, and, by violating the oath, Mr. conduct. They are not in the same league as forth in a communication to this body, Speaker, I think he has violated the Mr. Nixon's. printed in the official records of this oath of office, and we must proceed That does not necessarily mean that some body, ‘‘Censure, although it may have with these articles of impeachment. action by Congress may not be warranted. If a place in certain procedures in the The Constitution clearly states the it is, based on what we know now, the case Congress, it has no place if it is used as course for this body to follow, it clear- of Speaker Gingrich may be instructive. a substitute for impeachment.’’ ly tells us what that course is, and it In the case of the Speaker, the House de- The precedent that applied back in would be an abdication of our duty not termined that the proper action for the House the 1830’s, in 1834 when that took place, to follow that course. to take was to reprimand the Speaker for hav- which was the basis for its later Our republic and its institutions ing misled the House in the ethnics investiga- expungement in the very next Con- must be defended, and this House must tion of his political activities. Because the es- gress, are just as relevant today. Cen- send the message that no man, not sence of the charges against the President sure is unconstitutional if in fact it is even the President, is above the law. seem to be similarÐthat his actions also ap- used or attempted to be used as a sub- Therefore, it is my duty to defend the pear to have been designed to obscure the stitute for impeachment. rule of law and support the articles of truthÐa congressional reprimand or sanction Mr. MCCOLLUM. Mr. Speaker, I yield impeachment. of some sort, rather than removal from office, three minutes to the gentleman from Mr. CONYERS. Mr. Speaker, if I may prove to be the most appropriate action. Pennsylvania (Mr. GOODLING). might, the requests on our side are so It would be especially so if it allowed Con- (Mr. GOODLING asked and was given numerous, we still have over 40, I want gress to end this matter in a much shorter pe- permission to revise and extend his re- to read the names of my colleagues, riod of time so that the Congress and the marks.) and, with apologies to some of the Presidency can refocus our attention and our Mr. GOODLING. Mr. Speaker, I Members who have been waiting all activities from the past private misdeeds of thank the gentleman for yielding me morning, I would like to indicate that this President to the future public needs of the time. the next Members that will be recog- nation and the people we are supposed to Mr. Speaker, I am saddened that I am nized on this side of the aisle are Ms. represent. witnessing something very similar to- SLAUGHTER, Mr. KILDEE, Mr. FILNER, I do not know how this sad chapter will end, day that I witnessed 25 years ago when Mr. MCGOVERN, Mr. KLINK, Ms. KIL- but I do know that this episode and the way I first ran for this office, a Vice Presi- PATRICK, Mr. HASTINGS, Mrs. LOWEY, H11816 CONGRESSIONAL RECORD — HOUSE December 18, 1998 Mr. WYNN, Mr. KUCINICH and Ms. Mr. Speaker, I include the editorial from the Whether or not it meets the technical defi- PELOSI. Chicago Tribune of December 17, 1998, with nition of perjury, Clinton lied under oath— Mr. Speaker, I yield such time as he my remarks. first in his deposition in the Paula Jones sex- ual harassment lawsuit, again in his testi- may consume to the gentleman from [From the Chicago Tribune, Dec. 17, 1998] mony to a federal grand jury. Illinois (Mr. YATES). THERE IS NO CASE FOR IMPEACHMENT Without question, those are serious mat- (Mr. YATES asked and was given per- From the beginning, our editorial concern ters. Any attempt to subvert the justice sys- mission to revise and extend his re- in the Clinton-Lewinsky episode has been to tem is serious, especially if made by the per- marks, and include extraneous mate- see a sense of proportion maintained. son charged by oath to ‘‘take care that the rial.) ‘‘What’s it worth to get Clinton?’’ we asked laws be faithfully executed.’’ Mr. YATES. Mr. Speaker, I was elected to repeatedly, as Independent Counsel Kenneth But context is everything. Clinton lied to the House of Representatives for the first time Starr hauled in Monica Lewinsky’s mother avoid deep personal embarrassment, not to to put the squeeze on her daughter, as he in 1948 and 23 times thereafter. For that rea- seize, maintain or subvert the power of the subpoenaed Secret Service agents, as he state. His were the pathetic lies of a man son, I am frequently asked by the press these challenged the posthumous validity of the caught in marital infidelity, not those of a days whether this Congress differs from the lawyer-client privilege. traitor or a trader in government influence. early ones to which I was elected. The issue, in our view, was never simply His were low crimes and misdemeanors, not I answer yesÐthere is a difference. There is what it was legal to do in pursuit of Clinton, the high crimes and misdemeanors that the a difference in the ambience, in the relation- but what it was wise to do. And too much Constitution sets as the threshold for im- ship between Members of the two parties. I that has been done, we regret to say, has peachment. been terribly unwise. But nothing that has Again, it’s a matter of proportion. When have the impression that in the earlier Con- been done to this point is as unwise as what gresses Members were friendlier than now the House Judiciary Committee was consid- the House of Representatives will do if it ering whether to impeach Richard Nixon, it and I regret that. And they were friendlier to- votes to impeach the president. rejected an article citing Nixon’s perjury in wards the Presidency. That we stand this morning on the verge of signing a fraudulent income tax return. That Nobody thought of impeaching a President. a presidential impeachment—for only the offense, the Democrat-controlled committee In the 81st Congress, the Republicans did not second time in our nations history—is evi- concluded, did not rise to the level of an im- like Harry TrumanÐthey criticized him. They dence of how utterly the sense of proportion peachable offense. It ought to be likewise in has been lost. this instance for Clinton and his sorry lies. voted against his Fair Deal programs, they The first time a president was impeached— Three months ago, in the wake of the Starr abused him for firing General MacArthur, they Andrew Johnson in 1968—it arose out of ac- report to Congress, we called on Clinton to called him a tool of the Prendergast machine tions he took in the wake of the Civil War, resign—as a matter of honor. He has not, actions having to do with the terms of Re- in Kansas CityÐbut there never was one however, elected to oblige us and given his construction and the political status of mention of impeachment. character, that’s no surprise. newly freed blacks and rebellious whites in But that was prior to the special prosecutor But impeachment is a very different mat- the restored union. Even if the case ulti- law. That changed things and now we have a ter. It is a constitutional sword meant to be mately was meritless, it at least was about a unsheathed only in the gravest, most un- special prosecutor, Mr. Starr, who investigated matter of real moment. and found nothing to blame on Mr. Clinton on In the current instance, the impeachment usual circumstances and to be wielded only Whitewater, Travelgate, Filegate, his original turns on whether Bill Clinton, in a lawsuit of to preserve the security and integrity of the dubious merit but indubitably mischievous republic. charges. Then he stumbled on Monica Use it in this instance, against Clinton and intent, lied about a tawdry, illicit—but con- Lewinsky. That gave him his chance. for these offenses, and it will instantly be- Starr is determined to drive Mr. Clinton out sensual—sexual affair with another adult. The issues in the two instances are not come one more tool, one more bludgeon, in of the PresidencyÐand in this bill, the Repub- even close to being of the same gravity, and the partisan wars that are turning our poli- licans are taking his recommendations to im- any member of the House who dares suggest tics into a wasteland and turning our people peach himÐas the Chicago Tribune saidÐfor they are deserves the contempt of his con- off. Like the independent counsel law that ``low crimes and misdemeanors.'' There are no stituents today and of history in the future. has become Richard Nixon’s revenge, the high crimes and misdemeanors that either Mr. There still is time for the House to escape promiscuous political use of impeachment that judgment and for the nation to escape will be Bill Clinton’s. Starr or the Republicans can cite. It is unfortu- There are no ‘‘high crimes and misdemean- nate that the Congress should even consider the descent into political hell that an im- peachment vote in this instance would rep- ors’’ in this case. There is no basis for im- the bill. resent. But it will demand a measure of cour- peachment. Let the House vote down these Yesterday, the Chicago Tribune, not a lib- age and statesmanship that so far has been proposed articles, and vote up a stern, his- eral newspaper, but rather the paradigm of conspicuously missing. torically indelible resolution of censure. Republican conservatism over the many years It has been missing most prominently in Mr. CONYERS. Mr. Speaker, I yield 3 it has been in existence, published an editorial the House Republican leadership, which has minutes to the gentlewoman from New refused adamantly to allow a vote on cen- entitled, ``There Is No Case for Impeachment.'' York (Ms. SLAUGHTER). Its arguments were sound and well-reasoned. sure—the penalty most Americans say is ap- propriate for Clinton’s offense, the alter- (Ms. SLAUGHTER asked and was Its excellent editorial concludes: native many GOP House members would like given permission to revise and extend But impeachment is a very different mat- to have, the course recommended by such her remarks.) ter. It is a constitutional sword meant to be party elders as Gerald Ford—and insisted in- Ms. SLAUGHTER. Mr. Speaker, most unsheathed only in the gravest, most un- stead that the only allowable vote must be of us feel a surreal atmosphere here in usual circumstances and to be wielded only on impeachment. America’s capital. I envision the dome to preserve the security and integrity of the In this regard, Robert Livingston, the of this magnificent building swathed in republic. speaker-elect of the House, already has Use it in this instance, against Clinton and failed his first great test of leadership—pos- black, because this is truly a day of for these offenses, and it will instantly be- sibly the greatest test he ever will face. We mourning, and history will not judge come one more tool, one more bludgeon, in must accept that Livingston is sincere when us well. the partisan wars that are turning our poli- he says he believes that the House, which The process that brought us to this tics into a wasteland and turning our people routinely passes resolutions praising every- point was so fatally flawed that no one off. Like the independent counsel law that thing from peanuts to Ping-Pong players and can reasonably feel that justice has has become Richard Nixon’s revenge, the condemning bad actors from all over the been done. The Independent Counsel’s promiscuous political use of impeachment world, is constitutionally barred from cen- investigation has gone on for five will be Bill Clinton’s. suring Clinton. We accept Livingston’s sin- years, although we find he did not per- There are no ‘‘high crimes and misdemean- cerity, but question his wisdom—and marvel ors’’ in this case. There is no basis for im- at how neatly this judgment coincides with sonally participate in much of it. The peachment. Let the House vote down these the rank, poisonously partisan nature of this investigation itself will be debated for proposed articles, and vote up a stern, his- entire proceeding. years to come. The role of the perfid- torically indelible resolution of censure. Of course, we would not be in this fix if it ious friend, Linda Tripp, who worked in Mr. Speaker, I regret very much that my last were not for William Jefferson Clinton, as collusion with both the Independent vote as a Member of this House should be on amazing a human being as has ever occupied Counsel and the civil case lawyers, the presidency. Brilliant, charming and im- shows how amateurish and unfair Ken- a bill like the bill under consideration. It should mensely talented, Clinton also is a pathetic never have been approved in committee. It creature, slave of his enormous sexual appe- neth Starr’s stewardship was to the Of- must be voted down by the House. I shall vote tite and addicted to lying. It is those last fice of Independent Counsel. The harm against the billÐthere is no case for impeach- two attributes that have brought him to this it has done to due process, the lawyer- ment. current, perilous pass. client relationship. And the secrecy of December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11817 the grand jury. Will be lasting and de- obstruction are ignored, or they are the rights of all citizens, who must rely upon structive. classified as merely minor offenses, the courts to protect their rights. If lying under The Committee on the Judiciary did then we have jeopardized the rights of oath in our courts and obstruction are ignored not fulfill its responsibility to inde- everyone who seeks redress in our or classified as ``minor'', then we have jeop- pendently hear from material wit- courts. ardized the rights of everyone who seek re- nesses to assess their credibility and to Lying under oath is an ancient crime dress in our courts. Lying under oath is an an- allow the President the opportunity to of great weight because it shields other cient crime of great weight because it shields cross-examine them. Instead, it has offenses, because it blocks the light of other offenses, blocking the light of truth in brought to the floor this highly- truth in human affairs. It is a dagger in human affairs. It is a dagger in the heart of charged partisan resolution. the heart of our legal system, and, in- our legal system and our democracy; it cannot Impeachment has always been re- deed, in our democracy. It cannot, it and should not be tolerated. served as a last resort as the check of should not, it must not be tolerated. We know that ``a right without a remedy is an executive’s abuse of power. It was We know that a right without a rem- not a right''. If we allow, ignore, or encourage not intended to be invoked lightly. edy is not a right, and if we ignore, lying and obstruction of justice in our legal In the Federalist Papers No. 65, Alex- allow or encourage lying and obstruc- system, then the rights promised in our laws ander Hamilton warned that the pros- tion of justice in our legal system, then are hollow. Our laws promise a remedy ecution of impeachments ‘‘will connect the rights promised in our laws are hol- against sexual harassment, but if we say that itself with the pre-existing factions and low. '`lying about sex in court'' is acceptable or ex- will list all their animosities, pected, then we have made our sexual har- b 1445 partialities, influence and interest on assment laws nothing more than a false prom- one side or the other; and in such cases Our laws promise a remedy against ise, a fraud upon our society, upon our legal there will always be the greatest dan- sexual harassment, but if we say that system, and upon women. Therefore, I must ger that the decision will be regulated lying about sex in court is acceptable vote in favor of counts one, two and three of more by the comparative strength of and indeed, even expected, then we impeachment. The greatest challenge of free peoples is to parties, than by the real demonstra- have made our legal harassment laws restrain abuses of governmental power. The tions of innocence or guilt.’’ nothing more than a false promise, a power of the American presidency is awe- History tells us that Hamilton’s fear fraud upon our society, upon our legal some. When uncontrolled and abused, presi- was realized in the 1868 impeachment system, and upon women. dential power is a grave threat to our way of of Andrew Johnson, impeached because All that stands between any of us and life, to our fundamental freedoms. Clearly im- Republicans did not like his personal tyranny is law. The rule is con- proper use of executive power by the Presi- habits and his sympathy for the de- templated in our social compact and dent to cover-up and obstruct investigations of feated Southern states. History records backed up by our courts. If we his public lying in our courts cannot be toler- his real crime was disagreeing with the trivialize the role of truth in our judi- cial system by simply assuming that ated. If not checked, such abuses of power majority party. serve to legitimize the use of public power for I fear that history will view this 1998 everyone will lie, then we trivialize the private purposes. Mankind's long struggle impeachment inquiry similarly. A courts themselves, we trivialize the rule of law. throughout the centuries has been to develop total control majority urges impeach- governmental systems which limit the exercise ment, not for treason, bribery or other The office of the presidency is due great respect, but the President, of public power to public purposes only. high crimes or misdemeanors, but be- Therefore, I must, in exercising the public cause they disdain this President for whomever may hold that office, is a citizen with the same duties to follow power entrusted to me, act to restraint the ex- his moral flaws, ranging from military ercise of public power to public purposes service evasion to flagrant infidelity. the law as all of us, as all of our citi- zens. The world marvels that our Presi- alone; and I must vote in favor of count four. Scholars disagree on whether the In reviewing this grave matter of impeach- dent is not above the law, and my vote Constitution requires an indictable ment, we must seek guidance in first prin- will help ensure that this rule contin- crime. But most agree that at mini- ciples. These principles are all based on the mum, an impeachable high crime or ues. recognition of the social compact under which misdemeanor is one, in its nature or With a commitment to the principles of the we as citizens join together in the American consequences, that is subversive of rule of law which makes this country the bea- Republic. Each of us have given up many indi- some fundamental or essential prin- con of hope throughout the world, I cast my vidual prerogatives (use of force, private pun- ciple of government. vote in favor of the four counts of impeach- ishment, etc.) in return for promisers, the com- The allegations against President ment of the conduct of the President of the mitments, the elements of social compact. The Clinton, even if proven, are not subver- United States. As a Representative in Con- central promise or commitment of our compact sive of our government. The President gress, I can do no less in fulfilling my respon- is that our laws will be enforced equally with is not accused of abusing the power of sibility to the Constitution and to all who have respect to all, that our civil rights and civil his office or attacking a fundamental preceded me in defending the Constitution grievances will be fairly adjudicated in our freedom of any American. He is ac- from erosions of the rule of law. courts, and that the powers we give up to gov- cused of lying about, and attempting to Each of the impeachment counts concerns ernment will be used only for governmental prevent the revelation of, his consen- the public conduct of the President, including purposes related to the common good. sual activities with a White House in- allegations of lying under oath in grand jury When these elements of the social compact tern. Were they wrong? Undeniably. and civil judicial proceedings, obstruction of are violated, the legitimacy of the exercise of Can they be punished through the legal justice, and abuse of power. The supporting governmental powers is brought into question system? Absolutely. Should he be im- evidence is clearly sufficient to warrant im- and the underlying compact itself is threat- peached? No. peachment. The Constitution, the rule of law, ened. Each members of the compactÐeach Mr. MCCOLLUM. Mr. Speaker, I yield and truth should be our only guides. citizenÐreceived the guarantee, received the two minutes to the gentlewoman from These allegations of lying under oath, ob- promise from his or her fellow citizens, that Florida (Ms. ROS-LEHTINEN). struction of justice, and abuse of presidential the compact would be honored and that the (Ms. ROS-LEHTINEN asked and was power are not about private conduct, but in- laws would not be sacrificed on a piecemeal given permission to revise and extend stead about public conduct in our courts of law basis for temporary harmony or immediate her remarks.) and in exercising presidential responsibilities. gain of some (even in a majority) over others Ms. ROS-LEHTINEN. Mr. Speaker, Public duties and public power are involvedÐ (even a minority). None of us are free, for any our courts of law and our legal system and therefore the matters are of the greatest reason of convenience or immediately avoid- are the bedrock of our democracy and public concern when those public duties are ance of difficult issues, to ignore our promises of our system of individual rights. violated and those public powers are abused. to our fellow citizens. Our social compact does Lying under oath in a legal proceeding Our courts of law and our legal system are not permit the breaches of these commitments and obstruction of justice undermine the bedrock of our democracy and of our sys- to our fellow citizens, and to do so would di- the rights of all citizens who must rely tem of individual rights. Lying under oath in a rectly deprive those citizens (whatever their upon our courts to protect their rights. legal proceeding (whether criminal or civil in voting strength or numbers) of our solemn If lying under oath in our courts and nature) and obstruction of justice undermines promise of the rule of law. H11818 CONGRESSIONAL RECORD — HOUSE December 18, 1998 All that stands between any of us and tyr- rule deprives us of the right to vote for very different time. Instead, we must rely on anny is lawÐthe rule as contemplated in our the solution which the majority of our the Constitution, our system of justice, and our social compactÐbacked up by our courts. If citizens support. conscience. we trivialize the role of truth in our judicial sys- Someone quoted Tip O’Neill from Why are we here today? Because the Re- tem by simply assuming that everyone will lie, Breslin’s book. I want to remind my publican majority or the Democrat minority then we trivialize the courts themselves, we colleagues that that was a private con- willed it? I believe not. Because the majority of trivialize the rule of law. In doing so, we versation, not the rule of the House, a American people desire this? That doesn't ap- trivialize the eternal search for justice for the private conversation long before Tip pear to be the case. For political, partisan ad- weak under law, in place of exploitation of the O’Neill became Speaker. He became vantage? I don't think so. No, there's only one weak under arbitrary private power of the Speaker in 1977, the first vote I cast. reason for this national nightmare, and that's strong. I will not be a party to such demanding This unfairness in this rule, the un- the actions and conduct of President William of the most fundamental struggles of human- fairness in depriving us of the right to Jefferson Clinton. kindÐand I will not be a party to the attempt vote on censure is in sharp contrast to No other person, party, group, or body can to escape the consequences of his public acts our moment of greatness when we de- or should accept the responsibility for this day by the President through such trivialization. bated the Gulf War in 1991. This House and the four articles of impeachment before The Office of Presidency is due great re- deserves better, and the American peo- us. No one else, especially the Members of spect, but the President (whomever may hold ple deserve better. this Congress, willed or wished for this ignoble the office), is a citizen with the same duty to Mr. MCCOLLUM. Mr. Speaker, I yield day to dawn on this great land. follow the law as all of our citizens. The world 2 minutes to the gentleman from Illi- The charges against the President are seri- marvels that our President is not above the nois (Mr. EWING). ous and they are substantiatedÐPerjury by law, and my votes will help ensure that this (Mr. EWING asked and was given per- lying under oath to a federal grand jury; per- rule continues. mission to revise and extend his re- jury by lying under oath in the deposition of Mr. CONYERS. Mr. Speaker, I yield marks.) the Paula Jones civil lawsuit; obstruction of such time as he may consume to the Mr. EWING. Mr. Speaker, I thank the justice through witness tampering, relocating gentleman from Pennsylvania (Mr. gentleman for yielding to me. of evidence, and frivolous claims of executive HOLDEN). Mr. Speaker, I rise with a heart that privilege; and abuse of power by misleading (Mr. HOLDEN asked and was given is heavy and filled with concern for our his staff, cabinet, and other operatives in an permission to revise and extend his re- presidency, concern for our system of effort to destroy the reputations of innocent marks.) basic justice, and concern for our great people. Mr. HOLDEN. Mr. Speaker, I rise in Nation. The charges against the Presi- The evidence in support of these charges is opposition to the resolution. dent are serious, and they are substan- clear, overwhelming, and for the most part un- Mr. Speaker, I rise today in opposition to tiated. Perjury by lying to a Federal disputed, notwithstanding an unprecedented this resolutionÐnot because the President did grand jury, perjury by lying in a depo- attempt to confuse the issue and divide the not do wrong and should not be punishedÐhe sition, obstruction of justice, abuse of country. Those who refute this evidence would did do wrong and should be punished. But I power. The evidence in support of these have you believe this is only about a personal do not believe this rises to the level of high charges is clear, overwhelming, and, sexual dalliance between consenting adults, crimes and misdemeanors our Founding Fa- for the most part, undisputed. and that it has no impact on our countryÐand thers envisioned. They talked about crimes The Oval Office is a part of the peo- that this is a private affair. Nothing could be against the countryÐthat is why they specifi- ple’s House, which is the symbol of further from the truth. cally cited bribery and treason. This does not American honor, of America’s dedica- This is not about some seamy sexual en- rise to that level. tion to what is right, and to justice for counter in some remote part of this urban city, I believe the President should be punished our people and all people throughout but it is about our Commander in Chief and and should be censured. the world. Our President’s conduct in his conduct in the Oval OfficeÐconduct that Mr. Speaker, I have never made a partisan many ways impacts our Nation, im- included having sexual relations with a young speech on the floor of the House in my six pacts the ability to lead at a time when intern while at the same time, having a con- years in Congress. But today, I cannot believe leadership is needed, perhaps as much versation with a senior member of Congress that the Majority party has not given me the as ever in our history. about whether or not to send our young men opportunity to vote my conscience by allowing While I recognize that this country and women into harm's way in Bosnia. a vote of censure. and yes, my legislative district in cen- Just take a step back and think about that. It is wrong and it is unfair. tral Illinois is deeply divided on what What if this was your son or daughter, your Mr. CONYERS. Mr. Speaker, I yield 2 we should do here, no thoughtful per- husband or wife? If it was, would you still con- minutes to the gentleman from Michi- son who has visited with me about this sider this conduct to be private? gan (Mr. KILDEE), a comrade. grave question really questions the The Oval Office is part of the ``People's Mr. KILDEE. Mr. Speaker, most facts surrounding the President’s con- House,'' which is the symbol of American Members of this House serve their duct. But the decision is very difficult. honor, of America's dedication to what is right, country without ever being called upon How, then do I come to a decision in and to justice for our people and all people to address two of the most awesome this matter? throughout the world. This is far from a private questions that could come before this Well, as I look into the eyes of my affair. Our President's conduct in many ways body, and they are the question of war grandchildren or as I attempt to stand impacts our nation, impacts his ability to lead and the question of the impeachment tall in the counsels of my own family at a time when such leadership is needed, of the President of the United States. with my adult children, I know that I perhaps as much as ever in history. During my time in this House, I have can follow but one course. That course While I recognize this country and yes, my been handed both bitter chalices. allows me to put aside all fear for my legislative district in the heartland of Illinois, However, in our consideration of the own political future or that of my are deeply divided on what we should do Gulf War, this House rose to its very party. I must vote for what I believe is here, no thoughtful person who has visited best. Full, fair and thorough debate right, what is fair, what is appropriate, with me about this grave question really ques- took place, and no matter how one and what is demanded to address the tioned the facts surrounding the President's voted at the end of that debate, every- consequences of the actions of Presi- conduct. Most condemn his conduct and say one agreed that it was one of the finest dent Clinton. I must vote for impeach- it was wrong, wrong, wrong. Some question hours of this House. ment. the penalty that is deserved for his actions. Today, our deliberations lack that Mr. Speaker, I rise with a heavy heart filled Many would have us think first of what the fundamental element of fairness. Most with concern for the presidency, with concern political ramifications are for the Republican of us believe that the President’s be- for our system of basic justice, and with con- majority, the first Republican majority in over havior and actions were wrong and de- cern for our great nation. Only once before in half a century to last for more than two years. serve censure. Unfortunately, we are our history has this House been called to vote Some believe it is vindictiveness against our not allowed to consider and vote on a upon articles of impeachment against a Presi- President. Others say we should decide this resolution of censure of the President dent. That vote was some 145 years ago. We question based on what is easiest or expedi- of the United States. This unfair gag can find little guidance from that far away and ent, what's best for the economy, what's in December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11819 each Member's best political interest, or what supported by most Americans. It is a Nearly a century ago, Theodore Roo- the latest polls say. The answer is we should course of action supported by a major- sevelt observed, not allow any of these reasons to guide our ity of this House were we allowed to We can afford to differ on the currency, the thinking. vote on it, yet the Republican leader- tariffing and foreign policy, but we cannot Instead, we must put America first, along ship is so obsessed with getting this afford to differ on the question of honesty if with what's right for our peopleÐno matter the President, they will not even allow this we expect our republic permanently to en- risk, no matter what the polls say, no matter alternative to be debated. Why do we dure. Honesty is not so much a credit as an the most politically popular or expedient. We not get our vote of conscience? Where absolute prerequisite to efficient service to the public. Unless a man is honest, must support the rule of law, one law for all is the rule of fairness? our people, no matter how powerful or popu- Our vote today must not only he said, lar. No one else in America could retain their produce justice, it must bring America we have no right to keep him in public life. position and status who have committed simi- together; it must heal America. The It matters not how brilliant his capacity. lar acts. In fact, most would face felony crimi- questioning of the President’s motives Some anti-impeachment proponents, nal charges. The honor of our judicial system in Iraq are only the beginning of a dis- Mr. Speaker, have accused those who is at stake, and it must be upheld for sake of trust and a suspicion that will engulf plan to vote for the articles before us future generations. this Nation during a long impeachment of hating the President. I have no hate How do I come to a decision in this matter? trial. toward President Clinton, but it is my As I look into the eyes of my grandchildren, or We must bring closure to this sorry belief that the President did, in fact, as I attempt to stand tall and just in the coun- chapter in our history as quickly as commit perjury, and we can ill afford sels of my own family, with my adult children, possible so we as a Nation can move on to turn a blind eye to this offense. If we I know that I can follow but one course. And to deal with our domestic and inter- do so ignore it, what sort of precedent that course allows me to put aside all fear for national problems. do we establish when subsequent mat- my own political future or that of my party. I I urge this Congress to immediately ters involving perjury arise and must must vote for what I believe is right, what is censure the President, begin the proc- be resolved in a fair and impartial fair, what is appropriate, and what is de- ess to heal the breach of trust that en- manner? gulfs us. Vote ‘‘no’’ on the impeach- manded to address the consequences of the Much anxiety has been expressed, Mr. ment resolution. actions of President William Jefferson Clinton. Speaker, about tying up the country if Ken Starr has already spent four years and As one of the leading newspapers in my this matter is transferred to the Sen- $40 million investigating every aspect of the district recently said, and I quote, ``President ate for adjudication. This, in my opin- President's public and private life. It is irre- Clinton should be a model for law and order, ion, is not well-founded. If the House sponsible for this process to go any further not an exception. Due process needs to be impeaches, the Senate has wider lati- and tie up our nation for who knows how long. carried out and the President should stand tude and more flexibility than we in The world economy is collapsing, our health trial before the Senate.'' the House. The Senate is obliged to I know for myself, and I would imagine for care system needs major reform, our whole commence the trial, but it could termi- many here, we have sought guidance through campaign finance system is corruptÐand we nate prior to conclusion. The Senate prayer and many others have prayed for us. will be talking for months about who touched could impose a penalty, it is my opin- There is no doubt as to the seriousness of our who where! ion, without removal; or, the Senate We've heard much today about ``the rule of actions, in what certainly will be the most dif- could convict and remove. The Senate law.'' All of us here today respect the rule of ficult vote of my political career. Yet I have is capable of discharging the duty in law. But the aim of the rule of law is justiceÐ been able to reach but one inescapable one of several ways in limited time. a word that I never, ever heard from the ma- decisonÐthat President William Jefferson The people’s House is the body jority members on the Judiciary Committee or Clinton has indeed committed high crimes and charged with the duty of accusing, and here today. misdemeanors against our nation, and there- this is the duty we will discharge. If In this case, justice demands something in the impeachment articles before us fore I must support the findings of the House between ``no action'' and the national agony of Judiciary Committee and vote for impeach- fail, it will have been the will of the impeachment. That something has been called House. If the impeachment articles be- ment. ``censure''Ðand it is a course of action which Mr. CONYERS. Mr. Speaker, I yield 2 fore us are passed, the Senate will then is supported by most Americans. It is a course minutes to the gentleman from Califor- discharge its duty. The process will of action that is supported by the majority of nia (Mr. FILNER). have been well served. this HouseÐwere we allowed to vote on it. (Mr. FILNER asked and was given Mr. CONYERS. Mr. Speaker, I am Yet the Republican leadership is so obsessed permission to revise and extend his re- pleased to yield 21⁄2 minutes to the gen- with getting this President, they won't even marks.) tleman from Massachusetts (Mr. allow an alternative to be debated and voted Mr. FILNER. Mr. Speaker, I rise MCGOVERN). on. Why don't we get our ``vote of con- today to vote ‘‘no’’ on impeachment. In Mr. MCGOVERN. Mr. Speaker, I have this way, I am voting ‘‘yes’’ to protect- science''? Where is the rule of fairness? spent most of my adult life dedicated Our vote today must not only produce jus- ing our Constitution. It is we who op- to public service. Twenty-one years ago tice, it must bring America together, it must pose this travesty today who are in I began my work in the Congress, first heal America. The questioning of the Presi- fact supporting our Constitution. as an intern in the other body for dent's motives in Iraq are only the beginning In the view of the Framers, impeach- George McGovern of South Dakota, of the distrust and suspicion that will engulf ment is reserved for those who under- and later as a staff member for the gen- this nation during a long impeachment trial. mine the fundamental political and tleman from Massachusetts (Mr. MOAK- We must bring closure to this sorry chapter constitutional structure of our union. LEY), and now as a Member of the in our history as quickly as possibleÐso we While President Clinton’s behavior was House from Massachusetts. as a nation can move on to deal with our do- both reckless and indefensible, it is not I am proud to serve my country. I mestic and international problems. I urge the impeachable. It is this Congress that is have enormous respect for this institu- Congress to immediately censure the Presi- subverting the Constitution by tion, and I consider it a high honor and dentÐand begin the process to heal the trivializing the impeachment process. a great privilege to serve in this body. breach of trust that engulfs us now. We have heard much today about the Vote ``no'' on this impeachment resolution. I have tried, to the very best of my rule of law. All of us here today respect Mr. MCCOLLUM. Mr. Speaker, I yield abilities, to uphold the great traditions the rule of law, but the aim of the rule 21⁄2 minutes to the gentleman from of this Congress and the Constitution of law is justice, a word that I never, North Carolina (Mr. COBLE), a member of the United States. ever heard from the majority Members of the committee. Unfortunately, those traditions and on the Committee on the Judiciary or Mr. COBLE. Mr. Speaker, I thank the that Constitution are under siege here today. In this case, justice de- gentleman for yielding to me. today. They are victims of an ill-timed, mands something in between no action Two quotes of relevance, my col- unfair and partisan process that does a and the national agony of impeach- leagues. Wendell Holmes said, great disservice not only to the Presi- ment. That something has been called Sin has many tools, but the lie is the han- dent of the United States, but to the censure, and it is a course of action dle which fits them all. people of this country. H11820 CONGRESSIONAL RECORD — HOUSE December 18, 1998 The timing of this debate is wrong. It our hearts we all know the answer to ment have not contradicted one word is wrong for this Congress to publicly that. The question is whether we have of testimony contained in over 60,000 and purposely attempt to weaken the the integrity to do our duty under the pages of sworn evidence, not one scin- Commander in Chief at the very mo- Constitution and laws, and to stand up tilla. ment the young men and women of our for what is right, or whether by failing Those against impeachment should Armed Forces are engaged in battle. to do that we are going to become part make their case based upon the facts. Waiting just a few days until the of what is wrong. Are we to conclude that the actions bombs have stopped falling would not Public officials commit private outlined in these four articles of im- have denied the Republican majority wrongs. We know that happens. The peachment are permissible behavior for the opportunity to go after this Presi- issue is whether, when they are called a chief executive officer? Any military dent. But it would have meant a great to account for it in some forum, they officer, from general to private, would deal to the soldiers half a world away act honorably and live up to the con- be court-martialed. Any private citizen who are putting their lives at risk for sequences of what they do, or at least would risk prosecution. Any church our freedom. they act accordingly the minimum leader, CEO of a Fortune 500 company, Mr. Speaker, every American is deep- standards that we are entitled to ex- high school faculty member, or com- ly disappointed with the President’s pect and insist upon from people who munity leader, would not face censure, behavior. There is no debate about occupy positions of trust. they would be fired for similar conduct. that. But that is not the question be- Mr. Speaker, on this record it is im- Impeachment does not determine the fore us today. The question is whether possible not to conclude that the Presi- guilt or innocence of the President. We or not the President’s misconduct war- dent obstructed justice, that he per- do not need to be convinced beyond a rants tossing aside two national elec- jured himself, that he flouted his oath reasonable doubt in order to move for- tions, ignoring the will of the people of office, that he abused the powers of ward. Our duty in the House is to de- we represent, and cheapening the Con- his office, that he manipulated other cide if the available evidence indicates stitution. I believe very strongly that high officers of government, and that that the Senate should consider remov- it does not. he did all these things, first to obstruct ing the President from office. I believe the President’s behavior a sexual harassment lawsuit against I believe that there is sufficient evi- warrants a tough censure, but the lead- him, and then to cover up the fact that dence to approve these articles of im- ership of this House, in a deliberate he had committed perjury. peachment and to send this process to and cynical and partisan maneuver, Impeachment is a hard thing, Mr. the next step. Through this vote, we has refused to allow Members of Con- Speaker. But again, what is at stake shall announce how we stand on the gress to even consider a censure resolu- here is our integrity. If we do not stand Constitution and the rule of law. Are tion. I want to vote my conscience, not up for something that is clearly right these outdated concepts to be ignored the conscience of the political arm when we have an inescapable obliga- when convenient, or are they the guid- twisters and the Republican leadership. tion under the Constitution to do it, we ing principles of our American civiliza- Mr. Speaker, the American people become part of what is wrong. I am not tion? want Congress to act on the real issues going to vote for these articles because Mr. CONYERS. Mr. Speaker, I am that face our country. A Patients’ Bill I want to, I am going to vote for them pleased to yield 2 minutes to the gen- of Rights, school construction, saving because I see no other honorable alter- tlewoman from Michigan (Ms. KIL- Social Security. Instead, the majority native for me to follow than to support PATRICK), whose district borders my in Congress will continue their par- these articles calling for the impeach- own and who has waited very patiently. tisan drumbeat of scandal, scandal, ment of the President. (Ms. KILPATRICK asked and was scandal. They will use the impeach- Mr. MCCOLLUM. Mr. Speaker, I yield given permission to revise and extend ment vote as a weapon to try to force 21⁄2 minutes to the gentleman from her remarks.) the President to resign. Their goal is Florida (Mr. STEARNS). Ms. KILPATRICK. Mr. Speaker, on not to conduct the business of this (Mr. STEARNS asked and was given January 3rd, 1997, I stood in this Cham- country, the goal is not the pursuit of permission to revise and extend his re- ber, this wonderful House of Represent- justice; the goal is the elimination of marks.) atives, and took the oath of office to Bill Clinton by any means, and that is Mr. STEARNS. Mr. Speaker, it is uphold the Constitution from both for- wrong. with great sorrow that I take to the eign and domestic aggression, I am This destructiveness, this vindictive- floor to express my support for approv- happy to say to the Members as I stand ness, this blatant partisanship has to ing these articles of impeachment of before them, entering my second term, end. This entire process, by its inher- the President, sorrow because we have as I did in the Michigan legislature for ent unfairness, has brought out the come to this point in our fair and won- 18 years of upholding the Constitution. worst in the Members of Congress. It derful country where we have to debate This act that we are doing today is has made the American people feel these articles. unconstitutional. The Constitution is more cynical and frustrated and power- Mr. Speaker, we are bound together very clear. This is not a high crime or less. as citizens of this great Nation, and as misdemeanor. It bothers me that some Throughout our history, this Con- citizens, we are all answerable to the of my colleagues on the other aisle gress has risen to enormous challenges same laws, including President Clin- have said we are using a marketing and acted with integrity. This is not ton. The President is more than Ameri- tool by asking for censure. Most of the one of those moments. The American ca’s chief law enforcement officer. He American people want the President people are angry because they know is also the trustee of the Nation’s con- censured. Most of the American people, this process has not been fair. Regard- science. nearly 70 percent, do not want him im- less of their opinions of the President’s It is a fact that sworn testimony can peached. Why, then, do we, who rep- actions, the people expect us to vote literally mean the difference between resent the people of these United responsibly. Vote ‘‘no’’ on these im- life and death. Should we betray the States, come before the House with peachment articles. rule of law by sweeping the President’s four articles of impeachment? I think activities under the rug? it is a travesty. b 1500 If the opponents of impeachment It is the wrong day. We have troops, Mr. MCCOLLUM. Mr. Speaker, I yield wanted to avoid this process, they young men and women under 25 years 11⁄2 minutes to the gentleman from Mis- should have mounted a vigorous, vigor- of age, risking their lives on foreign souri (Mr. TALENT). ous defense of the President by refut- soil today for us to uphold justice for Mr. TALENT. I thank the gentleman ing the facts in the Starr report. The all of us. It is the wrong day that we for yielding time to me, Mr. Speaker. Minority Leader, the gentleman from are before the House with these arti- Mr. Speaker, I do not think the ques- Missouri (Mr. GEPHARDT) mentioned cles of impeachment. tion before the House is whether the trust, fairness, forgiveness, and values. It is the wrong way. We are not even President has acted in integrity in this But I did not hear him mention the allowed to vote, to debate the issue of matter. With all due respect, I think in word ‘‘truth.’’ Those against impeach- censureship. Is this a democracy, or are December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11821 we moving towards a totalitarian coun- made a false statement about a fact that was did not allow this non-partisan, unbiased anal- try, where our rights are taken away ``material'' to an issue that is under question. ysis of the evidence before the Members of from us? This is a very serious moment In the House of Representatives, we call this the House Judiciary Committee and now, the in our history. Let us not be ``germaneness.'' This means, for example, that entire House of Representatives. trivialized, or trivialize the process. I cannot bring up an agricultural issue when Let me make clear that I do not condone A marketing tool? I do not think so. the bill in question or on the floor is a banking the President's personal conduct. I must add, Censureship is what we want the oppor- bill. If I make false statements about what is however, that it would be sheer folly not fo af- tunity to debate, censureship is what in the agriculture bill, that has nothing to do ford the leader of this great nation the same we want the opportunity to vote on. with what is in the banking bill. Just like the Constitutional protections afforded every other Unfortunately, the Republican major- agriculture false statements are not germane member of our society. Our constitution de- ity will not let us have that oppor- to the banking bill, the alleged false state- mands that we in Congress provide a fair and tunity. ments about Ms. Lewinsky are not germane to non-partisan venue for the consideration of im- Mr. Speaker, I ask the Members to the Jones inquiry. peachment. It was my sincere hope that we vote no. Vote no on this ridiculous, in- Honestly and integrity are important, and would have proceeded in the spirit of fairness sane affront to our Constitution. vital, character traits of all public servants. The so that we can focus Congressional attention Mr. Speaker, I rise today in strong, adamant President has repeatedly admitted to this affair to issues like education, Social Security and and stern objection to the articles of impeach- and to misleading the American public about health care, issues which truly impact the daily ment of our President, William Jefferson Clin- it. The President has apologized to God, his lives of the American people. In the final anal- ton. This recommendation to overrule not one, family, and the American people for his mis- ysis, we in Congress have let the American but two democratic elections and remove the behavior. Like my colleagues in the House people down with these articles of impeach- President from office for alleged ``high crimes and Members of the Armed Services, I have ment. and misdemeanors'' is one of the two most sworn to protect our Constitution against all I am adamently against impeachment. Im- grave votes that a member of Congress must enemies, foreign and domestic. I am in a fight peachment is not mere punishment for Presi- cast. As other Members of Congress have er- to preserve what all Americans hold dear: the dents who have behaved badly, behavior to roneously stated, this is not a symbolic ges- precepts and principles of the Constitution of which President Clinton has already admitted ture, an expression of moral sentiments, or a the United States. I am not out to save Presi- and apologized. Impeachment is a mechanism ``free vote'' with no consequences. This is the dent William Jefferson Clinton; I am out to to protect our Republic against rogue Presi- first of a two-part process that removes the save the Presidency of the United States. dents who threaten our nation. For me, and President from office. The House should un- Two of the most important things a Member for many Americans, the question is this: is equivocally vote no on these resolutions, and of Congress can do are vote for war or over- our President a threat to our nation? The evi- end, once and for all, what has been a sordid, turn the will of the poeple by impeaching a dence gathered by the independent counsel, tawdry issue. The American people deserve President. The vote that is expected to take and the President's scintillating public record better than to have a Congress consumed place on this is no window-dressing, glorified of achievement, overwhelmingly says no. with the personal, not public, behavior of our version of a censure. A vote on impeachment Based on the merits of the case presented to President. I oppose the impeachment of our is not the end, it is the beginning. If this reso- the House Judiciary Committee and before the President for the following two reasons. lution passes, there will automatically be a United States House of Representatives, I THE ALLEGATIONS OF THE INDEPENDENT COUNSEL DO Senate trial, which could lasts for months, cannot vote in support of on any of these arti- NOT RISE TO THE LEVEL OF IMPEACHABLE OFFENSES paralzying Congress and our nation. cles for impeachment before me today. First of all, many experts agree that the alle- While the Republican leadership and major- I only pray that the wisdom of our God pre- gations made by Independent Counsel Ken- ity in Congress were consumed by this issue, vails upon us during this trying time of judg- neth Starr to not rise to the level of impeach- we did not finish the work of ensuring that ment. It is my hope that the wisdom of Con- able offenses. After spending close to $50 mil- people who need health care have it; that we gress prevails in rejecting these unnecessary lion over four years, Judge Starr found the have enough elementary schools to educate and overreaching articles of impeachment President innocent of any wrongdoing in the our children for the next millennium; that So- against our President, William Jefferson Clin- Whitewater investment debacle; innocent of cial Security will be around to protect our na- ton. any wrongdoing in the so-called ``Filegate'' fi- tion's senior citizens; that health maintenance Mr. MCCOLLUM. Mr. Speaker, I yield asco; and innocent of any wrong doing in the organizations protect patients, not profits. We 2 minutes to the gentleman from Colo- unfortunate suicide of former White House need to be about the people's business, and rado (Mr. MCINNIS). aide Vincent Foster. All of these allegations the people have said that while they want the were reasons the special counsel was origi- President to be punished, they do not want Mr. McINNIS. Mr. Speaker, I thank nally deposed. There has been no demonstra- Congress to usurp their choice of leader. the gentleman from Florida for yield- tion that the alleged wrongdoing by the Presi- Some of my colleagues have compared ing time to me. dent approaches the magnitude of ``treason, President Clinton's behavior with President Mr. Speaker, in this country we oper- bribery and other high crimes and misdemean- Richard M. Nixon's actions during the Water- ate on what is called and our founda- ors,'' as stated in our Constitution. Obviously, gate scandal. Nothing could be further from tion is built upon what is called the the framers of the Constitution intended that the truth. This is not Watergate. This is not a rule of law. We all know our history. such ``other high crimes and misdemeanors'' case of the President directing the Federal Bu- Our history says that we came to this must be in the nature of large scale abuses of reau of Investigation and the Central Intel- country to go away from a king. Under public office such as treason and bribery. The ligence Agency in a cover-up. This is not a the rule of law in this country, we say President's admitted wrongdoing in his inap- case of the President lying about the diversion that the law is the king. The king is propriate relationship with a former White of Iranian arms-sales proceeds to the contras. not the law. House intern simply does not measure up to This is simply about a President who made a We have one President. That position this standard. mistake in his personal life and who tried to of President of the United States de- Historical precedent regarding impeachment save his family and himself from personal em- mands the highest public trust. Why clearly illustrates that for offenses to be im- barrassment. That is all. the highest public trust? Because we peachable, they must arise out of a Presi- Again, in taking into consideration the have only one President. dent's public, not private, conduct. Former weight of the President's actions, I am mindful I have read with interest the Demo- President Andrew Johnson was impeached for that twenty-three months ago, members of the cratic censure, and I quote parts from his public duty regarding the termination of a 105th Congress took our collective oaths of of- it: ‘‘. . . that the President violated member of his cabinet, not for his private con- fice. In that oath, we have sworn to uphold the trust of the American people, less- duct of previously owning slaves. and defend the Constitution of the United ened their esteem for the office of the THE PRESIDENT GAVE MISLEADING STATEMENTS, BUT States. As such, it is not our option but our President, and dishonored the office for THEY WERE NOT PERJURIOUS. obligation to the American people to deliberate which they have entrusted to him.’’ It While I am not an attorney, I have reviewed the issues and information that is presented goes on, ‘‘The President made false the record as provided by the Independent before us in hearings, Committee mark-ups, or statements concerning his reprehen- Counsel and the House Judiciary Committee. during floor debate, and weigh them in an un- sible conduct with a subordinate, and From what I understand, in order to prove per- biased and clear fashion before voting the took steps to delay discovery of the jury, it must be proven that the President issue of the day. The Republican leadership truth.’’ H11822 CONGRESSIONAL RECORD — HOUSE December 18, 1998 And they say to me, after they draft ocrat or Republican, will be subject to few pennies to a storekeeper who gave that kind of document, that that indi- harassment by his political enemies, him incorrect change. vidual now qualifies for the position of who can credibly threaten impeach- But Mr. Speaker, true or not, these the highest public trust? Any of these ment for the slightest misconduct. stories of truth and justice hold a spe- people there that are going to stand up This is wasteful, it is foolish, it is cial and a very deep place in our Na- and vote against this, tell me what dangerous. When we talk to people in tion’s heart and psyche. There is a gift, they would do in their community, the supermarkets, on the streets, they however, that accompanies the Presi- what side they would stand on, what believe that the high crime against the dent’s problems. It is the opportunity kind of letter or report they would give Constitution is their families being to now tell the truth about the viola- to a newspaper reporter if it were a cheated out of their government’s abil- tions of perjury and obstruction of jus- local schoolteacher? There is not a ity to work on things that affect their tice laws. The truth-telling can resolve schoolteacher in this country that families: Medicare, social security, the most of the factual controversies, and would step into the classroom ever, democratization of access to jobs and it can introduce the potential for heal- ever again with this kind of conduct, education for every family in our coun- ing as the impeachment resolution is with this kind of misleading inaccu- try. forwarded to the Senate. racy. The ultimate Republican paradox is b 1515 Take it from a schoolteacher, or take that they dislike the government, but I urge the President to tell the truth they have to run for office in order to a police officer. Some Members, show about his multiple perjuries and his ef- make sure that the government does me, give me a demonstration, any- forts to obstruct justice, and I urge the where in this country. And those are not work. In 1995 and 1996, they tried to Congress to deliver this message of im- positions of public trust, not positions shut down the executive department. peachment to the Senate in the knowl- of the highest public trust. In 1997 and 1998 they shut down the edge that we are all victims, including We owe it to our current generation Congress. Now they are going for a po- the President himself. I support the and to future generations to retain the litical triple play. They are going to impeachment resolution. It was a standards of the Presidency, and those shut down the executive branch, the tough decision for me. I do not know, standards rise far above an individual. legislative branch, and the Supreme however, otherwise how I can explain Let us comply and stick with the rule Court of the United States simulta- especially to my 8 grandchildren and to of law. The law is the king, the king is neously. the younger generation of this Nation not the law. Mr. Speaker, we have become the why the President’s willful and wanton Mr. CONYERS. Mr. Speaker, I am laughingstock of the entire world be- 1 violations of perjury and obstruction of pleased to yield 3 ⁄2 minutes to the gen- cause a sexual scandal is being allowed justice of laws can be ignored. tleman from Massachusetts (Mr. MAR- to consume our tax dollars, our media, Mr. CONYERS. Mr. Speaker, I yield KEY). our judiciary, and our opportunity to 21⁄2 minutes to the gentleman from Mr. MARKEY. Mr. Speaker, this deal with the problems of ordinary Pennsylvania (Mr. KLINK). matter should never have been pursued families. Mr. KLINK. Mr. Speaker, I thank the by Ken Starr, it should never have been We must censure the President for gentleman for yielding me the time. pursued by the Committee on the Judi- what he did wrong. We should be given Mr. Speaker, I have heard Member ciary, and it should never have reached the right to vote to censure him, to put after Member get up on the other side the floor of the House of Representa- this matter behind us so that we can and say this is not about sex. Let us tives. This matter belongs in family work on the problems of every other make one thing very perfectly clear, court, not in the court of the United family in America. We have worried the roots of this impeachment action States Senate, with the Chief Justice about the President’s family for an en- are in fact in a sexual deed. I was read- of the United States presiding. tire year. It is about time we went ing Andre Maurois the other day, who Yes, the President made a grievous back to the business of every other said the path that leads from moral personal error, to the detriment of his family. standards to political activity is family. But no, it is not an offense GOP used to stand for ‘‘Grand Old strewn with our dead selves. There is a against the State or our Constitution. Party.’’ Now it just stands for ‘‘Get lesson in that for all for all of us. We are now on the threshold of over- Our President.’’ This impeachment process is a par- turning the people’s choice for Presi- Mr. MCCOLLUM. Mr. Speaker, I yield tisan political activity. Do not make a dent through a perversion of the Inde- myself 1 minute, and I yield to the gen- mistake about it. What the President pendent Counsel law, a runaway par- tleman from Arkansas (Mr. HUTCH- did was wrong. His conduct was rep- tisan investigation of the most inti- INSON). rehensible. It was appalling and, most mate, private activity, having nothing, Mr. HUTCHINSON. Mr. Speaker, I of all, to those of us who have worked absolutely nothing to do with a real es- want to remind the gentleman from with him, it is disappointing. But just tate deal in Arkansas. Ken Starr has Massachusetts that it was the Presi- as every crime does not justify the twisted and warped his task from one dent’s own Democrat Attorney General death penalty, neither should impeach- in which he was out to find the truth to who appointed this Independent Coun- ment, the political equivalent of the one where he went out to get the Presi- sel, believing there was credible evi- death penalty, be the punishment for dent and First Lady of this country. dence that needed to be investigated. every presidential misdeed. Now, Mr. Speaker, we are amending In regard to the high crimes and mis- The President of the United States the Constitution of the United States demeanors, the Constitution specifi- had a consensual extramarital sexual on the floor of the House of Represent- cally mentions bribery. Perjury is a relationship and did not want to di- atives here today. Make no mistake high crime and misdemeanor because vulge that to the public or to his politi- about it, this is a constitutional just like bribery, perjury and bribery cal enemies. Is the President guilty of amendment that we are debating, not are unique threats to the administra- bribery or treason or other high crimes an impeachment resolution. The Re- tion of justice, and that affects our so- which threaten the future of our Re- publicans are crossing out the im- ciety. That affects our government. public? Absolutely, positively not. We peachment standard of high crimes and Mr. MCCOLLUM. Mr. Speaker, I yield all agree the President should not be misdemeanors, and they are inserting 11⁄2 minutes to the gentleman from Illi- above the law. However, just because the words ‘‘any crime or mis- nois (Mr. FAWELL). he has been elected to the Office of demeanor.’’ Mr. FAWELL. Mr. Speaker, I thank President does not mean he should be We are permitting a constitutional the gentleman for yielding time to me. below the law either. He should have coup d’etat which will haunt this body Mr. Speaker, it may well be a myth the same treatment that every other forever. A constitutional clause in- that George Washington confessed to American does. The President should tended to apply to a Benedict Arnold chopping down a cherry tree because he face the same legal consequences any- selling out his country will now be ex- could not tell a lie. We do not know if one else does, and the rule of law panded to cover every personal trans- Abraham Lincoln as a young man actu- should judge his actions as it would gression. Every future President, Dem- ally walked several miles to return a any other American. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11823 Fairness should be our guiding force over 400 people for perjury. Many of July, and probably all next year. And when we consider impeaching the those people are in prison today or things regarding Social Security and President. Unfortunately, fairness has under house arrest. We could go matters that all of us want to take up taken a back seat to partisan politics through a lot of individual cases. We for this Nation will be put on hold. during this very serious one-sided de- have a psychiatrist at the Veterans Ad- The President has done a good job, bate. The overwhelming majority of ministration who was convicted of per- and you have seen it. Consider before Americans agree that the President de- jury for lying in a civil suit. She is you vote what you might be doing to serves to be punished. But the majority under a jail sentence right today, and tie this entire Nation up. Our Nation is of Americans also agree the punish- we could go on and on. But our Nation divided, and the House tomorrow will ment needs to fit the crime. The Presi- has one legal standard that applies to exacerbate that division. We are being dent’s conduct, however reprehensible, all of its citizens. We do not have one unfair and unwise. We are being harsh is not an act of treason, bribery or legal system for the President and a to the institution of the presidency, other high crimes. In this, the biggest more harsh legal system for everyone harsh to our troops in harm’s way, vote that Congress can take next to a else. High office does not allow anyone harsh to each other as colleagues and declaration of war, Democrats and to be above or beyond the law. extremely harsh to this great country like-minded Republicans should at For those reasons, I will vote for of ours. least be given the opportunity to make three of the four articles of impeach- This is not a debate for the ages. this punishment fit the crime. And we ment. Rather, it is a debate of the stages, have been blocked there. Mr. CONYERS. Mr. Speaker, I yield 3 partisan political stages. I ask you, Let me just say, it was once said that minutes to the gentleman from Florida how many of us have read this report the test of courage comes when we are (Mr. HASTINGS). that came to my office last night after in the minority; that the test of toler- Mr. HASTINGS of Florida. Mr. the close of business? How many of us ance comes when we are in the major- Speaker, I thank the distinguished have read, other than Committee on ity. And I will say, this Republican ranking member for yielding me the the Judiciary, the evidence that sup- Party has failed that test of tolerance. time. ports the conclusion that the Repub- During this process comparisons have I would like to say to the gentleman licans ask us to reach? Most of us will been made to the Watergate hearings from Kentucky (Mr. WHITFIELD) and to be voting in an uninformed, unintelli- 24 years ago. I see only one similarity the gentleman from Pennsylvania (Mr. gent manner. This Nation deserves bet- between now and during the Watergate. GOODLING), our distinguished col- ter. You may win today, but the Nation Back then it was a Republican Presi- leagues, that perjury is applicable to this President as it is to all people once will lose today and tomorrow. dent who used subterfuge and criminal Mr. Speaker, I include for the activities to gain control of a process he leaves office. So that confused argu- RECORD the information to which I re- ment of what political perjury is and as to who would decide who would be ferred: what perjury is in a court of law needs the President. And today it is a Repub- Ten years ago, on August 9th, 1988, this to be distinguished. lican Congress who is using their ma- House voted to impeach a federal judge from Let me also make it very clear for jority and their power to decide who is the southern district of Florida. It was not until you that if the President is charged going to be the President of the United October 20th, 1989, fourteen months later, with perjury when he leaves office, I States. In the name of the millions who that the Senate voted upon those articles. By predict for you that no one in this body have died to protect the sanctity of the its vote ten years ago, the House decided to can prove that he committed perjury. ballot box, I would say, may God have impose the burdens of Senate trial proceed- The gentleman, my distinguished col- mercy on your souls. ings on a man. Today, the House must decide league from Arkansas, who has been Mr. MCCOLLUM. Mr. Speaker, I yield whether the charges and the evidence against extremely studious with reference to 2 minutes to the gentleman from Ken- the President warrant imposing the burdens of these matters, indicated that censure tucky (Mr. WHITFIELD). Senate trial proceedings on the Nation and the (Mr. WHITFIELD asked and was was some kind of, and I apologize, some world. All Members should understand the na- given permission to revise and extend kind of fix he called it. I do not see it ture and extent of the extraordinary burdens his remarks.) that way. that a decision to impeach the President I would like for you to recall that in Mr. WHITFIELD. Mr. Speaker, while would impose. I am not a member of the Committee the very cases regarding judges that Although other Members have served as on the Judiciary, I came to this debate were cited to as examples, censure was one of the House managers in proceedings today with the great hope that the ad- used and also, as we know, for two before the Senate, I am the only Member who vocates for the President would spend presidents. Additionally, the majority has experienced the burdens of developing a considerable time addressing specifi- whip, the gentleman from Texas (Mr. defense strategy and participating in its imple- cally the articles of impeachment. In- DELAY), proposed what amounted to mentation. I have borne the burdens and I stead I have heard a lot about the Iraqi censure of the President over campaign have observed the procedures in Senate im- war. I have heard about Ken Starr. I finance issues just this past May. peachment trial proceedings. Professor Ter- have heard about Medicare, Social Se- This House can work its will on cen- ence J. Anderson of the University of Miami curity, but I have not heard any evi- sure and anything else. I was removed School of Law represented me in the proceed- dence refuting the articles of impeach- from office after being found not ings before this House and before the Senate. ment. guilty, and here we are talking we can- He has direct knowledge of what the Senate Now we are not here today because of not censure. Today we have reached did and did not do there. I asked him to pre- the political philosophy of any politi- the zenith of unfairness. Our military, pare a schedule projecting how the proceed- cal party or an obsession to impeach under the aegis of our President, is at- ings in the Senate might unfold. I have re- the President. We are not here today tempting to downgrade weapons of viewed the projections he prepared and be- because of the private sexual activities mass destruction in Iraq and we are en lieve that they are conservative. I have ap- of anyone. We are here today because masse as a body degrading the institu- pended to these remarks a statement of the the President is charged with breaking tion of the presidency. ``Projected Proceedings Before the United criminal laws which for constitutional It is not sad. It is irrational. I have States Senate if the House Votes to Impeach purposes are high crimes and mis- appended to my remarks what I think the President.'' That Projection provides a demeanors. One of those crimes is per- would be helpful to this body so that more detailed schedule of the steps that would jury. And by committing perjury, the you will understand the dynamics that be required in this case. I report and discuss President harmed the integrity of our take place in the Senate. The pleadings the conclusions here. judicial branch of government, which is and motions stage, the trial prepara- Under the best case scenario, the proceed- a central component of the govern- tion stage, a Senate trial, all of this ings before the Senate are unlikely to be com- ment. certainly will take at least the 14 pleted before late July and could extend until Since 1993, when President Clinton months that it took to remove me from the end of the year. took office, the U.S. Department of office. And we are talking at least that The proceedings in the Senate would unfold Justice has prosecuted and convicted amount of time, certainly as late as in three stagesÐa pleadings, procedures, and H11824 CONGRESSIONAL RECORD — HOUSE December 18, 1998 motions stage; a trial preparation stage; and a hearings. That would not happen in proceed- more conservative estimate, it seems unlikely trial and judgment stage. ings against the President. The Rules Commit- that the number of witnesses called to testify The pleadings and motions stage in my tee might be asked to guide the pretrial pro- will be less that the 120 potential witnesses case lasted seven monthsÐfrom August 1988 ceedings, but either side would have the right identified in the Starr report. If that occurred, through mid-March 1989. That first stage to insist that any decision be reviewed de the Nation and the world would watch for sixty would take at least three months here. novo by the full Senate. days as the Chief Justice of the United States The second, the trial-preparation stage, took The Impeachment Trial Committee ap- presided, while the House managers and three-and-a-half months in my case; it would pointed in my case heard live testimony from counsel for the President examined and cross- take three here. fifty-seven witnesses and received more than examined witnesses presented audio and A Senate trial in this case, the final stage, 374 exhibits. Those hearings took eighteen video tapes and other evidence before the would last at least seven weeks and could last full, eight-hour days. The Senate rules for the Senate in what will appear to most viewers to for more than fourteen. trial of an impeachment provide that the full be a tawdry, R-rated sex drama. The similarity between the way in which the Senate shall convene as a court of impeach- Those who would vote to impeach the House Judiciary Committee conducted the in- ment at noon during the trial of an impeach- President should consider carefully the con- quiry in my case and the way in which it con- ment; they, in effect, provide for half-day trial sequences. Over the next eight months, the ducted the inquiry here will require the Senate hearings. It is unlikely that the Senate could attention of the Nation, of the full Senate, and to accord to the President and his counsel, at hear, on average, more than two witnesses a of the Chief Justice of the United States would a minimum, pretrial rights comparable to those day. And it should be clear that witnesses be devoted to hearing the evidence and argu- that it accorded me and my counsel. The prin- such as Monica Lewinsky are likely to occupy ments in this tawdry affair on at least thirty-five cipal similarity between the two cases is that the stand for several days. days. For at least eight months, a sword of in neither did the House Judiciary Committee The materials submitted by Mr. Starr identify Damocles would hang over the Nation, indeed examine or cross-examine the witnesses upon more than 120 potential trial witnesses and over the world. which the articles of impeachment depended. some 390 trial exhibits. Those materials do In neither, did it call witnesses for the defense not identify, as witnesses, the FBI agents or Over the past two years, the Nation has or seek documents that will be necessary to OIC staff members who participated in the in- seen its President play an active and intensive the defense. Instead, it relied primarily upon a vestigation and whose testimony will clearly be role in mediating a peace accord in Northern report and materials transmitted by officials in necessary. For example, each of the OIC staff Ireland, in brokering the Wye accords, in work- another branch and upon the testimony of the and FBI agents who participated in the initial ing with the Congress to produce a balanced author of that report, in my case John Doar and each subsequent interview of Ms. budget and reforming the welfare system, in and here Kenneth Starr. As a result, the Sen- Lewinsky had the opportunity to influence and protecting the Nation's economy and address- ate permitted my counsel to conduct limited shape her testimony in ways that bear upon ing the threats posed by collapse of econo- discovery proceedings to obtain testimony and her credibility and the relevance of the so- mies elsewhere, and in acting to assure that documents necessary to my defense. The called ``corroborating'' detail offered by the Iraq's ability to make war against its neighbors Senate will, perforce, accord an accuse Presi- Independent Counsel Starr. Those materials is degraded. dent liberal opportunities to use its subpoena give little indication of the additional witnesses Those who would vote to impeach the power to depose witnesses and gather docu- and exhibits the President would present in his President should consider, before they vote, ments that his counsel seek as necessary for defense. what might have, or have not, happened had a fair trial. The debate in the Judiciary Committee the President, the Senate, and the American The two cases would be different in ways makes it clear that the prospective House people been preoccupied with protracted im- that would also influence the conduct of the Managers would be unlikely to exercise re- peachment trial proceedings when any of proceedings that the House seems prepared straint in presenting the case against the those events occurred. Those who would vote to launch today. In my case, the Senate ap- President. The presentations by counsel for to impeach the President should consider, be- pointed an Impeachment Trial Committee and the President have made it clear that the de- fore they vote, what may, or may not, happen delegated to it the power to control the pretrial fense will be commensurately vigorous. Al- if all are similarly preoccupied for the next proceedings and to conduct the evidentiary though the appended projections provide a eight months or more.

PROJECTED PROCEEDINGS BEFORE THE U.S. SENATE IF THE HOUSE VOTES TO IMPEACH THE PRESIDENT The proceedings in the Senate on the articles of impeachment that the House exhibited against then United States District Judge Alcee L. Hastings provide the most recent and comparable precedents to guide the Senate in the proceedings against President William Jefferson Clinton that will take place if the House adopts articles of impeachment. The following outlines projects how the proceedings against the President would unfold if the House impeaches him based upon the proceedings in the Hastings case and the materials released by the Judi- ciary Committee during its inquiry into the President’s conduct.

Weeks I. Preliminary Proceedings Min. Max.

A. The First Step. The House Managers would exhibit its articles to the Senate and the Senate would issue a summons to the President requiring him to respond within fifteen to thirty days and would ask the Committee on Rules and Adminis- tration to consider and report issues that need to be addressed and special rules that should be adopted for the conduct of the proceedings ...... 1 1 B. The Rules Committee. Since the Senate has not conducted proceedings against a President in the past century, the issues would be substantial. At least five steps would have to be taken before the committee could submit its report and recommendations to the Senate.. 1. The committee meets and authorizes the Chair and Ranking Minority Member to send a letter asking the parties to file memoranda addressing issues identified by the Committee and other issues that either believes the committee should consider, probably allowing twenty to thirty days for initial memoranda and ten to twenty days for responses 1 2 2. Each of the parties file memoranda ...... 4 6 3. Each of the parties file memoranda responding to the other ...... 6 9 4. The committee holds hearings on the issues raised ...... 7 11 5. The committee deliberates and prepares its report and recommendations and any necessary resolutions ...... 9 13 C. Pleadings and Motions.. 1. The President. It is hard to anticipate the defense strategy the President will adopt, but the House Judiciary Com- mittee’s proceedings and recommended articles of impeach suggest that counsel for the President would file:. a. Answer and Affirmative Defenses. Counsel for the President will raise at least one and probably two affirmative de- fenses—(i) the articles fail to allege facts sufficient to state an impeachable offense; and (ii) the misconduct of Independent Counsel Starr and the House’s reliance upon the products of that misconduct require that the arti- cles be dismissed ...... 3 4 b. Motion to Dismiss. The motion would enable the Senate to consider whether it should dignify the President’s im- proper conduct alleged in the articles of impeachment by classifying it as ‘‘high Crimes and Misdemeanors’’ under the Constitution ...... 6 10 December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11825

Weeks I. Preliminary Proceedings Min. Max.

c. Demand for Bill of Particulars. The majority on House Judiciary Committee appear to shoot themselves in the foot by refusing to specify the precise statements made by the President that they claim were perjurious. If the pend- ing articles are adopted, counsel for the President will demand and the Senate will almost surely order the House Managers to provide a bill of particulars. The real effect of the lack of specificity will further delay ...... 6 10 d. Alternative Motion to Strike Particular Allegations. If the Senate does not dismiss the articles in their entirety, counsel for the President are likely to ask that the Senate, after the bill of particulars has been filed, strike spe- cific allegations in the article that remains ...... 6 10 2. The House. The House managers would be required to file a Replication to the President’s Answer and Affirmative Defenses and responses to the motions. If they opposed the demand for a bill of particulars, there would be a second round of briefing and further argument before the Senate after the House had complied with the Senate’s order, add- ing an additional two weeks to the process ...... 8 14 3. The President’s Reply. Counsel for the President would file a reply and any supplemental memoranda made nec- essary by the House’s bill of particulars ...... 10 16 D. Proceedings Before the Full Senate. The Senate would be likely to set aside two days to consider and act upon the re- port from the Rules Committee and to hear arguments on and decide the pending motions ...... 12 18

II. Trial Preparation In Hastings, the Rules Committee recommended that the Senate appoint an Impeachment Trial Committee to regulate the preparation for evidentiary hearings and to conduct those hearings. If the House adopts articles here, the evidentiary hearings will be conducted before the full Senate. It is likely that the Senate and the Chief Justice will agree that the trial preparation duties that were performed by the Impeachment Trials Committee should be assigned to the Rules Committee (or to a special impeachment committee appointed for that purpose). Although the counsel for the President would request that trial preparation be deferred until the Senate had ruled on the Presi- dent’s motion to dismiss, the Rules Committee might determine that necessary preparation should proceed concurrently with other trial matters. However those duties were exercised, the steps would likely be the same. A. Discovery Proceedings. The need for discovery would be far greater in this case than it was in Hastings. Here, as it did in Hastings, the House Judiciary Committee relied primarily upon the report and materials transmitted to the House by an- other branch and upon the testimony of the investigator who prepared the report. Here, as it did in Hastings, the commit- tee did not call and subject to examination and cross-examination the fact-witnesses identified by the Starr referral or those who might testify on behalf of the accused or obtain from the Independent Counsel or elsewhere documents other than those included in the materials transmitted. It is hard to conceive that the Senate here would not afford the Presi- dent the time and the use of its subpoena power to take depositions and obtain relevant documents. Based upon Hastings and the materials available here, discovery would proceed in three stages. 1. Submissions by the Parties. If any articles remained after the motions to dismiss or strike had been decided, the Senate or a committee would have to decide whether and what discovery should be permitted. a. Counsel for the President would promptly submit a memorandum identifying witness and sources of documents that were likely to produce relevant evidence and explaining why the President should be permitted to subpoena each of the witnesses and other source to obtain that evidence. At a minimum, it seems almost certain that the counsel would seek to depose (i) lawyers for Paula Jones about their initial conversations with Linda Tripp and with members of the Office of Independent Counsel (‘‘OIC’’) staff; (ii) the members of the OIC staff and FBI agents who met with or interviewed Linda Tripp and Monica Lewinski; and (iii) other technical witnesses, such as those reconstructed materials from the hard drive in Ms. Lewinski’s computer. It also seems certain that they would want access to the documents that the Independent Counsel did not transmit with his referral ...... 12 20 b. The House managers would be directed to file a response agreeing with or objecting to the President’s requests ... 14 22 c. The Senate or its committee would examine the president’s request and the House’s response and hold hearings and enter the appropriate order directing the issuance of appropriate subpoenas ...... 16 23 d. Independent Counsel Starr, Ms. Jones’s lawyers, or others subpoenaed might object to some or all of the sub- poena, in which event time-consuming enforcement proceedings would be necessary, at least three months ...... 36 e. The depositions would be conducted and the documents produced and examined ...... 16–24 36–44 B. Other Trial Preparation Proceedings. 1. The House managers and counsel for the President would propose stipulations or submit requests for admissions. The Senate or its committee would encourage the parties to stipulate at least to the authenticity and/or admissibility of various documents and other potential exhibits. Responses would be exchanged and negotiations would proceed ...... 12 20 2. The Senate or its committee would direct the parties to file and exchange ten days after the close of discovery, pre- trial memoranda identifying witnesses each intended to call and exhibits each intended to introduce ...... 25 45 3. The Senate or its committee would enter a final pre-trial order establishing the date for and procedures to be fol- lowed at trial ...... 26 46

III. The Trial of a President Rules XII and XIII of Procedure and Practice in the Senate When Sitting on Impeachment Trials provide that, unless otherwise ordered, the proceedings shall commence at 12:30 p.m. on the first day and at 12:00 noon thereafter. In order to make it possible for the legislative and executive branches to tend to some of the government’s business and to enable the Chief Justice to participate, in the oral argu- ments before the Supreme Court, it seems likely that the Senate would not schedule the evidentiary proceedings to begin before 12:30 or would permit them to extend beyond 6:30 p.m. on a regular basis. A. The Presentation of Evidence by the House Managers. The managers presented the testimony of thirty-seven witnesses in Hastings. Only twenty-seven appeared before the Impeachment Trial Committee. The managers were permitted to in- troduce transcripts of prior testimony for the other ten. The House managers are likely to call most if not all of the 120 witnesses whose statements or testimony are included in the materials transmitted by Independent Counsel Starr. De- pending upon the success of pre-trial negotiations, it might have to call several more to establish necessary foundations and the like. Forty to fifty would appear to the minimum number necessary to support the allegations the proposed arti- cle have borrowed from the Starr Report. No prior testimony will be admitted. The videotaped deposition and the videotaped grand jury testimony will be shown in their entirety, and many of the Tripp tapes will be played given by the president. The examination and cross-examination of the twenty-seven witnesses the House presented in Hastings con- sumed more than ten full days. If the President is impeached by this House, the presentation of testimony and other evi- dence will consume twenty [if forty witnesses called] to forty [120 witnesses] partial trial days before the full Senate ...... 27–30 47–50 B. The President’s Case. It is impossible to project the number of witnesses that the President’s counsel would call for his defense with any confidence. The Starr Report was not a balanced presentation of the available evidence. It seems clear that the number would be substantial and would include many of the 120 persons whom were identified in the Starr Re- port, but were not called by the managers. They would present all of the Tripp tapes that the managers did not intro- duce. They would call witnesses whose conduct might have influenced the testimony of Ms. Lewinski and other House witnesses and witnesses who had knowledge relevant to Ms. Lewinski’s credibility. Twenty witnesses and ten days seems a safe minimum ...... 31–32 51–52 H11826 CONGRESSIONAL RECORD — HOUSE December 18, 1998

Weeks I. Preliminary Proceedings Min. Max.

C. The House Rebuttal. Given the passion and vigor displayed by Republican members of the Judiciary Committee, it seems likely the House managers would want to try to rebut the President’s case, no matter how tired and angry the American people may have become. Might we hope for only a day or two ...... 33 53 D. Argument, Deliberations, and The Vote. Given the nature of the issues and the length of the projected trial, it seems likely that Senate would allot at least four hours to each side for closing arguments. Past precedent dictates that the Senate would close its doors to deliberate in executive session until its members have expressed their views. The vote would follow. With luck, the denouement might be completed in less than a week ...... 34 54

Mr. MCCOLLUM. Mr. Speaker, I yield (Mrs. LOWEY asked and was given been unparalleled in our modern life, 2 minutes to the gentleman from Utah permission to revise and extend her re- and impeachment merely serves to (Mr. HANSEN). marks.) validate his methods and goals. (Mr. HANSEN asked and was given Mrs. LOWEY. Mr. Speaker, I rise in And make no mistake, my col- permission to revise and extend his re- strong opposition to the resolution. leagues, not all coups are accompanied marks.) Our Founding Fathers viewed impeach- by the sound of marching boots and Mr. HANSEN. Mr. Speaker, the sole ment as a mechanism of last resort to rolling tanks. Some, like today, are responsibility for our actions today lies protect the Nation from a President wrapped in a constitutional veneer, with the President. Only his actions, who threatened the Constitution or the softened by pious assertions of solemn characterized by his own supporters, American people. Throughout our his- obligation and duty. But the result is are wrongful and immoral, maddening tory, Members of Congress have appre- the same, defiance of the public will and worthy of our condemnation. ciated the enormous gravity of im- and rejection of the regular political President Clinton has violated his con- peachment and that is why, despite process. stitutional duty to take care that the countless disputes, provocation, mis- Mr. Speaker, what will impeachment laws be faithfully executed by lying deeds and lies, the House has voted just mean? A trial in the Senate would only under oath in a duly convened judicial once in its history to impeach a Presi- deepen the Nation’s wounds. Imagine proceeding. dent. the spectacle of the upper Chamber of President Clinton has violated his Indeed the delicate system of con- the world’s greatest democracy, pre- Constitutional oath of office to pre- stitutional checks and balances estab- sided over by the highest judge in the serve and protect the Constitution by lished by the founders works only inso- land, gathered for weeks and months obstructing the proper search for the far as each branch of government exer- not to consider important affairs of truth and abusing the power of the cises its prerogatives responsibly. In state, but instead to hear the same presidency. His actions, deliberate and the case of impeachment, that means tawdry testimony, the same tiresome willful, have brought damage to the applying the most rigorous test to the details, again and again. dignity of the office of the President I am frankly amazed, Mr. Speaker, use of our authority. The Constitution and corrupted our sacred respect for that the House stands poised today at gives this body the ability to undo our the rule of law. the edge of a deep abyss. The American only national election, but we must use The question before us today is people, in their wisdom, have implored that authority judiciously and cau- whether we, too, will turn away from us to leave the slippery road of im- tiously. To do otherwise imperils the our long heritage of the rule of law, the peachment and pursue instead the stability of our democracy, replacing love of truth, and instead place our measured course of censure. faith in the brutal role of power, the the orderly transfer of power with the Such a prolonged re-hashing, illuminated by fickle winds of appetite and the manip- constant threat of political upheaval. television lights and augmented by a thousand ulation of public opinion. A great Nation does not overturn two talking heads, would further alienate a public The circumstances of history have national elections and throw a Presi- that has already sent its representatives a our Nation facing two grave issues, im- dent out of office because he denied clear message to end this disgraceful episode peachment and war, at the same mo- having a consensual affair. Let us in- in our nation's life. It would seriously com- ment. President Clinton decided to un- stead find a suitable punishment that promise our capacity to wrestle with serious leash the awesome power of war. And fits the President’s offense, censure. policy challenges. And it would weaken our why did he do this? One, because Sad- The President misled his family and international leadership at a perilous moment dam Hussein has lied to the United Na- his country and he deserves the rep- in world affairs. It would shut our government tions. Another because Saddam Hus- rimand of the Congress and the endur- down at a time when the American people are sein has obstructed justice by blocking ing judgment of history. looking at us to solve the problems that affect the work of the weapons inspector, and Unfortunately, in their zeal to im- their everyday lives. another one is he violated the rule of peach Bill Clinton, the GOP leadership Let us honor our Constitutional obligations, law in defiance to the cease-fire resolu- has refused to allow this House to de- heed the call of scholars and historians, and tion of the Gulf War. bate a tough motion of censure, a cen- above all, keep faith with the men and women I support the President of the United sure that is overwhelmingly supported we serve. States in his rightful action and pray by the general public over impeach- Mr. MCCOLLUM. Mr. Speaker, I yield for the safety of our troops. If we are ment. 30 seconds to the gentleman from Geor- willing to ask the ultimate sacrifice in b 1530 gia (Mr. BARR). defense of the international rule of law, Mr. BARR of Georgia. Mr. Speaker, I how can we not act to defend its foun- Unfortunately, there is a determined thank the gentleman for yielding me dations at home? Our Nation is a minority in America and in this Cham- time. strong one and our Constitution is ber who never accepted the legitimacy The other gentleman from Florida sound. Our peaceful and deliberate de- of this President. To them this episode (Mr. HASTINGS) brought up an interest- fense of the Constitution and its foun- is mere pretext to accomplish what ing point a moment ago asking rhetori- dation in the rule of law will send a they could not during two separate cally who has indeed read the material strong and clear message, testifying to elections. The majority is not here and reviewed the evidence. It is inter- the power and resilience of our democ- today to give the President his fair day esting to note, Mr. Speaker, that in the racy. Tyrants, dictators and thugs in court. They are here to oust him. more than three months that the inde- around the world will see the strength And Kenneth Starr was their instru- pendent counsel’s material, some 60,000 of our Nation lies not in one man but ment. pages, have been over at the Ford in a vast people, united in liberty and By utilizing the vast prosecutorial Building there remain, I believe, four justice. powers of the government, Kenneth members of the Democrats on the Com- Mr. CONYERS. Mr. Speaker, I yield 3 Starr abused his authority and broke mittee on the Judiciary that have not minutes to the gentlewoman from New his trust with the American people. His spent one minute reviewing that mate- York (Mrs. LOWEY). dangerous and misguided inquiry has rial; and even though arrangements December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11827 have been made through the gentleman The significance of the offenses com- Perjury and obstruction of justice clearly from Illinois (Mr. HYDE) to have other mitted by the President is not in any ``undermine the integrity of office.'' Their un- Members of both sides of the aisle not degree diminished by the fact that they avoidable consequence is to erode respect for serving on the Committee on the Judi- do not directly involve the President’s the office of the President. Such offenses are ciary to review the material so they official conduct. Despite their argu- in obvious ``disregard of [the President's] con- could answer any questions or look at ment that the President is immune stitutional duties and oath of office.'' Moreover, the material firsthand, I believe there from impeachment because of the un- they are offenses which have a direct and se- has been at most one Member on the derlying conduct which gave rise to his rious ``adverse impact on the system of gov- Democrat side who has gone over to re- crimes was a private matter, the Presi- ernment.'' Obstruction of justice is by definition view the material. dent’s lawyers have themselves pro- as assault on the due administration of jus- So the answer to the question posed claimed, and I would ask that my col- ticeÐwhich is a core function of our system of by the gentleman from Florida is, ap- leagues listen to this, these are the government. And as the first Chief Justice of parently, most Members on the other words of the President’s own lawyers, the United States, John Jay, observed, ``no side are not interested in the evidence they said, and I quote, ‘‘Any conduct crime'' is ``more extensively pernicious to Soci- and, therefore, have not even reviewed by the individual holding the Office of ety'' than perjury. it. the President, whether it is character- The thoughtful report on ``The Law of Presi- Mr. MCCOLLUM. Mr. Speaker, I yield ized as private or official, can have dential Impeachment'' prepared by the Asso- 31⁄2 minutes to the gentleman from substantial impact on a President’s of- ciation of the Bar of the City of New York in Florida (Mr. CANADY). ficial duties.’’ January of 1974 also places a great deal of (Mr. CANADY of Florida asked and Perjury and obstruction of justice, emphasis on the corrosive impact of presi- was given permission to revise and ex- even regarding a private matter, are of- dential misconduct on the integrity of office: tend his remarks.) fenses that have a substantial impact It is our conclusion, in summary, that the Mr. CANADY of Florida. Mr. Speak- on the President’s official duties be- grounds for impeachment are not limited to er, I want to respond to the point made cause they are grossly incompatible or synonymous with crimes. * * * Rather, we by the gentlewoman from New York with his preeminent duty to take care believe that acts which undermine the integrity (Mrs. LOWEY), my good friend. that the laws be faithfully executed. of government are appropriate grounds wheth- This is a process that we are follow- Perjury and obstruction of justice are er or not they happen to constitute offenses under the general criminal law. In our view, ing under the Constitution, and I am not private matters, they are crimes very disappointed that there has been a the essential nexus to damaging the integ- against the system of justice, crimes rity of government may be found in acts failure of those who are opposing these for which this President must be im- which constitute corruption in, or flagrant articles to focus on the facts of the peached. abuse of the powers of, official position. It case before us. Now these facts are in- In today's debate we have heard a convinc- may also be found in act which, without di- convenient facts, they are very compel- ing case made that the President engaged in rectly affecting governmental processes, un- ling facts pointing to a pattern of per- a calculated and sustained pattern of perjury dermine that degree of public confidence in the probity of executive and judicial officers that is jury and obstruction of justice by the and obstruction of justice. The furious efforts President of the United States. But all essential to the effectiveness of government in a of the President's defenders cannot alter the free society. (emphasis added) the passionate argument about the stubborn facts of the case against the Presi- independent counsel, all the passionate dent. The facts cannot be wished away, they The commission of perjury and obstruction attacks on the process here in the Con- cannot be ignored, they cannot be treated as of justice by a President are acts which with- gress do not alter the stubborn facts of trivial. But the President's lawyers have ar- out doubt ``undermine that degree of public the case before us. gued that even if the charges of perjury and confidence in the probity of the [the President] Now, I would also like to bring to the obstruction of justice are true, the President's that is essential to the effectiveness of govern- attention of the Members the report on conduct does not rise to the level of ``high ment in a free society.'' Such acts inevitably ‘‘Constitutional Grounds for Presi- crimes and misdemeanors'' for which he can subvert the respects for law which is essential dential Impeachment’’ which was pre- be impeached. to the well-being of our constitutional system. pared in February of 1974 by the staff of Although Congress has never adopted a The significance of the offenses committed the Nixon impeachment inquiry; and I fixed definition of ``high crimes and mis- by the President is not diminished by the fact would ask that all the Members con- demeanors,'' there is much in the background that they do not directly involved the Presi- sider this key language from that staff and history of the impeachment process that dent's official conduct. report describing the type of conduct contradicts the position advanced by the The record is clear that federal officials have which gives rise to impeachment. President's lawyers. Two reports prepared in been impeached for reasons other than official The Democratic staff of the Rodino 1974 on the background and history of im- misconduct. Two recent impeachments of fed- committee wrote, ‘‘The emphasis has peachment are particularly helpful in evaluat- eral judges are compelling examples. In 1989, been on the significant effects of the ing the President's defense. Both reports sup- Judge Walter Nixon was impeached and re- conduct—undermining the integrity of port the conclusion that the facts before us moved from office for making false statements office, disregard of constitutional du- make a compelling case for the impeachment before a federal grand jury. The conduct of ties and oath of office, arrogation of of President Clinton. Judge Nixon which occasioned his perjury be- power, abuse of the governmental proc- There has been a great deal of comment on fore the grand jury was not official conduct. In ess, adverse impact on the system of the report on ``Constitutional Grounds for Pres- 1986, Judge Harry E. Claiborne was im- government.’’ idential Impeachment'' prepared in February peached and removed from office for making Perjury and obstruction of justice 1974 by the staff of the Nixon impeachment false statements under penalty of perjury on clearly undermine the integrity of of- inquiry. Those who assert that the charges his income tax returns. His misconduct was fice. Their unavoidable consequence is against the President do not rise to the level without doubt outside the scope of his official to erode respect of the office of presi- of ``high crimes and misdemeanors'' have responsibilities. Should we today, as the oppo- dent. Such offenses are in obvious dis- pulled some phrases from that report out of nents of those articles demand, set a lower regard of the President’s constitutional context to support their position. In fact, the standard of integrity for the President than we duties and oath of office. Moreover, general principles concerning grounds for im- have set for federal judges? they are offenses which have a direct peachment set forth in that report indicate that There is nothing in the text, structure, or his- and serious adverse impact on the sys- perjury and obstruction of justice are impeach- tory of the Constitution which suggests that tem of government. able offenses. Consider this key language Presidents are subject to impeachment only Obstruction of justice is by definition from the staff report describing the type of for official misconduct. Greater harm to the an assault on the due administration of conduct which gives rise to impeachment: system of government may in fact be caused justice, which is a core function of our by the criminal acts of a President committed system of government. And as the first The emphasis has been on the significant effects of the conduct—undermining the integ- outside the scope of his official responsibilities Chief Justice of the United States, rity of office, disregard of constitutional duties than by certain acts of official misconduct. John Jay, observed, no crime is more and oath of office, arrogation of power, abuse Despite their argument that the President is extensively pernicious to society than of the governmental process, adverse impact immune from impeachment because the un- the crime of perjury. on the system of government. (emphasis added) derlying conduct which gave rise to his crimes H11828 CONGRESSIONAL RECORD — HOUSE December 18, 1998 was a private matter, the President's lawyers Mr. WAXMAN. Mr. Speaker, reclaim- own censure motion, which sadly will have themselves elsewhere claimed: ing my time, over and over again our die with this session. Any conduct by the individual holding the Republican colleagues have called for But this is today. What about tomor- Office of the President, whether it is charac- the rule of law. Let me suggest that if row? Today we deal with the law. To- terized as private or official, can have sub- the President has committed a crime, morrow we deal with people’s lives. stantial impact on a President’s official duties. let him be tried in a court of law. The famous parliamentarian which we (emphasis added) There even he will have the protections have all read, Edmund Burke, once Perjury and obstruction of justiceÐeven re- of the law. Here in this House he is not said, ‘‘The law sharpens the mind by garding a private matterÐare offenses that getting the rule of law but the rule of narrowing it. But in a few, law has lift- have a substantial impact on the President's politics. ed the mind to a level of comprehen- official duties because they are grossly incom- This President has been subjected to sion and humanity.’’ patible with his preeminent duty to ``take care an unprecedented and deliberate strat- So, Mr. Speaker, when all the argu- that the laws be faithfully executed.'' Regard- egy to use taxpayers’ funded money to ments are done and when the votes are less of their genesis, perjury and obstruction investigate him in order to get him im- taken, this is what we must work for, of justice are acts of public misconductÐacts peached. Millions of dollars have been the humanity, the healing of this Na- which cannot be dismissed as understandable spent, many reckless charges were in- tion. or trivial. Perjury and obstruction of justice are vestigated, investigated to death, and Mr. CONYERS. Mr. Speaker, I am de- not private matters; they are crimes against they were found to have no basis in lighted to yield 31⁄2 minutes to the gen- the system of justice. fact. tleman from Maryland (Mr. WYNN), and Soon after the adoption of the Constitution, As a matter of fact, a resolution of I ask him to yield a few seconds to me. Alexander Hamilton wrote that ``an inviolable impeachment was introduced before Mr. WYNN. Mr. Speaker, I certainly respect for the Constitution and the Laws'' is anybody had ever heard of President yield back to the ranking member. the ``most sacred duty and the greatest source Clinton’s affair with Monica Lewinsky. Mr. CONYERS. Mr. Speaker, I thank of security in a Republic.'' Hamilton under- There has been an impeachment in the gentleman from Wisconsin, who is stood that respect for the Constitution itself search of an impeachable offense. What the ranking Member on the Judiciary, grows out of a general respect for the law. has been presented to us today do not for his explanation. And he understood the essential connection amount to impeachable offenses. The one thing it did not include, of between respect for law and the maintenance I call for the rule of law and the su- course, was that only Members who of liberty in a Republic. Without respect for the premacy of the Constitution. were trying to have their minds made law, our freedom is at risk. Thus, according to Mr. SENSENBRENNER. Mr. Speak- up were the only ones that came over Hamilton, those who ``set examples which un- er, I yield myself 11⁄4 minutes. to the Ford Building that were not dermine or subvert the authority of the laws Mr. SENSENBRENNER. Mr. Speak- members of the Committee on the Ju- lead us from freedom to slavery . . .'' er, I think it is important to clear up diciary two days before this proceeding President Clinton by his persistent and cal- the record as a result of what the gen- on the floor. And I am glad to know culated misconduct has set a pernicious ex- tleman from Michigan (Mr. CONYERS) now that everybody could have come ample of lawlessnessÐan example which by had to say about access to executive over but nobody apparently availed its very nature subverts respect for the law. session materials. themselves until this last minute His perverse example has the inevitable effect Just so that all of the Members are twisting of arms took place. of undermining the integrity of both the office clear, when the House passed House Mr. WYNN. Mr. Speaker, reclaiming of President and the judicial process. The Resolution 525 in September, imme- my time, I thank the ranking member maintenance in office of such a President is diately after the receipt of the inde- for yielding. inconsistent with the maintenance of the rule pendent counsel’s report, only mem- (Mr. WYNN asked and was given per- of law. bers of the Committee on the Judiciary mission to revise and extend his re- In light of the historic principles regarding had access to the executive session ma- marks.) impeachment, the offenses committed by the terial. Section 4 of that resolution was Mr. WYNN. Mr. Speaker, I rise in President demand that this House impeach effective during the review of the refer- strong opposition to these articles of William Jefferson Clinton. Our Constitution re- ral from Independent Counsel Starr. impeachment. We are perhaps at one of quires that this President who has shown such Pursuant to section 1 of H. Res. 525, the lowest points in American politics. contempt for the law and for the dignity and rules relating to review by the commit- We are in the midst of a parliamentary integrity of the high office entrusted to him by tee was effective until there was a fur- coup. The party in the majority want called to account before the Senate for his ther order of the House. Then in Octo- to remove an elected president. And high crimes and misdemeanors. ber, when we passed our inquiry resolu- that is the parliamentary system. That Mr. CONYERS. Mr. Speaker, I yield 2 tion, that superseded the previous reso- is not the democratic system. They are minutes to the gentleman from Califor- lution’s provisions relative to access to doing so without legitimacy. nia (Mr. WAXMAN), ranking member of executive session material. Legitimacy demands bipartisanship. the former Government Operations House Resolution 581, the inquiry There is no bipartisanship on the floor Committee, and ask that he yield to resolution passed in October, had today, simply the will of this majority me briefly. standard executive session rules of the to drive out this President, a true par- Mr. WAXMAN. Mr. Speaker, I yield House obtained; and that meant that liamentary coup. This debate has to the gentleman from Michigan (Mr. all Members of the House of Represent- brought out some of the worst features CONYERS). atives had access to those executive of man. I have to say it. First of all, Mr. CONYERS. Mr. Speaker, I have session materials. hypocrisy. Let he who is without sin just been advised that the chairman of That has been what the rule is since cast the first stone. Second, unfairness. the House Committee on the Judiciary October 8, and any Member has had the The Members of this body on both has unilaterally permitted other Mem- legal right to go over to the Ford sides would like to vote on a censure bers other than committee members to Building and examine the executive resolution. The Republican majority visit the Ford Building to read other session materials. will not allow that. The American peo- materials unbeknownst to me and we Mr. SENSENBRENNER. Mr. Speak- ple believe censure is an appropriate had not allowed any Democratic Mem- er, I yield 1 minute to the gentleman response. The Republican majority will bers to go over there because we did from New York (Mr. HOUGHTON). not allow that. not know that they were permitted to (Mr. HOUGHTON asked and was And third, there is a very unseemly attend if they were not members of the given permission to revise and extend obsession with this matter to the ex- Committee on the Judiciary. And I his remarks.) clusion of what used to be called the thank the gentleman from Georgia Mr. HOUGHTON. Mr. Speaker, I am war effort. It used to be we got behind (Mr. BARR) for pointing that out to us. going to take a little different tact our young men and women, we focused It is an incredible violation of our here. I stand here as a Republican. I am on what they were doing. This crowd democratic rights, and I am deeply of- proud of my party. But I am opposed to now believes that their partisan agenda fended by it. impeachment, and have proposed my is more important. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11829 At the bottom, this is about sex. 700 people under the Clinton-Reno Jus- answers to written questions asked in the Now, the Republicans also jump up and tice Department have been tried and Jones vs. Clinton case, in order to thwart that say, no, it is about lying. Well, even if convicted of it; 115 are, in fact, in jail federal civil judicial proceeding. you accept the allegations that they today. What would happen to the court On December 23, 1997, the President are making, it is about lying about sex. system if this were not the case? signed an affidavit in which he swore to tell That is not an impeachable offense. Justice must be applied to all equally the truth, the whole truth, and nothing but the If, in fact, they want to make the ar- regardless of popularity, party or posi- truth in answers to written questions asked in gument that this is about the rule of tion. I sadly must support these arti- the Jones vs. Clinton case. Such questions law, then the President is not above cles. are permissible under current law in civil rights the rule of law, the President can be After months of debate, a review of the evi- lawsuits in order for the court and the parties prosecuted. Do not believe the Presi- dence, and careful consideration of the biparti- to ascertain the true facts of a case. dent can escape prosecution for these san hearings, I have decided to support all In those answers: offenses in a court of law. four Articles of Impeachment. Not to do so The President swore that he had not had would send a message to every court and b 1545 sexual relations with any federal employees. every trial in America that truth is relative, The facts show this is not true. The President can be prosecuted even optional. In short, America is a nation of The President also swore that he had not after he leaves office. The Founding laws and, as such, the law must apply equally proposed nor sought to have sexual relations Fathers left to us the question of im- to all people, regardless of position. with any federal employees. The facts show peachment, which is not legal; it is a Throughout this debate, the first question this is not true. political exercise which we are engaged that must be considered is, what are the The President told a series of calculated lies in today. Unfortunately the Repub- facts? Based on 60,000 pages of testimony, under oath, after swearing to tell the truth, in affidavits, and tapes taken under oath, honest licans have lost all sense of proportion a deposition given in the Jones vs. Clinton people regardless of party, should be able to of judgment. They talk about law, but case, in order to thwart that federal civil judi- they do not talk about justice. Justice determine if laws were broken. Here are the facts with respect to the Arti- cial proceeding. looks at the situation and fits the On January 17, 1998, the President swore sanction to the crime. In this instance cles of Impeachment which were reported out of the House Judiciary Committee on Decem- to tell the truth, the whole truth, and nothing we do not have high crimes and mis- ber 16, 1998: but the truth in a deposition given in the Jones demeanors, we have low crimes and vs. Clinton case. misdeeds. In truth, we ought to have ARTICLE IÐGRAND JURY PERJURY Article I charges that the President told a In that deposition: the sanction option, we ought to look The President swore that he was ``not sure'' series of calculated lies under oath, after at another way to respond to the situa- swearing to tell the truth, before a federal whether he had ever talked to Monica tion, but we do not have that oppor- grand jury that was investigating his alleged Lewinsky about the possibility that she might tunity. misconduct. be asked to testify in the Jones vs. Clinton Mr. Speaker, this crowd, this Repub- On August 17, 1998, seven months after case. The facts show this is not true. lican leadership is forcing us to remove being deposed in the Jones vs. Clinton case, The President swore that he did not know the President, and that is a tragedy, the President swore to tell the truth, and noth- whether Monica Lewinsky has been served a and that is in fact a low point in Amer- ing but the truth before a federal grand jury. subpoena to testify in the Jones vs. Clinton ican politics. Before the grand jury: case when he last saw her in December 1997. Mr. SENSENBRENNER. Mr. Speak- The President swore that he did not want The facts show this is not true. er, I yield 11⁄2 minutes to the gentleman Monica Lewinsky to execute a false affidavit in The President swore that the contents of an from Georgia (Mr. KINGSTON). the Jones vs. Clinton case. The facts show affidavit executed by Monica Lewinsky in the (Mr. KINGSTON asked and was given this is not true. Jones vs. Clinton case, in which she denied permission to revise and extend his re- The President swore that he did not allow they had a sexual relationship, were ``abso- marks.) his attorney to refer to an affidavit before the lutely true.'' The facts show this is not true. Mr. KINGSTON. Mr. Speaker, first judge in the Jones vs. Clinton case that the The President swore that he did not know let me clear up a misconception of the President knew to be false. The facts show that his personal friend, Vernon Jordan, had previous speaker about the situation this is not true. met with Monica Lewinsky, a federal employee internationally. May 18, 1972, when The President swore that he did not believe and subordinate, and a witness in the Jones over 62,000 troops were on the ground in Monica Lewisky's affidavit was false. The facts vs. Clinton case in which the President was Vietnam, the gentleman from Michi- show this is not true. named defendant, and talked about the case. gan (Mr. CONYERS), the ranking mem- The President swore that he was trying to The facts show this is not true. ber on the Committee on the Judiciary, determine whether his ``recollection was right,'' The President swore that he could not recall introduced House Resolution 989 call- and he was ``trying to get the facts down'' and being alone with Monica Lewinsky. The facts ing for the impeachment of the Presi- ``understand what the facts were'' when he re- show this is not true. dent of the United States of America. cited to Betty Currie a false account of his The President swore that he could not recall Now let me say this. As I have lis- interactions with Monica Lewinsky. The facts giving gifts to Monica Lewinsky. The facts tened to this debate and listened to show this is not true. show this is not true. The President swore that he did not give both parties, there is at least an The President swore that he could not recall false testimony in his deposition in the Jones emerging consensus that lies have been ever being in the Oval Office hallway with Ms. vs. Clinton case. The facts show this is not made, laws were broken and that the Lewinsky except perhaps when she was deliv- true. rule of law was undermined and sub- The President swore that he did not talk to ering pizza. The facts show this is not true. verted. The question diverges on the Betty Currie, his secretary, about the retrieval The President swore that Monica Lewinsky matter of consequences; is this im- of gifts he had previously given to Monica gave him gifts ``once or twice.'' The facts show peachable? Some want censure, but the Lewinsky. The facts show this is not true. this is not true. only constitutional remedy to the The President swore that he told the truth The President swore that the last time he House is impeachment. Should the Sen- about his relationship with Monica Lewinsky to spoke to Monica Lewinsky was when she ate decide, they may be able to cen- his aides who he knew would likely be called stopped by before Christmas 1997 to see sure. They have that option because to testify before the grand jury. The facts show Betty Currie or at a Christmas party. The fact only the Senate can decide on punish- this is not true. show this is not true. ment; the House does not have that op- The President swore that he did not have The President swore that he did not have tion. Our duty is to accuse, not to pun- sexual relations with Monica Lewinsky. The an extramarital affair or sexual relations with ish. evidence indicates that he lied, even accord- Monica Lewinsky. The facts show this is not But since Democrats and Republicans ing to his own interpretation of the Jones vs. true. have agreed that lies were made, is it a Clinton court's definition of the term ``sexual ARTICLE IIIÐOBSTRUCTION OF JUSTICE high crime or a misdemeanor? Lying relations.'' Article III charges that the President en- under oath on a material matter is per- ARTICLE IIÐCIVIL PERJURY gaged in a pattern of obstruction while the jury, and, under these circumstances, a Artlce II charges that the President lied Jones vs. Clinton case was pending, and felony. It has been serious enough that under oath, after swearing to tell the truth, in while a federal criminal investigation into his H11830 CONGRESSIONAL RECORD — HOUSE December 18, 1998 alleged misconduct was pending, in order to tained in the affidavit executed by Monica If citizens are allowed to lie with impunity, the thwart those proceedings. Lewinsky in the Jones vs. Clinton case were system cannot reach just results and it de- The President encouraged Monica Lewinsky false. The facts show this is not true. scends into chaos. Some say that people lie to file a sworn affidavit that he knew would be The President swore that he did not give under oath all the time and are not pros- false in the Jones vs. Clinton case. false testimony in his deposition in the Jones ecuted. To some extent, that is true, but con- The President encouraged Monica Lewinsky vs. Clinton case when he stated that he did sider how much worse the situation would be to lie under oath if called personally to testify not recall giving gifts to Monica Lewinsky. The if there were no threat of a perjury prosecu- in the Jones vs. Clinton case. facts show this is not true. tion. The President related to Betty Currie, a po- The President swore that he did not give tential witness in the Jones vs. Clinton case, WHAT DOES THE CONSTITUTION SAY? false testimony in his deposition in the Jones The Constitution states, ``The President a false account of events relevant to testimony vs. Clinton case when he responded ``once or she might provide in the case. shall be removed from office on impeachment twice'' to the question ``has Monica Lewinsky for, and conviction of, treason, bribery or other The President told lies to While House aides ever given you any gifts?'' The facts show this who he knew would likely be called as wit- high crimes and misdemeanors.'' What con- is not true. stitutes ``treason, bribery, or other high crimes nesses before the grand jury investigating his The President swore that he did not attempt misconduct which these officials repeated to and misdemeanors?'' The Library of Congress to influence the testimony of Betty Currie. The the grand jury, causing the grand jury to re- defines this clause as the following: facts show this is not true. ceive false information. Treason is defined in Article 3, Section 3, The President intensified an effort to provide IT IS APPARENT THAT THE INDEPENDENT COUNSEL AND Clause 1 as follows: ‘‘Treason against the job assistance to Monica Lewinsky, and suc- REPUBLICAN MEMBERS OF THE HOUSE JUDICIARY United States shall consist only in levying COMMITTEE CONCLUDED THE PRESIDENT PERJURED war against them, or in adhering to their en- ceeded in his efforts, at a time when her truth- HIMSELF, BUT WHAT HAVE THE SOME OF THE DEMO- ful testimony in the Jones vs. Clinton case emies, giving them aid and comfort.’’ It is CRATS SAID? also defined in 18 U.S.C. Sec. 2381. Bribery is would have been harmful to him. House Judiciary Committee Democrats: The President engaged in a plan to conceal not defined constitutionally, but the term Rep. Charles Schumer: ``To me, it is clear appears in 18 U.S.C. Sec. 201. evidence that had been subpoenaed in the that the President lied when he testified before ‘‘High crimes and misdemeanors,’’ are not Jones vs. Clinton case. the grand jury.'' House Judiciary Committee defined in the Constitution or by statute. The President, at his deposition, allowed his Hearing on Oct. 5, 1998. U.S. precedents suggest that certain actions attorney to make a false representation to a Rep. Robert Wexler: ``The President did not that are not crimes may be impeachable. federal judge in order to prevent questioning tell the truth. He lied under oath. That's some- Some interpreters of the impeachment about Monica Lewinsky. clause place great importance on the words thing we have to deal with...His actions are in- ARTICLE IVÐABUSE OF POWER ‘‘other’’ and ‘‘high’’ when reading the phrase defensible.'' Washington Post; September 15, ‘‘or other high crimes and misdemeanors.’’ Article IV charges that the President, in his 1998. constitutional role as President of the United They suggest that ‘‘other’’ means that the Rep. Barney Frank: ``I personally believe crimes and misdemeanors contemplated by States, lied under oath, after swearing to tell that the President testified falsely when he the Framers must be of similar magnitude to the truth, in answers to written requests for said he could not remember being alone with treason or bribery. They also suggest that admission asked in the impeachment inquiry, Miss Lewinsky.'' The San Francisco Chronicle; ‘‘high’’ modifies both ‘‘crimes’’ and mis- assuming to himself powers reserved to the August 17, 1998. demeanors,’’ meaning that ordinary crimes House of Representatives, in order to thwart and misdemeanors are not necessarily im- Rep. Howard Berman: ``Even if one con- peachable offenses. that constitutional proceeding. cludes the President's testimony is not truth- On November 27, 1997, the President fulÐwhich I haveÐthat's not grounds for im- WHAT DO THE SCHOLARS THINK? signed an affidavit in which he swore to tell peachment. I think the best way for the coun- Eminent constitutional scholars testified be- the truth, the whole truth, and nothing but the try to move beyond this sad affair is for Con- fore the House Judiciary Committee about the truth in answers to written requests for admis- gress to have some sort of formal declaration meaning of impeachment, the impeachment sion issued as part of the impeachment inquiry of disapproval of the President's conduct. I standard as applied throughout American his- in order to ascertain the true facts regarding think that is clear. There needs to be some tory, and what the Founders said about im- the President's conduct. public consequence for the President's des- peachment when the issue was debated in In those answers: Philadelphia in the summer of 1787. Professor The President swore that he had no specific picable behavior.'' House Judiciary Committee Stephen Presser of Northwestern University recollections that he told Monica Lewinsky on Hearing; December 11, 1998. testified that criminal interference in the legal the same day he told her she was a witness White House Counsels: process was an obvious ground for impeach- in the Jones vs. Clinton case that she could Gregory Craig, Special Counsel to the ment. Indeed, Professor Presser argued that say to anyone inquiring about their relationship President: ``I am willing to concede that, in the failure by the President to live up to the stand- that her visits to the Oval Office were for the Jones deposition, the President's testimony ards of honesty, virtue, and honor thought purpose of visiting with Betty Currie or deliver- was evasive, incomplete, misleading even necessary for the office was precisely what ing papers to the President. The facts show maddening, but it was not perjury.'' House Ju- the Founder intended the impeachment provi- this is not true. diciary Committee Hearing; December 8, The President swore that he did not give 1998. sion of the Constitution. When a President perjurious, false and misleading testimony Charles F.C. Ruff, Office of the White uses his office for personal rather than public under oath when he stated during his deposi- House Counsel: ``I had no doubt that he ends, he has betrayed his constitutional obli- tion that he did not know if Monica Lewinsky walked up to a line that he thought he under- gations to the Nation. had been subpoenaed to testify in the Jones stood. Reasonable peopleÐand you may beÐ Other scholar made arguments before the vs. Clinton case. The facts show this is not have reached that conclusionÐcould deter- committee supporting this view. Professor true. mine that he crossed over that line, and what John McGinnis of Yeshiva University Cardozo The President swore that he did not have a for him was truthful but misleading, or non- School of Law pointed out that this matter is discussion with Monica Lewinsky at the White responsive and misleading, or evasive, was in not about the President's private life. It is House regarding gifts he had given to her that fact, false.'' House Judiciary Committee Hear- about someone else's rights, rights which the were subpoenaed in the case of Jones vs. ing, December 9, 1998. President is sworn to protect. It is about a pri- Clinton. The facts show this is not true. ONE CAN CONCLUDE THERE IS AT LEAST SOME AGREE- vate citizen's civil rights and an effort to cor- The President swore that he did not discuss MENT THAT THE PRESIDENT PROVIDED FALSE INFOR- ruptly influence that citizen's due process with Betty Currie gifts previously given by him MATION BEFORE THE GRAND JURY. THUS, LAWS WERE rights. In the United States, civil rights, the to Monica Lewinsky. The facts show this is not BROKEN. ARE THESE OFFENSES IMPEACHABLE? right to a fair trail, and equity before the bar true. Some critics argue that perjury about sex in of justice are cherished rights, and the last The President swore that he did not re- a civil case is trivial and not worth pursuing. In person in the Republic we should accept as a quest, instruct, suggest to or otherwise dis- fact, prosecuting perjury vindicates the rule of violator of them is the man charged with en- cuss with Betty Currie that she take posses- law. A judicial system is in order, because it forcing them. Perjury and obstruction of justice sion of gifts he had previously given to Monica is fair and civil to settle disputes through judi- in a civil case are a threat to the civil rights of Lewinsky. The facts show this is not true. cial means. Perjury is a crime, because a judi- every citizen, especially when that citizen if The President swore that he did not have cial system can only succeed if citizens are re- confronted with a vast apparatus of govern- knowledge that any facts or assertions con- quired to tell the truth in judicial proceedings. ment power December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11831 WHAT IS THE SUPREME COURT'S VIEW? matter to the Senate. The job of the House is On Jan. 11, 1973, while Henry Kissinger In this constitutional process of securing a not to punish but to accuse. The Senate must was in the final stages of negotiating the witness’s testimony, perjury simply has no review the accusation and make a final deci- peace agreement that was signed in Paris on place whatsoever. Perjured testimony is an sion. Jan. 27 and 21,500 troops remained in Viet- obvious and flagrant affront to the basic con- Furthermore, should the House pass a cen- nam, the Senate Democratic Caucus unani- cepts of judicial proceedings. Effective re- sure resolution, it would set a dangerous mously approved a resolution calling for an in- strains against the type of egregious offense precedent for future Congresses, who will are therefore imperative. The power of sub- vestigation of the Watergate affair. Senate Ma- poena, broad as it is, and the power of con- surely be tempted to use this act as a weapon jority Leader Mike Mansfield announced that tempt for refusing to answer, drastic as that against a President of an opposing party Sen. Sam Ervin had agreed to chair the hear- is—and the solemnity of the oath—cannot whenever Congress has serious disagree- ings. Mansfield also released letters he had ensure truthful answers. Hence, Congress has ments with the administration's policy. The sent to the Senate committee chairman the made the giving of false answers a criminal Founders did not believe that the House previous November calling for committee in- act punishable by severe penalties, in no should have such a role, unless presidential vestigations saying: ``The question is not politi- other way can criminal conduct be flushed in misconduct were so egregious as to warrant cal, it is constitutional.'' the open where the law can deal with it. impeachment. Similarly, our cases have consistently—in- If censureship is not an option, what exactly On February 7, 1973, as the U.S. bombing deed without exception-allowed sanctions for is the House voting on? Again, the Constitu- in Laos was increased to help force a wider false statement or perjury; they have done so tion interprets impeachment as an indictment. peace in Indochina and just one week before even in instances where the perjurer com- the first planeload of American POWs were plained that the government exceeded its That is, does the House find probable evi- constitutional powers making the inquiry— dence to send the matter to the Senate for a sent home by North Vietnam, the Senate United States vs. Mandurano. 425 U.S. 564, full trial and to make the final decision? Based voted to establish a select Committee to probe 576–77 (1976) on the facts presented, the answer is ``yes'' if Watergate. The Senate acted based on a pre- The seriousness of perjury is reflected in the one believes the charges are impeachable. liminary study and a report was released Feb. Federal Sentencing Guidelines, which classify Outside of the legal realm, many argue that 1 by Sen. Kennedy which was the result of an perjury in the same category as bribery impeachment is against the will of the people. investigation by his Judiciary subcommittee (2J1.3). However, Members of congress have to make into Watergate. Over 10,000 troops were still Congress has reaffirmed the Supreme this decision based on the Constitution and in Vietnam at the time. Court's words through the impeachment proc- the oath of office, not political polls, party, or During the first week of May, 1973, 14 reso- politics. But, to examine this idea of polling, ess. All three of the federal judges who were lutions (2 by Rangel) were introduced in the should polls also be conducted on the govern- impeached in the last twenty years (Claiborne, House calling either for the appointment of a ment's policy in Bosnia, the Middle East, on Nixon, and Hastings) were impeached for special prosecutor or authorizing Watergate in- the government's income tax, on the Internal some form of lying under oath. vestigations by the House. On May 1, the Revenue Service, on school choice? Those The United States Department of Justice Senate passed a resolution calling for an out- who insist on using polls for impeachment de- side prosecutor and Sen. Ervin began his Wa- prosecutes perjury occurring in civil cases. cisions are selectively oblivious to the ``will of tergate hearing on May 17. Archibald Cox was There are many cases similar to the one faced the people'' on other matters which may or appointed Special prosecutor the next day. before our President today. For example, the may not be in sink with their own political phi- The Senate and House also voted in May to Justice Department recently charged Veterans losophies. Administration psychiatrist Barbara Battalion prohibit the use of funds to ``finance combat SHOULD THE HOUSE OF REPRESENTATIVES PROCEED activities [bombing] in, over, or from off the with obstruction of justice based on her denial WITH AN IMPEACHMENT VOTE AT THIS PARTICULAR TIME? in a civil case of a sexual relationship. United Another argument against an impeachment shores of Cambodia or Laos by U.S. forces.'' States vs. Battalino. vote is that it will disrupt the nation while At the time, over 6,000 military and civilian Diane Parker, a former employee of the troops are being deployed to Iraq. Here is an DOD personnel were still on the ground in U.S. Postal Service was sentenced to thirteen example of what our nation was going through Vietnam and the U.S. was bombing in Laos to months in prison and three years parole for while President Nixon was in office: force Hanoi to abide by the Laotian peace lying in a civil case about a sexual relationship As Henry Kissinger was engaged in nego- agreement and in Cambodia to halt a North that she had with a subordinate. Ms. Parker tiating a peace agreement with the North Viet- Vietnamese-backed assault on the Cambodian was charged perjury. United States vs. Parker. namese in Paris in May 1972, 3 resolutions government.Ð[H. Res. 367, 368, 369, 373, In fact, the President and the Attorney Gen- (H. RES. 975, 976, & 989) were introduced in 374, 376, 377, 378, 380, 381, 384, 385, 386, eral's Department of Justice has tried and the House calling for Nixon's impeachment 391] convicted over 700 people for perjury. Of based on Indochina military actions taken as Furthermore, do Washington pundits believe those 700 people, 115 are now serving a pris- part of an effort to strengthen the U.S.'s hand that business will not function during an im- on sentence. in the negotiations. peachment trial? Would they have us believe The President is the chief law enforcement On May 18, while there were still over America will quit buying and selling houses officer in the United States. If the President 62,000 troops on the ground in Vietnam, Mr. and cars? Will farmers stop producing and has committed perjury and Congress allows Conyers (who is now ranking Member on the consumers stop consuming? Those who fear him to do so without consequences, no other House Judiciary Committee) introduced H. disrupting the country's business either mis- citizen can be expected to tell the truth under Res. 989Ðtogether with Mr. Dellums, Rangel, understand or underestimate the American oath. He sets an example that all Americans and Stokes (also Members of the Judiciary people. Or, are they saying the Constitution is are expected to follow. If every American feels Committee)Ða resolution which called for: flawed? When it is interrupted in a manner that he can lie because of what the President Impeaching Richard M. Nixon, for abuse of with which they disagree, then it becomes a represents, then the judicial system for settling the office of the President and of his powers Constitutional crisis. If this is in fact the case, disputes will falter. as Commander in Chief of the Armed Forces by ordering the mining of all North Viet- then perhaps the President should consider WHY SHOULD THE PRESIDENT BE IMPEACHED AND NOT namese ports and the massive aerial bom- doing what over 200 publications have called CENSURED? bardment without discrimination as to the on him to do (including The Savannah Morn- Many support censure, yet, the Constitution lives of civilians in Indochina, and for other ing News, The Brunswick News, The neither gives the House authority to censure high crimes and misdemeanors within the Statesboro Herald, The Atlanta Constitution, the President nor does it prohibit such action. meaning of article II, section 4, of the Con- The Augusta Chronicle, The Marietta Daily What are the arguments against censure? The stitution of the United States. Journal, The Waycross Journal Herald, the short answer is that there is no Constitution On Oct. 12, 1972, four months after the USA Today, and The Florida Times Union)Ð basis for it. One could perhaps make the argu- break in, less than a month before the Presi- resign. This would allow the capable and ex- ment that the Senate has the Constitutional dential election, and while the United States perienced Vice-President to take over as authority for such a measure, because they was still bombing Hanoi and 32,000 troops re- President Ford did in 1974. are in charge of punishment and have flexibil- mained in Vietnam, House Banking Chairman ity to decide what punishment is appropriate. Wright Patman attempted to have his commit- CLOSING REMARKS But the Constitution does not give the House tee initiate a Congressional probe of Water- The House voted on a bipartisan basis to of Representatives any other option in the gate and announced that the GAO had ac- proceed with an impeachment inquiry by the case of Presidential misconduct aside from the ceded to a request for a ``full scale investiga- Judiciary Committee. Procedures were mod- provision of impeachment which sends the tion'' of Watergate. eled after the Democratic-designed Watergate H11832 CONGRESSIONAL RECORD — HOUSE December 18, 1998 rules and time was given to all parties for wit- So it is not about Whitewater, it is like to hear some specific allegations. nesses, thus making this investigation fair and not about Travelgate, and it is not The Committee on the Judiciary con- equitable. about Filegate. It is about sex. It is ducted an independent review of this Our actions will stand the test of time. They about a punishment searching for a matter. We are not bound by Kenneth must. This vote is not for today or the next crime that does not exist. Starr. All the exculpatory material election, but for the next generation. We are a In the Gingrich probe we drew every was made available to the President’s nation of laws and upholding those laws is the inference in favor of the accused, but in counsel. He had an opportunity to call duty of all citizens, or, as it has been asked, this case it took a closing question witnesses. We urged him to. All the should we be a nation that has one law for the from a member of the grand jury to time was not taken by the President’s ruler and another for the ruled? Monica Lewinsky to say: ‘‘Is there any- counsel, and I think that is important This is a sad and serious situation, but to thing you would like to add to your to be noted. vote ``no'' would send a message that oaths to prior testimony?’’ for Monica Mr. Speaker, I believe it is critical tell the truth mean little and a cancer would Lewinsky to respond, and I quote: that we were fair through the Commit- spread throughout our courts and eventually ‘‘No one ever asked me to lie, and I tee on the Judiciary process, and I be- our nation itself. was never promised a job for my si- lieve we accomplished that. Mr. CONYERS. Mr. Speaker, I yield lence.’’ Mr. SENSENBRENNER. Mr. Speak- 31⁄2 minutes to the gentlewoman from The point is why did the independent er, I yield 2 minutes to the gentleman California (Ms. PELOSI). counsel not elicit that important testi- from Mississippi (Mr. WICKER). Ms. PELOSI. Mr. Speaker, today is a mony? (Mr. WICKER asked and was given tragic day for our country because, In the Gingrich case we spent a permission to revise and extend his re- while our young people are fighting in major part of our report explaining the marks.) the Persian Gulf and bringing honor to laws which were violated. The Commit- Mr. WICKER. Mr. Speaker, I am glad our country, we are bringing dishonor tee on the Judiciary has not proven we keep coming back to the rule of law to it with our hypocrisy here in this perjury, it has not even defined per- question. I think standing for the rule Chamber. Today the Republican Party jury. Instead, it has kept the subject of law includes the following: that the is not judging our President with fair- intentionally vague. Whether one is Nation’s chief law enforcement officer ness but is impeaching our President. violating a marital vow or some other cannot commit perjury and remain in PARLIAMENTARY INQUIRY aspect of his personal behavior, it is office. The rule of law means that the Mr. SENSENBRENNER. Mr. Speak- not an impeachable offense. Our col- Commander in Chief of our Armed er, I have a parliamentary inquiry. leagues have not proven perjury. Forces should not be held to a lower The SPEAKER pro tempore (Mr. In the Gingrich probe we had a bipar- standard than are his subordinates. LAHOOD). The gentleman will state his tisan unanimous vote in our sub- The rule of law means that even the parliamentary inquiry. committee and an almost unanimous most ordinary and humble citizens are Mr. SENSENBRENNER. Mr. Speak- vote on the floor because we built con- entitled to their day in court, and they er, is the word ‘‘hypocrisy’’ in order on sensus and we tried to bring the matter are entitled to expect sworn testimony this floor? to closure, and I will submit the rest to in that court to be truthful, even testi- The SPEAKER pro tempore. The gen- the RECORD where I say that censure is mony from the President of the United tlewoman from California would have closure, censure is constitutional. John States. The rule of law means recogniz- to yield. Marshall, the Supreme Court Chief ing that felonious criminal conduct by Ms. PELOSI. I do not have enough Justice of the United States testified the President of the United States can- time to yield, Mr. Speaker. that it was. How can the Republicans, not be tolerated. The rule of law is The SPEAKER pro tempore. The gen- as we come to punishment, how can the more important than the tenure in of- tlewoman may proceed. Republicans exalt the gentleman from fice of any elected official. Ms. PELOSI. Mr. Speaker, today the Georgia (Mr. GINGRICH) to the highest During John Adams’ second night in Republican majority is not judging the post of Speaker after he admitted lying the White House he wrote these words: President with fairness but impeaching to Congress and try to impeach the ‘‘I pray heaven to bestow the best of him with a vengeance. In the investiga- President of the United States for blessings on this House and on all that tion of the President fundamental prin- lying about his personal affairs? shall hereafter inhabit it. May none ciples which Americans hold dear, pri- I urge my colleagues to vote no, stop but honest and wise men ever rule this vacy, fairness, checks and balances, this hatchet job on the presidency, stop roof.’’ have been seriously violated, and why? this hypocrisy, stop this hatred and Mr. Speaker, it is with great regret Because we are here today because the vote no on all four counts. that I conclude the current occupant of Republicans in the House are paralyzed RESPONSIBILITY IN THE GINGRICH MATTER the White House has utterly failed to with hatred of President Clinton, and We had a bipartisan unanious vote of our live up to this standard. I cast my vote until the Republicans free themselves subcommittee and a near unanimous vote on for impeachment to protect the long- of this hatred, our country will suffer. the floor because we build consensus and term national interest of the United I rise to oppose these unfair motions brought the matter to closure. We have that States, to affirm the importance of which call for the removal of the Presi- opportunity today with a motion of censure. truth and honesty, and to uphold the dent of the United States from office, Censure is constitutional. In 1800 Representa- rule of law in our Nation. and in doing so wish to point out some tive Livingston introduced a motion of censure Mr. CONYERS. Mr. Chairman, I yield difference between the investigation of against President John Adams. The President 2 minutes to the gentleman from Flor- the President and the investigation of was successfully defended by Congressman ida (Mr. DEUTSCH). the gentleman from Georgia (Mr. GING- John Marshall of Virginia who would soon be- Mr. DEUTSCH. Mr. Speaker, the Re- RICH). come Chief Justice of the United States. Mar- publican leadership’s irresponsible ac- The first principle in our investiga- shall is the father of much of our constitutional tions today on impeachment is only tion of the gentleman from Georgia law and he never argued in the Adams case met by the irresponsible behavior yes- (Mr. GINGRICH) was that at the moment that censure was unconstitutional. terday questioning the military action we found exculpatory information it Mr. SENSENBRENNER. Mr. Speak- in Iraq. would be reported immediately to the er, I yield 30 seconds to the gentleman The President’s conduct has been de- accused and be made public. The inde- from Arkansas (Mr. HUTCHINSON). plorable, indefensible, but his behavior pendent counsel knew that the Presi- Mr. HUTCHINSON. Mr. Speaker, I by any objective analysis does not rise dent was exonerated in Travelgate, have been taking notes on my col- to the level of impeachment as defined Whitewater and Filegate, and he held leagues on the other side of the aisle, by our Constitution. that information until the hearing, in- and I would just ask them to talk What did the President do? He mis- deed until after the election. This was about the facts in the articles, four. We led, he manipulated and he lied to two not fair. Indeed, it is the responsibility would love them to talk about those. If specific questions under oath. The first of any prosecutor to immediately re- anyone disputes the allegations of per- question was whether he was ever lease information that is exculpatory. jury, obstruction of justice, we would alone with Ms. Lewinsky. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11833 The leading Supreme Court case on determine if the laws are being fol- gantly rejected Democratic sugges- perjury I think really points out the lowed, and it is only through the re- tions for how to conduct this inquiry, fact that that issue was not perjury. As quirement that a witness testify truth- and it delayed for weeks getting the in- distasteful as that might be, that is the fully that a determination may be quiry underway. facts of the law. The leading Supreme made as to whether the laws are being When it finally convened, this same Court case talked about someone who followed. committee that comes today and tells testified under oath that he did not b 1600 us that this is the most important de- have, his company did not have, a cision of this House, short of declaring Swiss bank account. He, in fact, did, Mr. SENSENBRENNER. Mr. Speak- war, failed to meet its burden of proof but his company did not. He was pros- er, I yield one minute to the gentleman by calling one single witness who had ecuted, convicted for perjury. The Su- from Pennsylvania (Mr. GREENWOOD). firsthand knowledge of the facts in- preme Court overthrew that case be- Mr. GREENWOOD. Mr. Speaker, I volved. Instead, it relied almost exclu- cause in fact that was not perjury by thank the gentleman for yielding me sively on a fellow named Ken Starr, being deceitful, by being misleading in time. who is obsessed with getting Bill Clin- his answer. That is exactly what the Mr. Speaker, the gentleman from ton, no matter what the cost, in either President did. Michigan (Mr. CONYERS) made ref- wasted taxpayer dollars or in violated But even if it were perjury, even if it erence earlier in the debate to last- civil liberties and rights of privacy. were perjury, our Constitution talks minute arm twisting of the undecided, So, I find myself today I think like about subversion of government as and I feel compelled to comment. many Americans, disgusted with the issues for impeachment. Can anyone I made a commitment to myself and whole situation. I find a situation that objectively say that the answers to my colleagues, an unusual one, and is so shameful, a situation so shameful those questions were an attempt to that is to come to this debate with my that neither Republican Speaker, ei- subvert our government? Can anyone mind still available to persuasion. I am ther Mr. GINGRICH or Mr. LIVINGSTON, say that objectively? Honestly? Obvi- one of the last few holdouts undecided will even preside over this proceeding ously not. These misrepresentations in this debate, and it needs to be said today. were lies, but absolutely not a subver- that not once, not once in this entire A new year that begins in this coun- sion of our government. ordeal, has a single member of my try with all three branches of our gov- Clearly this is not an impeachable of- leadership, has a single colleague, has a ernment embroiled in the first Senate fense. Clearly again the conspiracy single member of the Committee on trial in 130 years will not be a pros- that my Republican colleagues say oc- the Judiciary, not only not asked me perous and productive new year for our curred in terms of the actions in Iraq; to vote one way, they have never even people. The poison of division that in- the British are involved in those ac- inquired as to how I would vote. fects this House today spreads through- tions. Are they part of the conspiracy We have big differences of opinion out the American population. It is a that they allege? Are the 30 countries here, but it does the process an injus- poison that invades our body politic that are part of the UNSCOM U.N. tice to argue that there has been arm and thwarts our ability to come to- team that did the investigation in twisting. gether as a Nation to resolve our prob- terms of chemical and biological weap- I think the Whip has been maligned lems. ons in Iraq, are they part of this con- in this process. It has been alleged that Do not rip our Nation asunder. Bring spiracy as well? Obviously not. he is twisting arms. I spent 31⁄2 hours in us together. Punish the President with The irresponsible actions will be the company of the gentleman from a punishment that fits the offense. Do checked at the ballot box and by his- Louisiana (Mr. LIVINGSTON), the gen- not punish the American people by pro- tory. tleman from Texas (Mr. ARMEY), the longing this dreadful episode. Censure Mr. SENSENBRENNER. Mr. Speak- gentleman from Texas (Mr. DELAY) and and move on. er, I yield 1 minute to the gentleman the entire elected leadership this week, Mr. SENSENBRENNER. Mr. Speak- from Florida (Mr. CANADY) for rebuttal. and not once did any of them say a er, I yield 10 seconds to the gentleman Mr. CANADY of Florida. Mr. Speak- word to me about impeachment. from Tennessee (Mr. BRYANT). er, I thank the gentleman for yielding Mr. CONYERS. Mr. Speaker, I am Mr. BRYANT. Mr. Speaker, with over this time to me, and I want to com- pleased to yield 21⁄2 minutes to the gen- 60,000 documents, in the presentation pliment my colleague from Florida for tleman from Texas (Mr. DOGGETT), a of the White House lawyer, Mr. Ruff, he at least touching on the facts of the former member of the Supreme Court made no challenge to the testimony of case, but I feel compelled to respond to of his state. Betty Currie, Monica Lewinsky or any- the points he has made about perjury. Mr. DOGGETT. Mr. Speaker, as a one else in the factual situation that I think what we are hearing here are former judge and an attorney, I have we have had before us. more of the legalisms, more of the seen firsthand the corrosive effect on Mr. SENSENBRENNER. Mr. Speak- legal gymnastics, more of the hair the justice system of lying. Lying er, I yield such time as he may con- splitting that we should not be hearing under oath is just as wrong when it is sume to the gentleman from California in this context, and I would also point committed by your allies as when com- (Mr. LEWIS). out that the President’s own lawyer in mitted by your adversaries. I agree Mr. LEWIS of California. Mr. Speak- his presentation to the Committee on that no Republican made this Presi- er, it is with a heavy heart that I rise the Judiciary admitted that when the dent lie, just as no Democrat influ- in support of the articles of impeach- President answered the questions in enced NEWT GINGRICH. ment before the House today. the deposition he intended to mislead When the House reconvened after the Tomorrow, the House of Representatives by his answers. That was his intention. August recess, after the President’s will make one of the most solemn decisions it Let me read to my colleagues from a testimony to the grand jury and his can makeÐwhether to indict, or impeach, the recent decision of the Sixth Circuit statement to the Nation, I was the first President of the United States. Court of Appeals. It says a perjury in- Member of this House on either side of The historical significance of this week's ac- quiry which focuses only upon the pre- the aisle to come to this floor and con- tion does not escape me. This is only the sec- cision of the question and ignores what demn the President’s lying and ask ond time in our nation's history that Congress the defendant knew about the subject that he be promptly punished. has voted on an impeachment inquiry. As we matter of the question at the time it Then, as today, this Republican lead- approach the votes that will occur later this was asked misses the very point of per- ership had a choice: It could either week, I feel a burden of responsibility as never jury. That is the defendant’s intent to bring us together in a collective con- before during my years in public affairs. testify falsely and thereby mislead his demnation of this conduct, or it could Like most people in public service, Presi- interrogators. Such a limited inquiry split us apart. Unfortunately, on the dent Clinton serves as a mentor to young peo- would not only undermine the perjury eve of an election, it took the latter ple who come to the nation's capital with laws, it would undermine the rule of course, and, in an unsuccessful effort, idealism and hope that they might learn the law as a whole, as truth seeking is the it tried to exploit this situation to its functions of government and participate in the critical component which allows us to maximum political advantage. It arro- legislative process. It is quite clear that the H11834 CONGRESSIONAL RECORD — HOUSE December 18, 1998 President grossly violated his responsibility as crimes that our constituents would go enough and are reading about this in a mentor to a young woman working in the to prison for, and do we hold the Presi- the history books, that they are going White House. As a parent, I find his behavior dent, the top-ranking law enforcement to have confidence that every vote cast immoral and highly offensive. It shows a fun- official in our country, to a lower was done in the best interests of the damental lack of judgment and a total dis- standard? country, rather than short-term politi- regard for human decency. John Locke once wrote, ‘‘Where the cal gain. I am not confident that is the Truth is the cornerstone of our legal system; law ends, tyranny begins.’’ Mr. Speak- story they will read. it must be upheld if our legal system is to en- er, if we believe in our Constitution, In fact, the one person in this coun- dure. Lacking truth, our legal system means then the law does not stop at 1600 try that probably has the best realistic nothing. No man, not even the President, is Pennsylvania Avenue. assessment of what is really going on is above the truth or above the law. From the In our constitutional democracy, no the young mother of two young chil- very beginning, I have wanted to give the one, not even the President, is above dren who told me, ‘‘Listen, I can edu- President every benefit of the doubt. I have the law. None of us sought the burden cate my own children, I can teach them wanted to believe that he was telling the truth. of impeachment when we ran for this not to lie. But I can’t protect them But it is now clear that he repeatedly lied to office, but every one of us raised our against the destruction of the presi- the American people, to the Congress, to his right hand and swore to support and dency.’’ Only we in this body can do staff, and to his own wife and family. The time defend the Constitution of the United that. I am afraid we are going to fail this investigation has taken, and the toll it has States. Who are we to ignore that obli- her in the next 24 hours. Please, do not destroy the 210 years taken on our country, is a direct result of the gation by turning a blind eye to crimes of history in this country. President's efforts to deny and evade the by the leader of our government? Mr. Speaker, seldom in the course of our truth. He could haveÐand should haveÐtold I have no choice but to honor my nation's history is a congressional representa- the truth from the very beginning but instead oath of office. I have no choice but to tive called upon to cast a vote of greater con- he chose to lie. impeach this President and send this stitutional significance than the possible im- Anyone who has served in a court proceed- matter to the Senate, as my oath of of- peachment of the President of the United ing knows the significance of raising one's fice requires me to do. States. Short of declaring war, there is not hand and taking an oath to tell the truth, the Mr. CONYERS. Mr. Speaker, I yield greater constitutional obligation. It is a respon- whole truth, and nothing but the truth. A viola- two minutes to the gentleman from tion of that oath is perjury. It is now evident sibility I do not take lightly. Wisconsin (Mr. KIND). After a thorough review of the historical evi- that the President has liedÐrepeatedly liedÐ (Mr. KIND asked and was given per- dence of the intent of the framers of our Con- while under oath. The first lie begot the sec- mission to revise and extend his re- ond and the third lie which became a pattern stitution, the standard of impeachable of- marks.) fenses, prior precedents and the evidence so intended to obscure the truth. He has also Mr. KIND. Mr. Speaker, I rise in far collected surrounding the allegations clearly violated the oath of office he took upon strong opposition to these articles of against President Clinton, I have concluded becoming President. impeachment. As a former prosecutor that the President's conduct, as deplorable To maintain the fundamental integrity of our and special prosecutor, if the rule of system of government, the President, like and indefensible as it is, does not rise to the law and this process of impeachment is level of impeachable offenses. Such conduct every other citizen, must be held accountable going to have any credibility, it has to for his actions. His actions, detailed by the Ju- does not justify paralyzing our government in- be applied fairly and consistently. But definitely nor is impeachment needed to hold diciary Committee, provide sufficient evidence I am afraid the double standard against of obstruction of justice and represent an him accountable. I will vote against all four ar- the President today is anything but ticles of impeachment. abuse of power. For this reason, I will vote to fair, anything but consistent. impeach the President on each of the four arti- Just once before in our 210 year history has In 1974, the House Committee on the the House of Representatives passed Articles cles of impeachment when this matter comes Judiciary, when Congress was con- before the full House. of Impeachment. Impeachment is a constitu- trolled by Democrats, drafted articles tional provision that has seldom been used President Clinton is an American President of impeachment against President who has every political gift and who at one and for good reason, impeaching the Presi- Nixon based upon fraudulent tax re- time had every opportunity to be one of the dent is the atomic bomb of American politics. turns. But the Committee on the Judi- truly great presidents. Like most presidents, Besides paralyzing our government during an ciary in a bipartisan fashion deter- he could rightfully take credit for the many impeachment trial, the process causes, by its mined that it did not rise to the level good things that have occurred under his very nature, great acrimony and division of an impeachable offense because it watchÐa robust economy, relative peace at throughout the country and within Congress. was private as opposed to public mis- home and abroad, and so much more. Unfor- Ultimately, the end result could mean over- conduct. tunately, this president will not be remembered turning a national election and the will of the Well, then, what is this all about, if for these things but for his inability to speak people. it is not really about perjury? If it is the truth. The verdict of history will cast a I am convinced, after a thorough review of just about punishing and holding the shadow upon this once promising presidency. history and analysis of our founding fathers' President accountable and retribution, While history remembers that George Wash- intent, that impeachment was never meant to we can do that, short of punishing the ington could not tell a lie, it now appears that be easily or frequently used. That is why our country as well and paralyzing this history may well remember Bill Clinton for his founders established a very high standard of inability to tell the truth. Imagine the difference government for the next six to eight misconduct and placed the judgement of that telling the truth would have made upon the months, we can punish President Clin- misconduct in the forum of representative de- historical legacy of William Jefferson Clinton. ton through censure and through pri- mocracy, the United States Congress, rather Mr. SENSENBRENNER. Mr. Speak- vate prosecution once the President than in the political vacuum of the Supreme er, I yield 11⁄2 minutes to the gentleman leaves office. But we do not even get a Court. from Ohio (Mr. BOEHNER). vote on censure, which is fundamen- STANDARD OF IMPEACHMENT Mr. BOEHNER. Mr. Speaker, every tally unfair. It is evident that our Founding Fathers in- Member of Congress takes an oath of I do not believe the Founders in- tended impeachment to be a limited, last re- office to uphold and defend the Con- tended impeachment to be used as a sort remedy reserved for misconduct that af- stitution, and today we are challenged tool of punishment, but, rather, to pre- fects the structure of our government and our to do our duty under that oath. serve and protect the country against a democratic process or for misconduct so egre- No person in this House is without rogue president, who, through his pub- gious that society needs to be protected fault or without sin, but the question lic duties, is jeopardizing the very against the individual. At the outset, some del- before us is not whether the President structure and functioning of our gov- egates to the Constitutional Convention ob- has sinned. The question before us is ernment. No one can claim that that is jected to including the power to impeach in the whether the President has committed happening here today. Constitution. Others were concerned that illegal acts, including perjury, obstruc- Mr. Speaker, I have two young boys some process was needed to protect the tion of justice and abuse of power. who are not old enough yet to com- country against misconduct by the President Under the Constitution that we swore prehend the gravity of this situation. that would damage our government. The clas- to defend, these are serious crimes, My only hope is when they are old sic example was cited by George Mason who December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11835 was concerned about a President selling state President Nixon had knowingly committed tax ment. They will betray a promise that nothing secrets to an enemy during time of war. Some fraud when filing his federal income tax re- of enormous consequence in the life of our process was needed to remove that person turns for the years 1969 through 1972 (tax re- Republic will happen without the consent and from office in order to save the Republic. turns are filed under penalty of perjury). All approval of the American people. A vote to Some delegates, such as James Madison, seventeen Republicans were joined by nine uphold the confidence of the American people objected to the use of broad impeachment lan- Democrats to defeat this article by a vote of in the democratic process will be a vote guage. Madison noted that impeachment was 26±12. The primary reason for rejection was against impeachment. Such a decision will be only necessary to ``defend the community that the tax fraud article related to the presi- a vote of confidence in the simple but some- against the incapacity, negligence or perfidy of dent's private, rather than public, conduct. times forgotten founding principle of our de- the chief magistrate.'' George Mason objected As a former prosecutor, I know that if the mocracy that this government should be ``of to the draft language, concerned that it was rule of law is to have any credibility it must be the people, by the people and for the people.'' limited to ``treason or bribery.'' He sought to applied consistently and fairly. The same is Without the support of the American public, add the term ``maladministration.'' Madison ob- true with the standards of impeachment. I be- how can we justify placing the country in a jected to this vague language and substituted lieve there is a double standard being applied constitutional quagmire over a tortured defini- ``or other High Crimes and Misdemeanors to President Clinton. How can we justify im- tion of sexual relations, one that even the pre- against the State'' (emphasis added). The nar- peaching President Clinton based on alleged siding judge in the case thought was confus- row scope of the phrase ``other High Crimes perjurious statements about his private life ing? and Misdemeanors'' was confirmed by the ad- when a Democratically controlled Congress How can we justify passing articles of im- dition of the language ``against the State.'' concluded, in a bipartisan fashion, that Presi- peachment which would require a lengthy trial This language reflects the Convention's view dent Nixon's perjured tax returns constituted in the Senate, presided over by the Chief Jus- that only offenses against the political order private, as opposed to public, misconduct, and tice of the Supreme Court, about the sordid should provide a basis for impeachment. Al- were, therefore, not impeachable? details of a consensual affair and whether the though the phrase ``against the State'' was Based on this very high standard of im- President lied about it? deemed redundant and eventually deleted by peachable conduct and the historical prece- How can we justify calling a young woman the Committee of Style, its deletion was not in- dents, I am convinced that President Clinton's to testify before one hundred United States tended to have any substantive impact. I won- personal misconduct and his attempt to lie Senators and the Chief Justice about embar- der how differently we would be debating about having a consensual sexual affair do not rassing and intimate matters that transpired in President Clinton's conduct today if its was rise to the level of impeachable offenses. a consensual relationship? within the written context of misconduct com- FORUM OF DEMOCRACY When you envision what a trial in the Sen- mitted ``against the State.'' II also do not believe our Founding Fathers ate will look likeÐMonica Lewinsky, Linda The interpretation that ``other high Crimes meant for this country's elected representa- Tripp and Lucianna Goldberg all sworn in as and Misdemeanors'' should be limited to seri- tives to disregard the will of the American peo- witnessesÐone has to wonder: What in the ous abuses of official power is further con- ple regarding such an important decision. If world are members of Congress really trying firmed by the commentary of both the framers the Framers intended an impeachment deci- to accomplish? of the Constitution and prominent constitu- sion to be immune from public pressure, they CONCLUSION tional experts, contemporary and past. For in- would have placed the process in the Su- The votes we are about to cast will be stance, Alexander Hamilton wrote in Federalist preme Court where unelected, life-tenured jus- among the most important votes any of us will No. 65 that impeachable offenses ``proceed tices could determine the case. Instead they be asked to make. Our decisions should be from the misconduct of public men, or in other placed the initiation of impeachment in the dictated by our conscience and what each of words from the abuse or violation of some House of Representatives. ``the People's us feel is in the best long-term interest of our public trust.'' He stressed that those offenses House'', so the American people could have a country, rather than for any short-term political ``may with peculiar proprietary be denominated say, through their representatives, on the dis- gain. I pray that we protect the impeachment political, as they relate chiefly to injuries done position of their President and consequences process from being politicized and defined immediately to the society itself''. for the future of their country. downward. Impeachment precedents also demonstrate There are some who say that we should The decisions we make today and through- that offenses should arise out of a President's pay little regard to the opinion of the American out this process will set a precedent for future public, not private conduct. In 1868, Andrew people on this important matter. I believe they Congresses and future Presidents. We must Johnson was impeached by the House Re- do so at their own peril. Nowhere in the Con- guard against making impeachment too easy publicans after he removed Secretary of War stitution does it state that members of Con- or we could disrupt the important balance of Edwin Stanton. Those members disagreed gress are the embodiment of all the wisdom in power that exists between the three separate with President Johnson's post-Civil War recon- this country. I submit that it will be extremely but coequal branches of our government. Just struction plans, which were merely the con- difficult to impeach and convict a President as Watergate has served as a model for our tinuation of President Lincoln's policies of unless there is some consensus throughout current proceedings, this impeachment pro- moderation and leniency toward the Southern the country and bipartisan support in Con- ceeding will serve as a model in the future. States. The impeachment articles related to al- gress to do so. Such a consensus has failed One of the fundamental questions that each leged public misconduct only, and the Senate to materialize. In fact, since the beginning of member of Congress must answer is whether failed to convict President Johnson by one this investigation, public opinion regarding the the President's personal conduct, as deplor- vote. President has not changed. Opinion polls able as it was, justifies paralyzing our govern- The proposed impeachment of President show by a 2 to 1 margin that the American ment for months and potentially damaging our Nixon also supports the view that impeach- people oppose impeachment and think the country in the process. There are many issues ment should be limited to threats that under- President is performing his duties well. in which Congress needs to be engaged. mine the Constitution, not possible criminal How can this be explained? I believe the From Social Security and Medicare reform to misbehavior unrelated to a President's official American people have made the distinction Saddam Hussein in the Persian Gulf and duties. All three articles of impeachment between the President's personal wrongdoing Slobodan Milosevic in Kosovo, from a Russian passed by the House Judiciary Committee in- and his conduct in discharging the duties of economic meltdown to financial crises volved misuse of the President's official duties. his office. Unlike Watergate, when a consen- throughout the globe, how will history record They included using the CIA to obstruct an sus eventually materialized throughout the Congress' performance at this time of great FBI investigation, using the IRS to target politi- country and within Congress regarding Presi- domestic and international challenges? cal opponents, ordering break-ins of private of- dent Nixon's public misconduct, most Ameri- A fair reading of our founders' intent will fices of political opponents, using slush money cans feel that the President's personal con- lead to the conclusion that they placed country to silence witnesses, using slush money to in- duct, however disgusting and inexcusable, above personalities, the preservation of the fluence the outcomes of federal elections, and doesn't threaten our form of government or union above personal retribution. Impeach- engaging in a course of conduct to obstruct the process of our democracy. ment was never meant to be a form of punish- the Watergate investigation. Those who defy the public will and vote for ment; it was intended to preserve and protect The Judiciary Committee actually rejected impeachment should understand that in their our country. articles of impeachment against President fervor to punish this President they will violate There are other means of punishing Bill Nixon relating to allegations of income tax a sacred covenant with the American people: Clinton the person. One option is a censure evasion. There was credible evidence that this government is still the people's govern- resolution from the House and Senate which H11836 CONGRESSIONAL RECORD — HOUSE December 18, 1998 would require the President's signature to ac- Mr. SENSENBRENNER. Mr. Speak- peachment is the only remedy that knowledge the condemnation. Such an alter- er, I yield 15 seconds to the gentleman adequately addresses the President’s il- native form of punishment has bipartisan sup- from Florida (Mr. CANADY) for rebuttal. legal and unethical acts. The Presi- port. Former President Gerald Ford and, most Mr. CANADY of Florida. Mr. Speak- dent’s actions have gravely damaged recently, former Senator Bob Dole have spo- er, I want to make the point again the office of the presidency, our judi- ken in favor of this resolution. They recognize which I made earlier today that in 1974 cial system, and our country. the terrible cost our country will face if a trial the Committee on the Judiciary did This was not an easy decision to goes forward and effectively shuts down the not, did not, determine that tax fraud reach. Impeaching a President cannot government. I would even favor imposing a is a unimpeachable offense. They sim- be taken lightly. But in this case, our fine to compensate the American people for ply determined that there was insuffi- constitutional duty is clear. the costs of the Lewinski investigation. If there cient evidence that the President of Some of my colleagues have come to is to be any fairness in this process, the Re- the United States was in fact guilty of the floor today using inflammatory publican leadership should allow a vote on tax fraud. rhetoric and attacking Members for censure. Many members believe in good con- Mr. SENSENBRENNER. Mr. Speak- voting their conscience. This is unfor- science that a censure is the appropriate re- er, I yield five minutes to the gen- tunate and does not reflect the dignity buke. To deny a vote on censure would be the tleman from Ohio (Mr. CHABOT), a that we owe this debate. It is the Presi- height of partisan politics. member of the Committee on the Judi- dent, by breaking his oath to preserve, Furthermore, the President can still be in- ciary. protect and defend the Constitution of dicted and prosecuted as a private citizen (Mr. CHABOT asked and was given the United States, who has violated the once he leaves office in two years. The Presi- permission to revise and extend his re- trust bestowed upon him by the Amer- dent Has already indicated that he will neither marks). ican people. Mr. CHABOT. Mr. Speaker, every pardon himself nor accept a pardon from any As to those who mistakenly claim Member of the House now recognizes future President. As a former prosecutor, I that this body is seeking to overturn would hope that if there is enough evidence of what members of the Committee on the an election or we are involved in a coup criminal wrongdoing by the President to prove Judiciary have come to realize over the d’etat, let me remind my friends on the a case beyond a reasonable doubt before an last few months: This is likely the other side of the aisle that it is the unbiased jury, a prosecutor would have the most important vote that we as Mem- Democratic Vice President, Al Gore, courage to indict and prosecute him in a court bers of Congress will ever cast. It also who would become President if the of law. The President can and should be treat- comes at an especially difficult time, a Senate decides to remove President ed like any other individual, neither above nor time when our Nation’s brave sons and below the law, and the Constitution ensures daughters are actively defending our Clinton because of his crimes and re- that will happen. Nation’s freedom overseas. move him from office. We don't need to invoke the atomic bomb of I share many of my colleagues’ con- I ask every Member of the House to impeachment to hold President Clinton ac- cerns about this unfortunate timing. consider the question I posed to my countable for any misconduct. We can spare But, just as we have a responsibility to colleagues on the Committee on the the nation of the ordeal while still delivering our troops, we now have a responsibil- Judiciary last week: What message are the message to all our children that no matter ity to keep our word to the American we sending to the youth of America if who you are, whether a second grader at people and put this matter behind the we abdicate our constitutional duty Roosevelt Elementary school or the President country as soon as possible. and condone perjury, obstruction of of the United States, there will be con- Throughout the Committee on the justice and abuse of power by the sequences to lying. Judiciary’s consideration of this very President of the United States? What we do today will serve as a lesson for serious matter, I worked to uphold my I have two children at home, a future generations. I hope it is the right lesson. constitutional duty to fairly and thor- daughter and a son. With the help of Churchill once said: ``We must learn the les- oughly investigate the charges brought their teachers and their church, my sons of the past. But we must not remember against the President. Throughout the wife and I have tried to teach them today the hatreds of yesterday.'' It is time to proceedings, I tried to keep an open about honesty and integrity. We have begin the process of reconciliation in American mind, giving the President every op- tried to instill in them a belief that politics and find ways to restore civility and portunity to refute the evidence. But character does indeed matter. We have mutual respect to the democratic process. For the President made a calculated deci- taught them to obey the law. too long now, the national political scene has sion to avoid the facts. Instead, he pre- Sadly, they have seen these prin- been dominated by the politics of personal de- sented witnesses that could offer little ciples corrupted by the chief law en- struction and partisan bickering. That too is re- more than excuses, insults and histori- forcement officer of this land, the flected in this impeachment process and it cal perspectives tainted by partisan President of the United States. Wil- confirms Alexander Hamilton's worst fear politics. liam Jefferson Clinton has disgraced when he wrote in Federalist No. 65: ``In many The President’s attorneys did not his sacred office, he has cheapened the cases it will connect itself with the preexisting fare much better. They, too, decided to oath, he has disillusioned an entire factions, and will enlist all their animosities, hide from the truth, consistently ad- generation of young Americans, and he partialities, influence and interest on one side hering to the company line. ‘‘The refuses to accept responsibility for his or on the other; and in such cases there will President did not really lie under actions. always be the greatest danger that the deci- oath,’’ they testified. ‘‘It depends on Abraham Lincoln, perhaps our Na- sion will be regulated more by the comparative how one defines the word ‘alone.’ ’’ tion’s greatest President, once said, strength of the parties than by the real dem- The President was not paying atten- ‘‘Let us have faith that right makes onstrations of innocence or guilt.'' tion when his attorney offered false might, and, in that faith, let us dare to As we move forward with this vote, let us all evidence to the court. The President do our duty as we understand it.’’ hope that our decisions will be made in good has continued to rely on these absurd Today, we must fulfill our constitu- conscience for the sake of our country rather explanations and linguistic contortions tional duty and vote to impeach the than for short-term political gain. My decision for one reason and one reason alone; he President. is based as so many of my decisions are, cannot dispute the facts. b 1615 through the eyes of my two young sons, who The evidence against President Clin- are not old enough to appreciate the gravity of ton is conclusive: The President lied Mr. CONYERS. Mr. Speaker, I yield 3 the situation. Like so many other Members, under oath before a Federal grand jury. minutes to the gentlewoman from Cali- we all have to justify our decisions to our chil- He lied under oath in a sexual harass- fornia (Ms. WOOLSEY), and I would ask dren and grandchildren. We can teach our ment case. He obstructed justice, and her to yield to me. children not to lie. But we must protect them he abused his constitutional authority. Ms. WOOLSEY. Mr. Speaker, I yield from the destruction of the Presidency. My Standing alone, each individual offense to the gentleman from Michigan. hope is that years from now, when they are is extremely serious. Collectively, they Mr. CONYERS. Mr. Speaker, I thank reading about this in their history books, they are overwhelming. the gentlewoman for yielding. will be proud of our conduct and they will con- After months of painstaking review, Could I point out to my friend, the clude: ``They got it right.'' it has become apparent to me that im- gentleman from Florida (Mr. CANADY), December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11837 who took exception to why the income Mr. CONYERS. Mr. Speaker, that is contempt for the truth. This will be tax charge was not brought against Mr. absolutely correct, and it does not con- the timeless legacy of this Congress. Nixon in 1974, if he would read our re- tradict what I corrected the gentleman Mr. CONYERS. Mr. Speaker, I yield port of the minority at page 10, he about. such time as he may consume to the would learn that it was not for lack of Mr. CANADY of Florida. Mr. Speak- gentleman from Virginia (Mr. SISISKY). evidence, it was because we determined er, I thank the gentleman very much. (Mr. SISISKY asked and was given that this was not a high crime or mis- Mr. SENSENBRENNER. Mr. Speak- permission to revise and extend his re- demeanor. And we were joined by Re- er, I yield 2 minutes and 15 seconds to marks.) publican Lawrence Hogan, Maryland, the gentleman from New York (Mr. Mr. SISISKY. Mr. Speaker, I am op- Wiley Mayne, Republican—Iowa, and LAZIO). posed to impeachment, and I am for others. Mr. LAZIO of New York. Mr. Speak- censure. Ms. WOOLSEY. Mr. Speaker, this er, I think that nearly all that could be Mr. Speaker, I rise today to express my past Sunday, while attending church in said has been. Across party lines we strong opposition to this resolution. my hometown of Petaluma, California, stand shoulder to shoulder with the I can tell you that this was not an easy deci- I was struck by how utterly sad I am. principles and the values that brought sion, in fact, it was one of the most difficult de- Sad about the President’s behavior, sad us here. cisions I have ever made. about the Committee on the Judi- This should be neither personal nor a I believe the President's conduct was ciary’s unfair decision to not allow partisan decision. Its difficulty lies in wrong. censure as an alternative, and the im- the rare, but important, conflict be- Absolutely wrong! pact all of this will have on our Nation. tween what is expedient and short term However, after having watched the Judiciary Today, my heart is even heavier, be- and what resonates as a guiding prin- Committee hearings carefully, I remain uncon- cause we are conducting this debate ciple for all time. It is not about the vinced that the President's conduct, however while our troops are in harm’s way. My fate of one man, but the value of truth deplorable, rises to the level of impeachable heart aches for the division separating itself, the principle that no man, no offenses as intended by the Framers of the us in this House, the distraction from matter how rich or how powerful, is Constitution. the work of government that we were above the law. It is about the notion of I have concluded that the President did not elected to do, the threat of this unfair accountability. It is about the values commit high crimes and misdemeanors process on our democratic system, and of duty, honor, trust and sacrifice. against the integrity of the state. I am heartsick about the shame and When I was a Suffolk County pros- Rather, the President committed low crimes waste of this impeachment process. ecutor, my entire duty was based on against the integrity of his marriage. Shamed because the President’s con- the integrity and the conduct of the Reprehensible? duct, while reprehensible, does not fit men and women who took an oath to Yes. the definition under the Constitution. tell the truth. In many cases, it was But, not impeachable. Waste, because while we carry on, we difficult for these people to testify hon- The Constitution dictates that impeachment are not working for the important estly, sometimes even disastrous. But be used to remove a President only when business of our Nation, and we ignore when they were sworn in, they under- there is clear and convincing evidence of our young men and women fighting stood that this was different, that here wrongdoing, and it must be related to large- abroad. the truth was required; that upon their scale abuses of public office. With these thoughts in mind and respect for their oath would ride many It is clear that such a standard has not been these feelings, I would like to share things, including justice, our govern- met in this case. with my colleagues the prayer that I ment of laws, equality of one citizen Today, we stand at the edge of a dangerous prayed Sunday in my church: Please, with another, and not the least their precipice. Lord, give wisdom, strength, and com- own honor. The votes we cast today will decide whether passion to every Member of the House These were ordinary people, Mr. we send this great country over the edge, so that we do not turn against our Speaker. They understood. In many tumbling out of control, threatening our econ- country and our need to punish one cases, they sacrificed. In many cases, omy as well as the very system of government man. Please help every Member of this they suffered. But they told the truth. we hold dear. House see that the real mistake would If an anonymous citizen can abide by I am extremely concerned about the con- be to push forward without the alter- his oath, what about a President? sequences for our country if we vote to im- native of censure to punish our Nation When a President fails in his duty as peach the President and the Senate under- for one man’s personal weakness. And an ordinary citizen does not, the fail- takes a long impeachment trial. please, help us to remember the dif- ure is catastrophic. Should less be ex- I believe it will do untold damage to our ference between partisan politics and pected of the President than of you or country. leadership. So that we will not make a me? An impeachment trial will divide this Nation decision against the people of this Here, the trustee of the greatest of deeply, so much so that we may not be able country, we will make a decision for world powers knows that he will be in to heal the divide for a long time after the trial Americans based on fairness, based on a sworn legal proceeding, consults with concludes. forgiveness, not against one person, advisers and lawyers for many months, However, I am most concerned that a trial our President. Dear Lord, help us, has full notice, appears voluntarily be- through compromise and conscience, will threaten America's position in the context fore a criminal grand jury, and can heal our Nation. Amen. of international relations and national security. Mr. SENSENBRENNER. Mr. Speak- stop questions at any time, and still Given the many volatile political situations er, I yield 15 seconds to the gentleman cannot bring himself to do what the that exist across the globe, we can ill afford to government he heads insists upon from Florida (Mr. CANADY) for rebuttal. be distracted by a lengthy and divisive im- Mr. CANADY of Florida. Mr. Speak- every day from the people who take an peachment trial. er, I thank the gentleman for yielding. oath: Tell the truth. While I believe the President should be held I would yield to the gentleman from With this vote we will help set a accountable for his actions, I believe censure Michigan for a question. standard of acceptable presidential be- is the appropriate response. Is it not true, I ask of the gentleman havior. Will we judge presidential per- I am saddened that the Republican leader- from Michigan (Mr. CONYERS), as a jury to be acceptable? Is it asking too ship denied this body the opportunity to vote member of the Committee on the Judi- much of the President that when he on censure. ciary in 1974, that the gentleman voted takes an oath he tell the truth? With This country was built on the principles of in favor of the tax fraud article against our votes we will send a compelling democracy and fairness. President Nixon? message one way or the other to the I regret that the majority in Congress choos- Mr. CONYERS. Yes, Mr. Speaker, ab- children in classrooms across this es to ignore those principles and to dismiss solutely true. country who are watching their democ- the intent of our Nation's Founding Fathers. Mr. CANADY of Florida. Mr. Speak- racy at work. We are going to teach I beseech my colleagues to put aside par- er, so the gentleman believes that tax them through our words and through tisanship and personalities, and to consider fraud was an impeachable offense? our deeds either to respect or to have the gravity of the actions we take today. H11838 CONGRESSIONAL RECORD — HOUSE December 18, 1998 Mr. CONYERS. Mr. Speaker, I yield Mr. CONYERS. Mr. Speaker, I am de- Mr. Speaker, I would remind all of such time as he may consume to the lighted to yield 21⁄2 minutes to the gen- my colleagues who are listening to this gentleman from Virginia (Mr. PICK- tleman from Ohio (Mr. SAWYER). debate that references to the word ‘‘en- ETT). (Mr. SAWYER asked and was given trapment’’ are rather misplaced. There (Mr. PICKETT asked and was given permission to revise and extend his re- is no such thing as entrapment for per- permission to revise and extend his re- marks.) jury or obstruction. It is a legal impos- marks.) Mr. SAWYER. Mr. Speaker, our chal- sibility that is well-settled law in Fed- Mr. PICKETT. Mr. Speaker, I rise in lenge today is one of fairness and wis- eral courts and state courts as well, opposition to the articles of impeach- dom. A century ago, Justice Holmes and it in fact is the learned testimony ment. advised the graduating class of the of several witnesses that appeared be- Mr. Speaker, it has taken me a while to di- Harvard Law School that the greatest fore the Committee on the Judiciary. gest the myriad and voluminous data relevant service that one can do in a democracy Mr. SENSENBRENNER. Mr. Speak- to the impeachment proceedings involving is to see the future as far as one may, er, I yield such time as he may con- President Clinton, and even longer to arrive at to feel the force behind the details of sume to the gentleman from Nebraska a decision with which I feel at ease. that future, and then to make clear (Mr. BEREUTER). (Mr. BEREUTER asked and was When I started in this process, I wrote con- and sound and compact decisions to given permission to revise and extend stituents: ``This (impeachment) is a grave and make them first-rate, and to let the re- his remarks.) daunting issue that has the potential to do sults speak for themselves. He was Mr. BEREUTER. Mr. Speaker, I rise great harm to our system of government if not counseling them and us to be wise and far-seeing, and to understand the con- in support of articles 1, 2, and 3. prudently and correctly managed. Every as- Mr. Speaker, this Member approaches these pect of the process must adhere scrupulously sequences of our actions. Perhaps no figure in our tradition of proceedings of the House with sadness for to constitutional requirements and meet estab- English law and history so well por- what has befallen our country and solemnly, lished principles of fairness, due process and trays an impeachment on the charge of but with a firm conviction that we must dis- substantial justice. I intend to carefully and perjury as Sir Thomas More. The au- charge our responsibilities under Article I, Sec- conscientiously review and weigh all facts rel- thor of A Man for All Seasons wrote tion 2, Clause 5 of the U.S. Constitution by evant to the charges before arriving at a final that he was asked to testify in a form considering articles of impeachment against decision, and assure you of my commitment to that required him to state that he be- the President of the United States of America. bring this matter to a conclusion as expedi- lieved what he did not believe and it re- This Member intends and will act in a manner tiously as possible.'' I have not deviated from quired him to state it under oath. required by and consistent with his oath of of- these principles. Oliver Cromwell, accusing More of fice to preserve, protect, and defend the Con- Beginning for historical reference with the accepting a small gift in return for a stitution of the United States. Federalist Papers, and their antecedents, and favor said, ‘‘He is going to be a slippery Many people and leaders from other coun- continuing through the Nixon proceedings to fish. We need a net with a finer mesh. tries have spoken on the matter before us the events of 1998, I have studiously and me- We will weave him one. It must be done today in a manner which reveals that they ticulously studied the facts and determined by the law. It is just a matter of find- probably do not understand the absolutely what I believe to be the law applicable to an ing the right law. Or making one.’’ central role the Constitution and the constitu- impeachment proceeding under the U.S. Con- Cromwell, in words too familiar to us tional processes play in the governance of our stitution. There are many paths and side roads today, in seeking to entrap him, ac- country and their role in maintaining the very along the way, both factually and legally, that cused More of ‘‘perverting the law, of fabric of the American society. Indeed, even honest and inquiring minds might follow to dif- making smokey what should be clear some of our citizens may not have focused on ferent conclusions which for me has made the light to discover his own wrongdoing.’’ that central role. Drawn from every corner of final decision of whether to support or oppose More replied, ‘‘The law is not a light the globe, with a total diversity of creeds, eth- an impeachment a close call. With the con- for you or any man to see by, it is not nicity, race, and heritage, America is the an- tending alternatives so relatively balanced in an instrument of any kind; the law is a tithesis of a nation state. More than any other my mind, prudence dictated that I err on the causeway upon which a citizen may country on earth, we Americans are bound to- side of historically established constitutional walk safely.’’ gether and can function as a nation only be- principles and support the institutional stability But that was not to be the way of the cause of our shared ideals and ideas of gov- of our Government that is built upon the bed- court, and in his closing, More may ernance as embodied in the Constitution and rock of predictable and consistent actions have prefigured Holmes when he said, the Declaration of Independence. That is why taken with the support of our people. ‘‘What you have hunted me for is not upholding and defending the Constitution, Aside from my bias for ``law and order,'' it my actions, but for the thoughts of my even with the controversies, inconveniences, deeply disturbs me that the House of Rep- heart. It is a long road you have and possible effects on the nation's economic resentatives has allowed a flawed process in opened. God help the people whose affairs, our foreign responsibilities, and our do- its impeachment proceedings that fails to meet statesmen walk your road.’’ mestic affairs and tranquility, must come be- the principles I noted at the outset of this It matters little whether the motive fore all other considerations. statement for ``fairness, due process and sub- was base or high. An entrapment is an Mr. Speaker, I deeply regret the partisan stantial justice.'' The events of the last few entrapment. It is a road that More fervor that has marked the proceedings of the days have especially convinced me that all knew was contrived and unfair, and it impeachment inquiry and this debate. As an pretense toward fairness, due process and is a road that Holmes knew was un- elected Representative from what is by prac- substantial justice has now been abandoned wise. tice and nature undoubtedly the most non- and this whole matter is set to be resolved on Future historians will judge this partisan state in our nation and having served the basis of partisan political alignment. No Congress largely on this vote. Let us previously in my state's unique state legisla- one has suggested to me, let alone attempted not go down in history as a deeply di- ture, which surely functioned in an almost to- to convince me, that this is right or good for vided, vindictive Congress, but as a tally nonpartisan fashion, this Member once our country as a whole. body that took an action that brought again finds it particularly difficult to fathom or While my natural inclination to rely upon law the country together and resolved this justify the highly partisan course that this proc- and fact has led me in the direction of oppos- unhappy matter. ess of impeachment of the President has ing impeachment, the failure of the House in It is a long road we open today. If we taken. It does not serve this nation well nor re- its proceedings to follow established principles take it, it will change our lives and flect well on this institution. of fairness, due process and substantial jus- those of our children in lasting ways. None of my Republican colleagues should tice has for me removed any doubt and con- God help the people whose statesmen be reaching a decision to impeach the Presi- vincingly tipped the scales in favor of opposing walk your road. dent for partisan reason. Indeed, there are impeachment. Mr. SENSENBRENNER. Mr. Speak- very substantial reasons why progressing with For my conscience, for my country, and to er, I yield 30 seconds to the gentleman these impeachment proceedings is not in the support the institutional underpinnings of our from Georgia (Mr. BARR) for rebuttal. best interest of our party. None of us should constitutional democracy, I will vote against Mr. BARR of Georgia. Mr. Speaker, I misunderstand that point and neither should impeachment. appreciate the gentleman yielding. the American people believe that we do not December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11839 understand those immediate and long-term it soiled the reputation of the White House his constitutional duty to take care that the political consequences. Nevertheless, we must which Most American's revere as a symbol of laws be faithfully executed, has prevented, ob- pursue these impeachment proceedings and our nation; and that it damaged abroad the structed, and impeded the administration of make our individual decisions as Representa- reputation of our country. As totally unaccept- justice, and has to that end engaged person- tives in order to discharge our constitutional able as that conduct is, most Members of ally, and through his subordinates and agents, responsibilities. Congress and most of the American people in a course of conduct or scheme designed to Mr. Speaker, we ought to feel a particular understand that sexual misconduct does not delay, impede, cover up, and conceal the ex- sympathy for our Democrat colleagues, for justify impeachment. istence of evidence and testimony related to a their natural instinct almost certainly is to de- Mr. Speaker, of course, what is at issue Federal civil rights action brought against him fend a President of their own party. They here today is whether the President's actions in a duly instituted judicial proceeding.'' By must, and undoubtedly do, struggle to over- or conduct constitute ``high crimes and mis- these actions, this Member concludes, that the come those instincts in order to conscien- demeanors'' which would justify impeachment. President, in the words of Article III, ``acted in tiously perform their constitutional responsibil- The material in the referral from the Independ- a manner subversive of the rule of law and ities as demanded by our oath of office. How- ent Counsel and the investigative proceedings justice to the manifest injury of the people of ever, if the impeachment inquiry has been, of the House Judiciary Committee made it the United States,'' despite his oath of office to and this debate is, extremely partisan, if the abundantly clear to most reasonable persons take care that the laws be faithfully executed. partisan lines are very sharply drawn, it is not that the President lied under oath to a Federal Mr. Speaker, for these reasons this Member one side which is to blame. Surely many of grand jury. In the words of Impeachment Arti- feels compelled, in voting to discharge our our Democrat colleagues by their actions and cle I before us, he ``willfully provided perjuri- constitutional responsibilities in these im- the votes which they will cast bear at least half ous, false, and misleading testimony to the peachment proceedings, to vote in favor of Im- of the burden for this unseemly and inappro- grand jury'' on several important matters. The peachment Article I, Impeachment Article II, priate partisan divide. To maintain the trust of President's perjurious statements thus means and Impeachment Article III, while concluding the American citizenry and to responsibly dis- that his sexual discretions are no mere private that the case for impeachment under Article IV charge our constitutional duties we need to manner. regarding the President's responses to certain rise above such partisan considerations. In- Similarly, it should be clear to most reason- written requests from the House Judiciary deed, that is especially true in a matter of this able persons that the President in sworn an- Committee is not sufficiently convincing to great import and precedent. swers to written questions asked as part of a warrant a vote for Article IV. Mr. Speaker, in concluding these introduc- Federal civil rights actions brought against Mr. SENSENBRENNER. Mr. Speak- tory remarks before directly addressing the ar- him, as stated in Impeachment Article II, ``will- er, I yield such time as he may con- ticles of impeachment before us, this Member fully provided perjurious, false and misleading sume to the gentleman from Texas (Mr. wants his constituents to know that he re- testimony in response to questions deemed BARTON). (Mr. BARTON of Texas asked and ceived absolutely no pressure from party lead- relevant by a Federal judge concerning con- was given permission to revise and ex- ers in the House or elsewhere in deciding how duct and proposed conduct with a subordinant employee.'' Accordingly, his testimony can be tend his remarks.) to vote on the articles of impeachment before Mr. BARTON of Texas. Mr. Speaker, seen as a possibly important factor in denying us. Nor did this Member receive inappropriate I rise in support of all 4 articles of im- that citizen, Paula Jones, her legal rights as a pressure from any quarter. Rather this Mem- peachment. citizen. ber has been able to conscientiously address I will stand by my oath of office to uphold More importantly, however, for the purposes the decisions before us on impeachment. Fur- this nation's laws and vote to impeach Presi- of both of these articles of impeachment, one thermore, this Member has attempted to avail dent Clinton on the charges of perjury. himself of the views of numerous distinguished must consider that the President is in effect The evidence presented has demonstrated Americans and especially of the arguments, the chief law enforcement official in our nation, that President Clinton knowingly, willfully and views, and sentiments of the constituents he charged by his oath of office to take care that repeatedly lied not only to a federal judge and represents in Nebraska. the laws be faithfully executed. By his perjuri- grand jury, but directly to the American peo- Obviously this has become a very decisive ous statements the President, as charged by ple. This act of perjury is a criminal and im- issue in America, made even more so, no Impeachment Article I, ``impeded the adminis- peachable offense and directly violates the doubt, by the strong, conflicting views about tration of justice'' and ``acted in a manner sub- oath taken by the President to serve the coun- the President's performance and conduct and versive of the rule of law and justice, to the try within the legal boundaries set forth by the by the timing of intervening events related manifest injury of the people of the United Constitution. Just as troublesome is the Presi- both to the impending end to the 105th Con- States.'' The same language and relevance is dent's involvement in influencing other wit- gress and to the armed conflict with Iraq which found in Impeachment Article II. No one in this nesses to provide false testimony in the Paula began less than two days ago. Nevertheless, country is more important than the law or Jones case and his attempts to refer to these it is important to say, this Member believes, above the law, not even, indeed certainly not, known falsities as the truth, the whole truth that polls and the size, changes, and mixture the President of the United States. If the and nothing but the truth. in the tides of public sentiment should have no President can lie under oath it does, by exam- Upon entering the office of President of the effect upon whether this Member and the ple, great damage to the very basic element in United States, William Jefferson Clinton took House faithfully discharge their constitutional the foundation of the American justice system. the following oath: ``I do solemnly swear that responsibilities related to impeachment or any In light of these conclusions of the House Ju- I will faithfully execute the Office of President other matter. diciary Committee, my own reasoning and un- of the United States, and will to the best of my Mr. Speaker, as for the specific matter be- derstanding of the facts, and as the elected Ability, preserve, protect and defend the Con- fore us in these proceedings, much emphasis Representative of my constituents, I believe stitution of the United States.'' in the public discussion of the President's ac- the President's perjurious statements do meet Now, I ask these questions: Do actions such tions has emphasized that impeachment is in- the standards of misconductÐdo meet the test as lying under oath and to the American peo- appropriate, for it is argued that this is really of being a ``high crime and misdemeanor''Ð ple, as well as suborning perjury from other only about sex and that as such it either is which require a vote to impeach the President witnesses help to faithfully execute the Office strictly a private matter or does not rise to the under each of these two articles. of President of the United States? Do these level of misconduct which would justify im- Mr. Speaker, a review of the facts and testi- actions represent the best of Mr. Clinton's peachment. Mr. Speaker, the matter before us mony related to the matter of the President's abilities to preserve, protect and defend the is emphatically not just about sex and no per- conduct and actions now before us, in part as Constitution of the United States? I believe son should be confused about that point. provided in the findings for Impeachment Arti- that it is painfully obvious that not only do Certainly, the President has appropriately cle III, have convinced this Member that in these actions not help the President fulfill his been condemned by perhaps all of my col- order to conceal the perjurious nature of his duty and faithfully execute his office, but they leagues on both sides of the aisle and by sworn statement in a Federal civil rights case, directly lead to a failure to uphold this solemn most Americans for his sexual conduct in the the President, in the words of Impeachment oath and a direct betrayal of the American White House and his intentional deception of Article III, ``in violation of his constitutional oath people. the American public. Most would agree that it faithfully to execute the office of President of Title 18 of the U.S. Code designates perjury was reprehensibly exploitative, reckless, and the United States and, to the best of his abil- as the act of anyone who, while under oath, morally and ethically inappropriate; that it dis- ity, preserve, protect, and defend the Constitu- ``knowingly makes any false material declara- credited the President and the presidency; that tion of the United States, and in violation of tion or makes uses of any other information H11840 CONGRESSIONAL RECORD — HOUSE December 18, 1998 (known) to contain any false declaration.'' Per- Short of declaring war, there is not more partisanshipness, and elected officials jury is punishable by a monetary fine and up solemn duty of this House than to fairly and should not be removed from office just to five years in federal prison, and perjury cer- thoughtfully consider a judgment on impeach- because they won an election or won tainly rises to the level of high crimes and mis- ment when the President stands accused of reelection. Without an alternative to demeanors necessary for a charge of im- violations of law and his oath of office. We vote on, a censure resolution, this peachment. must remember that it was this President's whole process is unfair. After reviewing the over 60,000 pages of own actions that have brought us to this point One of our Founding Fathers, George evidence submitted to the House Judiciary today. Mason said, the phrase ‘‘high crimes Committee by Judge Starr, I find it obvious We must vote on whether or not President and misdemeanors’’ refers to ‘‘Presi- that there is indisputable evidence that the Clinton committed impeachable offenses in his dential actions that are great and dan- President lied under oath, aided and allowed conduct. After careful review of the Judiciary gerous offenses, or attempts to subvert others to lie under oath and obstructed justice. Committee's work, I am convinced the Presi- the Constitution.’’ Alexander Hamil- There is no doubt that these instances oc- dent's conduct warrant's impeachment by this ton, who you will not hear me quoting curred, there is no doubt that these instances House. Lying, perjury and obstruction of jus- very often, said, ‘‘Injuries done imme- are illegal and there is no doubt that they un- tice are serious business and this House has diately to society itself.’’ An impeach- dermine the integrity of the Constitution and a duty to say so. I refuse to submit to a ment should only be undertaken for se- the office of the Presidency. ``dumbing down'' of our principles and the rious abuse of official power. The im- Even as the highest-ranking official in the standards of conduct for a President of the peachment process should never be country, President Clinton is not above the United States, just because the specifics of used as a legislative vote of no con- law. I am proud of the House for honoring the this care are embarrassing and distasteful. fidence on the President’s conduct or Constitution and taking such a courageous Perjury and obstruction of justice in a legal policies. stand in its vote for impeachment. I have no proceeding are always wrongÐthere's no Not only our Founding Fathers, but, doubt that the Senate will responsibly take on room for situational ethics when it comes to Mr. Speaker, I have a Christmas card this matter and I trust that justice will be respect for the rule of law by the Nation's that I received in my family from a served. Commander in Chief. We squirm about this Mr. SENSENBRENNER. Mr. Speak- constituent that says, ‘‘I just want you entire matter because it began with a case of er, I yield 30 seconds to the gentleman to know that my prayers have been sexual misconduct. But what began there has with you and your colleagues and also from Florida (Mr. GOSS). (Mr. GOSS asked and was given per- grown into much more, a case involving very the President at this awful time in his- mission to revise and extend his re- serious breaches of law. I take this position tory. I am praying that God will bring marks.) having lived through a case many years agoÐ an end to this soon.’’ Mr. GOSS. Mr. Speaker, we are all a case in which a county commissioner went The American people have recognized public servants here today representing to jail for a single count of perjury in conjunc- this, not only our Founding Fathers, our constituents and doing our duty. tion with a sex scandalÐa scandal that did not but in all of the polls that we have My beginning in public service out- even involve him, but about which he lied in seen. And around the country, Mr. side the bounds of my immediate order to protect a friend. Such lies were wrong Speaker, the newspaper articles, the hometown began when I was appointed then and they are wrong in this case today. Lexington Herald Leader: to a vacant county commission seat. The conundrum that many people see in It would mean, quite simply, the Presi- The seat was vacant because a good this matter comes from wishing to rebuke the dent, duly elected and reelected by a major- commissioner committed a single act President for his behavior but being hesitant ity of voters, can be drummed out of office of perjury, lying to a grand jury about about using the ultimate sanction of impeach- by the vehement hatred of his political and a sexual escapade, to protect a recently ment to do so. But censure is not an option for personal enemies. married friend. He lost his job, his rep- this HouseÐand even if it were, in my view it The Owensboro, Kentucky Mes- utation, his paycheck, his pension, his would not be enough of a sanction. History senger-Inquirer: rights, and his freedom. He went to shows that censure can be fleeting since it Voting for impeachment when the wrong- jail. can be reversed by a succeeding CongressÐ doing is personal rather than a crime against The judge noted that those in public after all, Andrew Jackson was censured and the country would weaken the office much service have a higher standard of be- then had his record expunged and now his more than anything Bill Clinton has ever havior and that telling the truth is face adorns each and every American $20 bill done so far. fundamental to public service in our in tribute to his memory. Clearly, censure was free land. The sentence was considered not a permanent statement of rebuke in that b 1630 just in my district. I will support the case. The message this House sends today Also the Billings Gazette, and I can articles of impeachment. must be unmistakable and enduring. The go on and on, Mr. Speaker. I ask a no Mr. Speaker, sadly, some of our colleagues President has stepped over the line and we vote on all articles of impeachment. on the other side are, in the interest of avoid- must uphold our responsibility to call him on it. ing the issues at hand, seeking to deflect this Mr. CONYERS. Mr. Speaker, I yield 2 Mr. SENSENBRENNER. Mr. Speak- debate. Let me be clear: the work of this minutes to the gentleman from Texas er, I yield 30 seconds to the gentleman house in fulfilling our constitutional obligation (Mr. GREEN). from Tennessee (Mr. BRYANT) for rebut- regarding the impeachment inquiry in no way (Mr. GREEN asked and was given tal. detracts from or diminshes our absolute sup- permission to revise and extend his re- Mr. BRYANT. Mr. Speaker, let me port for the men and women of our Armed marks.) respond briefly that the Constitution Forces doing their jobs in the Persian Gulf. Mr. GREEN. Mr. Speaker, I thank itself talks about impeachment as well Those of us whose responsibilities in Con- my colleague from Michigan for allow- as election. The two processes are com- gress involve oversight in the national security ing me 2 minutes, but being from patible, according to our forefathers, arena continue to keep our eyes carefully on Texas, to just exchange greetings in 2 since they completely understood that the ball of the mission in Iraq. minutes will take plenty of time. you had first to be elected in order to The truth is that every one of us here today Mr. Speaker, overturning an election be subjected to the impeachment pro- would rather not be debating articles of im- in a democracy should not be taken ceedings. peachment against this President. The Amer- lightly. Our country’s history in presi- As to the polls and newspapers ican people would rather not be faced with this dential impeachment inquiries is lim- around the country, more than 100 scenario. It is an exceedingly unpleasant set ited, due to the seriousness of over- major newspapers have called on the of events. I am most grateful for the signifi- turning an election. This current proc- President to resign. If this President cant, extremely thoughtful input I have re- ess smacks of partisanshipness and just would put the country in front of him- ceived from hundreds of southwest Floridians unfairness. self for one time and follow the advice who come down on both sides of this debate. The presidential personal conduct of the same or many of the same news- The fact that so many people have taken the cannot be defended and I am not going papers to resign, and the polls show a time to call and write demonstrates the seri- to do so. My concern is I am dis- majority of the Americans would like ousness with which the country approaches appointed in his personal conduct, but to see the President resign, I think we this debate and vote. this process has been based on would all be better suited. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11841 Mr. SENSENBRENNER. Mr. Speak- Impeaching the President is an awesome from Forster’s office while his body was still er, I yield such time as he may con- responsibility, and one that I do not take light- warm and putting them in your bedroom and sume to the gentleman from Georgia ly. After careful review of the Independent ‘‘not noticing them’’ for two years. It’s about illegal political contributions. (Mr. CHAMBLISS). Counsel's Report to Congress, and in accord- It’s about you and Al Gore soliciting con- (Mr. CHAMBLISS asked and was ance with the findings of the Committee on the tributions and selling influence at Buddhist given permission to revise and extend Judiciary, I will support all four articles of im- temples and in the same Oval Office where his remarks.) peachment that are before us. The evidence Abraham Lincoln and Frank Roosevelt led Mr. CHAMBLISS. Mr. Speaker, I rise of perjury, obstruction of justice and the abuse their countries through the dark days of in support of the articles of impeach- of power is clear and convincing. wars that threatened the very existence of ment. We owe it to each and every American, es- our nation. But we excused you and looked Mr. Speaker, I rise today in support of the away. pecially those who have fought and died for It’s about hiding evidence from Ken Starr, resolution to impeach William Jefferson Clin- our freedoms, to restore the integrity of Office ton, the President of the United States for pro- refusing to testify, filing legal motions, of the Presidency. If we do not take this ac- coaching witnesses, obstructing justice and viding perjurious, false, and misleading testi- tion, our democracy will become hollow and delaying Judge Starr’s inquiry for months mony to a Federal grand jury and in a Federal the rule of law meaningless. and years, and then complaining that it has civil rights action, for obstructing justice, and Some have suggested that we should with- gone on too long. The polls agreed. Thank for abusing the Office of the Presidency by hold action until Operation Desert Fox is com- goodness that Judge Starr didn’t read the providing false and misleading statements to pleted in Iraq for the sake of our men and polls, play politics or excuse you and look the Congress as the House of Representa- away. He held on to the evidence like a tena- women in uniform. Our military is doing its job cious bulldog. tives attempted to conduct a fair and thorough of protecting our Democracy, and therefore we investigation of the President's actions. With Your supporters say that you’ve confessed must also do our job to uphold the integrity of the exception of voting to commit the nation to your wrongdoings and asked for our forgive- the Constitution and the foundation of our De- ness. Listen, what you said on TV the night war, this is the most solemn and serious ac- mocracy. That means a vote for impeachment. you testified to the grand jury was not a con- tion which Members of the Congress must I cannot articulate the pain and sorrow that fession. Confession in the face of overwhelm- take. this President has subjected the Nation any ing evidence is not a confession at all. Not This action is not taken lightly. The rule of that it would make a lot of difference. A law and respect for the sanctity of our judicial better then two of my constituents. I have an murderer who contritely confesses his crime system are two of the foundations upon which open letter to the President from retired Army is still a murderer. When your ‘‘confession’’ American society and our system of govern- Colonel Eric Jowers and an Op Ed piece by didn’t sell, even to your friends, you became ment depend. While I find the President's per- high school junior Kimberly Gilley that ran in more forthcoming. the Dothan Eagle, and ask that they be in- Maybe someday you’ll confess more, but sonal conduct offensive and disgusting, it is probably not. You’ve established such pat- clear to me that on legal grounds, the Presi- cluded in the RECORD at this point. The material referred to is as follows: tern of lying that we can’t believe you any- dent's campaign of lies, half-truths, and eva- more. Neither can your cabinet, the Congress siveness have demonstrated a cavalier and DEAR MR. PRESIDENT: It’s not about sex. If or any of the leaders of the nations of the flagrant disregard for the rule of law in our so- it were about sex, you would be long gone. world. ciety. The President stands accused of serious Just like a doctor, attorney or teacher who When a leader’s actions defame and emas- had sex with a patient, client or student half offenses which he has failed to refute. culate our country as profoundly as yours his age, you would have violated the ethics have, it’s no longer a personal matter, as you Chairman HENRY HYDE and the Judiciary of your office and would be long gone. Just Committee have gathered substantial evi- claim. It’s no longer a matter among you, like a Sergeant Major of the Army, Gene your family and your God. dence and presented a strong case for which McKinney, who though found not guilty, was By the way, I don’t believe for a minute the President must answer. It is the constitu- forced to resign amid accusations sexual that Hillary was unaware of your sexual mis- tional duty of the House of Representatives to abuse. adventures, abuses of power and pattern of decide whether the body of evidence against Remember the Air Force General you lying. She has been a party to your the President merits a trial. Based on my 25 wouldn’t nominate to be Chairman of the wrongdoings since Whitewater and Gennifer years of experience as an attorney, I firmly be- Joint Chiefs of Staff because he freely admit- Flower just as surely as she lied about the ted to an affair almost 15 years before, while Rose law firm’s billings and hid the Vincent lieve that the overwhelming evidence showing he and his wife were separated? Unlikely perjury and obstruction of justice provide suffi- Foster evidence in your bedroom for two you, he was never accused of having a starry- years. Why? So she could share in the raw cient grounds to support impeachment of the eyed office assistant my daughter’s age per- power that your office carries. The two of President. The President's actions certainly do form oral sex on him while he was on the you probably lied to Chelsea but that is a not reflect the respect that the office deserves. phone and his wife and daughter were up- matter among you, your family and your Indeed, he must be held to a standard of con- stairs. God. duct that is consistent with the rule of law. If it were about sex, you would be sub- Remember the sign over James Carville’s We must preserve the integrity of the Presi- jected to the same horrible hearings that desk during the 1992 campaign? It said, ‘‘It’s dency and our judicial system by not allowing Clarence Thomas was to because of the accu- the economy, stupid!’’ Place this sign over anyone, including the President, to subvert or sations of Anita Hill. The only accusation your desk: ‘‘It’s about character, stupid!’’ then was that he talked dirty to her, he destroy the rule of law in the greatest country No, it’s not about sex. Mr. President. If it didn’t even leave semen stains on her dress. were, you would be long gone. It’s about on Earth. I believe that voting for impeach- No, it’s not about sex. It’s about character. character; but we have to live with your lies ment of the President is the only reasonable It’s about lying. It’s about arrogance. It’s and arrogance for a while longer. Your lies, course of action for the House to take in the about abuse of power. It’s about dodging the amorality and lack of character have been as current grave situation in which the President draft and lying about it. When caught in a pervasive as they have been despicable, so we has placed us. lie by letters you wrote, you concocted a have no reason to believe that you will Mr. SENSENBRENNER. Mr. Speak- story that nobody believed. But we excused quietly resign and go away. You’ll count on er, I yield such time as he may con- it and looked away. half truths and spin doctors to see you sume to the gentleman from Alabama It’s about smoking dope and lying about it. through, the country be damned. It has al- ‘‘I didn’t inhale,’’ you said. Sure, and when I ways worked before. We excused you and (Mr. EVERETT). was 15 and my buddies and I swiped a beer (Mr. EVERETT asked and was given looked the other way. from an unwatched refrigerator, we drank No more, we’ve had enough. You betrayed permission to revise and extend his re- from it, but we didn’t swallow. ‘‘I broke no us enough. You have made every elected offi- marks. laws for the United States,’’ you said. That’s cial, minister, teacher, diplomat, parents Mr. EVERETT. Mr. Speaker, I rise in right, you smoked dope in England or Nor- and grandparent in the country apologize for support of the articles of impeachment. way or Moscow; where you were demonstrat- you and explain away your actions. Now go Mr. Speaker, I intend to vote for the rule of ing against the U.S.A. You lied, but we ex- away, and let us show them that our country law and against this partisan attack on the cused it and looked away. was not without morals. It was just that you Constitution of the United States. In America, It’s about you selling overnight stays in were. the rule of law is above any man and above the White House to any foreigner or other Let us show them that America was not contributor with untraceable cash. It’s about the problem. William Jefferson Clinton was. politics. We don't have kingships in this coun- Whitewater and Jim and Susan McDougal Go away, Mr. President. Leave us alone. And try, we have publicly-elected officials. We can- and Arkansas Gov. Jim Guy Tucker and Vin- when you leave, know that your legacy to not have one set of laws for our rulers, and cent Foster and Gennifer Flowers and Paula the United States of America will be a stain another for the ruled. No one, most especially Jones and Kathleen Willey and nearly count- on the Office of the President that is as the President, can escape the rule of law. less others. It’s about stealing the records filthy as the stain on Monica’s dress. It will H11842 CONGRESSIONAL RECORD — HOUSE December 18, 1998 take a lot of scrubbing to make it clean impeach him, they will think you can get (Ms. ESHOO asked and was given per- again. away with it, also. mission to revise and extend her re- ERIC JOWERS. Mr. SENSENBRENNER. Mr. Speak- marks.) er, I yield 2 minutes to the distin- Ms. ESHOO. Mr. Speaker, today, De- TO SAVE AMERICA—IMPEACHING CLINTON ISA guished gentleman from Alabama (Mr. cember 18, 1998, is a day of infamy in MUST CALLAHAN). the House of Representatives. History On June 13, 1996, William Jefferson Clin- (Mr. CALLAHAN asked and was will record that on this day the House ton, president of the United States of Amer- given permission to revise and extend ica, said ‘‘One thing we have to do is to take of the people, through searing, brutal seriously the role in this problem of older his remarks.) partisanship, disallowed the right of men who prey on under-age women. There Mr. CALLAHAN. Mr. Speaker, until each Member, and this Member, to ex- are consequences to decisions, and one way now I have declined to pass judgment press their own conscience. or the other, people always wind up being ac- on the President over these last several Today impeachment and only im- countable.’’ months because I strongly believed peachment counts. It is a day when the A year and a half later, Clinton himself is that it was improper to do so before overwhelming voices of the American being held accountable for actions he meant the process secured evidence through a people are turned away. It is a day to be kept secret. These ‘‘secrets’’ are why rigorous investigation where both sides Mr. Clinton should be impeached. Impeach- when the Framers’ intent for removal presented their cases. of the chief executive of our Nation, ment—the constitution states that high offi- That process is now complete, and we cials may be removed from office on im- treason, bribery, high crimes against are now in receipt of the results of that peachment ‘‘for, and conviction of, treason, the people, is ignored. investigation, as well as the specific bribery, and other high crimes and mis- I shall vote against the articles of recommendations made through the ar- demeanors.’’ High crimes and misdemeanors impeachment, because I believe that ticles of impeachment. Today Congress can mean anything but one thing for sure is the case that has been brought against that with the charges against Clinton, mor- is not standing in judgment of Presi- the President has not been proven by ally and politically, he is not fit to be the dent Clinton’s character, nor are we de- the Committee on the Judiciary. I do leaders of our country and therefore should bating the issue of his affair with not believe that the charges rise to be impeached. Monica Lewinsky. Rather, we are being what the Framers intended. Jan. 26, 1998, is a day I’m sure we all will asked to determine whether or not he never forget. On that day Clinton had the au- Mr. Speaker, the flag is the symbol of dacity to wag his finger in our faces and de- broke the law. As many know, I have had great re- our Nation, but the Constitution, as clare, ‘‘I did not have sexual relations with Barbara Jordan invoked over and over that women,’’ meaning former White House spect for the presidency on foreign pol- icy. I recognize the Constitution gives again in 1974, the Constitution is the intern Monica Lewinsky. This was an inten- soul of our Nation. Today this House is tional and calculated falsehood meant to foreign policy to him, and even though mislead us, the public, and Congress. I have disagreed with him on many set on a course that tears at the very How can we trust this man who is supposed issues, respecting the presidency, I soul of our Nation. It is wrong, it is im- to be the moral and political leader of our have gone along with him. prudent, it is not wise, and it is harm- country? The fact is we can’t. Anyone who It would make no difference to me if ful to the Nation. can go on national television and without it were Ronald Reagan being tried By his actions, Bill Clinton has blinking an eye deny what he knows is the today or George Bush. If evidence is brought shame as president. But today truth is a liar and an unfit moral leader. submitted to this Congress through the this body has set itself on a treach- While the president may say that he through erous course where it is not only weak- ‘‘sexual relations’’ meant having actual proper Committee on the Judiciary intercourse, the Bible and other sources say channels that compels me to vote up or ening the presidency, but diminishing differently. They state that ‘‘sexual rela- down when there is substantial, justifi- our Constitution. tions is when a person knowingly engages in able evidence to send a message to the b 1636 or causes contact with the genitalia, anus, Senate to make a determination of groin, breast, inner thigh or buttocks of any punishment, I would vote the same way ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE person with the intent of gratify the sexual I am going to vote on this particular The SPEAKER pro tempore (Mr. desire of any person.’’ matter in voting for these articles of LAHOOD). The Chair notes a disturb- This graphic definition is one that we have ance in the gallery, in contravention of always accepted and known. A grown man impeachment. It is a sad day for me, it is a sad day the law and rules of the House. The like Clinton surely knew he was lying to ev- Sergeant at Arms will remove those eryone that day, for we have been taught for the President, it is a sad day for the that oral sex is sexual relations. What if he country. It is a responsibility that persons responsible for the disturbance found out that Chelsea, his own daughter, gives us no alternative; that if indeed and restore order to the gallery. was having oral sex with here boyfriend? As in our hearts we believe that the com- Mr. SENSENBRENNER. Mr. Speak- a dad, I’m sure that he would consider it sex- mittee reports are substantial, that er, I yield 30 seconds to the gentleman ual relations. Although he has twisted all his they justify returning a message or from Georgia (Mr. BARR) for rebuttal. lies around to sound like he was telling the sending a message to the Senate. We Mr. BARR of Georgia. I thank the truth, we all know that he can never be trust have absolutely no alternative but to gentleman for yielding time to me. again. Mr. Speaker, I would say to the dis- Another reason for impeaching Clinton is send that message to the Senate so that he is not to be the role model high they can sit in judgment of his punish- tinguished ranking member on the standing officers are meant to be. What does ment. Committee on the Judiciary that when this tell our children? That it’s okay to lie We are not removing the President President Clinton or any person ap- because the president does? from office today, we are sending a pears before a grand jury or before a ‘‘I remember when President Clinton gave message to the Senate. court, they have three, count them, that swearing-in and promised to tell the Mr. CONYERS. Mr. Speaker, I yield and only three choices: They can tell truth,’’ says Philip Sperry, 10, of Clifton, Va. myself 15 seconds. the truth, they can take the fifth ‘‘Well, he lied to us that time and he lied to Mr. Speaker, the gentleman from amendment, or they can lie. President us again.’’ Even the children know it is wrong to lie and that he should be punished. Georgia (Mr. BARR) announced a mo- Clinton chose the last option, he lied. Some of the things the president has done ment ago that the perjury trap is a It is a legal impossibility for some- are so disgusting and irresponsible that just legal impossibility. I refer him to the body to be forced to lie before a grand in watching reports of it on the news young Ninth Circuit Court of Appeals deci- jury or in court, and that is the essence children need to cover their ears. When the sion, which said in 1991 that a perjury of what entrapment is. The President president is sworn into office, it is his re- trap is created ‘‘. . . when the govern- chose voluntarily to tell a lie; to con- sponsibility to act appropriately and be the ment calls a witness to testify for the duct perjurious, misleading, and un- kind of leader that kids can look up to. primary purpose of obtaining testi- truthful statements. He cannot be How many children do you think are going forced to do that. That is what he did. around wanting to be the next president? In mony from him in order to prosecute this time of scandal, I’m sure that the num- him later for perjury.’’ Mr. SENSENBRENNER. Mr. Speak- bers are slim. His behavior is a horrible ex- Mr. Speaker, I yield 1 minute and 40 er, I yield 5 minutes to the gentleman ample to the younger generation. It is tell- seconds to the gentlewoman from Cali- from Utah (Mr. CANNON), a member of ing children that it’s okay to lie. If we don’t fornia (Ms. ESHOO). the Committee on the Judiciary. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11843 (Mr. CANNON asked and was given offenses do not rise to the level of high sociated with impeachment, as this is but the permission to revise and extend his re- crimes and misdemeanors. The essence second time in U.S. history that the full House marks.) of their argument is that perjury, ob- has been asked to act on articles of impeach- Mr. CANNON. Mr. Speaker, I am struction of justice, and the abuse of ment. going to speak to a couple of key power are not equivalent to treason or Our constitutional process is not one that points. First, I would like to create the bribery. can be suspended or taken lightly. Once context by sharing with my colleagues They are wrong. Perjury and obstruc- begun, it must be completed. This process two statements, one by Founding Fa- tion of justice are akin to bribery in began when the OIC referred its findings to ther John Jay and the other by Presi- many ways. Perjury and obstruction go the House. I voted earlier this year to have the dent Kennedy. to the corruption of the judicial sys- Judiciary Committee conduct a hearing to dis- John Jay said, ‘‘When oaths cease to tem. Bribery amounts to the corrup- cover if these offenses were indeed, as the be sacred, our dearest and most valu- tion of a bureaucrat. Both prevent citi- OIC alleges, sufficient for impeachment of a able rights become insecure.’’ zens from enjoying their rights under President. I agreed with Judiciary Committee Four days before his death, President the rule of law. Chairman HENRY HYDE who, when he spoke Kennedy visited Florida. There he Their treatment by the United States of impeachment in September, said that if the made the following statement: ‘‘In this Sentencing Commission, the only thing effort to impeach President Clinton were not country I,’’ referring to the presidency, that helps set forth penalties for Fed- bi-partisan then it would be ultimately unsuc- ‘‘carry out and execute the laws of the eral crimes, supports the comparison. cessful. That is where we are now. The effort United States. I also have the obliga- Under the guidelines, bribery of or by a has been unsuccessful. tion of implementing the orders of the public official is an offense of base As the rough equivalent of a grand juror, I courts of the United States. I can as- level 10. For a first-time offender, that exercised the real strength of the United sure you that whoever is president of would translate to 6 to 12 months in a States grand juror: the common sense to let the United States will do the same, be- Federal penitentiary. prudence guide my actions. What the Presi- cause if he did not,’’ that is, he, the Under the guidelines, perjury and ob- dent did was immoral, first the behavior then President, ‘‘He would begin to unwind struction are base level 12, two levels the lie. But this is not a vote on morality; it is this most extraordinary constitutional beyond bribery, and that means for a setting dangerous new constitutional prece- system of ours.’’ first-time offender a sentencing range dent in a partisan setting. Grand jurors in our The President’s ability to unwind the of 10 to 16 months. Someone convicted constitutional system is significant. judicial system today have to exercise good of perjury, and remember, there are 100 The President is the only individual judgment about stopping a bad case when the Americans sentenced every year for charged with ensuring that our laws evidence is not there to fortify it legally. In our perjury, can face up to 10 months more are faithfully executed. He is one of the role today, we have the added weight of exer- in jail than someone convicted of brib- few Americans who always is an exam- cising good constitutional, democratic, and po- ery. Based on the U.S. sentencing ple for good or ill. If a president can lie litical common sense. guidelines, not only are perjury and ob- before a grand jury during a civil depo- Our country's Founders put the impeach- struction of justice in the same ball- sition, engage in obstruction of justice, ment clause in our governing document for a park as bribery, they are treated as and abuse power, others will follow. very specific reason, to have a democratic Article III sets forth that the Presi- more grave. mechanism for the removal of a President who dent willfully and deliberately allowed I appeal to my colleagues. Let us not has grievously injured the country. President his attorney to make false statements allow the President to begin unwinding Clinton certainly injured the national trust, as to the court about the affidavit of Ms. our constitutional system. Let us pro- does any public official when they lie; but he Lewinsky. The President’s defenders, tect the integrity of the oaths that un- has not injured the U.S. Constitution, our de- including his attorney, Mr. Ruff, have derpin our judicial system. Let Con- mocracy, our government, or any political said he was not paying attention at the gress protect our dearest and most val- movement in our country. His actions were time when Mr. Bennett raised the affi- uable rights by impeaching this presi- outrageous. His lies about it were dishearten- davit, but the videotape of the deposi- dent, who has demeaned the sacredness ing and alarming. But his behavior itself, even tion shows otherwise. He was alert, at- of his oaths. when compounded with lies under oath, was tentive, and engaged. Mr. CONYERS. Mr. Speaker, I yield not impeachable. The President’s official defense was such time as he may consume to the We should take a lesson from this long and that he thought Ms. Lewinsky thought gentleman from Texas (Mr. ORTIZ). difficult drama. No lie from a public official is her affidavit was true, and he was just (Mr. ORTIZ asked and was given per- acceptable. It is all the more appalling when it affirming her belief. First, the affidavit mission to revise and extend his re- is the chief executive, under oath, about an af- was not a statement of beliefs. It was a marks.) fair in the White House. Those who seek the statement of the facts under oath. The Mr. ORTIZ. Mr. Speaker, I will be public trust of the presidency must be ever President’s response was evasive. voting against the four articles of im- vigilant to conduct themselves truthfully. Those Second, in the affidavit Ms. peachment, and I request that my col- who seek the presidency should be on notice Lewinsky stated she had not received leagues vote against it, and that we that the rules are forever changed: the im- any benefit from her relationship with start the healing process for our coun- peachment bar has been lowered and can be the President. The facts are indis- try. invoked far easier than our Founders in- putable. There was an intense effort by Mr. Speaker, throughout this whole un- tended. Mr. Jordan on behalf of the President seemly matter of impeaching a President who Those in Congress must be a careful watch- to get her a job. lied about deplorable conduct, I have clung to dog of executive behavior, and today's vote is Third, in the deposition, after read- the dignity of the instruction of the Constitution a strong message that this body will not shy ing from the affidavit, Mr. Bennett to guide my actions. I re-examined all the evi- from our duty, but we are not willing to let im- asked the President, ‘‘Is that a true dence offered to the House: the Referral from peachment become a partisan endeavor. I and accurate statement, as far as you the Office of Independent Counsel (OIC), the hope this exercise, while difficult and unneces- know it?’’ The President answered, President's taped testimony, the reams of evi- sary, shows the world the ultimate strength of ‘‘That is absolutely true.’’ dence in support of the OIC Referral, testi- the U.S. Constitution and the innate common We know today that it was abso- mony (limited though it was) before the Judici- sense of the American people in the world's lutely false. President Clinton’s delib- ary Committee, and the Committee's delibera- most sophisticated democracy. erate effort to mislead Judge Wright is tions. I urge my colleagues to join me in opposing a clear obstruction of justice. Others As the equivalent of a judicial and legislative these articles of impeachment. have been prosecuted for less. Under grand juror in this process, evaluating this evi- Mr. CONYERS. Mr. Speaker, I am the Constitution, the President is held dence carefully, and privately, is consistent pleased to yield 11⁄2 minutes to the gen- accountable by the mechanism of im- with my constitutional role. As a Member of tleman from Illinois (Mr. EVANS). peachment. Impeachment is serious the House of Representatives in the U.S. Con- Mr. EVANS. Mr. Speaker, I rise in and weighty. gress, I am acutely aware that our actions opposition to the four articles of im- My friends on the other side have re- today represent half the precedent in our en- peachment against President Clinton, peatedly argued that the President’s tire history with regard to the sacred duty as- because I do not believe that such a H11844 CONGRESSIONAL RECORD — HOUSE December 18, 1998 grave step is in the best interests of a process for removing a President. It cans are without health care. It is a high crime our country. has been reserved for the highest that forty-four million Americans must worry All of us in public life have to be ac- crimes, not low crimes. And I submit about their Social Security. It is a high crime countable for our actions, and there is that if we vote to impeach President that wealth is being distributed upward. That no question that the President’s con- Clinton for his offenses, we have com- the top 1% of the people hold more wealth duct was deplorable. Having reviewed mitted an offense more grievous be- than the bottom 90% of the people. And this the evidence, however, I do not believe cause we will have nullified the votes act today redistributes the political wealth of that the case has been made with suffi- of 97 million Americans. Do not take the country. The Founders did not put im- cient clarity that the President’s con- away the people’s voice. Do not nullify peachment in the Constitution so that a major- duct warrants impeachment, trial, and the people’s choice. Punish the Presi- ity party some day could topple a President of removal from office. dent with censure if you must, but do the opposite party just because they had the Heavily weighing in my decision are not punish the American people by votes. This process, when it is partisan, be- the charges made in greatest detail by canceling their vote. comes an ad hoc, back-door transition to a the Independent Counsel, Mr. Starr, ad- Some day a generation far into the parlimentary form of government. dressing conduct unrelated to the future will look at this moment and Someday a generation far into the future will President’s public and official duties. ask why and they will conclude that in look back on this moment and ask: ``Why?'' During the impeachment proceedings impeaching a President, this House Why did they impeach a president when it was against President Nixon, my prede- chose partisanship under the cover of clearly partisan? Why, When it was less than cessor, Tom Railsback, noted that patriotism and sanctimonius saluta- a high crime? Why, when they knew it would there was ‘‘a serious question as to tions to that all hallowed and selec- fail in the Senate? Why, when they knew a whether something involving the Presi- tively perceived rule of law. And that trial in the Senate would shut down the gov- dent’s personal tax liability has any- cloak of shame prepared for the Presi- ernment? Why, when they had a clear alter- thing to do with his conduct in the of- dent will also cover those carrying the native of censure? Why, did they choose the fice of the president.’’ Later, the Com- cloak. For at this moment we are trou- harsh judgement and condemnation of im- mittee on the Judiciary rejected the bling our America. We are troubling peachment over the forgiveness and redemp- article of impeachment against the our common bond. We are troubling tion of censure? President on those grounds. our American community. We are trou- And they will conclude that, in impeaching a Today a majority of the public con- bling our American unit. President, this House chose partisanship The sun will rise and the year 2000 tinues to approve of President Clin- under the cover of patriotism and sanctimo- will soon come. And those who trou- ton’s ability to perform his duties, and nious salutations to that all hallowed and se- bled their own House will have inher- does not wish for him to be impeached lectively perceived Rule of Law. And the cloak ited the wind. by the House and tried by the Senate. of shame prepared for the President will also The die is case. The President is about to cover those carrying the cloak. For at this mo- I do not believe we should impeach be impeached. His offenses not high crimes, President Clinton based on misconduct ment we are troubling our America. We are but low. His conduct, yes, beneath the dignity troubling our common bond. We are troubling not clearly related to the President’s of the office but also beneath the requirements our American community. We are troubling our official duties. of what the Founders intended to rise to a American unity. The sun will rise and the year Let me be clear, a decision by the standard of impeachment. His shortcomings 2000 will soon come. And those who troubled House not to impeach will not exoner- for all the world to see, we must correctly re- their own House will have inherited the wind. ate the President. He will remain sub- view our own. The shortcomings of the inves- Mr. CONYERS. Mr. Speaker, I yield ject to indictment and prosecution for tigation by the Independent Counsel, the 13⁄4 minutes to the gentleman from his conduct in the court of law when he shortcomings of the partisan Judiciary pro- Massachusetts (Mr. OLVER). leaves office. ceedings, the shortcomings of a day where (Mr. OLVER asked and was given I do believe that the Congress should impeachment, which is no alternative, is the permission to revise and extend his re- fashion an appropriate response to his only alternative. We have entered Wonderland marks.) actions, which places the national in- with Alice and we have seen the Queen pro- Mr. OLVER. Mr. Speaker, this is a terest first. I am greatly disappointed nounce ``Sentence firstÐVerdict afterwards.'' totally prejudged and partisan process that excessive partisanship on the part In the name of the American people who that denies the majority of the Mem- of the Committee on the Judiciary pre- oppose this impeachment as being manifestly bers of this House of Representatives vents us from discussing censure. unfair, behold the prophetic power of the Bib- and the majority of Americans a vote Mr. CONYERS. Mr. Speaker, I yield lical injunction: ``. . . Judge not, that ye not be on a bipartisan compromise, a vote of 13⁄4 minutes to the gentleman from judged.'' In the name of all those people who conscience to censure the President. Ohio (Mr. KUCINICH). have suffered a dark night of soul, feel the Mr. Speaker, the American people, in Mr. KUCINICH. Mr. Speaker, in the might of the warning: ``. . . Let he how is with- their collective electoral wisdom that name of the American people, who op- out sin cast the first some.'' In the Names of we all submit to, have twice elected pose this impeachment as being mani- Washington, of Jefferson, and of Lincoln, and President Clinton. The American peo- festly unfair, behold the prophetic of all who fought to create one nation, indivis- ple support the President’s perform- power of the Biblical injunction, ible, do not cleave this Nation with a partisan ance of his official duties, and they do ‘‘Judge not, that you not be judged.’’ In impeachment, for a House of Representatives not want him removed from office. the name of all the people who have divided against itself shall not stand. We Three months ago when I first reviewed suffered a dark night of assault, feel speak of one nation, under God. In God's the Starr report, I looked for evidence the might of the warning, let he who is name, do not tear apart, this House and this of treason, bribery or high crimes and without sin cast the first stone. Nation with a low-rent impeachment. misdemeanors, the only constitutional grounds for impeachment. No such b 1645 There is much misunderstanding about just what impeachment means. It is not a form of thing appears in the Starr report. In the names of Washington, of Jef- censure. Impeachment is not a punishment. It Instead I found evidence, gathered at ferson, of Lincoln, and all those who is part of a process for removing a President. great public cost, in dollars $50 million, fought to create one Nation indivisible, it has been reserved for the highest crimes, and in destruction of privacy that do not cleave this Nation with a par- not low crimes, and I submit that if we vote to Americans cherish, evidence of a con- tisan impeachment, for a House of Rep- impeach President Clinton for his offenses we sensual sexual relationship of the resentatives divided against itself shall will have committed an offense more grievous, tawdriest nature which the partici- not stand. We speak of one Nation because we will have nullified the votes of 97 pants tried to hide for its tawdriness. under God. In God’s name do not tear million Americans. Don't take away the peo- Weeks of hearings in the Committee on apart this House and this Nation with ple's voice. Don't nullify the people's choice. the Judiciary have uncovered nothing a low-rent impeachment. Punish the President with censure if we must. more except the partisan close-minded- There is much misunderstanding But don't punish the American people by can- ness of the proceedings. The Repub- about just what impeachment means. celing their vote. lican obsession to impeach President It is not a form of censure. Impeach- Let me talk for a moment about high crimes. Clinton on the flimsiest of constitu- ment is not a punishment. It is part of It is a high crime that forty three-million Ameri- tional grounds and against the will of December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11845 most Americans will cause long lasting Barbara Jordan, Members will recall, conditions are differentÐand even accept- divisions in America. was a Democrat member of the House ableÐthan lying under oath and obstructing The Republicans know that they can- Judiciary Committee during the im- justice by an ordinary citizen. In my mind, not get 67 votes in the Senate to re- peachment of President Nixon. She there are not certain conditions that meet this move the President from office so this made the point that the Constitution test. Nobody is above the law, including the is a purely partisan exercise in this gives each House of Congress a specific President of the United States. That goes to House designed to humiliate and weak- duty. The House serves as an accuser; the heart of the decision we will make today. en a twice-elected President of the the Senate serves as a judge. That decision should not be one that is United States. Barbara Jordan understood the dif- judged 25 or 50 days from now. Instead, it To my Republican colleagues, by ference between the House having the should stand the test of time to be favorably your efforts today, you show the Amer- role of filing the indictment and not judged 25 or 50 years from now because the ican people once and for all that you bringing the evidence to an ultimate decision sends a message that either supports should not be in the majority in this conclusion in trial. That is the purpose or compromises the rule of law. Congress, and that, I believe, will be of a jury trial, which would be held in Let's remind ourselves that we are only here your reward. the Senate. temporarily and the President is only here Mr. Speaker, this is a totally prejudged and Congresswoman Jordan said during temporarily. The office of the 4th District Con- partisan process that denies a majority of the the Nixon hearing, ‘‘It is wrong, I sug- gressman from Washington and the office of Members of this House, and the majority of gest it is a misreading of the Constitu- the President will endure after its present oc- Americans, a vote on a bipartisan com- tion, for any member here to assert cupants leave. But these offices will only have promiseÐa vote of conscience to censure the that for a member to vote for an arti- meaning if the basic rule of law is sustained. President. cle of impeachment means that the This is not personal, it transcends that. Mr. Speaker, every one of us submits every member must be convinced that the In fact, it is impossible to enter the Supreme 2 years to the collective, electoral wisdom of President should be removed from of- Court building in Washington, DC, without the people we serve. fice. The Constitution does not say being struck by four words above the en- Mr. Speaker, the American people in their that. The powers relating to impeach- trance: ``Equal Justice Under Law.'' Those collective, electoral wisdom have twice elected ment are an essential check in the words, more than any others, have guided my President William Clinton. The American peo- hands of this body, the legislature, decision. ple support the President's performance of his against and upon the encroachment of After all, since its founding more than two official duties, and they do not want him re- the executive. In establishing the divi- centuries ago, ours has been a government of moved from office. sion between the two branches of the laws and not of menÐwhich means, in es- Three months ago when I first reviewed the legislature, the House and the Senate, sence, that unlike most other countries, here Starr report, I looked for evidence of treason, assigning to the one the right to accuse in the United States no man or woman is bribery, or high crimes and misdemeanorsÐ and to the other the right to judge, the above the law. Not you. Not me. Not this the only constitutional grounds for impeach- framers of the Constitution were very President. Not any President. ment. No such thing appears in the Starr re- astute. They did not make the accusers This ordeal has gone on long enough. The port. and the judges the same person. President has had his say, and his critics have Instead, I found evidence gathered at great Mr. SENSENBRENNER. Mr. Speak- had theirs. Now, the rule of law means the law public costÐin dollars, $50 million, and in the er, I yield such time as he may con- must rule. destruction of privacy that Americans cher- sume to the gentleman from Washing- Mr. SENSENBRENNER. Mr. Speak- ishÐevidence of a consensual sexual relation- ton (Mr. HASTINGS). er, I yield such time as he may con- ship of the tawdriest nature which the partici- (Mr. HASTINGS of Washington asked sume to the gentleman from California pants tried to hide for its tawdriness. and was given permission to revise and (Mr. CALVERT). Weeks of Judiciary Committee hearings extend his remarks.) (Mr. CALVERT asked and was given have uncovered nothing more except the par- Mr. HASTINGS of Washington. Mr. permission to revise and extend his re- tisan, closed-mindedness of the proceedings. Speaker, I am in favor of the articles of marks.) The Republicans' obsession to impeach impeachment. Mr. CALVERT. Mr. Speaker, I rise in President Clinton on the flimsiest of constitu- I ran for Congress in order to pass lawsÐ favor of impeachment. tional grounds and against the will of most not to pass judgment. But events have tran- Mr. Speaker, today I will join a majority of Americans will cause long-lasting divisions in spired over the past year that have put me in my colleagues in the House of Representa- America. a position to decide whether President Clinton tives and vote in favor of impeaching the 42nd The Republicans know they cannot get 67 lied under oath, obstructed justice and violated President of the United States, William Jeffer- votes in the Senate to remove the President the powers of his office. There's no question son Clinton. I did not reach this decision light- from office. So, this is a purely partisan exer- that this is the most difficult decision I will ly. After reviewing the documents and articles cise in this House designed to humiliate and have to make as a Member of Congress. of impeachment put forth by the House Com- weaken the twice-elected President of the In my judgment, Bill Clinton has disgraced mittee on the Judiciary, I reached the unhappy United States. the Presidency and is no longer fit to hold the but necessary conclusion that there is enough To my Republican colleagues, by your ef- highest office in the land. For that reason, I evidence to warrant forwarding these articles forts today you show the American people will vote in favor of all four articles of impeach- to the Senate. I do so with the best interests once and for all that you should not be the ment to be considered today by the House of of California's 43rd congressional district, and majority in Congress and I believe that will be Representatives. all Americans, foremost in my mind. your reward. If impeached, it is my hope that President We have heard from the other side of the Mr. SENSENBRENNER. Mr. Speak- Clinton would spare the Nation a trial in the aisle the constant plea for censure as an alter- er, I yield 11⁄2 minutes to the gentleman Senate by resigning as soon as possible. In native to the vote today. I do not believe, how- from California (Mr. ROGAN) for pur- the event he does not resign, I am hopeful ever, that censure is an option for the House. poses of a rebuttal. that the Senate would quickly complete his The Framers of the Constitution did not pro- Mr. ROGAN. Mr. Speaker, a few min- trial and vote to remove him from office. vide for censure as an alternative to impeach- utes ago my dear friend from Califor- Like most Americans, I wish the President ment, therefore it would be irresponsible and nia made commentary in her argument had not lied under oath and had not urged unconstitutional to bring such a motion to the as to why she would vote against arti- others to do soÐbut he did. Unfortunately, he full House for consideration. The House has cles of impeachment. In doing so she can't simply wish that away, and neither can never censured a President before, and it invoked the name of our venerated late I. would be a horrible precedent to set. It is the former colleague, the gentlewoman Our system of justice is built on the prin- responsibility of the United States Senate to from Texas, Democrat Barbara Jordan. ciples of truth and honesty. That's why decide President Clinton's guilt or innocence I wanted to share a quote of Barbara charges of lying under oath and obstruction of and punishment. Jordan’s from the Nixon impeachment justice are so serious. They are an assault on The President has twice taken an oath to hearing that directly replies to the the basic rule of law that cuts to the very core uphold the Constitution of the United States. very issue which the gentlewoman of our system of government. He also took an oath before a Federal grand from California raised a few minutes Some suggest that lying under oath and ob- jury to tell the truth, the whole truth, and noth- ago. structing justice by the President under certain ing but the truth. And then he broke both of H11846 CONGRESSIONAL RECORD — HOUSE December 18, 1998 these oaths. The President is the nation's was wrong. He misled his family and Unfortunately, the process used in the chief law enforcement officer and is subject to our Nation. The President has gravely House Impeachment Inquiry has brought the same rules and laws as every American. disappointed and embarrassed our about just the opposite result. The Judiciary Without a clear and strong rule of law, the country. Committee has proceeded in a very partisan United States would be nothing more than a The question presented to Congress is manner. The Committee has denied the Presi- banana republic. Simply put, the evidence is not whether the President’s conduct is dent basic fairness in the proceedings. As a clear that William Jefferson Clinton committed reprehensible but whether his actions result, the recommendation has broken down perjury and obstruction of justice while serving warrant his impeachment and removal strictly along party lines. as the President. In the best interest of our from office. Short of a declaration of Last January, Chairman HENRY HYDE ob- nation, the rule of law should be upheld and war, there is no more solemn respon- served that for this process to succeed, it was this President should be impeached, and face sibility for a Congressman in acting on absolutely essential that the process be bipar- trial in the Senate. the possible impeachment of the Presi- tisan. That has not happened. Now, whatever Mr. SENSENBRENNER. Mr. Speak- dent. action Congress takes will be viewed by the er, I yield 2 minutes to the distin- I was never so proud to be a Member public with disdain. We will not be able to guished gentlewoman from New Mexico of this House during our debate of our bring our nation together. I believe Congress (Mrs. WILSON). participation in Operation Desert has greatly disappointed our country. Mrs. WILSON. Mr. Speaker, I had not Storm. That debate helped bring our What the committee has done cannot be planned to talk today. I have made my Nation together. Regardless of what undone. It is now time for the full House to decision and told my constituents. But side one was on that issue, the debate act. In making my decision as to whether to some of the comments made on the consolidated our country, and everyone vote for or against an Article of Impeachment, floor have caused me to reconsider my felt good with the results. I must be guided solely by what the Constitu- silence. Unfortunately, the process used in tion requires. Our decision will affect not only It appears that some of our Members the House impeachment inquiry has this President, but the future of the Presi- believe or would have others believe brought about just the opposite result dency. Therefore I must make that judgment that those of us who will vote to im- in our Nation. However, each of us regardless of the actions of the Judiciary Com- peach the President are driven by some must be guided by what the Constitu- mittee, my party affiliation or the popular senti- kind of blind partisanship or are doing tion dictates as far as impeachment. ment of the people of my district. it because our arms are being twisted. Our decision will not only affect this In order to vote for an Article of Impeach- I am the junior Member of this House. President but will affect the future of ment, I must be convinced first that the record The district that I love is more Demo- our presidency. establishes the offenses alleged, and second, crat than Republican. And not once, The Constitution and the historical that the offense rises to the standard pre- not once has any leader of this House record indicates that the words in the scribed for impeachment under the Constitu- even so much as asked me how I will Constitution were clear to our framers tion. Having reviewed much of the material in- vote. of the Constitution, that they apply I read the evidence. I must admit cluded in the Starr referral and having read only to fundamental offenses against that I was looking for some expla- much of the testimony of witnesses before the the system of government. President nation, a rebuttal of the facts, some Judiciary Committee, I have reached the fol- Clinton’s misleading statements have justification to spare the country from lowing conclusions: nothing to do with the official duties of impeachment. I could not find it. I can- Of the four articles voted by the Committee, his office. They were designed to con- not turn from the truth and the evi- one alleges obstruction of justice. The record ceal an embarrassing, highly inappro- dence that supports it. of evidence presented by the Independent I have reached my decision with a priate personal relationship. As such, CounselÐwhich the Judiciary Committee profound sense of sadness. I am con- they do not rise to the level of an im- failed to examine through testimony of mate- stantly reminded of the symbol of jus- peachable offense. rial witnessesÐin my opinion does not support tice in America. Justice holding the I urge my colleagues to reject each of this article. The charge of obstruction of justice scales is not blind because she looks the four articles of impeachment. rests on an interpretation of events, surmises away or because she will not see. Jus- Mr. Speaker, by the President's own admis- and speculations that the evidence does not tice is blind so that every citizen, re- sion his conduct in the Lewinsky matter was support. gardless of race or creed or station in wrong; he misled his family and our nation. The three remaining articles allege that the life, will be treated equally under the The President has gravely disappointed and President committed perjury in his testimony in law. And that includes the President of embarrassed our country. The question pre- his deposition in the Jones case, to the grand the United States. It is a powerful sym- sented to Congress is not whether his conduct jury, and to the Judiciary Committee. In my bol. And today it is one we must live is reprehensible, but whether his actions war- opinion these articles raise more serious ques- up to, even when it would be easier to rant his impeachment and removal from office. tions. As the President has conceded, it is look away. Short of a declaration of war, there is no without question that his responses to ques- You may challenge the facts, you more solemn responsibility for a Congressman tions in the deposition were misleading and in- may challenge my reasoning, but do than acting on the possible impeachment of complete. He did not offer direct and clear an- not challenge the integrity of my pur- our President. I was never so proud to be a swers to the questions. pose. member of the Congress as when we debated But proof of perjury requires more than mis- Mr. CONYERS. Mr. Speaker, I pro- and acted on the U.S. participation in Oper- leading, incomplete, or evasive statements. foundly apologize to those of my col- ation Desert Storm. That debate helped bring During the Judiciary Committee's hearings, leagues on this side of the aisle who our nation together. Regardless of what side numerous expert witnesses, including legal have been waiting so very long to be of the debate one believed was right, the scholars and former prosecutors, testified on recognized. We have the exigencies of democratic process used by Congress to de- the perjury issue. There was no disagreement the evening. We have still a lot of bate our involvement was healing for Con- in their testimony that the record compiled in Members, and our time is running gress and for the American people. this case would not, in the hands of a respon- shorter. I am going to have to reduce More recently, I had the responsibility to sible prosecutor, justify a perjury charge. to 11⁄2 minutes many of my colleagues serve on the House Committee on Standards Even if we set aside that judgment, how- whom I had intended to give a much of Official Conduct during the investigation of ever, and assume that the President in fact larger amount of time. I apologize for Speaker GINGRICH. The members of the Inves- lied under oath, we must answer a second it. tigatory Subcommittee in that process took question. Do the false and misleading state- Mr. Speaker, I yield 11⁄2 minutes to great pains to proceed in a bipartisan manner. ments in question rise to the level of an im- the gentleman from Maryland (Mr. We specifically defined and limited the peachable offense under the Constitution? CARDIN). charges against the Speaker, and extended Article II, Section 4 of the Constitution pro- (Mr. CARDIN asked and was given every opportunity to the Speaker to respond to vides that ``the President * * * of the United permission to revise and extend his re- our work. The fairness and bipartisan nature States shall be removed from Office on Im- marks.) of that process was confirmed by the over- peachment for, and Conviction of, Treason, Mr. CARDIN. Mr. Speaker, by the whelming vote of the House, 395 to 28, to fine Bribery, or other high crimes and Misdemean- President’s own admission, his conduct and censure the Speaker. ors.'' The historical record of these words December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11847 makes clear that the Framers of the Constitu- The Constitution clearly states what adamant attitudes have yielded to com- tion intended them to apply only to fundamen- constitutes an impeachable offense, promise. tal offenses against the system of government. and we must not here attempt to sub- That is the greatness of our Country. The delegates to the Constitutional Conven- stitute our personal views. We are es- And, I believe, Mr. Speaker, in this instance, tion approved James Madison's suggestion tablishing a dangerous precedent when this Resolution of Impeachment should yield to that the language read ``* * * high Crimes and we move to lower the standards below the compromise and conscience of censure. Misdemeanors against the United States.'' treason, bribery or other high crimes We should have the option of censure to After this language was approved, it was re- and misdemeanors. We should follow consider if we are about fairness and justice. ferred to the Committee on Style, which had the Constitution, not use it as a tool The impeachment of a President is a grave instructions to make no substantive changes. for public execution, but we should use and serious matter. In removing the words ``against the United it to extol the high virtues and the When this debate ends, and the dust clears, States,'' the Committee on Style was clearly greatness of this Nation. and we vote, we must each reach deep down making the judgment that the words were un- Much is said about the rule of law inside of ourselves and ask the question, what necessary because they were redundant. and that the President is not above the does justice require of us? Thus, it is clear that the Framers intended that law. The rule of law, however, must be The President will be judged, both for his the President should only be impeached for based on justice, if it is to survive. The greatness and failures, when he leaves office. offenses against the structure of our govern- inscription that appears upon the And, if he has violated the law of committed ment. United States Supreme Court says, perjury, the courts will decide his fate for his President Clinton's misleading statements equal justice under law. It should read, deeds. had nothing to do with the official duties of his equal law under justice. But, the question to us is simply thisÐDoes office. They were designed to conceal an em- Justice is a higher authority. The what the President has done rise to the level barrassing, highly inappropriate, personal rela- process of impeachment that we are of treason or bribery? tionship. As such, they do not rise to the level now undertaking is permitted by law, Should we remove a President from office of impeachable offenses. but each of us must ask the question, because he was not faithful to his wife, lied Our recent historical experience supports what does justice require of us? about it and was admittedly not truthful to his this view. In 1974, the Judiciary Committee The law says we indeed can impeach Country. considered an Article of Impeachment based the President. Justice says we must His acts are reprehensible and should be on President Nixon's tax fraud. President consider the greatness of this country. sanctioned. Mr. Speaker, this Congress has the power Nixon had filed tax returns that failed to report And what he has done does not move to to impeach our President, and the majority certain income and claimed deductions that an impeachable offense. We are break- were not authorized by law. The President had has the votes to do it. ing the law. We are violating our oath signed his tax returns under penalty of perjury. That is the law. when we do not consider the Constitu- There was credible evidence that President But, what does justice require of us? tion. Nixon had committed perjury. The oath each of us has taken requires us The Committee on the Judiciary, by a bipar- Mr. Speaker, today is a very sad day for this to put the interest of the Nation above our par- tisan vote of more than a 2±1 margin, rejected House and this Country. I rise in opposition to tisan politics. the tax fraud article. By that vote, the Commit- these Articles of Impeachment. History will record what we do here today, tee held that even if President Nixon had com- What we say will soon be forgotten. and history will judge us harshly. mitted perjury in the filing of his personal tax But what we do will be remembered Mr. CONYERS. Mr. Speaker, I yield returns, that conduct did not rise to the stand- throughout history. 11⁄2 minutes to the gentleman from ard of an impeachable offense under the Con- We are considering Articles of Impeachment California (Mr. FARR.) stitution. of the President of the United States based (Mr. FARR of California asked and Mr. Speaker, the question of impeachment upon standards of our personal preference, was given permission to revise and ex- of a President of the United States is a grave selective interpretation of law and partisan pol- tend his remarks.) constitutional matter. It is designed to address itics. Mr. FARR of California. Mr. Speaker, circumstances in which the President has vio- Yet, we use the Constitution and the Rule of today is the wrong day and this is the lated the trust of the American people through Law for our reckless actions. wrong way. When our side asked this fundamental abuses of his office and serious The Constitution clearly states what con- morning why are we doing this today, misconduct. stitutes an ``impeachable offense.'' the Republican leadership responded, Mr. Speaker, nothing in the articles ap- And, we must not here attempt to substitute because we want to demonstrate de- proved by the Judiciary Committee ap- our personal views. mocracy at work. Democracy at work? proaches the historical and constitutional tests We are establishing a dangerous precedent I served this country in the United for impeachment of a President. Even if one when we move to lower the standards below States Peace Corps. I know how to assumes that the strained interpretation im- treason, bribery or other high crimes and mis- demonstrate democracy at work. And posed by the committee on the facts of this demeanors. this is not it. case is reasonable, the sad efforts of a Presi- We should follow the Constitution and not No one, anywhere in the world today, dent to avoid getting caught having a consen- use it for a public execution, but use it as an can explain why a Congress would im- sual extramarital affair does not threaten our instrument to extol the greatness of our nation. peach the most popular elected Presi- system of government. It does not justify the Much is said about the Rule of Law and that dent in the world at a time when that impeachment of the President by the House. the President is not above the Law. President is engaged in a conflict in Therefore, I will vote against each of the four The Rule of Law, however, must be based Iraq. What you see here today is not a articles approved by the Judiciary Committee. on Justice if it is to survive. demonstration of democracy; it is a Mr. CONYERS. Mr. Speaker, I yield The inscription that appears above the demonstration of a partisan political 11⁄2 minutes to the gentlewoman from United States Supreme Court Building states, coups. North Carolina (Mrs. CLAYTON). ``Equal Justice Under Law.'' b Mrs. CLAYTON. Mr. Speaker, today It should state, ``Equal Law Under Justice.'' 1700 is a very sad day for this House and Justice is a higher authority. This is not only the wrong day, this this country. I rise in opposition to This process of impeachment that we are is also the wrong way. Mr. Speaker, we these articles of impeachment. now undertaking is permitted by law. cannot claim that a democracy is What we say today will be soon for- But, each of us must ask the question, what working when we deny the minority a gotten but what we do will be remem- does justice require of us? voice. There are no options here today. bered throughout history. We are con- At one time in this Nation, women could not There will be no vote for censure. That sidering articles of impeachment of a vote, blacks could be enslaved and young is not even allowed nor offered. There President of the United States based on people could fight and die in wars, but could are absolutely no alternatives, no standards of our personal preference, not elect those who sent them to war. nothing, just plain meanness. selected interpretation of the law and That was the law. ``There is no fancy way to say I've sinned.'' partisan politics. Yet we use the Con- But, it was not just. That was Bill Clinton, President of the United stitution, the rule of law for our reck- Throughout the proud history of this Nation, States, in an apology to his fellow citizensÐ less action. rigid thinking has yielded to conscience and the people who elected him. H11848 CONGRESSIONAL RECORD — HOUSE December 18, 1998 And, generally, it seems, the people who peachment proceeding has not been fair and partisan lines. This is not healthy, and I be- elected him accept that apology and want to it has not been founded on a search for real lieve that the Framers would not want it so. move on. They do not favor impeachment. justice. I cannot condone Mr. Clinton's actions But that does not diminish one iota my own They do not favor removing him from office. in the Lewinsky affair. But neither can I con- responsibility to stand and be counted. The Framers of our Constitution were wise done abuse of a hallowed constitutional proce- I reject categorically the argument that there men. They rightly constructed the House of dure that makes a mockery of all our nation are different standards for impeachment where Representatives to be the legislative body stands for. I will vote no on the impeachment. the President is concerned. We can not be most reflective, most responsive and most Mr. SENSENBRENNER. Mr. Speak- guided by situational ethics that can destroy connected to the citizens. This is the reason er, I yield such time as he may con- one constitutional officer and absolve another why House members have very short terms sume to the gentleman from Virginia from the consequences of destructive conduct. and face re-election every two years. This is (Mr. DAVIS). Over the past decades at least 2 federal the reason why the Framers required House Mr. DAVIS of Virginia. Mr. Speaker, judges have been impeached for perjury members be directly elected by the people but I include for the RECORD a statement. unconnected to their judicial duties. The con- not Senators (who originally were elected by It will be available on my web page for stitutional standards for impeachment are not state legislatures) or the President (who even constituents and the press as well. lower for the President and we must not allow today is affirmed by the Electoral College). Inspired by Providence, our Nation's Found- them to become lower for the President. My The Framers wanted to strongly impress upon ers foresaw today's awesome circumstances. reading of the case law does not support the House members that they held the power of They provided a fail-safe mechanism in the conclusion that we have a double standard for the people in their hands and were respon- Constitution to peacefully resolve the crisis federal judges who are appointed, and another sible for representing it faithfully and truthfully. created by a President's reckless and illegal for the President, who carries an election I must be true to this obligation. I have lis- actions. As a Member of Congress I feel mandate with him. tened to the impeachment hearings. I have deeply the weight of history and the need to My vote will reflect my conclusion that the read the Starr report. I have sought out legal provide additional guidance to future genera- President committed perjury before a federal experts and constitutional scholars for guid- tions. grand jury, and that this is an impeachable of- ance on the technical aspects of the impeach- After painstakingly reviewing the testimony fense. The President's statements were per- ment conundrum. I have noted the national and the documentary evidence, after giving jurious, not just misleading. I have read and the President every reasonable benefit short polls. But mostly, I have listened hard and re-read the President's testimony before the of suspending common sense itself, I have de- long to persons in this Central Coast commu- grand jury and in the Paula Jones civil rights cided that I will vote for impeachment. As ex- nity on their views of the Clinton-Lewinsky af- case. There is no blinking at the fact that the cruciating as this has been, there is no escap- fair. President lied under oath. Ironically, this con- ing the conclusion that President Clinton ``will- I will not vote for impeachment because I clusion is supported by many of the Presi- fully provided perjurious, false and misleading believe the majority of people living in our dent's defenders who have argued in effect testimony to the grand jury'' and ``in sworn tes- area do not want it. that a full admission cannot be made for fear Since August, when the President appeared timony to written questions asked as part of a of legal exposure. Moreover, many of the before the Grand Jury, I have been accused Federal civil rights action brought against him, President's supporters concede the President of being silent on this matter. Silent, no. Keep- willfully provided perjurious, false and mislead- ing my counsel, yes. I have been reticent until ing testimony'', as stated in the impeachment perjured himself, but argue that such perjury just recently to commit myself on the matter articles. didn't rise to the standard of impeachment. Moreover, the President was appropriately because we are dealing with grave constitu- The Declaration of Independence, which admonished by Senator ORRIN HATCH, Chair- tional matters that impact the very fabric of our Abraham Lincoln at Gettysburg informed us man of the Senate Judiciary Committee, that government. These are not decisions to be was the Nation's birth, calls upon us to have whatever false statements were made in the taken lightly and I wanted to be sure of all the a ``decent respect'' for the ``opinions of man- Paula Jones case would be forgiven, if he facts of the matter before declaring a position. kind'', which we today call public opinion. A Having held my tongue now for these many ``decent respect'', not slavish pandering, not merely told the truth in his Grand Jury appear- months I must relate to you that I believe as abdication of our Oath of Office to uphold the ance. Despite this ``second chance'', the Presi- almost everyone, that what Mr. Clinton did Constitution, and not relinquishment of our sol- dent failed to do so. was wrong. But impeachable? No. Impeach- emn obligation to filter opinion through our I have given the most serious consideration ment is a punishment to be used only in the own value systems. I have that decent re- to the suggestion that censure is a more ap- most extreme cases when the action of the spect, and am grateful to all those who have propriate punishment for the president and a President is such that it undermines our gov- taken the trouble to communicate their views better outcome for the nation. It is in my na- ernment. It is a punishment to be used in to me and my office. ture to find common ground where com- cases when the action of the President is such As difficult a task as it is, we must take this promise is possible. The Constitution simply that he has turned the institutions of the gov- issue outside the realm of current public opin- does not permit the House to take a conven- ernment against the very people that it is sup- ion. What we are struggling to insure is that ient way out, nor should we. Under the Sepa- posed to serve. It is a punishment to be used we have an objective standard of public con- ration of Powers mandate we are forbidden to when the people of the country must be re- duct for public officials. We would descend impose sanctions on the President short of im- lieved of the President'sÐtheir President, the into chaos if we had one standard of conduct peachment. Also, strictly from a common President they electedÐleadership because when the economy is good and another when sense standpoint, a resolution of censure his continued tenure would be harmful to the the economy is not goodÐone standard for a would carry all the legal weight of a congres- citizenry. popular president, another for an unpopular sional designation of ``National Sweet Potato Impeachment is not a tool to be used to ex- one. Week''. And historically, the House has never press one's displeasure in the personal foibles The Constitution of the United States pro- passed a censure resolution against a Presi- of a man regardless of his position. It should vides in Article 1 that ``The House of Rep- dent. With no sanction, as censure resolution not be used to rain retribution on one's politi- resentatives shall have the sole Power of Im- is a toothless tiger. cal opponents or used for political gain. It is peachment'', that ``The Senate shall have the What about a sanction the President agrees not the way to treat the American people who sole Power to try all impeachments'', and that to? At this stage in the process the House can have chosen their leaderÐnot once, but ``Judgment in Cases of Impeachment shall not not permit the President to be in effect his twiceÐa leader in whom they have placed extend further than to removal from office and own judge, and to set the terms of his own their confidence, knowing even then of his disqualification to hold and enjoy any Office of punishment and the amount of his own fine. propensities to untoward personal behavior. honor, Trust or Profit under the United States: That would be the very height of cynicism. By The crimes of which Mr. Clinton is accused but the Party convicted shall nevertheless be voting for impeachment the matter will be do not rise to the level that demand he be re- liable and subject to indictment, Trial, Judg- moved to the Senate for what I hope will be moved from office. They are such that in the ment and Punishment, according to Law.'' As an expeditious resolution, and one that will be normal world, it is unlikely they would be pros- is now well known, the Constitutional standard fair to the Nation and the Chief Executive. ecuted. Common crimes call for common jus- for judges and the president alike is treason, This is a vote for the children and for the fu- tice. They do not call for extraordinary means bribery, and other ``High Crimes and Mis- ture. Somewhere in America today is a young outside the traditional justice system. demeanors.'' person just becoming interested in govern- Our country was founded on the principles It is a matter of great concern to me that the ment who will one day be President of the of fairness. This whole investigation and im- process appears to be breaking down along United States. This vote is for that future December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11849 President as much as for the current occupant Democratic colleagues to support the lessen the standard for future genera- of the White House. This vote reaches across Republican request for an inquiry. I did tions. the generations, across the barriers of time so because I really had grave reserva- This week, the House of Representatives and place to let that future president know that tions about what the President had will vote on four Articles of Impeachment that there are consequences for illegal conduct done. I truly believed that there may the House Judiciary Committee, on party-line and parameters of illegal activities. We are be indeed an impeachable offense. I lis- votes, has adopted concerning the actions of setting that example as we light the constitu- tened with an open mind and hoped for President Clinton with respect to his improper tional torch for a new generation. I would also fairness and openness in the hearings. relationship with Monica Lewinsky. note that the President's private conduct is not Unfortunately, I was very dis- This is am important matter. What President the issue. Private conduct between consenting appointed because I looked for clear- Clinton did was wrong. He was wrong to have adults is in no way the business of congres- cut evidence that would show me and an affair with an intern and he was wrong to sional impeachment action. It is his public con- my people in Rhode Island that indeed mislead the Grand Jury and to lie to the Amer- duct that is at issue. there was an impeachable offense. We ican people about his conduct with Miss This vote is a signal to our armed forces, did not come to that conclusion. Lewinsky. He must be punished appropriately. whose Commander-in-Chief the President is, So I researched and looked back, and I say this because I firmly agree with the as- that we the peoples representatives are hold- back just 211 years Alexander Hamilton sertions that have being made that no one is ing the President himself to the same standard said in regard to impeachment, ‘‘In above the law. My colleagues in the Majority of conduct that we expect from them. many cases it will connect itself with have sought to claim for themselves the man- This vote is a signal to civilians, that we rep- preexisting factions and will enlist all tle of the rule of law. In fact, however, I be- resentatives will uphold their rights as we hold the animosities, the partialities, the lieve that they have strayed far from the man- the President to the high standard the country influence and the interest in one side dates of the U.S. Constitution, the supreme expects from all its free citizens. or the other. And in such cases it will law of the land. They have tried to make the As this solemn vote approaches, it is impor- always be dangerous that the decision case that if we do not impeach President Clin- tant for the world to realize that the underlying will be regulated more by a comparison ton, we will be sending the message that the stability of our free Nation is stronger than of strength of the parties rather than President will not be held responsible for his ever. I am confident that history will view our the demonstration of innocence or actions. Nothing could be further from the truth. actions as consistent with the high ideals so guilt.’’ many generations have struggled to achieve. Mr. Speaker, I ask all of you to con- Whether or not the Congress votes to im- Mr. SENSENBRENNER. Mr. Speak- sider that because today it is the im- peach or convict him, President Clinton will be er, I yield 1 minute to the gentleman subject to both civil and criminal prosecution partiality of partisanship and we from Alabama (Mr. ADERHOLT). when he leaves office. In addition, the Con- should be really considering the evi- Mr. ADERHOLT. Mr. Speaker, it stitution explicitly states that a person who is dence. It is not there. Please do not gives me no pleasure to rise this after- impeached and convicted ``shall nevertheless vote for these articles of impeachment. noon in support of impeaching our be liable and subject to indictment, Trial, Judg- Mr. CONYERS. Mr. Speaker, I yield 1 President, William Jefferson Clinton. ment and Punishment, according to Law.'' Re- minute to the gentleman from Maine But make no mistake about it, it is gardless of what action the Congress does or Bill Clinton who has brought us to (Mr. BALDACCI). (Mr. BALDACCI asked and was given does not take, President ClintonÐlike every where we are today. And the issue here other citizenÐwill be held accountable in court permission to revise and extend his re- is not the relation that Bill Clinton for his alleged violations of the law. marks.) had with Monica Lewinsky but rather When the Founding Fathers were drafting Mr. BALDACCI. Mr. Speaker, my col- the credibility and the honor under our Constitution, they considered carefully the leagues, the majority has sought to oath that must exist within the insti- provisions for impeachment. In fact, in the claim for themselves the mantle of the tution of the Presidency and which has Federalist Papers No. 65, Alexander Hamilton rule of law. In fact, however, I believe been squandered by the current occu- talks about the concern that a House of Rep- pant of this high office. they have strayed far from the man- resentatives dominated by one political party There are absolute applicable stand- dates of the United States Constitu- would impeach a president of the other politi- ards by which we all must live. If we do tion, the supreme law of the land. They cal party without sufficient cause or proof. He not live up to those standards, we will have tried to make the case that if we expressed concern about the shock and dis- no longer be that nation which stands do not impeach President Clinton, we ruption such an act would cause to our politi- as a beacon of hope for all the world. will be sending a message that the cal system. This President has backed up his words President will not be held responsible The Framers set a very high threshold for of repentance with action that can for his actions. presidential impeachment. They consideredÐ only be characterized as stonewalling. Nothing could be further from the and rejectedÐseveral lesser standards for im- There are many who say that the truth. Whether or not Congress votes peachment, including ``maladministration'' and President, what he has done, is no big to impeach or convict President Clin- failure to display ``good behavior.'' Instead, as deal and that anyone would do the ton will be subject to both criminal we all know, they defined impeachable of- same. As a relatively young man, I re- and civil prosecution when he leaves fenses as ``treason, bribery, or other high member a time in this great Nation office. crimes and misdemeanors.'' when those endowed with public trust In addition, the Constitution explic- Impeachment of the President is a profound and those that were elected to public itly states that a person who is im- action. It should be reserved for the most seri- office were held to a higher standard. peached and convicted shall neverthe- ous of cases, where the wrong-doing by the Today, with this vote, we take a step less be liable and subject to indict- President represents an abuse of the power of toward restoration of honor and re- ment, trial, judgment, and punishment the office. The matter at the root of this situa- sponsibility. according to the law. tion is a private one, not related to the Presi- Mr. CONYERS. Mr. Speaker, once Regardless of what action the Con- dent's conduct of his official duties. I am con- again the exigencies of time have re- gress does or does not take, President vinced that the Framers' intent in developing quired me to apologize in advance to Clinton, like every other citizen, will the standards for impeachment was to limit my colleagues because I am now going be held accountable in court for his al- impeachable offenses to those that represent to have to limit all of them to 1 leged violations. a threat to the republic. I do not believe that minute. I recognize my friends that Forget not that when President standard has been met in this case. have been waiting so long. Nixon stepped down from office he still When Independent Counsel Starr presented Mr. Speaker, I yield 1 minute to the had to be pardoned because of the his report to the Congress, I supported moving gentleman from Rhode Island (Mr. crimes he committed. He could have forward with a focused inquiry. While I did not WEYGAND). been held responsible for it. The Presi- endorse the precise resolution that passed the (Mr. WEYGAND asked and was given dent, under the Constitution, is the House, I agreed that this was a serious matter permission to revise and extend his re- only one that is allowable for double that should be further considered by the Judi- marks.) jeopardy. ciary Committee. Mr. WEYGAND. About two months I ask my colleagues that this matter Since the beginning, I have said that above ago, Mr. Speaker, I rose with 30 of my is so important that we do not want to all, we must conduct our inquiry in a fair and H11850 CONGRESSIONAL RECORD — HOUSE December 18, 1998 deliberate manner that is worthy of the seri- The global economy is volatile. The Impeachment. I have not reached this decision ousness of the situation and that will not set average American today is working lightly, but with the full understanding of the precedents that will weaken the Office of the longer hours for lower wages. We have effect my vote will have on the future of our Presidency in the future. I regret that did not the widest gap between the rich and country. I am not pleased to cast these votes. happen. The party-line votes on the Articles of the poor, and we are voting today per- I regret it has come to this. Impeachment expose the partisanship that has haps to paralyze our government as the The polls overwhelmingly show political sup- been present throughout this case. When the Senate explores the President’s extra- port for the President, but I cannot be gov- full House votes on the Articles, I expect that marital relations and his lies and his erned by the polls in this matter. The constitu- it will be one of the most partisan and divisive cover-up of that relationship. tional framers did not place this decision in the votes we will have had on any controversial Mr. Speaker, Bill Clinton acted de- hands of the pollsters; they placed the ques- issue in this Congress. plorably in his personal behavior. But tion of impeachment in the hands of the In fact, we seem to be right back at the what the American people are saying House of Representatives, and ultimately the place feared by the authors, of the Federalist loudly and clearly is, let’s get on with decision to let the President remain in office Papers, where one political party is seeking to the business of the American people. with the Senate. In their phone calls, letters, e- impeach the popularly elected President who Mr. Speaker, I rise today as the only Inde- mail, and in personal conversations, my con- is of another party on partisan grounds. The pendent in the HouseÐsomeone who is not a stituents are overwhelmingly in favor of a vote Majority, while claiming to embrace the rule of Democrat or a Republican. to impeach the President. But even if they law, is in fact going against the highest law of There is a great political instability in the were not, I would still be duty bound to sup- the land, the Constitution. They are also ignor- worldÐwars and famine in Africa, tensions in port all four Articles of Impeachment. ing the clearly articulated wish of the American the middle-east, in Bosnia, in Latin America, in At the beginning of the process, Judiciary people: that President Clinton be condemned IrelandÐand a war being fought as we speak Chairman HENRY HYDE asked, ``Based on for his wrong-doing, but that he not be im- in Iraq. There are weapons of mass destruc- what we now know, do we have to look fur- peached. I do not expect that history will look tion in place all over the worldÐnuclear weap- ther, or look away?'' At that time, I voted to kindly on the Majority's handling of this matter. ons, biological and chemical weaponsÐall of look further, because I believed the allegations I have examined the evidence in this case which can destroy the world. of perjury and obstruction of justice were seri- carefully. I have read the grand jury testimony And we are voting today to impeach a ous and credible. Nothing we have heard or and the report of the Independent Counsel. I President has extra-marital sexual relations, seen since has changed my mind about those have spoken to many of my constituents per- lied about them and attempted to cover them allegations. sonally, and have read the letters, e-mail mes- up. Since the actual impeachment hearings sages and records of phone calls from hun- Mr. Speaker, Bill Clinton acted deplorably in began, I have heard many witnesses engage dreds more. I have studied the Constitution his personal behavior with a 22 year old in- in legal hairsplitting over the meaning of the and listened to scholars argue both sides of tern. What he did was wrongÐand he should words ``is'' and ``alone.'' I have also heard the the issues. I have weighed the matter in my be censured. He should not be impeached, President's own lawyer acknowledge that a own mind and wrestled with it in my own con- however, and the United States Congress reasonable person could conclude the Presi- science. should get on with the business of the Amer- dent did, indeed lie under oath. I have reached the conclusion that I must ican people. Some witnesses have testified that, even if oppose the Articles of Impeachment that are Mr. CONYERS. Mr. Speaker, I yield true, the alleged offenses of President Clinton before the House. The potential impeachment 15 seconds to the gentleman from New are not as serious as the alleged offenses of and removal from office of a popularly elected York (Mr. NADLER) a member of the President Nixon. I do not believe that, but President is a very serious matter. I have committee. even if I did, it would not matter. carefully considered the President's conduct, Mr. NADLER. Mr. Speaker, the gen- We need to ask ourselves whether the and have determined that, in my mind, it does tleman from California (Mr. ROGAN) a President is only required to avoid abusing the not rise to the level of ``high crimes and mis- few moments ago said that an impeach- power of his office to avoid impeachment? demeanors.'' What President Clinton did was ment vote is not a vote to remove the Should we allow the President to avoid im- wrong, and I believe that he should be pun- President but simply to charge him. peachment even with substantial evidence in- ished. But I do not believe that his mistakes I read from the resolution: ‘‘Where- dicating he has committed multiple felonies? warrant his removal from office. fore, William Jefferson Clinton, by Should we allow the President to avoid im- I believe that a more rational response to such conduct, warrants impeachment peachment even if these felonies go to the the President's actions would be a strongly and trial and removal from office’’; in very heart of our judicial system? worded resolution of censure. It is often said addition to which we are already being Although I am disappointed by the personal that the punishment must fit the crime. I sim- told he should resign rather than face a conduct of the President, I want to make it ply do not believe that impeachment, which trial. clear I am not voting to impeach the President nullifies the vote of the people in a popular Mr. SENSENBRENNER. Mr. Speak- for having an extramarital affair, or even for election, is an appropriate punishment for a er, I yield myself 15 seconds. lying about having an extramarital affair. matter that does not involve an abuse of We have heard all of these prophets But a president does not have the right to power. of economic doom and gloom if the lie under oath. A president does not have the For those reasons, I will cast my votes House discharges its constitutional right to obstruct justice. A president does not against impeachment. I would once again urge duty today in impeaching the Presi- have the right to obstruct a congressional in- my colleagues in the Majority to put aside par- dent. The Nasdaq hit an all-time high. quiry. A president does not have the right to tisanship, and to bring to this House a biparti- I think the markets are smarter than lie to the Ameican people who elected and san censure resolution with which we can lay some of the people who are making trusted him. We have the obligation to send a this matter to rest and get on with the busi- these accusations. clear message to the President, to the Amer- ness of the American people. Mr. SENSENBRENNER. Mr. Speak- ican people, and to the world that no one is Mr. CONYERS. Mr. Speaker, I yield 1 er, I yield such time as he may con- above the law. minute to the gentleman from Ver- sume to the gentleman from Nebraska We are all tired of this process. There are mont (Mr. SANDERS). (Mr. BARRETT). so many issues out there needing our atten- Mr. SANDERS. Mr. Speaker, I have (Mr. BARRETT of Nebraska asked tion. But we can't just wish this away. never fully appreciated before just how and was given permission to revise and All the evidence we have before us clearly out of touch this institution is with the extend his remarks.). indicates the President's conduct dem- needs of the American people. Mr. BARRETT of Nebraska. Mr. onstrates a willful contempt of the judicial sys- Forty-three million Americans have Speaker, I thank the gentleman for tem of the United States, the essential founda- no health insurance. Millions of senior yielding. tion of our democracy. The President's con- citizens cannot afford their prescrip- I rise in support of all four articles of duct demonstrates a willful contempt of the tion drugs. And this House is going to impeachment. House of Representatives. The President's vote to send to the Senate for a trial to Mr. Speaker, after careful consideration of conduct demonstrates a willful contempt of the go on month after month after month the facts reported by the Judiciary Committee, people of the United States. The President's to discuss where Bill Clinton touched I have decided it is my constitutional duty to conduct demonstrates a willful contempt to the Monica Lewinsky. cast my vote in support of all four Articles of office he holds. It is for these reasons that I December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11851 must vote to support all four Articles of Im- lican and Democratic approaches to the Fed- It is clear to me that the President has done peachment. eral Government. As a Republican, I believe in and continues to do everything in his power, Mr. SENSENBRENNER. Mr. Speak- a Federal Government of sharply limited pow- both legal and otherwise, to derail the legal er, I yield such time as he may con- ers. The limits to these powers are clearly ex- process and to obstruct the pursuant of jus- sume to the gentleman from Georgia pressed in the Constitution. Each of the three tice. Now, the House must decide if it will le- (Mr. COLLINS). branches is granted clear, limited powers to gitimize the President's actions or condemn Mr. COLLINS. Mr. Speaker, I include serve specific governmental functions. them in the only manner provided by the Con- for the RECORD the following state- With regard to the powers of the legislative stitutionÐimpeachment. The demands of both ment supporting the articles of im- branch relative to he executive branch, the my conscience and my constituents re clear. I peachment: Constitution is clear. While Article I of the will cast may vote in favor of impeachment. Mr. Speaker, I rise today in support of the Constitution provides both the House and the I would like to close by again submitting for impeachment of President William Jefferson Senate the open-ended authority to ``punish its the RECORD the following words of President Clinton as recommended by the House Com- Members for disorderly Behavior,'' the provi- Theodore Roosevelt. mittee on the Judiciary. This is a decision that sions for impeachment are much more strictly We can afford to differ on the currency, the I have not reached lightly.I have carefully re- limited. Article I states ``Judgment in Case of tariff, and foreign policy; but we cannot af- viewed the evidence against the President, Impeachment shall not extend further than the ford to differ on the question of honesty if we and I am convinced that he perjured himself in removal from office, and disqualification to expect our republic permanently to endure. the Paula Jones deposition and before the hold and enjoy any Office of Honor, Trust or Honesty is * * * an absolute prerequisite to efficient service to the public. Unless a man grand jury. Furthermore, the President has lied Profit under the United States.'' Unlike the pro- to this House and to its Members and contin- is honest we have no right to keep him in vision dealing with Members of Congress, this public life, it mattes not how brilliant his ues to mislead the American people in a clear provision specifically limits Congressional attempt to subvert and obstruct justice under capacity. Without honesty the brave and sanctions to removal and disqualification. able man is merely a civic wild beast who the very laws that every American President Therefore, it seems clear to me that censure should be hunted down by every lover of takes a solemn oath to execute. is a valid option for punishing Member of Con- righteousness. No man who is corrupt, no The President has violated his oath and has gress, but should not apply to the President. man who condones corruption in others, can violated federal law. If Congress turns away If this House were to pass a censure resolu- possibly do his duty to his community. If a and does nothing, the meaning of the Presi- tion, there is no guarantee that it would not be man lies under oath or procures the lie of an- dential oath and the strength of the rule of law other under oath, if he perjures himself or expunged by a future Congress (as well as in this country will be permanently diminished. suborns perjury, he is guilty under the stat- done in the case of Andrew Jackson) or over- The oath will, in effect, be reduced to a casual ute law. Under the higher law, under the turned by the Supreme Court. They only ac- commitment to administer and enforce the great law of morality and righteousness, he tion that this House can take that will be both laws only when hey serve the President's per- is precisely as guilty if instead of lying in a permanent and Constitutional is impeachment. court, he lies in a newspaper or on the sonal and political ends. The law will apply Many of us on both sides of the aisle agree stump; and in all probability the evil effects only to those who do not have the political that the President has not been honest in an- of his conduct are infinitely more widespread power and influence to escape its require- swering legitimate questions asked under and more pernicious. We need absolute hon- ments. oath. In spite of the President's dishonesty, esty in public life; and we shall not get it I have spent six years in the house working until we remember that truth-telling must to insure that the laws that are applied to some Members, lawyers, and professors sug- go hand in hand with it, and that it is quite every American taxpayer and business are ap- gest that because the President's statements as important not to tell untruth about a de- plied equally to the Congress and agencies of may not meet the strict legal standard for per- cent man as it is to tell the truth about one the federal government. This was a central jury, he should not be impeached. I disagree. who is not decent.’’ (from The Strenuous While I may not be a lawyer or a history Life) idea in the Contract with America, and I am professor, I do have a fair share of common Mr. SENSENBRENNER. Mr. Speak- not prepared to abandon it today. It is also important to note that we have sense. Common sense tells me that if some is er, I yield such time as he may con- troops stationed around the world to protect dishonest while giving legal testimony under sume to the gentleman from New Jer- peace and civil order in nations in which the oath, that person has violated the spirit, if not sey (Mr. PAPPAS). rule of law has failed. The primary threat to the letter. If the perjury law. The law is there (Mr. PAPPAS asked and was given stability on the Balkan peninsula, for example to provide for the fair administration of justice permission to revise and extend his re- has been lack of respect for the rule of law. by insuring he legal process is based on accu- marks.) I believe such respect starts from the top. If a rate information. There is no doubt in my mind Mr. PAPPAS. Mr. Speaker, I stand in nation's leaders will not abide by the law, why the President has frustrated this goal by con- support of the four articles of impeach- should the rest of that nation do so? I find the sistently providing incomplete and inaccurate ment. President's hypocrisy striking. The President information after promising explicitly ``to tell the Mr. Speaker, over the past few months I seems to find it acceptable to send Americans whole truth and nothing but the truth.'' have paid careful attention to the testimony, to fight for the rule of law around the world, In 1974, the Arkansas Gazette quoted then statements and reports regarding the charges but he will not even respect it at home. Congressional candidate Clinton saying there against the President of the United States. Some Members have made the responsible was ``no question that an admission of making After reviewing all of the information avail- argument that this impeachment is a partisan false statements to government officials and able, I have come to the conclusion that in ``witch hunt,'' but I believe the division be- interfering with the FBI and CIA is an im- fact the President did commit perjury by lying tween Members supporting impeachment and peachable offense.'' He did not say false under oath and he did obstruct justice and those supporting censure is about much more statements were impeachable only if they met abuse his power by allowing White House offi- than partisan politics. Honestly, this proceed- the strict standard of perjury. He did not say cials to perpetuate his inaccurate statements ing is not about overthrowing the government. that they were impeachable only if the an- to them. We are not discussing taking power from the swers addressed issues of public policy. He This by no means was an easy decision for hands of one party and giving it to another. If said that making false statements to govern- me. It is a decision based on principle and President Clinton is removed from office, he ment officials is impeachable, and he was facts and not on poll numbers. It troubles me will be succeeded by Vice President GOREÐ right. that the Congress is forced to deal with these not exactly stunning Republican victory. Fur- Speaking of President Nixon, Candidate issues instead of working on issues that would thermore, I'm sure that most of us on the Re- Clinton argued, ``there's not any point in his improve the quality of life for the people of my publican side of the aisle understand politics putting the country through an impeachment district in Central New Jersey and of our na- well enough to know that President GORE will since he isn't making any pretense of inno- tion. be much more difficult to defeat in 2000 than cence now.'' Today, even some of the Presi- This issue has had quite a stir in my district Vice President GORE would be. Therefore, de- dent's strongest supporters in Congress no and I am sure almost every other district scribing the actions of those who support im- longer make the pretense that the President around the nation. It would be easy to poll the peachment as politically motivated just does has been honest in his sworn testimony. The issue and vote the ``politically popular'' way, not make sense. There is no political advan- President should hold himself to his own but I was elected to cast votes based on prin- tage to be gained by unseating the President. standard and resign. We know, however, that ciple and upholding the Constitution. I will do I believe the division we are experiencing is the President does not intend to do so, so just that today. Some have said that those a true reflection of the differences in Repub- Congress must do its duty. who cast votes in favor of impeachment may H11852 CONGRESSIONAL RECORD — HOUSE December 18, 1998 pay a political price in the future. While that I do want to take exception to the state- erence for the laws be breathed by every may in fact be true, our nation, our Constitu- ments from both sides that this is the most dif- American,Ðlet it be taught in schools, in sem- tion and the rule of law will pay an even great- ficult vote a Member of Congress will ever inaries and in collegesÐlet it be preached er and lasting price if we do not do the right cast. I completely disagree. I believe voting from the pulpit and proclaimed in legislative thing. whether we send young Americans to face an halls and enforced in courts of justice. And, in Time spent on this could have been spent enemy on distant shores is far worse. A vote short, let it become the political religion of the on saving Social Security, improving our edu- for war is much more grave. I would urge all nation * * *.'' cation system or seeking additional tax relief. of my colleagues to refrain from this inflam- Mr. SENSENBRENNER. Mr. Speak- But let me make it very clear that there is one matory statement to keep things in proper per- er, I yield 4 minutes to the gentleman person who is ultimately responsible for where spective. from Tennessee (Mr. JENKINS), a mem- we are today and the person is the President A vote for impeachment is very serious but ber of the Committee on the Judiciary. himself. the Constitution creates the outline for this Mr. JENKINS. Mr. Speaker, the gen- It was President Clinton who misled the vote. It creates a process of succession. If Bill tleman from Florida (Mr. STEARNS) and people of our country, his cabinet and the Clinton is impeached and removed, his vice others in this House tonight have made Congress since last January. It was the Presi- president AL GORE assumes the responsibil- a very good point about the defense dent himself who chose to commit perjury ities of the presidency. This is peaceful. Dur- that has been made in this case. while under oath. So let me be very clear on ing World War II we lost our president and still In the committee and again here why I have come to my decision. It is not won the war. After a terrible civil war, our today, the defense employed does not about sex. presidency survived the loss of President Lin- consist of a denial of the charges or an The President's personal behaviorÐalbeit coln. This was peaceful. Our Constitution and explanation of the behavior that is in- reprehensible and inappropriateÐis not the the American people's resolve to see an or- volved but rather it is an admission of issue at hand nor is itself an impeachable of- derly transition vitiate any argument I have the acts by many defenders and it is fense. Rather, my decision to support the arti- heard about how disruptive a potential im- coupled with almost certainly attacks cles of impeachment revolves around the peachment would be. on the special counsel, attacks on the President's public behavior. The President It is clear that our three-branch form of gov- Committee on the Judiciary, and at- made his private life and private inappropriate ernment as created by the Constitution was tacks on the entire Congress. And actions public when he lied about them under done so in order to establish a set of checks today that defense has been expanded oath in a public court of law. and balances. The framers did not want a to plead that our military forces would As I said, my decision is not based on sex King. We created lots of checks on the Presi- not want us to consider this matter at and not based on the President's private life. dent in order to ensure this. If we give in to this time. There are elected officials in both parties that the line of argument that a President who A great Air Force officer, our col- have committed indiscretions. The difference commits crimes is above the law, simply on league the gentleman from Texas (SAM however is very clear. In the case before us the basis of polling, we have completely de- JOHNSON), who spent 7 years as a pris- the President lied under oath in court. What if stroyed the framers' intent and done irrep- oner of war in Vietnam, who surely he had lied about another issue? Would that arable damage to the future of our nation and earned the right to speak to and refute and should that make a difference? I maintain the rule of law. Today some would argue that that defense, refuted it very capably that lying under oath is lying under oath no perjury and obstruction of justice do not rise to here today. matter the subject matter. An elected official's impeachable offenses, but if we let this slide Now let us hear from another great private life and actions are just thatÐprivate. then what will we let slide the next time and American soldier who uttered these But an elected official's public actions are just the time after that. This is a slippery slope that words. And these words were reprinted that as wellÐthey are public. a nation of laws cannot tolerate. in Roll Call magazine today. ‘‘Duty. Some have suggested that the House Across the nation, lawyers and legal schol- Honor. Country. These three hallowed should censure the president. What then ars are watching how we proceed. They are words reverently dictate what you would we say to the American citizens that waiting to find out if it is acceptable to lie ought to be, what you can be, what you this very day are in jail for committing perjury under oath. If it is alright for the President then will be. The unbelievers will say they in civil cases? I am sure that they too would how can we possible hold anyone else to a are but words, but a slogan, but a flam- like to have had censure as an option. But as higher standard? boyant phrase. Every demagogue, I said before, we are a nation of laws that I am one of the few members whose voters every cynic, every hypocrite, every each and every one of us must abide by. sent someone else back for the 106th Con- troublemaker will try to downgrade I think that most Americans, including many gress. However, I sincerely believe that the them, even to the extent of ridicule of my colleagues on both sides of the aisle majority of New Jersey's 12th district residents and mockery. But they build your agree that the President did in fact lie under do not want our President to be above the law basic character. They mold you for oath and commit perjury. With that as the con- or given special treatment. If we did what the your future roles as the custodians of clusion, there is no choice but to support im- president did, would we be treated the same? the Nation’s defenses. The long, gray peachment. I do not think so. line has never failed us. Were you to do It has been said that history will judge our The constituency that worries me the great- so, a million ghosts in olive drab, in actions. Before history judges us though we est in this debate is the school-aged children. brown khaki, in blue and gray would must ensure that the youth and citizens of our Recently, a student from the Montgomery Mid- rise from their white crosses thunder- nation respect the principle that that no one is dle School reminded me of the story about ing ‘duty, honor, country’.’’ above the law. I spend a great deal of time George Washington never telling a lie, cutting These are excerpts from General of speaking with young people who often ask me down the cherry tree and then taking respon- the Army Douglas MacArthur’s fare- about this. I tell them that we can and should sibility for it. What will the meaning of that well to the Corp of Cadets at West forgive each other because no one is perfect story be if President Clinton lies, is caught and Point on May 12, 1962. and we all make mistakes. Yet, there are con- is then excused for it? How should I answer Eleven years earlier, he was invited sequences of our actions. these students? to address a joint session of Congress, I have made my share of errors and will As such, I reluctantly rise today to say I will ending his 52 years of distinguished make more in my life. However, it is important vote for impeachment. I am hopeful that Mr. military service. He spoke of the cour- to come to terms with our shortcomings, Clinton will still resign before this vote is age and the sacrifice of so many Ameri- apologize, admit our wrongdoings and ask to counted; however, should he not, I refuse to cans who did not fail us, including be forgiven. A cleansing from within can then allow my last vote in this Congress to be a those who gave their lives defending begin and healing can occur. vote to allow a man in charge with enforcing our values and our way of life. We are a nation of lawsÐlaws that must be the laws, from being above the very same I would ask my colleagues, please re- followed by each of the citizens of our nation. laws. member the words of this great soldier Realizing that there is not one law for the I want to close with a quote from Abraham as they consider the merits of the alle- elected and one for the non-elected, one for Lincoln. He said, ``Let every man remember gation and the defenses to the allega- those with power and another for those with- that to violate the law is to trample on the tion of this case. out, I have concluded that I have no choice blood of his father and to tear the character of Mr. CONYERS. Mr. Speaker, I yield but to support the articles of impeachment. his own and his children's liberty. Let rev- such time as he may consume to the December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11853 gentleman from Wisconsin (Mr. KLECZ- my opinion, the saddest day in the his- ever both what we say and do here today. KA). tory of the House of Representatives. It Neither history nor the American people will (Mr. KLECZKA asked and was given is also a sad day for America. look kindly upon those who here today permission to revise and extend his re- As one who long before coming to shunned the American people and the U.S. marks.) Congress practiced and studied con- Constitution. As I vote to oppose the impeach- Mr. KLECZKA. Mr. Speaker, I rise in stitutional law, I am convinced that ment of the President, my conscience is clear. opposition to the articles of impeach- the Framers of the Constitution be- It is important to me that history record me as ment. lieve that they could entrust to this a Member of Congress who did not do what Mr. Speaker, like all my colleagues, I have elected body the responsibility of de- was expedient, but what was right. spent a great deal of time carefully reviewing termining what constitutes treason, Mr. CONYERS. Mr. Speaker, I yield 1 the Judiciary Committee testimony and evi- bribery, or other high crimes and mis- minute to the gentleman from Rhode dence. Let me make absolutely clear that I do demeanors. I firmly believe that they Island (Mr. KENNEDY). not in any way condone the President's be- trusted us to place the interest of the (Mr. KENNEDY of Rhode Island havior. He lied to his family, his Cabinet, and American people on such an exalted asked and was given permission to re- the American people. plane that they never envisioned this vise and extend his remarks.) Mr. KENNEDY of Rhode Island. Mr. But the Framers made clear that the con- House removing a President from office Speaker, we have no right to stand stitutional act of impeachment is not meant to except for grievous transgressions here and debate the rule of law if we punish a president for deplorable behavior but against the government which elected cannot even extend to the President of to protect our Nation from acts which jeopard- him. the United States that same right of ize our democratic system. What the President I believe the Founders never envi- due process as required by our Con- did was wrong, both personally and morally, sioned this provision of our Constitu- stitution. but his acts did not threaten our democracy tion being used in such an unconstitu- The majority has replaced the notion and thus do not rise to the level of impeach- tional and unfair manner as to over- of due process with a notion that if we able offenses as defined by our founding fa- throw an election where the American just say something long enough it will thers in the Constitution. people have gone to the polls to vote become true. Today we will be remem- As Mr. Bruce Ackerman, a constitutional law and elect their President. bered for impeaching a president for and impeachment expert at Yale University, The action being taken in the ``People's punishment that does not fit the crime. testified before the Judiciary Committee, House'' today makes a mockery of the Con- Today we will be remembered for a po- ``Once we lower the impeachment standard to stitution and the electoral process which the litical mutiny of our Commander in include conduct that does not amount to a American people have fought and died to pre- Chief when our troops are in the field. clear and present danger to our constitutional serve. Those esteemed Founders, those archi- And today this Congress sends a mes- order, we will do grievous damage to the inde- tects of our Constitution, never envisioned sage that the constitutional scales of pendence of the Presidency. [T]here can be what is being done here today. I caution you justice can be tipped to one side if it little doubt that the present case falls short of that the act of impeaching this President suits the purpose of one political party. the standard set by the Framers when they in- today, while perhaps serving some narrow po- Four hundred respected historians sisted on `high crimes and misdemeanors litical purpose, will have consequences far be- have said that the presidency will be against the state.' '' yond the comprehension of any of us here permanently disfigured and diminished I do believe that the President should be today. The impeachment of this President by by today’s vote. Over 200 constitutional held accountable for his actions, and support the House and his subsequent trial in the Sen- scholars have argued that the senti- an alternative to impeachment that would both ate will be tantamount to once again shutting ment of these offenses does not rise to condemn his actions and fine him. The Judici- down the American government. This is the the level of impeachment. And two- ary Committee considered a censure resolu- message that you send the American people thirds of the American public have said tion which we in the full House are being de- today. The gridlock, disarray, chaos, crisis and the same thing. nied the opportunity to debate and vote on. paralysis which will envelop this government Mr. Speaker, Republicans, put our Many of my constituents have called and while the U.S. Senate tries a United States country before your party. been resolute in their belief that the President President is going to be wrenching and appall- Mr. CONYERS. Mr. Speaker, I yield 1 should be held accountable for his actions, ing. The American economy and world mar- minute to the gentleman from Illinois and I could not agree more. President Clinton kets are going to be affected by a Congress (Mr. DAVIS). is not above the law and is still subject to in- which will be stalemated in its inability to pass (Mr. DAVIS of Illinois asked and was dictment, trial, and sentencing in the same any legislation into law because 100 Senators given permission to revise and extend manner as all other citizens who do wrong. He are sitting in a room trying the President of the his remarks.) will be fully subject to criminal prosecution for United States from January through June or Mr. DAVIS of Illinois. Mr. Speaker, I his wrongful acts when he leaves office. July of next year. call this the nightmare before Christ- Our founding fathers designed impeachment The people in my congressional district are mas. And the American people find it specifically to protect the nation from grave angry and enraged over what is happening to difficult to believe that here we are on harm from a Chief Executive who clearly en- their President. They are good, decent, hard- this day talking about impeaching a dangers our constitutional democracy. I do not working people who love this country and care president who just came back from the believe the President's actions meet this test. deeply about a President who has shown con- Middle East almost with a peace ac- The penalty for his misconduct should be ex- cern for them. The people in my district have cord. This is not about impeaching Bill acted not through impeachment, but through heard the same evidence you have heard and Clinton. This is about trying to roll indictment in our criminal court system and a while they do not approve of what he did, they back the clock. This is about impeach- stern censure by the Congress. do not feel that he has harmed them or this ing affirmative action, impeaching Mr. CONYERS. Mr. Speaker, with Nation, by what he did. In their opinion, his ac- women’s rights. This is about taking apologies to my colleagues, I am now tions did not meet the constitutional standard America back rather than moving it reduced to only 1 minute for each of for impeachment of bribery, high crimes, or forward. them. misdemeanors. Through every means of com- I know how I am going to vote. My Mr. Speaker, I yield 1 minute to the munication, they have said to me, we are em- people have told me. I will not dis- gentleman from Ohio (Mr. STOKES). barrassed and ashamed of the House of Rep- regard the people who elected me. Sev- Mr. STOKES. Mr. Speaker, for 30 resentatives. They do not want their President enty percent of them have said to me, years I have served in this institution. impeached. Many constituents deem the act of protect the President, vote to keep this It is an institution which I have always a special prosecutor spending $40 million to President in office. loved, honor and revered. I have taken bring impeachment charges based upon sex- b pride in being able to speak from this ual activities to be loathsome and reprehen- 1715 well on many historic occasions. But it sible. It defies everything this Nation stands So, Mr. Speaker, I will not vote for is no honor today to speak and cast the for. this nightmare before Christmas, I will last votes of my career against a reso- Lastly, as I cast my last votes in this Cham- not vote for this lynching in the peo- lution to remove from office the Presi- ber and end my career as a Member of Con- ple’s House, I will vote against these dent of the United States. This is, in gress, I am mindful that history will record for- resolutions. H11854 CONGRESSIONAL RECORD — HOUSE December 18, 1998 Mr. Speaker, this is a serious time for our When we ``dumb down'' the Constitution to cause the process is not meant to be fair. The country. I urge my colleagues to do what is meet the needs of partisan politics we inflict process is meant to destroy. Every month, right and I ask that history be kind to us. deep and lasting harm on our political and every week, indeed every day, brings new ex- I rise in strong opposition to the articles of Constitutional system. This is the real Con- amples of the hypocrisy of these charges. impeachment presented by my colleagues stitutional crisis. I do not believe it is acciden- When, in the name of this House, secret from the Judiciary Committee. tal that all of our nation's encounters with grand jury testimony was released, in con- This resolution is an attempt to do through Presidential impeachment come following peri- tradiction to every understanding we have of parliamentary means what could not be done ods of great national turmoilÐeither the exec- individual rights and due process, the claim in the last two elections: unseat the President utive or legislative branch attempting to use was made that we had to inform and involve of the United States of America. extra-constitutional means of imposing its will the American People about the process. I ask my fellow colleagues, is this a high on the policy of the nation. But now, when the American People de- crime or just an act which lacks moral judge- Like the attempt to impeach President John- mand an end to the outrage of this impeach- ment? Did he really abuse his power. son in the wake of the Civil War and the de- ment process, their voices are ignored. Sud- Let me state here on the floor of the House bate over how to incorporate African Ameri- denly their informed opinion is no longer rel- what most Americans already know. cans into the body politic or the attempt of The impeachment of a sitting President of evant. President Nixon to undermine his political op- the United States of America is an ominous Why? Because the process was never ponents in the closing days of the War in Viet- and sober predicament that we as Members of meant to be fair or democratic. The process nam; current attempts to undo the results of Congress face. This formal expression of the was meant to destroy. two Presidential elections will leave deep, lin- United States of Representatives should not I reject, and the American People reject, the gering wounds on our nation, but, in the long be about sexual indiscretion. We have allega- pathetic whining about upholding the rule of run, will fail in their attempt to make an end tions of Presidential sexual indiscretions, some law. An unchecked prosecutor, accountable to run around the will of the people. going back 200 years and involving slave no one, with an unlimited budget, and a witch- Undoing our Constitution will not advance women who certainly had no defense against hunting committee have shredded any sem- the search for solutions to the great national predatory relationships. But no such impeach- blance of rule of law. They have undermined, and international problems facing America: ment inquiry has been initiated before. in a few short years, the protections that have This is not about lying. We have had allega- global economic crisis and growing economic taken our nation over two hundred years to tions of Presidential lying about the trading of inequality, the undoing of decades of struggle perfect. munitions for covert foreign aid and Presi- for racial equality in America, the resurgence And, in using and abusing the law on sexual dential lying about personal federal income of national strife around the world, the need to harassment, the witch hunters have created taxes. But no such impeachment inquiries address fundamental problems in health care, gaping holes in the law protecting women from were initiated in response. education, environment and housing, preserv- harassment. ing social security and a host of other critical Mr. Speaker, there are some in this House How ironic that President Clinton who issues. who have campaigned for the impeachment of brought together the people of Northern and I urge my colleagues to oppose this insid- this President for more than six years. Their Southern Ireland, who brought together the ious attempt to use, or rather misuse, the campaign, fueled by $40 million spent by the people of Israel and Palestine is a victim of power of impeachment. Office of Special Council, tens millions of rending and division of the American political Mr. Speaker, to the horror, outrage and dis- spent by private sources, and millions more system. belief of America, this Congress is about to spent by assorted Congressional Committees, But he is not the only victim. We are molest, to assault, the central pillar of our De- and the inevitable accompanying leaks have perverting and destroying the American con- mocracy, the right of the people to choose yielded us only a sad, sordid marital infidelity stitutional system, based on the wisdom of the their representatives in government, and vote and an endless supply of headlines. peopleÐa system we should be using to solve to remove the President of the United States. These relentless campaigns to impeach the our real problems: saving social security; cre- Why? I am convinced, and the American President now hold their sponsors hostage to ating jobs with a living wage; lifetime edu- People are convinced, that there are those their own rhetoric. Having failed to find an im- cation; accessible health care for all. who want to impeach the President as a peachable offense, there is now relentless This is our last chance to stop the ``Night- pressure to make do with the $60 million means of containing, delaying or terminating his efforts to carry out the mandate which the mare Before Christmas.'' scandalÐto make the scandal fit the bill. Some 50 years ago in the last days of Joe Mr. Speaker, our Constitution contains a American People have twice given him. Those McCarthy, Senator Fulbright stood in the Sen- number of examples of purposely ambiguous driving the process to remove him are frus- ate and reflected on the fact that a small language in addition to the phrase ``high trated by his mandate, and obsessed with group had set a prairie fire which rapidly grew Crimes and Misdemeanors.'' Consider such their fanatical desire to block programs from out of their control and destroyed everything in language as ``due process.'' affirmative action to energy assistance, to de- It is precisely such elegant and flexible lan- fund programs from summer jobs to one hun- its path. guage which has enabled our democracy to dred thousand new teachers. Today, we have a chance to stomp out an- develop, to encompass ever broader sectors I reject, and more importantly, the American other prairie fire, another witch hunt, which of Americans, in ever deeper and more em- People reject, the pious hand wringing and pit- threatens to grow rapidly out of control. powering ways. eous mutterings about the crime of perjury. Mr. Speaker, the American People are call- It is reasonable to expect that as the proc- Read the articles of impeachment as closely ing on this Congress, on every member of this ess of electing our chief executive has be- as you want. You won't find the actual words Congress, to rise above the shrill voices of come more and more democratic, alleged as perjury with a divining rod. partisanship. enfranchising more Americans, more and Why? The American People know that the Therefore, if I might paraphrase Winston more directly, that the process for removing allegations do not rise to the level of impeach- Churchill, let us feel the wisdom of the people, that chief executive, of undoing the will of the ment. and the strength of our ancestors. people, would demand higher and higher We do not allow such unspecified charges Let us stop the madness of those who seek standards. It is reasonable to expect that the on the floor of this House. Any Member of this to use impeachment to impose their political Congress should not take unto itself the power body who would accuse another would have will. Let us undertake our duty, and so bear to limit a President, in James Madison's words his words taken down for judgment by the ourselves, that if America lasts for a thousand ``. . . to a tenure during the pleasure of the body. Why weren't the President's words years, men and women will still say, ``This was Senate.'' taken down so they could be judged? Be- their finest hour.''

PROJECTED PROCEEDINGS BEFORE THE UNITED STATES SENATE IF THE HOUSE VOTES TO IMPEACH THE PRESIDENT The proceedings in the Senate on the articles of impeachment that the House exhibited against then United States District Judge Alcee L. Hastings provide the most recent and comparable precedents to guide the Senate in the proceedings against President William Jefferson Clinton that will take place if the House adopts articles of impeachment. The following outlines projects how the proceedings against the President would unfold if the House impeaches him based upon the proceedings in the Hastings case and the materials released by the Judi- ciary Committee during its inquiry into the President’s conduct. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11855

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I. Preliminary Proceedings A. The First Step. The House Managers would exhibit its articles to the Senate and the Senate would issue a summons to the President requiring him to respond within fifteen to thirty days and would ask the Committee on Rules and Ad- ministration to consider and report issues that need to be addressed and special rules that should be adopted for the conduct of the proceedings ...... 1 1 B. The Rules Committee. Since the Senate has not conducted proceedings against a President in the past century, the issues would be substantial. At least five steps would have to be taken before the committee could submit its report and recommendations to the Senate. 1. The committee meets and authorizes the Chair and Ranking Minority Member to send a letter asking the parties to file memoranda addressing issues identified by the Committee and other issues that either believes the commit- tee should consider, probably allowing twenty to thirty days for initial memoranda and ten to twenty days for re- sponses ...... 1 2 2. Each of the parties file memoranda...... 4 6 3. Each of the parties file memoranda responding to the other...... 6 9 4. The committee holds hearings on the issues raised...... 7 11 5. The committee deliberates and prepares its report and recommendations and any necessary resolutions...... 9 13 C. Pleadings and Motions. 1. The President. It is hard to anticipate the defense strategy the President will adopt, but the House Judiciary Com- mittee’s proceedings and recommended articles of impeach suggest that counsel for the President would file: a. Answer and Affirmative Defenses. Counsel for the President will raise at least one and probably two affirmative defenses—(i) the articles fail to allege facts sufficient to state an impeachable offense; and (ii) the misconduct of Independent Counsel Starr and the House’s reliance upon the products of that misconduct require that the articles be dismissed...... 3 4 b. Motion to Dismiss. The motion would enable the Senate to consider whether it should dignify the President’s improper conduct alleged in the articles of impeachment by classifying it as ‘‘High Crimes and Misdemeanors’’ under the Constitution...... 6 10 c. Demand for Bill of Particulars. The majority on House Judiciary Committee appear to shoot themselves in the foot by refusing to specify the precise statements made by the President that they claim were perjurious. If the pending articles are adopted, counsel for the President will demand and the Senate will almost surely order the House Managers to provide a bill of particulars. The real effect of the lack of specificity will further delay...... 6 10 d. Alternative Motion to Strike Particular Allegations. If the Senate does not dismiss the articles in their entirety, counsel for the President are likely to ask that the Senate, after the bill of particulars has been filed, strike specific allegations in the article that remains...... 6 10 2. The House. The House managers would be required to file a Replication to the President’s Answer and Affirmative Defenses and responses to the motions. If they opposed the demand for a bill of particulars, there would be a second round of briefing and further argument before the Senate after the House had complied with the Senate’s order, adding an additional two weeks to the process...... 8 14 3. The President’s Reply. Counsel for the President would file a reply and any supplemental memoranda made nec- essary by the House’s bill of particulars...... 10 16 D. Proceedings Before the Full Senate. The Senate would be likely to set aside two days to consider and act upon the re- port from the Rules Committee and to hear arguments on and decide the pending motions...... 12 18

II. Trial Preparation In Hastings, the Rules Committee recommended that the Senate appoint an Impeachment Trial Committee to regulate the prepara- tion for evidentiary hearings and to conduct those hearings. If the House adopts articles here, the evidentiary hearings will be conducted before the full Senate. It is likely that the Senate and the Chief Justice will agree that the trial preparation duties that were performed by the Impeachment Trials Committee should be assigned to the Rules Committee (or to a special impeachment committee appointed for that purpose). Although the counsel for the President would request that trial preparation be deferred until the Senate had ruled on the President’s motion to dismiss, the Rules Committee might determine that necessary preparation should proceed concurrently with other trial matters. However those duties were exercised, the steps would likely be the same. A. Discovery Proceedings: The need for discovery would be far greater in this case than it was in Hastings. Here, as it did in Hastings, the House Judiciary Committee relied primarily upon the report and materials transmitted to the House by another branch and upon the testimony of the investigator who prepared the report. Here, as it did in Hastings, the committee did not call and subject to examination and cross-examination the fact-witnesses identified by the Starr re- ferral or those who might testify on behalf of the accused or obtain from the Independent Counsel or elsewhere docu- ments other than those included in the materials transmitted. It is hard to conceive that the Senate here would not af- ford the President the time and the use of its subpoena power to take depositions and obtain relevant documents. Based upon Hastings and the materials available here, discovery would proceed in three stages. 1. Submissions by the Parties. If any articles remained after the motions to dismiss or strike had been decided, the Senate or a committee would have to decide whether and what discovery should be permitted. a. Counsel for the President would promptly submit a memorandum identifying witness and sources of documents that were likely to produce relevant evidence and explaining why the President should be permitted to sub- poena each of the witnesses and other source to obtain that evidence. At a minimum, it seems almost certain that the counsel would seek to depose (i) lawyers for Paula Jones about their initial conversations with Linda Tripp and with members of the Office of Independent Counsel (‘‘OIC’’) staff; (ii) the members of the OIC staff and FBI agents who met with or interviewed Linda Tripp and Monica Lewinsky; and (iii) other technical wit- nesses, such as those reconstructed materials from the hard drive in Ms. Lewinsky’s computer. It also seems certain that they would want access to the documents that the Independent Counsel did not transmit with his referral ...... 12 20 b. The House managers would be directed to file a response agreeing with or objecting to the President’s requests. 14 22 c. The Senate or its committee would examine the president’s request and the House’s response and hold hearings and enter the appropriate order directing the issuance of appropriate subpoenas...... 16 23 d. Independent Counsel Starr, Ms. Jones’ lawyers, or others subpoenaed might object to some or all of the sub- poena, in which event time-consuming enforcement proceedings would be necessary, at least three months...... 36 e. The depositions would be conducted and the documents produced and examined...... 16–24 36–44 B. Other Trial Preparation Proceedings: 1. The House managers and counsel for the President would propose stipulations or submit requests for admissions. The Senate or its committee would encourage the parties to stipulate at least to the authenticity and/or admissi- bility of various documents and other potential exhibits. Responses would be exchanged and negotiations would proceed...... 12 20 2. The Senate or its committee would direct the parties to file and exchange ten days after the close of discovery, pre- trial memoranda identifying witnesses each intended to call and exhibits each intended to introduce...... 25 45 H11856 CONGRESSIONAL RECORD — HOUSE December 18, 1998

Weeks Min. Max.

3. The Senate or its committee would enter a final pre-trial order establishing the date for and procedures to be fol- lowed at trial...... 26 46

III. The Trial of a President Rules XII and XIII of Procedure and Practice in the Senate When Sitting on Impeachment Trials provide that, unless otherwise or- dered, the proceedings shall commence at 12:30 p.m. on the first day and at 12:00 noon thereafter. In order to make it possible for the leg- islative and executive branches to tend to some of the government’s business and to enable the Chief Justice to participate in the oral ar- guments before the Supreme Court, it seems likely that the Senate would not schedule the evidentiary proceedings to begin before 12:30 or would permit them to extend beyond 6:30 p.m. on a regular basis. A. The Presentation of Evidence by the House Managers. The managers presented the testimony of thirty-seven wit- nesses in Hastings. Only twenty-seven appeared before the Impeachment Trial Committee. The managers were per- mitted to introduce transcripts of prior testimony for the other ten. The House managers are likely to call most if not all of the 120 witnesses whose statements or testimony are included in the materials transmitted by Independent Coun- sel Starr. Depending upon the success of pre-trial negotiations, it might have to call several more to establish nec- essary foundations and the like. Forty to fifty would appear to the minimum number necessary to support the allega- tions the proposed article have borrowed from the Starr Report. No prior testimony will be admitted. The videotaped deposition and the videotaped grand jury testimony will be shown in there entirety, and many of the Tripp tapes will be played given by the president. The examination and cross-examination of the twenty-seven witnesses the House pre- sented in Hastings consumed more than ten full days. If the President is impeached by this House, the presentation of testimony and other evidence will consume twenty [if forty witnesses called] to forty [120 witnesses] partial trial days before the full Senate...... 27–30 47–40 B. The President’s Case. It is impossible to project the number of witnesses that the President’s counsel would call for his defense with any confidence. The Starr Report was not a balanced presentation of the available evidence. It seems clear that the number would be substantial and would include many of the 120 persons whom were identified in the Starr Report, but were not called by the managers. They would present all of the Tripp tapes that the managers did not introduce. They would call witnesses whose conduct might have influenced the testimony of Ms. Lewinsky and other House witnesses and witnesses who had knowledge relevant to Ms. Lewinsky’s credibility. Twenty witnesses and ten days seems a safe minimum...... 31–32 51–52 C. The House Rebuttal. Given the passion and vigor displayed by Republican members of the Judiciary Committee, it seem likely the House managers would want to try to rebut the President’s case, no matter how tired and angry the American people may have become. Might we hope for only a day or two? ...... 33 53 D. Argument, Deliberations, and The Vote. Given the nature of the issues and the length of the projected trial, it seems likely that Senate would allot at least four hours to each side for closing arguments. Past precedent dictates that the Senate would close its doors to deliberate in executive session until its members have expressed their views. The vote would follow. With luck, the denouement might be completed in less than a week ...... 34 54

I call this the nightmare before Christmas We talk unification and practice divisionÐwe oaths, the marriage vow. Any lie told and Mr. Spaker, it is difficult to believe that we talk about morality and commit the immortal by a president about the people’s busi- are here today; But we are debating whether act of fundamental unfairness. ness is under oath, the presidential or not to bring charges of impeachment Mr. Speaker, I am not prepared to disregard oath of office. against the President who has just returned the will of the people, I am not prepared to It is not just one poll, but in all polls, from the Middle East where he was able to say that their feelings are irrelevant. I am by a two to one margin the American bring together Palestinians and Israelis, where going to vote my conscience. I am going to people say that when it comes to peo- he was able to bring together Netenyahu and vote with my people. I am going to vote ple’s sex lives even presidents’ sex Arafat. This President who was able to bring against impeachment. I am going to vote lives, government should mind its own together Northern and Southern Ireland, India against this nightmare before Christmas. business. and Pakistan. A President who has opened up I am going to vote against this attempted Mr. SENSENBRENNER. Mr. Speak- new avenues and relationships with the Afri- lynching in the people's house. er, I yield myself 30 seconds. can Continent, with China, and with other na- Mr. CONYERS. Mr. Speaker, I yield 1 Mr. Speaker, the gentleman from tions throughout the world. minute to the gentlewoman from Indi- Rhode Island (Mr. KENNEDY) says the During these proceedings we have heard a ana (Ms. CARSON). President was not given due process, great deal of legal argument but I submit to (Ms. CARSON asked and was given and exactly the opposite is true. The you that this is as much about politics as it is permission to revise and extend her re- chairman, the gentleman from Illinois about law. It's not just an attempt to impeach marks.) (Mr. HYDE), gave the President a stand- the President, it is an attempt to undermine Ms. CARSON. Mr. Speaker, we have ing invitation to appear before the and dismantle the policies and programs of dispatched and asked some of Ameri- Committee on the Judiciary. He did this administration. This is an attempt to im- ca’s women and men to place them- not accept that offer. peach and hold back Affirmative Action, wom- selves in harm’s way and degrade Sad- Mr. KENNEDY of Rhode Island. Mr. en's health rights, new teachers, summer jobs dam Hussein’s capacities in weapons of Speaker, will the gentleman yield? for disadvantaged youth, energy assistance for mass destruction. Simultaneously, we Mr. SENSENBRENNER. No. low income people, community health centers, placed the citizens of America in Mr. KENNEDY of Rhode Island. Mr. treatment programs for victims of aids and harm’s way by utilizing political weap- Speaker, the gentleman has named me HIV, clean air, and raising the minimum wage. ons of mass destruction to degrade and and my—— No Mr. Speaker, this is not just about Bill Clin- destroy the President of the United Mr. SENSENBRENNER. Mr. Speak- ton it is about dashing the dreams and the States. Lyndon Johnson said, ‘‘The dif- er, I have the floor. hopes of one growing up in a small state, an ference between Democrats and Repub- Mr. KENNEDY of Rhode Island. Is average citizen, in an average family, no pedi- licans is that we don’t hate your Presi- not perjury a legal term? Has the gen- gree, no major wealth, but growing up with dents.’’ tleman defined perjury in a court of hope, drive and determination, growing up Some say this is not about sex; it is law, or is it just his constant repetition with the idea that you can rise to the top and about lying under oath. Lying under that the President has lied? that you can make a difference. This vote oath about sex is still about sex, and The SPEAKER pro tempore (Mr. today is a prime example of the contradictions the only reason it is about sex is that LAHOOD). The gentleman from Rhode with which we operate. our colleagues could not find anything Island is out of order. We talk justice and operate in an unfair and else to get on him. Mr. SENSENBRENNER. Mr. Speak- unjust manner. We talk democracy and dis- Any extramarital affair, whether by er, the President’s lawyers had up to 30 regard the will of the people. a president or a Member of Congress, is hours to present their defense. Mr. We talk forgiveness and practice retribution. lying under oath, the most sacred of Starr had 121⁄2 hours. December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11857 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tergate, only for most to conclude correctly the committee, there were no specific The SPEAKER pro tempore. The that the two scandals have little in common. perjury quotes, no specific alleged lies Chair will remind all persons in the But they do have one aspect in common that cited in the articles, and I ask the Re- gallery that they are here as guests of I think has been overlooked. In a rare moment publicans do they deny the President the House and that any manifestation of personal insight, Richard Nixon concluded admitted to an inappropriate relation- of approval or disapproval of proceed- that he had destroyed himself by hating his ship to the grand jury? Is their beef ings is in violation of the rules of the enemies back. I am afraid that President Clin- that he was not graphic enough about House. ton fell into the same, all too human, trap. who touched him where? The gentleman may proceed. Blinded by his contempt for people who he Mr. SENSENBRENNER. Mr. Speak- Mr. CONYERS. Mr. Speaker, I yield 1 thought were out to get him, the President for- er, the Democrats had almost two- minute to the gentleman from Colo- got his larger obligations to his Office, to the thirds of the witnesses before the com- rado (Mr. SKAGGS). Constitution and to the American people. He mittee. They called 28 witnesses, the let his personal feelings interfere with fulfilling Mr. SKAGGS. Mr. Speaker, censure Republicans called 15, and they shared his Constitutional obligations. of a President as a remedy available to two. The chairman, the gentleman In making my decision, I have tried hard to us to deal with the misconduct of a from Illinois (Mr. HYDE), asked the put personal feelings and political concerns President was used in 1800 against White House to present evidence that aside and to focus solely on my Constitutional President Adams. Then Representative would exonerate the President, and obligation. And I have come to the difficult, John Marshall, a future chief justice, they did not. heart wrenching, almost unbearably sad con- made an argument against its constitu- Mr. Speaker, I yield such time as he clusion that I am obligated to vote to impeach tionality. If it was good enough for may consume to the gentleman from the President. him, it should be good enough for us. In New York (Mr. BOEHLERT). Mr. SENSENBRENNER. Mr. Speak- denying us that option the majority (Mr. BOEHLERT asked and was given er, I yield 2 minutes to the gentleman undermined its claim of conscience be- permission to revise and extend his re- from Florida (Mr. DIAZ-BALART). cause the essence of conscience is the marks.) Mr. BOEHLERT. Mr. Speaker, I rise (Mr. DIAZ-BALART asked and was freedom to choose among reasonable in support of that enduring document, given permission to revise and extend alternatives. This is a political solstice the Constitution that has stood the his remarks.) with a cold darkness to match the win- Mr. DIAZ-BALART. Mr. Speaker, test of time. ter solstice. I pray that a new and bet- When this debate is concluded, I will reluc- this is a very sad and difficult day, but ter season of our politics will come. I tantly vote for at least one article to impeach those of us elected to lead in this great so want the speakership of my friend, President Clinton. representative democracy must act and the gentleman from Louisiana (Mr. I make this announcement with profound vote based upon our consciences even LIVINGSTON) to succeed and to nurture sorrow, and with deep concern about the con- in the most difficult of situations. I a renewal of this House. We owe him sequences for our country, but, in the final would like to make just a few points. and ourselves and the country that op- analysis, with firm conviction that this is the First of all, the founders of the re- portunity. I want nothing more than only fitting and proper course for me to take. public did not create the remedy of im- for this House to fulfill the aspiration This has been by far the most difficult, even peachment to change the results of of its Members and the people that it tormenting, decision I have had to make in my presidential elections but rather as a be a great and decent deliberative body 16 years in Congress. I have spent a great great check and balance to redress pat- serving in honor the great purposes of deal of time assuring myself that in this case terns of delinquent conduct by chief ex- a great Nation. ecutives. we are using the Constitution as a shield, not This is my last speech here. I leave Secondly, all democratic govern- a sword. The purpose of impeachment is to my colleagues with the plea to be good ments must have both the legitimacy protect the institutions of our GovernmentÐ to each other so that they may do their of origin and the legitimacy of con- and through them, the peopleÐnot to attack best for the country that we love. or punish a particular political figure. I am con- duct. President Clinton obviously en- vinced that in this case we do indeed need im- joys the legitimacy of origin, having I love this House. This is my last time to peachment as a shield to protect the integrity been elected to the Presidency. His se- speak here. How I wish it were not such a sad of our institutions. rious violations of the law, however, occasion. And how I wish we were able to I simply have not found the means to ration- including his breaking of oaths in judi- conduct this grave business at a better time, alize away the fact that our President lied cial proceedings to tell the whole truth in a better way. under oath; that he has tried repeatedly to and nothing but the truth, have lost for The dishonorable and reprehensible behav- game the judicial system. Whatever the origins him the legitimacy of conduct. ior of the President of the United States de- of this case, whatever the motives of his ques- Thirdly, the matter before us today serves our strong condemnation. We have a tioners, the President had an obligationÐa has nothing to do with the President’s responsibility to act in this matter, and to act legal and Constitutional obligationÐto tell the private life, which should be of interest with a dignity and fairness and soberness fit- truth under oath. No voter ever elected to ex- to no one. This has to do with perjury, ting the enormity of the decisions we will empt the President from the demands of our obstruction of justice and abuse of make. system or to weaken the Judiciary established power, violations of the law. Failure to impeach President Clinton would in- The President got himself into this awful fix in Article III of the Constitution. by having a tawdry sexual affair and then al- I regularly visit high schools in my district, crease the likelihood that perjury would be committed in future legal most certainly lying about it under oath. In and I keep asking myself, ``How am I to an- both respects, his conduct is immoral and in- swer the high school student who asks me proceedings, it would increase the like- lihood that future Congresses would defensible. It is also understandable that he why he was expelled for cheating, or what do tried to save himself and his family from I say to the average citizen who is punished hesitate to impeach Federal judges for perjury or obstruction of justice. In shame, embarrassment and humiliation by for lying in a court proceeding or the West lying to cover it up. In all this, his behavior Point cadet who must live under the honor short, it would do grave harm to the integrity of the judicial system and the was abominable, self-indulgent, incredibly code?'' The answers I come up with all seem reckless and altogether human. like thin and transparent excuses that would United States. appease no one, least of all me. The essential point of the action that Probably no American other than the Presi- And let me say that this is not about deter- we are now taking is that no one in the dent could or would have been subjected to mining whether the President has been suffi- United States is above the law, not the extraordinary circumstances of multiple ciently contrite, although contrition is certainly even the President. testimony about a sexual affair. First, he was in order. Congress was not established as a Mr. CONYERS. Mr. Speaker, I yield compelled to testify in a civil deposition about body of clerics or therapists. This is about how 15 seconds to the gentleman from New this sexual affair, about facts themselves im- to keep a system intact that is based on law York (Mr. NADLER), a member of the material in a lawsuit later found to be without and trust, a system that cannot countenance committee. merit. Then, he testified before a grand jury attacks on those foundations regardless of Mr. NADLER. Mr. Speaker, the Re- about this deposition testimony about this how sorry one is after having been found out. publicans say we are not contesting same, legally immaterial sexual affair. This Much time has been spent during this pro- any fact allegations. The fact is there grand jury process would not be used to in- longed ordeal comparing the situation to Wa- were no fact witnesses brought before vestigate any ordinary American regarding H11858 CONGRESSIONAL RECORD — HOUSE December 18, 1998 such civil deposition testimony; it is only avail- impeachment. That judgment recognizes the sensus emerge; by letting the preference of able against someone like the President, sub- important moral space between the greatest, not the smallest, majority prevail? ject to a special prosecutor like Ken Starr. ``impeachability'' and ``impeachment'' and fills This a political solstice with a cold darkness Nonetheless, he should have told the truth. it with a reasoned and principled application of to match the winter solstice. I pray that a new And, depending on some technical but legally historically grounded standards for impeach- and better season for our politics will come as important considerations, he may have com- ment to the facts and circumstances of this spring will follow this winter. I so want the mitted perjury. case. speakership of my friend, BOB LIVINGSTON, to Now, what do we do about it? If impeachment were the only choice, the succeed and to nurture a renewal of this The Constitution makes a President who's only way to hold the President to account as House. We owe him and ourselves and the committed ``Treason, Bribery, or other high President, there would be a greater temptation country that opportunity. Crimes or Misdemeanors'' liable to impeach- to risk its use in this case. But there's another I want nothing more for this House than to ment by this House of Representatives, trial choice. It is censure. A strongly worded cen- fulfill the aspirations of its Members and the by the Senate and possible removal from of- sure resolution was offered in the Judiciary people that it be a great and decent delibera- fice. Each house of Congress also has plenary Committee by Mr. BOUCHER, appropriately tive body, serving in honor the great purposes and unrestricted power to express its views condemning the wrongful acts of the Presi- of a great nation. This is my last address here. and sentiments about any matter by the pas- dent. And given it, and so moot any issue of I leave my colleagues with a plea to be good sage of resolutions. passing a bill of attainder, censure could move to each other so that you may do your best for The law would subject the ordinary Amer- beyond words to include a fine. the country we love. ican charged with violations such as the Presi- Congress has the plenary authority to pass Mr. CONYERS. Mr. Speaker, I yield 1 dent's to some civil fine or forfeiture in con- resolutions about any subject. Serious people minute to the gentlewoman from New nection with the civil deposition testimony. Re- nevertheless argue that impeachment states York (Mrs. MALONEY). call that the President has already paid a sub- the exclusive remedy available to us. Mrs. MALONEY of New York. Mr. stantial amount to settle the Paula Jones That argument quickly bumps into history Speaker, if an action by a President case. And the ordinary American would face and practice to the contrary. The most com- poses a threat to our government, then the fairly unlikely possibility of criminal pros- pelling example is the first. In 1800, the House he may be impeached for that action. ecution for perjury in connection with the took up a resolution of censure against Presi- The President’s behavior was reprehen- grand jury testimony. Prosecution would be dent John Adams. sible, insensible, even unimaginable, unlikely because the case turns fundamentally One Representative argued that Congress but it is not impeachable. The punish- on a swearing contest between witnesses and didn't have the power to censure, but only to ment does not fit the crime. The au- because the subject of the possibly perjurious impeach. Others saw no such problem, and thors of the Constitution never in- testimony was not itself criminal conduct, but raised the point that it would be unfortunate to tended this result. rather a tawdry, though not unlawful sexual af- have no way to express disapproval of mis- Even the chairman, the gentleman fair. conduct not serious enough to justify impeach- from Illinois (Mr. HYDE), said that he So, if the objective is to treat the President ment. Representative John Marshall, the fu- intended to conduct bipartisan hear- as other Americans would be treated, there's ture Chief Justice, was in charge of Adams' ings. We have watched as these inten- your answer. If the objective is to insure that defense, and he did not challenge the con- tions have eroded into an unnecessary the President is not above the law, there's stitutionality of censure. partisan battle. your answer. And if the objective is to vindi- This happened when the House was com- The President is accused of degrading cate the rule of law, there's your answer. prised primarily of many Members politically his office. We must ask ourselves is the Of course, the President is not an ordinary active at the time the Constitution was drafted proper response to degrade the process American. His wrongful conduct occurred in only 13 years earlier, including several Mem- by lowering the standard of impeach- the White House and implicates his high of- bers who had been members of their states' ment? fice. The responsibilities and authority and ratifying conventions. This is as close as you Our biggest responsibility is to the stature of the Presidency require their own can come to an object lesson in ``original in- American people. The American people vindication and deserve to be cleansed some- tent.'' If John Marshall accepted the constitu- elected this President, and they have how of the taint of this wrongful conduct. So, tionality of censuring a President, even as he made it clear that they would like to it is entirely appropriate to consider sanctions worked to defeat it, who are we to object? keep him, warts and all. I join my that go beyond what an ordinary American This gets us to the matter of ``conscience''. Democrat colleagues in calling for a would face. But how much beyond? Conscience is best exercised through free- lesser punishment than a political Consider impeachment. From the words of dom. Freedom in turn suggests choices and death penalty. It is unfair, it is par- the impeachment clause, it's obvious this rem- alternatives. The denial of freedom to choose tisan, it is wrong. edy was intended for serious offenses. The among legitimate alternatives is a denial of full Mr. CONYERS. Mr. Speaker, I yield 1 historical context, the debates at the Constitu- freedom of conscience. minute to the gentleman from New tional Convention, Alexander Hamilton's expla- Now, we are told that it would be wrong to Jersey (Mr. ANDREWS). nation in ``The Federalist'', and the debates have the freedom of making a choiceÐyet (Mr. ANDREWS asked and was given during state ratification generally support the that freedom is the essence of conscience. permission to revise and extend his re- proposition that impeachment is to be re- Stripped of its pretenses to constitutionalism marks.) served for very serious offenses that are and conscience-mindedness, the majority's Mr. ANDREWS. Mr. Speaker, I op- themselves destructive of the government or manipulation of the impeachment process is pose the articles of impeachment be- constitutional order, and that any decision to revealed an unfair act of raw majoritarianism cause I believe although the Presi- impeach necessarily calls for a sober political by which they are determined to exact their dent’s behavior was deplorable, I be- judgment, not a legalistic one. It's apparent one desired outcome: ending, or at least hob- lieve he has not committed a high from the same sources that impeachment is bling, the Clinton Presidency. I regret that the crime and misdemeanor. So this deci- not to be used as a device to get rid of a behavior of the majority leadership in handling sion is wrong for today. President whom a sufficient majority in Con- this matter contradicts their claims of But, Mr. Speaker, this decision is gress happens to disapprove of, however ada- dispassion and nonpartisanship. wrong for the ages because let me pre- mant their disapproval. Let me say that my charge is against the dict what is going to happen. Last year The debate we've had about what's an im- majority leadership who have engineered the the United States Supreme Court said: peachable offense has been only marginally process today. I acknowledge and credit the ‘‘You can now proceed with a civil suit helpful, because it's seemed to assumeÐ sincerity of the many who will vote for im- against a sitting President.’’ The next wrongly, I thinkÐthat impeachability requires peachment as an act of conscience. But do time we have a polarizing President impeachment. In the abstract, no doubt perjury not think that your definition of conscience can and a Congress from a different party, may qualify as an ``impeachable'' offense. It's rightly be imposed on others without, in doing here is what is going to happen: There a serious crime. However, a proper reading of so, diminishing the concept of conscience. is going to be a civil suit launched the Constitution and of our responsibility under Can there be a more compelling instance in against that President. He or she is is leads, I believe, to a sober judgment that which the people of the country, acting going to be dragged into discovery, and while perjury may be impeachable, the perjury through their elected representatives, should his or her opponents in this Congress in this case (if it occurred) does not warrant be able to find a conclusion by letting a con- are going to try to categorize anything December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11859 they can as perjury and obstruction of Presidents three times, in 1834, in 1842, Mr. HASTERT. Mr. Speaker, I am justice. Articles of impeachment will in 1860, and we have impeached a Presi- saddened that there is clear and con- be pursued, and the country will be dent once. vincing evidence that the President weakened. There is precedent, Mr. Speaker. lied under oath, obstructed justice and It is my sincere prayer here tonight There is no prohibition or prevention abused the powers of his office in an at- that our children will not bear the bit- to censure, and it is unfair and against tempt to cover up his wrongdoing. I re- ter fruits of the reckless seeds that our our own rules not to let us vote. gret that the President’s behavior puts colleagues are sowing here today. The Finally, let me quote from Benjamin me in the position of having to vote in Constitution has worked well for over Franklin, who said after the Conven- favor of articles of impeachment and 200 years. Leave it alone. tion when he was asked what have you pass this matter on to the U.S. Senate Mr. Speaker, allow me to explain my rea- wrought with this Constitution? And for final judgment. soning in voting against the impeachment of he said: In facing this solemn duty, I look to the President. The Constitution recognizes a ‘‘A republic, if you can keep it.’’ the wisdom of our Founding Fathers. difference between misconductÐeven criminal Mr. Speaker, the Constitution is sa- According to Alexander Hamilton in misconductÐand the High Crimes and Mis- cred scripture, and it applies evenly Federalist 65, impeachment concerns demeanors that are required for impeachment. and fairly to all of its people, all of its ‘‘offenses which proceed from the mis- My judgment is that the President's mis- institutions, including the presidency. conduct of public men, or in other conduct, though deplorable, does not rise to Mr. SENSENBRENNER. Mr. Speak- words from the abuse of violation of the level required by the Constitution for im- er, I yield 30 seconds to the gentleman some public trust.’’ peachment. from Indiana (Mr. BUYER) for rebuttal. The evidence in President Clinton’s And my judgment is that we will set a dan- Mr. BUYER. Mr. Speaker, I have case is overwhelming, that he has gerous precedent if the majority in the House great respect for my colleague from In- abused and violated the public trust. In disagree with me, and decide to vote for these diana (Mr. ROEMER) and I would only this Nation, all men are created equal. articles of impeachment which are before us. respond by saying impeachment is the Simply put, the President in our rep- We will have lowered the bar to impeachment, only power in the Constitution granted resentative democracy is not a sov- and this action, coupled with the Supreme to Congress to address presidential ereign who is above the law. Tomorrow Court's decision to allow sitting Presidents to criminal misconduct in the derelict ex- I shall cast a difficult vote. The President’s inability to abide by be sued in a civil lawsuit while in office, will ercise of his duties. The censure resolu- the law, the Constitution and my con- lead to more partisan mischief in coming tion that was offered the Committee on science have all led me to the solemn years, which could gravely harm our govern- the Judiciary in fact has findings of conclusion that impeachment articles ment and our nation. guilt with a punishment. It is prohibi- The country would be best served by a re- must be passed. tive then of a bill of attainder and is Mr. CONYERS. Mr. Speaker, I yield turn to the important business at hand: edu- therefore unconstitutional. A tempta- 30 seconds to the gentleman from New cation, health care, Social Security, and inter- tion to take the easy way out by as- York (Mr. NADLER), a member of the national problems. suming a power not specifically grant- committee. Mr. CONYERS. Mr. Speaker, I yield 2 ed in the Constitution should be Mr. NADLER. Mr. Speaker, the gen- minutes to the gentleman from Indiana shunned. tleman from Indiana (Mr. BUYER) says (Mr. ROEMER). Mr. SENSENBRENNER. Mr. Speak- that a censure resolution would be un- (Mr. ROEMER asked and was given er, I yield 1 minute to the gentleman constitutional. The Congressional Re- permission to revise and extend his re- from New Hampshire (Mr. BASS). search Service says that a censure res- marks.) (Mr. BASS asked and was given per- olution is an exercise of the implicit Mr. ROEMER. Mr. Speaker, John mission to revise and extend his re- power of a deliberative right to express Page wrote a letter to Thomas Jeffer- marks.) its views. The gentleman from Texas son on July 20, 1776, which reads and I Mr. BASS. Mr. Speaker, I rise in sup- (Mr. DELAY) offered House Resolution quote: port of the resolution before us. This ‘‘We know the race is not to the swift 433, disapproving the President’s con- debate is not about the President, it is duct with respect to campaign finan- nor the battle to the strong. Do you about the presidency. It is not about not think an angel rides in the whirl- cial. marital infidelity or contrition, as What is the distinction, why did the wind and directs this storm.’’ tragic as that might be, but it is about gentleman from Illinois (Mr. HYDE) I pray that Providence is with this lying under oath, and it is not about make the censure resolution offered in body, this country and our Constitu- contorted legalese to create the ap- committee in order? Was he exercising tion for fairness and justice and honor pearance of truth, it is about facing the an unconstitutional prerogative? today, and I fear my prayers will go underlying facts, facing the reality of I yield to the gentleman from Indi- unanswered. what we all know has happened here. ana (Mr. BUYER). I voted with my Republican friends 68 Mr. Speaker, no citizen should ever Mr. BUYER. Mr. Speaker, I say that days ago to initiate this investigation, be above the law, and if my colleagues the censure resolution that was offered to look at the facts and corroborate believe, as I do, that President Clinton has specific findings of guilt and there- the evidence for a high crime and mis- knowingly made perjurious, false and fore makes it unconstitutional in its demeanor, and George Mason, who misleading statements under oath to a form. wrote that phrase, said, and I quote: grand jury and in sworn affidavits, that Mr. NADLER. Mr. Speaker, reclaim- ‘‘It ranged from a great and dan- he attempted to corruptly influence ing my time, what about the resolution gerous offense to subverting the Con- the testimony of witnesses and poten- of the gentleman from Texas (Mr. stitution.’’ tial witnesses, then we must support DELAY)? This does not pierce that high this resolution. Mr. CONYERS. Mr. Speaker, I yield threshold, and when it comes to pun- b 1730 15 seconds to the gentleman from Indi- ishment, yes, the President did some- ana (Mr. ROEMER). thing reprehensible and immoral and Let us pray that 1998 not be the year Mr. ROEMER. Mr. Speaker, I thank sinful, and he should be punished by that we create a sovereign ruler; rath- my good friend from Michigan for censure by this body and by prosecu- er, let it be the moment when we reaf- yielding me time. tion like every other American would firm the principle of equal justice for Mr. Speaker, in our House rules man- be when he leaves office. all. I urge support of the pending reso- ual, it explicitly states, ‘‘In the modern Now finally, Mr. Speaker, this is our lution. practice, concurrent resolutions have rule book. This is our sacred scripture Mr. SENSENBRENNER. Mr. Speak- been developed as a means of express- in this body. There is nothing in here, er, I yield one minute to the gentleman ing principles, opinions and purposes of Mr. Speaker, that prohibits a censure; from Illinois (Mr. HASTERT). the two Houses.’’ there is no impediment in our Con- (Mr. HASTERT asked and was given Thomas Jefferson said principles, stitution to a censure. In fact we have permission to revise and extend his re- opinions and purposes could be ex- censured and rebuked and criticized marks.) pressed in the form of resolutions. H11860 CONGRESSIONAL RECORD — HOUSE December 18, 1998 What better person to go to than electorate, it is worth recalling that the House a President committing crimes. What I am Thomas Jefferson? Republicans came to power claiming that the saying is that the purpose of the impeachment Mr. CONYERS. Mr. Speaker, I yield Congress was out of touch with the real Amer- process is not to punish crimes, but to remove 11⁄4 minutes to the distinguished gen- ica. How hollow this claim rings today, when a President who has misused the powers of tleman from New York (Mr. LAFALCE). two-thirds of the electorate opposes removal his office. If President Clinton committed the (Mr. LAFALCE asked and was given of the President through impeachment. crimes alleged here, these crimes should be permission to revise and extend his re- If the Republican majority were truly con- dealt with in a criminal proceeding or a judicial marks.) cerned about the views of the real America, contempt proceeding after he leaves office. I Mr. LAFALCE. Mr. Speaker, today is they would support the remedy which a major- emphasize that it is not clear that crimes were a very sad day in America’s history, es- ity of the people support, a censure resolution in fact committed. Many of the scholars and pecially because everything leading up permitting the President to stay in office. But prosecutors who testified before the Judiciary to today’s vote has been so unfair. Ken the Republican leadership, which in the past Committee concluded that the evidence pre- Starr’s investigation was unfair. He complained vociferously about limitations on sented against President Clinton would not even tried to entrap the President. His the amendment process, is so determined to have resulted in the prosecution of an ordinary report was unfair, for he left out im- win, that it is unwilling to allow even a vote on citizen. portant exculpatory evidence. His pres- censure. Apparently they fear that they would There are other means for the Congress to entation to the House Committee on lose this vote and that the will of a majority of deal with misconduct by the President which the Judiciary was so unfair that his the electorate would prevail. falls short of the impeachment standard. Con- own ethics adviser resigned as a result. What could be more contrary to the rhetoric gress has the power to pass a censure resolu- The Speaker-designate’s decision to of the Reagan and Bush Administrations than tion, expressing our condemnation. The im- deny the House and the American peo- this vote, in which Republican ``Washington in- peachment process, which requires removal ple the right to vote on censure as an siders'' will decide that they know better than from office, must be reserved for extraordinary alternative is unfair. That decision the public outside the beltway. Indeed, the Re- constitutes an obstruction of the jus- cases. If we lower the bar for impeachment, publicans' zeal to remove the President is so we seriously weaken the Presidency by giving tice that the American people believe intense that they are willing to ignore not only is warranted, censure; the justice that a Congress controlled by the opposition party the wishes of the people, but the morale of virtually unlimited power to subject a President former President Gerald Ford, who our troops in combat, and even the letter and knows something about impeachment, to an all-consuming removal process. the spirit of the Constitution. The majority party has tried since January believes is warranted; that former Re- Under the separation of powers which is to convince the people that the President publican presidential candidate Robert fundamental to our Constitution, the President should be removed from office. Two thirds of Dole advised this body; censure, not and the Congress are separate and independ- the public remains unconvinced despite being impeachment. ent. Ours is not a parliamentary system in bombarded daily with the facts of this case. I You may have followed your con- which the legislative and executive functions am astonished and deeply distressed by the science in deciding to vote for im- are merged. In a parliamentary system the procedural travesty to which the minority has peachment, but you cannot be consid- legislature removes the executive when it dis- been subjected: denial of our right to offer and ered just if you deny those of us, I be- agrees with him, and the legislative majority is lieve a majority of this body, I know a expected to enact the executive's program have a vote on a motion of censure. What majority of the American public, the without question. Under our system, the two does the majority fear of a vote on censure? right to vote on censure as an alter- branches are separate, and only in extraor- Are they afraid that it might pass, with some native to impeachment. dinary circumstances can the legislature of their own members voting for censure rath- Mr. CONYERS. Mr. Speaker, I yield 1 breach the independence of the executive and er than impeachment? Apparently fear of fall- minute to the distinguished gentleman remove the President by impeachment. ing short of their objective of removing Presi- from Minnesota (Mr. OBERSTAR). The Constitutional scholars testifying before dent Clinton from office is driving the proce- (Mr. OBERSTAR asked and was given the Judiciary Committee made it clear that dural unfairness to which we have been sub- permission to revise and extend his re- there is a high threshold for impeachment. Not jected. marks.) all crimes are impeachable offenses; the im- The majority still has time to be fair so be Mr. OBERSTAR. Mr. Speaker, the peachment power is limited to ``treason, brib- fair so be fair to us and to the American peo- constitutional scholars testifying be- ery and other high crimes and misdemean- ple by allowing a vote on censure, which I fore the Committee on the Judiciary ors.'' The term ``other'' indicates that impeach- would support. made it clear that there is a high ment is limited to crimes which are similar to Mr. CONYERS. Mr. Speaker, I yield 1 threshold for impeachment. bribery and treason in threatening the basic in- minute to the distinguished gentleman Not all crimes are impeachable of- tegrity of government. from Oregon (Mr. DEFAZIO). fenses. The impeachment power is lim- The charges against President Clinton fall (Mr. DEFAZIO asked and was given ited to treason, bribery and other high well below this standard. When we cut through permission to revise and extend his re- crimes and misdemeanors. The word all the high flown rhetoric about the rule of marks.) ‘‘other’’ means impeachment is limited law, abuse of power and civil right cases (inci- Mr. DEFAZIO. Mr. Speaker, Member to crimes similar to bribery and trea- dentally, when was the last time the Repub- after Member has risen on the other son, threatening the basic integrity of licans called a sexual harassment case a civil side and said the President should not government. rights case) we have, at bottom, allegations be above the law. He is not. Ken Starr The charges against President Clin- that the President tried to conceal an embar- is free to prosecute the President, in- ton fall well below this standard. When rassing private relationship. The first efforts at dict him, perhaps while in office, but you cut through the rhetoric about concealment came in the civil lawsuit by Paula definitely after. rule of law, abuse of power, civil rights Jones. The relationship which was being con- It is not ordinary criminal or civil cases, at bottom the allegations are cealed, that of the President and Ms. law in question in this debate, it is Ar- that the President tried to conceal an Lewinsky, was only tangentially relevant to ticle II, Section 4 of the Constitution embarrassing private relationship. Paula Jones' lawsuit. In any event, Ms. Jones' regarding impeachment. Impeachment These efforts at concealment came in lawsuit was subsequently dismissed. is a special punishment reserved for the Paula Jones lawsuit, a civil law- In his grand jury testimony, the President the President of the United States and suit. The relationship being concealed admitted that he had an improper, intimate re- other Federal civil officers. was that between the President and lationship with Ms. Lewinsky. At worst, the The founders set an incredibly high Ms. Lewinsky, and it was only tangen- President lied about the exact nature of some bar for impeachment. Constitutional tially relevant to the lawsuit, which of his intimate actions. It is hard to see how scholars all agree, the framers of the was subsequently dismissed. these alleged lies could constitute ``great and Constitution did not want a President In any event, in his grand jury testi- dangerous offenses'' or ``attempts to subvert to be impeached simply because a ma- mony, the President admitted an im- the constitution'' which should be the basis for jority of the Members of Congress dis- proper intimate relationship. For that, an impeachment, according to George Mason, agreed with his policies or found his he deserves censure. one of our founding fathers. morals repugnant. As the majority in the House marches in When I say that not all crimes warrant im- The Republican majority has not lock-step to thwart the will of a majority of the peachment, I am not saying that I approve of raised and proven offenses that meet December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11861 those standards. Rather they have met quarter of Century agoÐthat impeachable of- lege of taking over the seat which had, the standards met by Gerald Ford 25 fenses are whatever 218 Members of the up until that time, been held by the years ago. He said an impeachable of- House of Representatives say they are. That Honorable Peter Rodino. fense is anything 218 Members of the is an incredibly cynical and unconstitutional During the Watergate hearings in House will vote for. standard, yet that is what is revealed when we 1974, Chairman Rodino won the respect That is an unconstitutional and cyni- rip the curtain of puffery from the rhetoric of and admiration of the entire Nation for cal standard. The alternative of cen- the other side. his insistence on fairness, his profound sure would serve as well in this matter. The Alternative of Censure would serve us respect for the U.S. Constitution and A near unanimous House could deliver well in this matter. A near unanimous House his impeccable sense of decorum. The a stinging and historic rebuke to the could deliver a stinging and historic rebuke to Committee on the Judiciary and the President with a motion of censure, the President with a motion of censure. Congress at this time have not done and we will be denied that vote, and we But, after cutting the Constitutional legs out the job, and it has been done in a par- are denied sufficient time to speak on from under standards for impeachment the tisan way. the floor. Republican leaders would have the House be- Mr. Speaker, I think the American Member after Member on the Republican lieve that the Constitution's silence on the people see this action for what it is side has stood to plead the force of lawÐthat issue of Censure means it is Constitutionally today. Is it not remarkable when a no citizen no matter how powerful should be barred from consideration. It is not Constitu- Democratic President engages in a se- above the law. tionally barred it is politically precluded be- cret affair, the Republicans leap to im- There is total agreement on that point. The cause the Republican leaders feared that had peach him, but when a Republican President should not be above the law for pur- the option of censure been before this House leader engages in the same conduct, poses of criminal prosecution. Mr. Starr is free along with the option of impeachment Censure they leap on their feet to give him a to attempt to indict the President for criminal would have garnered more support. standing ovation? wrongdoingÐif not while the President sits in The procedures followed in bringing these Mr. SENSENBRENNER. Mr. Speak- office he could certainly be prosecuted in 2 Articles of Impeachment to the floor at this er, I yield such time as he may con- years after leaving office. time, in this manner with no option for censure sume to the gentleman from Washing- It is not ordinary criminal or civil law in are abuse of power by the leaders of the Ma- ton (Mr. NETHERCUTT). question during this debate. The law that jority. This is a tragic day in the history of the (Mr. NETHERCUTT asked and was binds the House of Representatives in this United States House of Representatives and a given permission to revise and extend proceeding is the Constitution of the United tragic turn of events for our sacred system of his remarks.) States article 2 Section 4 regarding Impeach- government. The repercussions will reverber- Mr. NETHERCUTT. Mr. Speaker, I ment for ``Treason, Bribery, or other High ate in our society for decades to come. rise in support of Articles I, II and III. Crimes and Misdemeanors.'' Mr. CONYERS. Mr. Speaker, I yield 1 Impeachment is a special punishment re- minute to the distinguished gentleman These votes today are defining votesÐcast not for political position or popularity but for served for the President and other federal civil from North Carolina (Mr. ETHERIDGE). officers. (Mr. ETHERIDGE asked and was purposes of confirming the integrity of the The Founders set an incredibly high bar for given permission to revise and extend most precious and essential element of a free impeachment: At the time of the Constitutional his remarks.) societyÐthe right of all citizens to trust and Convention, ``High Crimes and Misdemeanors'' Mr. ETHERIDGE. Mr. Speaker, at rely upon a system of justice which is blind to had 400 years of precedent in English lawÐ this very moment, halfway around the influence and oblivious to position or status. It it meant serious official misconduct and abuse world, our troops are engaged in battle, is also a vote that has implications for a mod- of the powers of the government by the King at a time that we are here talking ern societyÐthat inextricably links our Amer- or one of his officers. about doing in the commander-in-chief. ican justice system with our political system. Alexander Hamilton characterized impeach- I deplore that, because they are trying Justice and politics should be linked. Our able offenses as ``political'' actions that involve to do away with a dictator who has votes reflect our values and those of our con- injuries done to the society itself. George weapons of mass destruction that he stituents. Mason spoke of ``attempts to subvert the Con- will use. As a Vietnam veteran, a vet- The evidence is persuasive to me that stitution.'' eran of the Vietnam era, I know what President Clinton's offenses justify my vote in Constitutional Scholars all agree that the it means to serve and have the Com- support of articles 1, 2 and 3. The President's framers of the Constitution did not want a mander in Chief under siege. legal breaches have a greater negative impact President to be impeached simply because a I voted in October for the committee on our society than the inherent damage of his majority of Members of Congress disagreed to move forward. I am ashamed that moral lapses. This is because our system of with his policies or found his morals repug- they did not come back with a joint justice relies on the collection of evidence that nant. We do not have a parliamentary system resolution without it being partisan leads ultimately to the truth in legal proceed- of government where a Prime Minister can be and unfair and politicized, and I am ings. Only with truth and reliable facts can jus- removed from office at any time. A strong and ashamed of this body. I came here to do tice under the law be fairly dispensed. And a independent Presidency is vital to our Con- the people’s business. Tonight we are free people must have faith in our legal sys- stitutional order. not doing the people’s business, we are tem if we are to have an orderly and lawful so- Now the leaders of the Republican majority doing partisan business, and that is un- ciety. have puffed up with a booming voice much fair. The American people will recog- Presidents have a high standard of conduct like the puny wizard in the Wizard of Oz in an nize it is unfair, and they are going to to uphold. By their deeds and words, they attempt to raise the President's outrageous, make us pay the price for being unfair should encourage the rest of us to reach for reckless and morally offensive behavior to the and for being partisan. that standard, too. High standards include and level of High Crimes and Misdemeanors. He I say if we could vote our conscience, embrace respect for the law. Telling the truth lied to the American people and offered mis- we would vote for censure. The Speak- in a legal setting should be the unquestionable leading and possibly perjurious testimony in a er-elect said we should vote our con- obligation of any President, and any person. civil trial and a grand jury proceeding. These science, and you are not allowing us to President Clinton failed in that simple obliga- are not trivial matters. The question is simply do it, and you ought to be ashamed of tion too frequently for his actions to be consid- whether the special Constitutional remedy of yourselves. ered an oversight or misunderstanding. His impeachment should be invoked for these par- Mr. CONYERS. Mr. Speaker, I yield 1 conduct should not be allowed to become the ticular offenses. minute to the distinguished gentleman new standard for our nation which historically The Wizards on the other side have puffed from New Jersey (Mr. PAYNE). has revered those who personify dignity, truth, up these offenses to Abuse of Power and Ob- Mr. PAYNE. Mr. Speaker, I rise in self-sacrifice and honor. struction of Justice, and Perjury in their Arti- strong opposition to this very unfair We have no choice but to make this difficult cles of Impeachment. attack on President Clinton and our judgment. To do otherwise would be a breach The Republican Majority has not raised and Constitution. The partisan assault of the trust that citizens should have, not only proven offenses that meet the standards set which we are witnessing today is espe- in the President's standards, but in our own. by our founders. Rather they have met the cially painful to me, because when I My vote will be true to my Constitutional oath, standard uttered by Former President Ford a was elected to Congress I had the privi- and I pray to God that my judgment is right. H11862 CONGRESSIONAL RECORD — HOUSE December 18, 1998 Mr. SENSENBRENNER. Mr. Speak- We have seen a lot of bright lines blurred in to my motives, to my professional and er, I yield such time as he may con- our society in recent years. Moral relativism personal life have been attacked by sume to the gentleman from Ohio (Mr. abounds. In this case, I have heard the most people who obviously feel passionately OXLEY). amazing rationalizations: That it is wrong to lie about the issues before us. (Mr. OXLEY asked and was given under oath, unless you are lying about sex. I understand that too, but feel deeply permission to revise and extend his re- That it is wrong to lie about sexual harass- my failure to persuade others that marks.) ment, unless the woman in question was ask- issues of high importance, perhaps Mr. OXLEY. Mr. Speaker, I rise in ing for it. That it is wrong to commit perjury, most especially issues of high impor- support of the four articles of impeach- but if you are really, really sorry, we can forget tance, can and should be debated, not ment. about it. This kind of logic only makes sense free of passion, but certainly free of As a former law enforcement official, I have to those bent on defending the indefensible. vilification and personal attack. helped put people in jail based on the strength The scandals of recent years have desen- I have tried at all times to conduct of witness testimony. Our entire judicial sys- sitized our culture and denigrated our society. myself accordingly. If nothing else, I tem must rest on the sure and solid foundation Beyond the White House scandals, such trav- hope I have made that contribution to that witnesses tell the truth, the whole truth, esties as a celebrity former athlete literally get- this conversation. and nothing but the truth, under solemn oath. ting away with murder and a physician killing Members of the committee have Beyond a reasonable doubt, William Jeffer- a patient on national television have contrib- worked, I believe, honestly, sincerely son Clinton willfully and purposely committed uted to the notion that those with adequate and under extraordinarily difficult cir- perjury. He did so with alarming forethought, legal defense funds are not accountable to the cumstances to do their jobs. We have frequency, and disregard for the law. law. differed on many things, from the role In a separate solemn oath, his oath of of- President Clinton lied repeatedly, with fore- of the committee, to the standard of fice, William Jefferson Clinton swore to uphold thought, in civil litigation, before a federal proof, to the definition of high crimes and defend the Constitution of the United grand jury, and in response to questions and misdemeanors. On several of them States and the laws of this nation. He has posed by the House Judiciary Committee. He there was agreement, but I have never failed to keep his word, which has brought us obstructed justice in numerous ways. His dep- questioned the motives of my col- to this sad and historic day. uties have systematically attempted to destroy leagues or my constituents. If you believe that President Clinton perjured those who dare to oppose him. He has shown Among the issues the committee ad- himself, and I do, and if you believe that per- contempt for the truth, the law, the Congress, dressed was that of censure. As we jury is a serious matter, and we must, then we and his fellow citizens. went into that discussion, I did not have a duty to pass these painful but nec- Section 4, Article II of the U.S. Constitution know whether this was an appropriate essary articles of impeachment. states that the President ``shall be removed option for us to consider, but I felt the President Clinton and apologists for him from office on impeachment for, and convic- instructions of the House allowed us to have tried to make this a debate about any- tion of, treason, bribery, or other high crimes review it. As one who hoped to find thing other than the rule of law. They want to and misdemeanors.'' The threshold question is both the right answer and one that make it a debate about the man and the cir- whether the President, at a minimum, commit- most of us could support, I felt that we cumstances surrounding his actions. But we ted a high misdemeanor. Who can seriously must. are a nation of laws, and the fundamental doubt that he has? We did, and through the course of the question must be whether William Jefferson President William Jefferson Clinton should discussion it became clear that the Clinton violated the law. be impeached by the House of Representa- meaning of censure and its place in a The facts of this case are well known. Nei- tives and the matter referred to the U.S. Sen- constitutional construct was unclear. ther the President nor his defenders have ate. It is our solemn responsibility, and we Aside from the constitutional discus- countered them effectively. Indeed, on this must not flinch from it. sion of whether either the House or the fundamental question, the President's team Mr. SENSENBRENNER. Mr. Speak- Senate, neither or both, could impose a has presented no real defense. They have er, I yield 5 minutes to the gentleman censure, there was not even agreement said that it is just about sex. They have said from Indiana (Mr. PEASE), a member of on whether a resolution of censure was that he misled, but he did not lie. They have the Committee on the Judiciary. intended to punish or not. said that a reasonable person might conclude Mr. PEASE. Mr. Speaker, as a mem- b 1745 that he lied, but he did not commit perjury. ber of the Committee on the Judiciary, They have said that even if you believe that I have spent the greater part of the last After long debate, my conclusion on he committed perjury, it is not an impeachable several months reviewing the terms that subject is simply this: If censure offense. They have attempted to change the which were assigned to us by action of is intended as a punishment of the subject any number of times. the House. It has not been an easy President, it is specifically constitu- However, Mr. Speaker, you cannot explain task, especially as I struggled to main- tionally prohibited as a bill of attain- away that fact that there are people sitting in tain objectivity in the face of intense der. If censure is not intended as a pun- prison now for making perjurious statements pressures from across the political ishment of the President, it is mean- under oath. I have to ask my liberal friends if spectrum. ingless. they have an elitist view of the Constitution. It seemed that everyone had an opin- I have not researched the options Why should the President be treated dif- ion, usually very firmly held, and that available to the Senate, but for the ferently? Is he, alone, above the law? anyone of any other opinion was not House, I am convinced that this option I have yet to meet the Democrat who be- only wrong, but wrongly motivated as is not available. lieves that Republican Presidents are above well. Mr. CONYERS. Mr. Speaker, I yield 1 the law, yet we seem to have an abundance I accepted that, though I was dis- minute to the gentleman from Texas of those who believe that this President should couraged with my own inability to con- (Mr. HINOJOSA). be able to lie under oath and get away with vey to others an understanding that Mr. HINOJOSA. Mr. Speaker, this is nothing more than a stern lecture. people could hold strong convictions a sad day in our Nation’s history. I say That is what a resolution of censure would without questioning the motives of this because the stage has been set amount toÐa stern lecture from Congress with those who differed with them, and that today to impeach our President against no legal underpinning. It would be an extra- all matters, but especially those as mo- the will of the American people. This constitutional concoction designed to make its mentous as these, must be approached action is partisan, this action is wrong, proponents feel better while doing absolutely with respect for all involved and the in- this action is unconscionable. nothing. stitutions which we cherish. How can we say this is a political de- Censure may be an easy way out, but it is As I have drawn the conclusions mocracy when an overwhelming major- not a real option. The Constitution gave us no which my position on the committee ity of the American people have clearly middle ground, which is as it should be. Either required me to address, the level of stated they want our President to re- the House votes to impeach and refer the rancor here and in my district has in- main in office? How can we say this is matter to the Senate, or it does not. It is a creased, and again it has been across a political democracy when an over- bright line, and I know on which side I must the political spectrum. Everything whelming majority of the American cast my votes. from my judgment, to my patriotism, people have said they want to see us December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11863 negotiate a compromise? How can we I will vote my conscience today. I will vote Mr. CLEMENT. Mr. Speaker, I have undo the last two presidential elections to reflect the will of the people. I will vote heard a lot of talk today about the rule and say to the American people, your against partisanship and against impeach- of law. I wish I could have heard talk votes do not matter? Are we a democ- ment. I will cast my vote for Democracy. about the rule of fairness. Why could racy or are we not? Mr. CONYERS. Mr. Speaker, I yield 1 we not have debated and voted on Mon- I do not intend to stand by idly and minute to the gentleman from Con- day after the bombing ceased in Iraq? be a party to what I will again say is necticut (Mr. GEJDENSON). Why could not the majority party let quite obviously an unfair process. I was (Mr. GEJDENSON asked and was us vote on a censure proposal where all elected to this Congress to represent given permission to revise and extend of us in the United States House of the people, and that is precisely what I his remarks.) Representatives could have voted our intend to by casting my vote against Mr. GEJDENSON. Mr. Speaker, I conscience? impeachment. would hope the Republicans no longer Mr. Speaker, when I listen to the ma- Compromise! Conscience! Censure! That is come to the floor to tell us they are for jority party, it makes me wonder if small government, because they are in- what must be the order of the day. It is the they think the President had not been volved in the ultimate big government only fair way the American people can be rep- punished at all yet. The President has act. They are attempting to take away resented. been punished. He has been humiliated. from the people the decision of who Formal censure by the entire Congress is He has been embarrassed. He has paid a the only way to express the disdain of the will preside over this great country. When we saw Khruschev removed by high price at home, as well as with the American people for the President's actions. It American people, as well as the people is a fitting and constitutionally valid punish- the Politburo, no one ran tears. He was not elected by the people; he was ap- all across the world. ment, and one, I should add, that polls show Mr. Speaker, where our finest hour a majority of the public prefers. pointed by an unelected body. When we see coups and coups d’etat, the removal has been is when we have known how Those who claim otherwise rely on the argu- to compromise. That is our finest hour ment that the Constitution does not mention of elected presidents in Third World countries, we are saddened that they in the United States House of Rep- censure. There are those who say it's ``im- resentatives. But how do we com- peachment or nothing,'' when, in fact, a score have not developed to a stage where promise when we just have one point of of Constitutional experts called as witnesses they have the institutional instincts view? by both Republicans and Democrats on the for debate without trying to criminal- ize the process of differing views. Vote against impeachment, and give Judiciary Committee agreed in writingÐby a us the opportunity to vote on censure. margin of almost 4 to 1Ðthat the Constitution But here in this House today, the Re- publican Party ignores what the Con- Mr. MCCOLLUM. Mr. Speaker, I yield does not prohibit censure. 1 minute to the gentleman from Okla- The Framers of the Constitution, anticipating stitution asks us to do. The President, homa (Mr. ISTOOK). the political vulnerability of the Presidency to for his criminal acts, if they exist, is (Mr. ISTOOK asked and was given opposing factions in Congress, established a left to the normal criminal process. We permission to revise and extend his re- threshold for impeachment which is very are here to judge if he undermined the marks.) highÐ``treason, bribery, or other high crimes United States in his office. Did he in- Mr. ISTOOK. Mr. Speaker, the Presi- and misdemeanors.'' This high threshold deed take actions that were deemed dent was given the opportunity to should be maintained, and as I have said be- necessary for removal? The answer is present witnesses or evidence which fore, the President's actions have never com- no. Vote against this proposal. Mr. CONYERS. Mr. Speaker, I yield 1 would dispute the facts. He did not. His promised the security of this nation; so what minute to the gentleman from New legal hair-splitting defense could not we're left talking about is private activity which York (Mr. HINCHEY). alter the simple truth: The President reflects on moral character. That is not what (Mr. HINCHEY asked and was given our Founding Fathers intended to be impeach- lied, and lied under oath. permission to revise and extend his re- Here is what convinced me that this able offensesÐunforgivable perhaps, but not marks.) perjury is an impeachable offense and impeachable. Mr. HINCHEY. Mr. Speaker, in our not simply a moral failure. These were The conduct which is the basis for the Judi- recent history, Barbara Jordan gave us ciary Committee's recommendation of im- not lies told under sudden pressure the best short definition of an impeach- when he was unexpectedly asked em- peachmentÐperjury, and related actions re- able offense during the impeachment garding personal sexual misconductÐis not of barrassing questions. The President’s hearings on President Nixon when she lies were planned well in advance. They the same legal magnitude as the crimes set said she would not tolerate the diminu- forth in the Constitution. There is no credible were premeditated. He knowingly acted tion, the subversion, the destruction of to block justice, even after a Federal evidence that the President's actions under- the Constitution. President Clinton mined the integrity of our Democratic institu- judge ruled his behavior was relevant stands accused of something far short and material. He orchestrated a delib- tions, cast doubt on his loyalty to the country, of that standard. erate scheme to tell multiple lies under or prevented his ability to execute his duties By now I think most Americans have as President. Again, while his offenses are concluded that the President has not oath on multiple occasions many real, they are not impeachable. subverted the Constitution. He has not months apart. Even today, he has ad- To impeach the President for the offenses undermined our system of government. mitted only what he has been forced to charged by the Judiciary Committee would be This impeachment punishes the coun- admit and otherwise continues to to lower the threshold for impeachment for all try. It robs us of the time and atten- stonewall. future Presidents, and lowering the threshold tion that we should be devoting to This was not a spur-of-the-moment in this way would pose a threat to the system other matters. It subverts the official decision to hide personal shame. He of checks and balances and separation of duties of the President. It forces us to had ample time to correct his course, powers that form the foundation of our system endure a trauma that serves no prac- but instead chose to defy the laws of of Democratic governance. This would indeed tical purpose. It opens up the possibil- our land. be grave. ity that the country will be forced to Mr. Speaker, I will vote to impeach. I said at the onset of this investigation that endure similar suspensions of the Na- Mr. MCCOLLUM. Mr. Speaker, I yield I would base my actions on the evidence of tion’s business again and again if fu- 1 minute to the gentleman from New record. Based on the evidence, a Congres- ture Presidents face penalties for any Jersey (Mr. FRELINGHUYSEN). sional action short of impeachmentÐsuch as charges that a hostile prosecutor or a Mr. FRELINGHUYSEN. Mr. Speaker, censure for unacceptable conductÐseems to congressional majority can find. I rise in support of the resolution. We strike the right balance and to best serve the Let us reserve impeachment for high have before us the evidence as pre- interests of our nation and its people. crimes that betray the American peo- sented by all responsible parties, as To not allow a vote on a censure resolution ple and our system of democracy. The well as the thoughts of so many con- amounts to only one thingÐa decision by the charges against the President do not stituents who feel strongly that their Republican leadership to ignore the will of the meet that standard. views should be reflected in the votes American people. That is wrong. It is an ex- Mr. CONYERS. Mr. Speaker, I yield 1 we cast. ample of the tyranny our forefathers sought to minute to the gentleman from Ten- After reviewing so much of the evi- escape when they founded this great nation. nessee (Mr. CLEMENT). dence, I believe it is now clear that the H11864 CONGRESSIONAL RECORD — HOUSE December 18, 1998 President has violated both his oath of motion is to take away the fundamen- could meet. Today, our last best hope office and the oath he took to tell the tal sense of fairness that made me so is that the Senate will be a place where truth. In doing so, Bill Clinton not proud to have been able to come to Ha- reason takes the place of revenge. only committed perjury, he violated waii 40 years ago, never knowing that I I cast my vote against impeachment the public trust. I will, therefore, vote would have the chance to serve in this today because that is what my con- in favor of impeachment. House and to be denied the opportunity stituents want, and because I know While I know that some will disagree, now to vote on an alternative, a rea- that that is the right thing to do. and strongly so, with my decision, I sonable alternative that was empha- Today, the Republicans decided that reached it after much thought, delib- sized by the gentleman from Illinois in order to save America, they had to eration and soul-searching. When this (Mr. HYDE) and Tip O’Neill is a trav- destroy it. sad chapter in our history is closed, I esty. b 1800 will have voted the way I did because I Mr. CONYERS. Mr. Speaker, I yield 1 Mr. MCCOLLUM. Mr. Speaker, I yield have shared with my two teenage minute to the gentleman from Illinois 30 seconds to the gentleman from Ar- daughters and thousands of other (Mr. GUTIERREZ). kansas (Mr. HUTCHINSON). school children the fact that the truth Mr. GUTIERREZ. Mr. Speaker, the Mr. HUTCHINSON. Mr. Speaker, I still matters and always will and, fi- gentleman from Georgia (Mr. GINGRICH) thank the gentleman for yielding time nally, that a vote of conscience is al- was always proud to remind us that he to me. ways the right vote. was a professor of history, so he could Mr. Speaker, I want to respond to the The SPEAKER pro tempore (Mr. tell us about the Constitutional Con- gentleman from Massachusetts. He did LAHOOD). The Chair announces that vention, where it was decided that a have one thing right, and that is the since beginning the debate at 12:15, the President could be removed from office burden of proof is on those going for- Republican side has used 2 hours and 16 for high crimes and misdemeanors, or ward with impeachment. But that bur- minutes, and the Democratic side has he could tell us that censure was den of proof was met with 60,000 pages used 2 hours and 26 minutes. weighed and exercised against chief ex- of documents, an independent review The Chair recognizes the gentleman ecutives in the 19th century. by the Committee on the Judiciary, from Michigan (Mr. CONYERS). Let me be clear. No one is condoning and the key point is that there has not Mr. CONYERS. Mr. Speaker, I yield the President’s behavior, and if we had been one challenge to the evidence in 30 seconds to the gentleman from Mas- the chance, we would vote to condemn the Committee on the Judiciary, nor sachusetts (Mr. MEEHAN), a member of it. To take poetic license from Mark challenge to the facts today. Also, in the Committee on the Judiciary. Anthony’s words from Julius Caesar, I addition to providing the testimony of Mr. MEEHAN. Mr. Speaker, I would do not come here to praise Bill Clinton, the witnesses, the President’s counsel just like to respond. The gentleman but I do not intend to see him buried did not dispute it. from Oklahoma (Mr. ISTOOK) just said either, buried under an avalanche of in- The evidence has been established that we gave the President an oppor- nuendo and salacious scandal. Nor do I and not refuted. We have made our case tunity to call witnesses, to prove his wish to see this Congress play the role on that. Today, any dispute about that innocence. Since when is the burden of of Brutus, reaching across the cen- today—— proof in this country on the person turies to stab in the back the founders Mr. MEEHAN. Everything was chal- being accused? of our democracy who entrusted us lenged in the report. You have the obligation to provide a with their legacy. The SPEAKER pro tempore (Mr. case before the Committee on the Judi- No one is attempting to defend the LAHOOD). The gentleman from Massa- ciary, and you did not provide a single President. We are trying to defend a chusetts (Mr. MEEHAN) is out of order. material witness in this case. Not one historical precedent. The voters spoke Mr. MCCOLLUM. Mr. Speaker, I yield witness. And then they get up before and they said they were sick of this 1 minute to the gentleman from Ten- this House and say the President had partisan political process, sick of this nessee (Mr. DUNCAN). an opportunity to bring witnesses to extraordinarily expensive exhaustive (Mr. DUNCAN asked and was given prove his innocence. You had the obli- examination of an extramarital affair. permission to revise and extend his re- gation to provide the witnesses that History tells us what to do. Vote marks.) would have proved the charges before against impeachment of the President Mr. DUNCAN. Mr. Speaker, I rise in this House, and you did not provide one of the United States. support of these articles of impeach- witness. Mr. CONYERS. Mr. Speaker, I yield 1 ment because of the very serious alle- Mr. CONYERS. Mr. Speaker, I yield 1 minute to the gentlewoman from Geor- gations of felonies contained in them. minute to the gentleman from Hawaii gia (Ms. MCKINNEY). I spent 71⁄2 years as a criminal court (Mr. ABERCROMBIE). Ms. MCKINNEY. Mr. Speaker, today I judge trying felony criminal cases (Mr. ABERCROMBIE asked and was rise with sadness in my heart. It is a prior to coming to Congress. Many ex- given permission to revise and extend sad day for our republic. perts have pointed out that the role of his remarks.) Today, the Republican leadership in the House is really that of a grand Mr. ABERCROMBIE. Mr. Speaker, I the House has proven that they are, in jury. A grand jury is required to indict think I am perhaps the only Member fact, the minority party. The Repub- any time there is a reasonable possibil- here who won an election and lost an lican leadership represents the minor- ity that a crime has been committed. election on the same day. I won a spe- ity view on impeachment, on health Like a grand jury, I believe the cial election in 1986 and lost a primary care reform, on tax cuts to benefit the House has no choice but to impeach on the same day. As a result, I was the wealthy, and on protecting and pre- when we have a report, an official re- last person to be sworn into this body serving the social safety net. port of felony offenses having been by Tip O’Neill before he retired. Today, the Republican leaders have committed. Jerome Siefman, the What I remember from that short chosen to trample the Constitution former Democratic chief counsel of the time that I was here, not knowing with partisan arrogance in order to Committee on the Judiciary, wrote re- whether I would come back, is remarks strike a political blow against Presi- cently that in his view, ‘‘There is now from Tip O’Neill and remarks from the dent Bill Clinton. Today, the American more than substantial evidence to con- gentleman from Illinois (Mr. HYDE). people clearly oppose impeachment. sider that the President has committed Both of them said to me in the short But the Republican leaders, blind impeachable offenses, and that the time I was here, whether you are here above their own sanctimonious piety Congress has a moral, ethical, and con- 3 weeks, as I was, or whether you are and hypocrisy, have chosen to push our stitutional responsibility to vote to here for 30 years, this is the people’s Nation to the brink, the brink of a con- impeach in this situation.’’ House. This is the House of democracy. stitutional crisis for their own political As a speaker earlier this morning That lesson was given to me by Tip benefit. mentioned, the Justice Department O’Neill and the gentleman from Illinois Today, House Republicans held Bill during this administration has pros- (Mr. HYDE). To not have the availabil- Clinton to a standard that neither the ecuted 700 people for perjury type of- ity to us today to vote on a censure current Speaker, nor the Speaker-elect fenses. One of our leading syndicated December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11865 columnists summed up by asking, are torney General, saying that the President has his power would send a terrible message to we people of the Constitution? committed felony offenses. American children. It would teach them that Mr. Speaker, I rise in support of these Arti- Jerome Ziefman wrote recently in the Wall promises may be broken, that solemn oaths cles of Impeachment because of the very seri- Street Journal: are no more than mere words. ous allegations of felonies contained in them. As a lifelong Democrat and chief counsel of Leaders should be worthy of the trust Before coming to Congress, I spent 71¤2 the House Judiciary Committee at the time placed in them. President Clinton betrayed this years as a criminal court judge trying felony of the Nixon impeachment inquiry, I believe trust, and no hollow last-minute apologies or criminal cases. I have a personal responsibility to speak out legal hairsplitting can erase this betrayal. I re- about the current impeachment crisis. And I Unfortunately, I believe some Members of main convinced that a President cannot lead Congress are forgetting, ignoring, or perhaps believe my fellow Democrats on today’s Ju- diciary Committee have a moral, ethical, without the trust of the American people, and do not understand the proper role of the and constitutional responsibility to vote to he cannot govern where he commands no re- House in an impeachment proceeding. impeach President Clinton. Like most tradi- spect. Also, I had lunch with former Senator How- tional Democrats—like most Americans—I My first wish is that the President take re- ard Baker this week, and he said many people have grave reservations about Mr. Clinton’s sponsibility for his actions and put a stop to are missing a very key difference between the morality and ethics. In my view there is now this process. He should resign and allow us all impeachment proceedings today and at the more than substantial evidence to consider to put this matter behind us. Unfortunately, he time of the Watergate hearings. our President a felon who has committed im- has chosen to place his ``legacy'' ahead of our peachable offenses. Senator Baker said those who wishfully talk Nation's interests. As a result, Mr. Speaker, about the bipartisan nature of Watergate are As one of our leading syndicated columnists we are bound by our oaths to fulfill our con- forgetting or overlooking the fact that many summed up: stitutional duty and vote to impeach him. The Republicans came forward then and put aside Are we people of the Constitution? Are we President of the United States broke the law, their partisanship even though it went against a nation of laws? Do Americans believe that perjury, obstruction of justice and lying to a violated his oath, and dishonored himself and a President of their own party. our country. No poll or posturing erases that Today, not only are almost all Democratic federal grand jury—all felonies for a private fact. We must send a message that no one, Members siding with the President, they are citizen are not felonies when done by a presi- dent? Is a president above the laws that bind no matter how powerful or how popular, is adopting his strategy of attacking his attackers other men? above the law. in a very partisan, very aggressive manner. Mr. Speaker, I will vote to send these arti- Republicans have been criticized by many Senator Baker also told me at our lunch that cles of impeachment to the U.S. Senate for on the national media for being partisan. How- the Senate could conclude this matter in one disposition. I do so because I swore an oath, ever, in reality, we should take lessons from day if they really wanted to. and I take my oaths very seriously. I do so be- the Democratic members of the Judiciary I hope that if the House votes to impeach, cause the President, unfortunately, does not. Committee on how to be partisan. the Senate moves quickly and that the Presi- Mr. MCCOLLUM. Mr. Speaker, I yield We cannot hold a candle to the other party dent and his lawyers and supporters do not 1 minute to the gentleman from Flor- when it comes to partisanship. use the stall and delay tactics that have Democrats, almost in lockstep fashion, are dragged this matter on too far already. ida (Mr. BILIRAKIS). Mr. BILIRAKIS. Mr. Speaker, I rise saying they find the President's behavior rep- Mr. McCOLLUM. Mr. Speaker, I yield today with a heavy heart, but with a rehensive, But . .. 30 seconds to the gentleman from Cali- This ``but'' is about as big as ``but'' can be fornia (Mr. PACKARD). solemn sense of duty, and that is to and essentially means the President should (Mr. PACKARD asked and was given support all four articles of impeach- once again get away with things no once else permission to revise and extend his re- ment against the President of the could get away with. marks.) United States. I want to believe my As to the House's proper role in an im- Mr. PACKARD. Mr. Speaker, it is president. I cannot. I hoped he would peachment, it is really that of a grand jury. with heavy heart that I rise today in keep his promise to have the most ethi- Jonathan Turley, a law professor at George support of impeachment. I took an cal administration in history. He did Washington University, said in his testimony oath to uphold the Constitution and not. before the Judiciary Committee: defend it against all enemies, and I I want to accept his explanation that The roles of the House and Senate roughly would betray my conscience and my he did not lie under oath, commit per- resemble the classic grand jury and petit country if I were to ignore this oath. I jury, obstruction of justice, or abuse jury models. Under the Constitution, the rise in favor of impeachment because the power of his office. However, his ac- House functions much like a grand jury. we all swore an oath, and I take my tions and comments over the past 11 Like a grand jury, the House does not rule on oaths very seriously, even though the months have shaken my confidence in the merits of impeachment allegations, a President does not. his ability to distinguish truth from function given exclusively to the Senate. My first wish is that the President fiction. The Washington Times wrote: resign. Unfortunately, he has chosen to If you can’t convince them, confuse The Constitutional system of impeach- place his legacy ahead of our Nation’s them, President Harry Truman once ment gives the House the role of grand jury. interest. Mr. Speaker, I will vote to quipped. Like many Americans, I have The only decision to make is whether the send these articles of impeachment to been confused by the President’s deni- bulk of unproven information presents a prima facie case that needs to be tried by the the Senate. als, admissions, declarations, and Senate. Mr. Speaker, it is with a heavy heart that I apologies over the past year. I have no The Atlanta Constitution stated that: rise today in support of these articles of im- doubt, however, that the President has peachment. Voting to impeach the President The U.S. Constitution makes the House of engaged in a clear and calculated pat- Representatives a grand jury and the Senate of the United States is not a responsibility I tern of deception. The integrity of the a trial court for impeachment proceedings, enjoy, and it is not one I take lightly. But I took presidency, Mr. Speaker, must always but it does not spell out how each body an oath to uphold the Constitution and defend take priority over the self-interest of should handle its responsibilities. it against all enemies, both foreign and do- the current occupant of that office. I do not think the grand jury system is fair, mestic, and I would betray my conscience and Mr. Speaker, failing to hold the and I believe it should be changed or elimi- my country if I were to ignore this oath. President accountable for his actions nated. I am not a lawyer. Nor am I an enemy of would create a dangerous double stand- However, unless or until the law is changed, the President or a member of any ``right wing ard. To borrow a phrase from George a grand jury is required to indict someone if conspiracy.'' I am a father, a grandfather, and Orwell’s Animal Farm, we would be es- there is any reasonable possibility that a crime a public servant. As a public servant, I cannot tablishing a principle that some Amer- has been committed. look away when those entrusted to enforce icans are more equal than others. Our Founding Fathers envisioned that even and uphold our laws choose instead to place Mr. Speaker, I rise today with a heavy some misdemeanors might require impeach- their personal interests ahead of the Nation's. heartÐbut with a solemn sense of dutyÐto ment. Does anyone really believe they would And as a father and grandfather, I cannot support all four articles of impeachment have said we should ignore or overlook felo- allow this President to escape accountability against the President of the United States. nies? for violating the laws he swore to uphold. To Like most Americans, I have closely fol- We now have a report from the independent issue a ``slap on the wrist'' to a leader who lowed the Judiciary Committee's proceedings counsel, appointed by the President's own At- commits perjury, obstructs justice, and abuses in recent weeks. Over the past few days, I H11866 CONGRESSIONAL RECORD — HOUSE December 18, 1998 have carefully studied the Committee's find- I disagree. He can tell ``the truth, the whole against; to charge with a crime or mis- ings and again reviewed the available evi- truth, and nothing but the truth.'' He swore to demeanor; and to charge . . . with mis- dence. After serious consideration of these do so in the Paula Jones civil deposition and conduct in office.'' The evidence demonstrates issues, I am convinced that the President in his federal grand jury testimony. The evi- that the President must be charged with per- committed perjury, obstructed justice, and dence demonstrates, however, that he know- jury, obstruction of justice, and abusing the abused the power of his office. ingly lied under oath. power of his office. He has exhibited gross The Constitution of the United States em- While President Clinton claims to be re- misconduct in office. He should now be held powers the House of Representatives to im- morseful, he continues to ignore the evidence accountable for his actions and stand before peach public officials who engage in ``treason, and to deny his unlawful actions. His reliance the Senate in judgment. bribery, or other high crimes and misdemean- on legalisms and abrsurd grammatical con- When I was sworn in as a member of the ors.'' Impeachment is not a punishment. It is structions is an insult to the common sense of House of Representatives, I took a solemn a process established by the Constitution to the American people. oath to ``support and defend the Constitution protect our democracy and preserve the rule The President's defense was similarly un- of the United States against all enemies, for- of law. convincing. Instead of refuting the Independ- eign and domestic . . .'' I am confident that Historical writings on impeachment clearly ent Counsel's charges, the President's lawyers history will judge my vote to impeach the define its role as a democratic safeguard. In claimed that his transgressions do not rise to President as one borne not from malice, but Federalist Paper Number Sixty-Five, Alexan- the level of impeachable offenses. I believe out of love for my country, and in defense of der Hamilton wrote that a President may be they do, and the Constitution directs Congress my sworn oath. impeached for ``offenses which proceed from to make that determination. Mr. CONYERS. Mr. Speaker, I yield the misconduct of public men, or in other The President's lawyers argued that his 30 seconds to the gentleman from Mas- words, from the abuse of violation of some conduct, even if admitted, would never result sachusetts (Mr. MEEHAN). public trust.'' in criminal prosecution. However, constitu- Mr. MEEHAN. Mr. Speaker, to re- James Madison explained the impeachment tional scholar Bruce Fein summarized studies spond to the gentleman from Arkansas power at the 1787 Constitutional Convention of impeachment by concluding that ``impeach- (Mr. HUTCHINSON), every single charge by stating that ``some provision should be able offenses were envisioned as political that is made by the majority was re- made for defending the community against the crimes against the nation, which might or sponded to in our minority report. incapacity, negligence, or perfidy of the chief might not be indictable under the criminal That is number one. magistrate.'' code.'' Secondly, only under this system, Our government is founded on the simple I believe the weight of the evidence is over- with the majority railroading this premise that ``all men are created equal.'' whelming. It leads me to conclude that the president, could we have a system Equal justice under the law is more than a slo- President committed perjury, obstructed jus- where someone is accused of perjury, gan. It is the bedrock principle that supports tice, and abused the power of his office. He and they will not even tell us which our democracy. It is too important to set aside committed impeachable offenses by breaking words are perjurious. Nowhere in simply to avoid unpleasant or inconvenient the very laws he twice swore to ``preserve, America could they ever charge some- consequences. protect, and defend.'' He knowingly subverted one with perjury and not tell them Our President violated the public trust. His the judicial process and intentionally deceived what they said. Finally, there is no judicial proceed- offenses arose from reckless personal mis- the courts, federal officials, his friends and ing anywhere in this country where we conduct, but they were very clearly public in family, and the American people. would not have a witness, a material nature. Perjury, obstruction of justice, and As our nation's senior law enforcement offi- witness, come before the bar; nowhere abuse of power can hardly be described as cial, the President must be held responsible but under their majority. ``private conduct.'' for his actions. Perjury undermines the rule of We do not have the option of simply ``forgiv- Mr. CONYERS. Mr. Speaker, I yield 1 law. It cannot be overlooked or ignored. Over minute to the gentleman from Califor- ing'' the President's unlawful behavior. Failure one hundred people are currently incarcerated nia (Mr. BECERRA). to hold the President accountable for his ac- in federal prisons for committing perjury in civil (Mr. BECERRA asked and was given tions would seriously undermine the rule of cases. How can we demand responsibility permission to revise and extend his re- law. Under these circumstances, the Constitu- from them while judging the President by a dif- marks.) tion compels us to follow the impeachment ferent standard? Mr. BECERRA. Mr. Speaker, I thank process to its conclusion. The answer, of course, is that we cannot. the gentleman for yielding time to me. I want to believe my President. I cannot. I The integrity of the presidency must always Mr. Speaker, that is what we have been hoped he would keep his promises to have take priority over the self-interests of the cur- reduced to. We are reduced to 1 minute ``the most ethical administration in history.'' He rent occupant of that office. on perhaps the most important vote we did not. I want to accept his explanation that Former Supreme Court Justice Felix Frank- will ever cast. he did not lie under oath, commit perjury, ob- furter wrote in 1946 that ``If one man can be Mr. Speaker, more than the Presi- struct justice, or abuse the power of his office. allowed to determine for himself what is law, dent, we are on trial today. As we de- However, his actions and comments over the every man can. That means first chaos, then bate whether to impeach the President, past eleven months have shaken my con- tyranny. Legal process is an essential part of our actions will be judged by the Amer- fidence in his ability to distinguish truth from the democratic process.'' ican people, not only today but for gen- fiction. Mr. Speaker, failing to hold the President erations to come. ``If you can't convince them, confuse them,'' accountable for his actions would create a The standard for impeachment is President Harry Truman once quipped. Like dangerous double standard. To borrow a high: treason, bribery, high crimes, and many Americans, I have been confused by the phrase from George Orwell's novel Animal high misdemeanors. These articles of President's denials, admissions, declarations, Farm, we would be establishing the principle impeachment degrade what our fore- and ``apologies'' over the past year. I have no that some Americans are ``more equal than fathers meant by high crimes and high doubt, however, that the President has en- others.'' misdemeanors. While the President’s gaged in a clear and calculated pattern of de- This is one of the most difficult decisions I actions were reprehensible, they were ception. have ever made, or will ever make. Through- wrong, and certainly they deserve pun- On January twenty-sixth, the President out this process, my constituents made impas- ishment, they do not rise to the level wagged his finger at the American people and sioned arguments both for and against im- of offenses which meet the historical said: ``I did not have sexual relations with that peachment. I spoke with many local residents judicial standard of impeachment. woman, Ms. Lewinsky.'' who offered their heartfelt opinions on how to If we approve these articles of im- On August seventeeth, the President stared resolve this matter. peachment today, we will demean the us in the eye and said: ``I did have a relation- In the final analysis, however, I alone must institution of Congress. We will have ship with Ms. Lewinsky that was not appro- make this momentous decision. After carefully turned the most serious proceeding priate.'' reviewing all of the available evidence and that Congress can undertake into a vi- Last weekend, the President again took to legal precedents, and after much soul-search- cious example of obsessive politics. the airwaives to state that he ``could not admit ing, I have decided to support the constitu- These articles do not represent jus- to doing something that I am quite sure I did tionally prescribed remedy of impeachment. tice, they do not represent the judg- not do.'' He said all he can do now is ``the Webster's Dictionary defines the term ``im- ment of the majority of American peo- work of the American people.'' peach'' as follows: ``to bring an accusation ple, and they certainly are not the best December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11867 way for us to act as a jury. We demean Mr. CONYERS. Mr. Speaker I yield 1 ary during a current term in office, are spelled the actions of a jury, the instructions minute to the gentleman from Amer- out in our Constitution. No where does it say that any jury must follow, and cer- ican Samoa (Mr. FALEOMAVAEGA). the Congress cannot express its opinion of ac- tainly as a jury, we will be judged into (Mr. FALEOMAVAEGA asked and tions taken by a sitting President. Mr. Jack the future. was given permission to revise and ex- Maskell, author of a recent CRS report on this Mr. CONYERS. Mr. Speaker, I yield 1 tend his remarks.) issue notes that although there is ``no express minute to the gentlewoman from the Mr. FALEOMAVAEGA. Mr. Speaker, constitutional provision regarding censure . . . District of Columbia (Ms. NORTON). although I am denied the privilege of there is also no express constitutional impedi- (Ms. NORTON asked and was given voting on the floor of this great insti- ment'' for Congress to adopt a resolution ex- permission to revise and extend her re- tution, on behalf of the thousands of pressing censure. marks.) Samoan Americans men and women It is also being argued that censure is no Ms. NORTON. Mr. Speaker, this im- who proudly wear with pride and honor more than a slap on the wrist. In fact, strongly- peachment is unfair on three counts. It the uniforms of our armed services worded resolution of censure is sure punish- is unfair to the President, whose ad- wherever they are in the world, I am ment which would have greater impact, in cur- mitted misconduct in covering up a grateful for at least the privilege to ex- rent terms and in the future, than this doomed- private sexual affair cannot compare to press an opinion on this most serious to-fail effort to remove the President from of- the Nixon precedent, where high State issue that is now before this body. fice. crimes were not in doubt; it is unfair to Mr. Speaker, if we proceed to vote on In addition to being disproportionate to the the country, because the preference of the articles of impeachment, as man- wrongs committed, a trial in the Senate based the voters for censure of the President dated or forced upon the Democratic on articles of impeachment adopted by the is being barred even from consider- Members by our friends in the major- U.S. House of Representatives will distract the ation; it is unfair to the people who ity, I find it difficult to comprehend Nation for months and make it more difficult live in this city, whose 23rd amend- why procedurally the Members on this for the Congress to attend to its legislative du- ment constitutional right to vote for side of the aisle are not at least af- ties. Such an action at this time lowers the president has been denied, because they forded the courtesy of voting, as a mat- standard for future impeachments, and will en- cannot vote for removal of the Presi- ter of conscience, to censure the Presi- courage future Congresses to bring articles of dent. dent of the United States. They have impeachment against future Presidents for of- We are converting a solemn constitu- the votes to impeach, but for the sake fenses other than ``high crimes and mis- tional process into a petty political of fairness, why are Members so ada- demeanors.'' proceeding. The people, acting offi- mant in not allowing other Members As a practical matter, a trial in the Senate cially on November 3rd, repudiated im- who also represent millions of our fel- on articles of impeachment against President peachment, yet the majority has de- low Americans to vote for censure? nied a vote on the public preference for Mr. Speaker, I say to my friends in Clinton will likely not resultÐin my opinionÐin censure, defying its own announced the majority, and they are my friends, a conviction by a two-thirds majority vote as standard that no impeachment could when all of this is over, with blood all required by the constitution. occur without bipartisanship. The ma- over this floor, my friends in the ma- Mr. Speaker, if we proceed to vote on the jority is headed for an incredible par- jority will have pounded and hammered articles of impeachment as mandated or tisan party line vote to impeach the some 218 nails on the flesh of this man forced upon the Democratic Members by our President. This impeachment is raw without even an ounce of blood as a friends in the majority, I find it difficult to com- with unfairness. cure. prehend why, procedurally, the Members on Mr. Speaker, this impeachment is unfair on Mr. Speaker, although I am denied the privi- this side of the aisle are not at least afforded three counts. It is unfair to the President lege of voting on the floor of this great institu- the courtesy of votingÐas a matter of con- whose admitted misconduct in covering-up of tion, on behalf of the thousands of Samoan- scienceÐto censure the President of the a private sexual affair cannot compare to the American men and women who proudly wear United States. You have the votes to impeach, Nixon precedent where high stake crimes with pride and honor the uniforms of our but for the sake of fairness, why are you so were not in doubt. It is unfair to the country armed servicesÐwherever they are in the adamant in not allowing other members, who because the preference of the voters for cen- worldÐI am grateful for at least the privilege also represent millions of our fellow Ameri- sure of the President is being barred even to express an opinion on this most serious cans, to vote for censure? from consideration. It is unfair to the people issue that is now before this body. Mr. Speaker, I say to my friends in the ma- who live in this city, who have a 23rd amend- Some twenty-four years ago Congress jorityÐand you are my friendsÐwhen all this ment constitutional right to vote for President moved toward the impeachment of President is over, with blood all over this floor, my but have been denied a vote on removal of Nixon. In that case, President Nixon directed friends in the majority will have pounded and the President. the FBI and CIA to coverup illegal activity, hammered some 218 nails or more on some We are converting a solemn constitutional used the IRS to investigate political enemies, 218 pounds of this man's flesh with your process into a petty political proceeding. The and cheated on his personal income taxes. hands, without even an ounce of blood as a framers raised the bar as high as possible al- Those actions were grave enough that it was cure. lowing impeachment not even for crimes, but expected that more than a two-thirds majority Mr. Speaker, this is a sad day for our Amer- only for high crimes. The Republicans have of the Senate would vote to convict. In con- ican democracy. Instead of acting according to lowered the bar as low as they can to reach trast, the actions taken by President Clinton the highest principles of compromise, consen- tawdry private consensual sex. were of a personal nature and his attempts to sus and bipartisanship, the American people The framers sought to make partisan im- save himself and his family from personal em- are witnessing the worst example of how we, peachment a contradiction in terms; the major- barrassment are not, in my opinion, impeach- as representatives of the people, are acting in ity is making it a reality. The people acting offi- able. a most pathetic, mean-spirited, adversarial, cially on November 3rd repudiated impeach- Some have argued that a resolution of cen- partisan process. ment. Yet, the Majority has denied a vote on sure is unconstitutional. I am not persuaded Mr. Speaker, I submitÐGod definitely needs the public preference for censure. Defying its by that argument. For one reason, such reso- to bless America. own announced standard that no impeach- lutions have been pursued on several occa- Mr. MCCOLLUM. Mr. Speaker, I yield ment could occur without bipartisanship, the sions in the past, including a Senate censure such time as he may consume to the Majority is heading for an incredible partisan, of Andrew Jackson in 1834, resolutions and gentleman from Louisiana (Mr. party line vote to impeach the President. statements of censure against President John MCCRERY). This impeachment is unfair to the people of Adams in 1800, against President John Tyler (Mr. MCCRERY asked and was given the District of Columbia. The Majority has rel- in 1842, against President James Polk in permission to revise and extend his re- egated them to the functional equivalent of 1848, and against President James Buchanan marks.) partial citizensÐgood enough to vote for presi- in 1860 and 1862. In more modern times, two Mr. MCCRERY. Mr. Speaker, I rise in dent, but not good enough to decide whether censure resolutions were brought against support of the articles of impeachment. to remove him. President Richard Nixon, one in 1973 and one Mr. Speaker, private sexual relations be- This impeachment is raw with unfairness. in 1974. tween consenting adults should be just thatÐ Only a repudiation of all articles can save us The actions the Congress cannot take private. If President Clinton had simply been now. against a President, such as reducing his sal- revealed to have had an extra-marital affair, H11868 CONGRESSIONAL RECORD — HOUSE December 18, 1998 the U.S. House of Representatives would not of justice in this country, and are therefore im- to remember, and for the public to re- be considering articles of impeachment. Unfor- peachable offenses. As a lawyer, had I com- member, this House did not arbitrarily tunately, the President's troubles arise from a mitted the offenses the President committed, I choose to do this. This case was forced number of actions quite different from private, would be disbarred. Should the President be upon us as a consequence of the Presi- consensual sexual encounters. held to a lower standard than that expected of dent’s failure to deal directly with the Before the President even knew Monica lawyers in this country? Surely not. Paula Jones lawsuit years ago, and Lewinsky, he was the defendant in a civil law- It is important, if not critical, for the U.S. then of course at the same time over suit filed by Paula Jones, a former Arkansas House of Representatives to approve articles the years, including the 18 months state employee, who claimed that, while she of impeachment against President Clinton in under investigation, while under inves- was a state employee, the governor of Arkan- order to send the message to the citizens of tigation by the Independent Counsel’s sas, Bill Clinton, made a crude and unwanted our Nation that the rule of law is a crucial part office. sexual request of her. Ms. Jones claimed in of the foundation of our society, and that no The issue before us today is, can the the lawsuit that she was emotionally upset by one, not even the President, no matter how House fulfill its constitutional obliga- the governor's action and that she suffered in popular he might be, is above the law. tion and not yield to the spinmeisters her job as a state employee as a result of her Mr. MCCOLLUM. Mr. Speaker, I yield or the talk shows. This is not a matter refusal to grant the governor's request for her 11⁄2 minutes to the gentleman from of a popularity or an uninformed poll. to perform a particular sex act with him. The California (Mr. ROGAN). It is a matter of our constitutional ob- subject of this lawsuit was not a consensual Mr. ROGAN. Mr. Speaker, I thank ligation, and how we can turn this over sex act, but an unwanted sexual advance by the gentleman for yielding time to me. to the Senate for trial. Mr. Speaker, some now suggest that the male employer of a female. Mr. Speaker, I bear no animosity to- In any civil lawsuit, the plaintiff has the right holding a President, accountable after wards the President. I do not wish him to call witnesses to testify under oath as to the committing perjury in a criminal ill. Clearly, any sins that may have grand jury proceeding amounts to a truthfulness of the claims being made in the been committed are between him and coup d’etat or will bring blood on the lawsuit. Central to our civil justice system is the Lord, and any infidelities must re- floor demeans the level of this debate. main between him and his family. the requirement that witnesses under oath tell I quote from Dr. Larry Arnn: the truth, unless such testimony would tend to But we cannot deny the damage that Elections have no higher standing under incriminate them, in which case the witness has been done to his office and to our our Constitution than the impeachment Nation. He is the chief executive offi- can claim the 5th Amendment to the Constitu- process. Both stem from provisions of the tion and refuse to testify. cer and our chief law enforcement offi- Constitution. The people elect the President cer of the United States, under the President Bill Clinton was called to testify in to do a constitutional job. They act under the discovery phase of the Paula Jones law- the Constitution when they do it. At the Constitution. It is the obligation of suit. Under oath, President Clinton made a same time they elect a Congress to do a dif- this Congress and the Committee on number of statements which have since been ferent constitutional job. The President the Judiciary to make this case to the shown to be false. Taken together, these lies swears an oath to uphold the Constitution. people so that they will understand So does the Congress. Everyone concerned is that the bottom line issue is that no under oath were clearly calculated to thwart acting in ways subordinate to the Constitu- the Jones v. Clinton federal civil judicial pro- one is above the law. That has to be de- tion, both in elections and in the impeach- termined with a full trial in the Sen- ceeding. ment process. Upon the discovery of evidence indicating If a President is guilty of acts justifying ate. the President may have committed perjury, a impeachment, then he and not the Congress b 1815 will have ‘‘overturned the election.’’ He will federal criminal grand jury was charged with Mr. Speaker, history will judge us. investigating the matter. President Clinton tes- have acted in ways that betray the purpose of his election. He will have acted not as a Our children and our grandchildren tified under oath before that grand jury and, constitutional representative, but as a mon- will know whether we voted to endorse once again, told a series of calculated lies. arch, subversive of, or above the law. and buttress the rule of law and allow Good lawyers may quibble over whether the Mr. MCCOLLUM. Mr. Speaker I yield our constitutional process to work. President's lies under oath constitute perjury, 4 minutes to the gentlewoman from That is our obligation under the law. but I believe no reasonable, unbiased person New Jersey (Mrs. ROUKEMA). That is the oath we took as Members of would conclude that the President did not lie (Mrs. ROUKEMA asked and was Congress. under oath. I am convinced that the lies under given permission to revise and extend Mr. CONYERS. Mr. Speaker, I yield oath do constitute perjury, a felony criminal of- her remarks.) 30 seconds to the gentleman from New fense. Mrs. ROUKEMA. Mr. Speaker, we are York (Mr. NADLER). In addition to the perjurious testimony given all, all deeply saddened to be here in Mr. NADLER. Mr. Speaker, it is a by the President, I am convinced, after care- the midst of this constitutional crisis. coup d’etat when you impeach a Presi- fully studying the evidence, that the President But I am convinced that it is my con- dent for allegations that even if true engaged in a pattern of obstruction while the stitutional duty to vote for the articles the overwhelming majority of constitu- Jones v. Clinton case was pending, and while of impeachment as presented by the tional scholars say are not impeach- a federal criminal investigation was pending, in Committee on the Judiciary. able offenses. It is a coup d’etat when order to thwart those proceedings. The pattern Let us first be very clear. The case most of the prosecutors who testified of obstruction consisted primarily of tampering against the President is not about sex in front of the committee said no pros- with witnesses whom the President knew or the privacy of the President and the ecutor would seek an indictment be- would likely be called to testify before the first family. It is about the very public cause no jury would convict on the evi- criminal grand jury. Those witnesses included legal action of perjury in a civil dis- dence we have. And it is a coup d’etat Monica Lewinsky, his secretary, Betty Currie, position and before a Federal criminal when you seek to upset an election, to and numerous White House aides. grand jury. These are matters of public overturn an election without a broad In summary, this impeachment proceeding policy and the law, along with the consensus of the necessity for doing so is not about sex! It is about attempts to thwart questions of obstruction of justice and against the majority of the American proceedings in our civil and criminal justice abuse of power. people. That describes a coup d’etat, systems. It is about the President committing In this respect, I have determined Mr. Speaker. perjury in a civil lawsuit which concerned not that the evidence brought before us by Mr. CONYERS. Mr. Speaker, I yield 1 consensual sex, but a crude and inappropriate the Committee on the Judiciary is minute to the gentleman from Min- sexual advance made by an employer toward credible and substantial, and warrants nesota (Mr. VENTO). an employee. It is about the President commit- sending, and listen to this, sending (Mr. VENTO asked and was given ting perjury before a criminal grand jury. And these articles to the Senate for trial. permission to revise and extend his re- it is about the president having so little regard This is our constitutional obligation, marks.) for the rule of law that he even sought to have and one that all of us Members of the Mr. VENTO. Mr. Speaker, I rise in others commit the crime of perjury in order to House took upon us ourselves when we strong opposition to these articles of protect himself. Those acts constitute an at- took our own oath of office. impeachment. Indeed I think it is time tack by the President on our justice system, I would stress, and this is, I think, that we uphold our constitutional re- serve to undermine the orderly administration very important for all our colleagues sponsibilities, not debase them. In fact, December 18, 1998 CONGRESSIONAL RECORD — HOUSE H11869 we have a solemn duty and judgment The Republican Majority motivations to rush to permit a censure vote on the floor, intent that we are to make. to judgment today are transparent. In mid-Oc- upon using its power to frustrate and thwart I think that the report that has come tober, when the Democrat Minority sought to the will of the American people who believe back and the duty charged to the Com- limit the scope and timetable for the consider- censureÐnot impeachmentÐto be the appro- mittee on the Judiciary has been lack- ation of this Starr Report, the Republican Ma- priate penalty. ing. You have not done the job that is jority refused. Subsequently, the Starr Report Mr. Speaker, the President should be fully expected. Refusing a timetable and and Judiciary Committee investigation lan- subject to the law. Indeed, when the court per- then jamming this into two weeks guished with not a single substantive hearing mitted the private civil suit to proceed in 1997, after the election obviously gives before the November 3 elections. In fact, the President Clinton was subject to the law for al- strong suspicion to the reasons that we Congressional Republicans sought to employ leged activities before he was even elected to are doing this. the Starr Report to their advantage in this his current office in 1992. Furthermore, if the This does not stand the legal test. election cycle. Despite the House spending participation in such legal process is improper, This does not stand the constitutional $30 million on investigations on varied topics it can and should be fully adjudicated with the test. This is turning this Congress up- and the Office of the Independent Counsel ex- full ability to exercise all rights and privileges side down. This is partisanship carried pending in excess of $40 million, the American accorded every citizen. The President isn't to an extreme. It is now attacking the electorate spoke loud and clear on November above the law, neither should he be consid- basic fundamental document, the law 3. They want a Congress that will use its pow- ered below the law. The debate about the so- of the land, our Constitution and proc- ers and time to address the concerns and the called legalisms employed in this instance are ess. problems that affect the American people rath- the essence of the ``rule of law'' even as some There is a reason that there have not er than a GOP Congress which wields their venerate the ``rule of law.'' Republicans seem been impeachments in the past of the power to undercut their political opponents as all too willing to deny the President the oppor- President. The only time we can look they have since winning control in 1995. Most tunity to defend himself. to is after the Civil War when this notably, Democrats and President Clinton The proceedings before the House Judiciary country was in upheaval. The fact is, if have been the primary focus of most inves- Committee have made a mockery of the im- this is the direction that we are going, tigations. The American voters saw through portant Constitutional role accorded Congress if you are going to lower the bar and this unfair abuse of power and harassment in regards to our impeachment role. The set new precedents such as this with and have become fed up with such antics. In President was required to defend himself regard to impeachment, we are going an historic November 3, 1998 election, this against unknown Articles of Impeachment, the to keep the Senate awful busy. year the GOP majority lost significant ground Articles were composed and presented after This is an outrage, Mr. Speaker. and specifically lost on the issue of the Starr his defense was completed. Furthermore, no Mr. Speaker, I rise in strong opposition to Report and the relentless abuse of power by material witnesses testified or were subject to the Articles of Impeachment before the House. Starr and the Congressional GOP counter- cross examination. The House must not com- These articles and conclusions are unfair parts. pound the unfairness that has characterized and demonstrate very poor judgment and rank As Speaker GINGRICH announced his intent this process. This proposed action today on partisanship on the part of the Republican Ma- to step down, light shone through the partisan the Articles of Impeachment is an abuse of jority, the House Committee and Leadership. clouds that have loomed over the Congress fundamental responsibility and duty of this The House, on September 11, 1998, sent the these past years. A ray of hope existed that House. Today's action indeed spells out a new Starr report to the Judiciary Committee with this Congress would accept the people's judg- order and degraded role, cheapening the his- the charge to investigate and determine the ment. Instead, the GOP leadership quickly re- toric meaning and purpose of the impeach- validity of such assumptions. verted to unfair partisan action. Recognizing ment of a president. The Starr report, unlike the investigatory that more Democrats would be in the Con- This important impeachment role and re- work from previous Special Counsels, went gress in January 1999, they set upon a sponsibility of the House should be based on beyond a report on the proceedings before the scheme to jam through the lame-duck 105th our best effort, not a matter to be compressed Grand Jury and actually put forth conclusions. Congress an impeachment vote before the into a political timetable with questionable sub- Rather than presenting the evidence and per- new 106th Congress is sworn into office and stance and motives. The House, with this pro- mitting the Congress to make its own judge- seated. Within the Judiciary Committee due posed action, risks significant harm to the his- ment, the Starr Report superimposed the process and fairness were cast aside, perfunc- toric role and duties accorded the elected views of the Special Counsel upon the House. tory testimony and time limits were the order Members by the Constitution should we act In fact, Kenneth Starr's outspoken advocacy of the day and within a short period of two today to impeach. I urge the Members to vote for impeachment finally resulted in the res- weeks, without one direct material witness rel- no, to step back from the rush to judgement ignation of Sam Dash, the famed 1970's Wa- evant to the accounts of the Starr report and and partisan leanings that have dominated this tergate Counsel, whom Starr had personally trumped up allegations concerning questions House and permit the Committees of this engaged as the Ethics Advisor for the Office the Majority Republicans asked President Clin- House to properly do their job. The standard of Independent Counsel. ton. The end productÐthese four Articles of must be clear and convincing evidenceÐnot The Judiciary Committee, with the authority Impeachment are grossly unfair, and that was second hand information, conjecture and a of the House vote, had the responsibility to insured by the manner and lack of deliberation schedule of convenience for the Members of fully evaluate this 450-page report, the seven- that shaped their substance. the House. If such allegations have merit, then teen boxes of testimony and the additional That the President was evasive, unclear and take the time to do the task and exercise the materials. The final product presented today uncooperative regards his representations responsibility properly. Vote no on these arti- as Articles of Impeachment has failed signifi- concerning an extramarital affair is clear. How- cles and against this unfair procedure and cantly to achieve an independent, credible, bi- ever, even assuming that President Clinton's process. partisan consensus concerning the conduct of testimony in these instances is unlawfulÐa Mr. CONYERS. Mr. Speaker, I yield 1 the President. The standard of evidence is point which has not been provenÐthis matter minute to the gentlewoman from Flor- second hand and is far short of the Watergate does not rise to the level of an impeachable ida (Ms. BROWN). criteria of clear, convincing evidence. offense. It is not treason, bribery, or other high (Ms. BROWN of Florida asked and The Judiciary Committee and the Repub- crime or misdemeanor. It does not involve the was given permission to revise and ex- lican Majority permitted this major Constitu- official duties and role of the President. It is a tend her remarks.) tional role to languish, spending most of the personal matter as are the relations of other Ms. BROWN of Florida. Mr. Speaker, limited time debating which material should be public officials that do not touch upon their of- the Bible says, let he without sin cast made public. Unfortunately, throughout the ficial duties. Certainly, this behavior and the the first stone. time period from September 11 until today, the subsequent questionable conduct in giving Let me tell you in this Chamber, it is Judiciary Committee did not hear from a single testimony merits our strong reprimand and full of sinners. I am here on behalf of direct witness and never subjected any wit- censure, not impeachment. Unfairly, a censure my constituents who want me to tell ness to cross examination. Rather, this report action will not be allowed by the Republican the President that they love him and rubber stamps numerous allegations of the Majority today in this House. In an effort to in- they are praying for him and the coun- Starr report and sees fit to manufacture a fur- sure that these weak questionable Articles of try. ther Article of Impeachment from the 81 ques- Impeachment prevail, the GOP Majority Lead- The Republicans say that their sin is tions put forth by the Republican Majority. ership has steadfastly refused the opportunity different from the President’s. They H11870 CONGRESSIONAL RECORD — HOUSE December 18, 1998 are hypocrites. What a shame that Republicans hate him because he beat Medicare for the elderly. These are the while the troops are fighting for us in them on every single issue. crimes that should be punished. Let me tell you what the real crime the Persian Gulf, we are having this This is a modern day coup d’etat, Mr. silly and stupid debate because of your and high misdemeanor is, my fellow Americans. In 1994, the leaders an- Speaker. It is the final piece of their hatred of the President. The President nounced their Contract on America. contract. You can fool some of the peo- is like David from the Bible. He is the And today is the final agenda of that ple some of the time, but you cannot favorite one. He is the favorite one be- contract. They began their contract by fool all of the people all of the time. cause he does the people’s work. The attempting to cut school lunch, Head And let me tell you, the American peo- Start, food stamps, health care and ple are not fooled by your motives.

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

ADJOURNMENT 12346. A letter from the Administrator, Ag- emptions [OPP–300754; FRL 6041–4] (RIN: 2070–AB78) received November 19, 1998, pursu- Mr. SENSENBRENNER. Mr. Speak- ricultural Marketing Service, Department of Agriculture, transmitting the Department’s ant to 5 U.S.C. 801(a)(1)(A); to the Committee er, I move that the House do now ad- final rule—Egg Products Inspection Act Reg- on Agriculture. journ. ulations [Docket No. PY–99–001] received De- 12354. A letter from the Director, Office of The motion was agreed to; accord- cember 18, 1998, pursuant to 5 U.S.C. Regulatory Management and Information, ingly (at 10 o’clock p.m.), under its pre- 801(a)(1)(A); to the Committee on Agri- Environmental Protection Agency, transmit- vious order, the House adjourned until culture. ting the Agency’s final rule— tomorrow, Saturday, December 19, 1998, 12347. A letter from the Administrator, Hydramethylnon; Extension of Tolerance for Emergency Exemptions [OPP–300752; FRL– at 9 a.m. Agricultual Marketing Service, Department of Agriculutre, transmitting the Depart- 6040–9] (RIN: 2070–AB78) received November f ment’s final rule—Egg Products Inspection 19, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Act Regulations [Docket No. PY–99–001] re- the Committee on Agriculture. EXECUTIVE COMMUNICATIONS, 12355. A letter from the Director, Office of ceived December 18, 1998, pursuant to 5 ETC. Regulatory Management and Information, U.S.C. 801(a)(1)(A); to the Committee on Ag- Environmental Protection Agency, transmit- Under clause 2 of rule XXIV, execu- riculture. ting the Agency’s final rule—Bifenthrin; Pes- tive communications were taken from 12348. A letter from the Director, Office of ticide Tolerances for Emergency Exemptions the Speaker’s table and referred as fol- Regulatory Management and Information, [OPP–300762; FRL–6048–1] (RIN: 2070–AB78) re- lows: Environmental Protection Agency, transmit- ceived December 14, 1998, pursuant to 5 12341. A letter from the Administrator, Ag- ting the Agency’s final rule—Cymoxanil; U.S.C. 801(a)(1)(A); to the Committee on Ag- ricultural Marketing Service, Department of Pesticide Tolerances for Emergency Exemp- riculture. Agriculture, transmitting the Department’s tions [OPP–300747; FRL–6038–5] (RIN: 2070– 12356. A letter from the Director, Office of final rule—Tart Cherries grown in the States AB78) received November 23, 1998, pursuant Regulatory Management and Information, of Michigan, et al.; Establishment of Rules to 5 U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- and Regulations for Grower Diversion and a Agriculture. ting the Agency’s final rule—Copper Ammo- compensation rate for the Cherry Industry 12349. A letter from the Director, Office of nium Complex; Exemption from the Require- Administrative Board Public Member and Regulatory Management and Information, ment of a Tolerance [OPP–300765; FRL 6048– Alternate Public Member [Docket No. FV97– Environmental Protection Agency, transmit- 5] (RIN: 2070–AB78) received December 14, 930–2 FR] December 14, 1998, pursuant to 5 ting the Agency’s final rule—Imidacloprid; 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on Ag- Extension of Tolerance for Emergency Ex- Committee on Agriculture. riculture. emptions; Correction [OPP–300743A; FRL– 12357. A letter from the Director, Office of 12342. A letter from the Administrator, 6043–6] (RIN: 2070–AB78) received November Regulatory Management and Information, Food Safety and Inspection Service, Depart- 23, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Environmental Protection Agency, transmit- ment of Agriculture, transmitting the Serv- the Committee on Agriculture. ting the Agency’s final rule—Tralkoxydim; ice’s final rule— Termination of Designation 12350. A letter from the Director, Office of Time-Limited Pesticide Tolerances [OPP– of the State of Minnesota With Respect to Regulatory Management and Information, 300764; FRL–6048–4] (RIN: 2070–AB78) received the Inspection of Meat and Meat Food Prod- Environmental Protection Agency, transmit- December 14, 1998, pursuant to 5 U.S.C. ucts [Docket No. 98–048F] received December ting the Agency’s final rule—Metolachlor; 801(a)(1)(A); to the Committee on Agri- 14, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Extension of Tolerance for Emergency Ex- culture. 12358. A letter from the Chief, Programs the Committee on Agriculture. emptions [OPP–300746; FRL–6038–4] (RIN: and Legislation Division, Office of Legisla- 12343. A letter from the Congressional Re- 2070–AB78) received November 23, 1998, pursu- tive Liaison, Department of the Air Force, view Coordinator, Animal and Plant Health ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting notification that the Com- Inspection Service, Department of Agri- on Agriculture. mander of Air Force Materiel Command is culture, transmitting the Department’s final 12351. A letter from the Director, Office of Regulatory Management and Information, initiating a single-function cost comparison rule—Solid Wood Packing Material From of the Base Supply Functions at the United Environmental Protection Agency, transmit- China [Docket No. 98–087–4] (RIN: 0579–AB01) States Air Force Academy, Colorado, pursu- ting the Agency’s final rule—Myclobutanil; received December 17, 1998, pursuant to 5 ant to 10 U.S.C. 2304 nt.; to the Committee on Extension of Tolerance for Emergency Ex- U.S.C. 801(a)(1)(A); to the Committee on Ag- National Security. riculture. emptions [OPP–300761; FRL–6046–9] (RIN: 12359. A letter from the Assistant Sec- 12344. A letter from the Congressional Re- 2070–AB78) received November 23, 1998, pursu- retary for Export Administration, Depart- view Coordinator, Animal and Plant Health ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment of Commerce, transmitting the Depart- Inspection Service, Department of Agri- on Agriculture. ment’s final rule—Exports of High Perform- culture, transmitting the Department’s final 12352. A letter from the Director, Office of ance Computers; Post-shipment Verification rule—High-Temperature Forced-Air Treat- Regulatory Management and Information, Reporting Procedures (RIN: 0694–AB78) re- ments for Citrus [Docket No. 96–069–2] re- Environmental Protection Agency, transmit- ceived November 4, 1998, pursuant to 5 U.S.C. ceived December 17, 1998, pursuant to 5 ting the Agency’s final rule—Thiabendazole; 801(a)(1)(A); to the Committee on National U.S.C. 801(a)(1)(A); to the Committee on Ag- Extension of Tolerance for Emergency Ex- Security. riculture. emptions [OPP–300757; FRL–6044–5] (RIN: 12360. A letter from the Secretary of En- 12345. A letter from the Administrator, 2070–AB78) received November 23, 1998, pursu- ergy, transmitting a report on Russian tax- Grain Inspection, Packers and Stockyards ant to 5 U.S.C. 801(a)(1)(A); to the Committee ation of nonproliferation funds furnished by Administration, Department of Agriculture, on Agriculture. the Department of Energy’s Initiatives for transmitting the Department’s final rule— 12353. A letter from the Director, Office of Proliferation Prevention; to the Committee Fees for Official Inspection and Weighing Regulatory Management and Information, on National Security. Services (RIN: 0580–AA66) received December Environmental Protection Agency, transmit- 12361. A letter from the Assistant to the 18, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to ting the Agency’s final rule—Tebufenozide; Board, Board of Governors of the Federal Re- the Committee on Agriculture. Extension of Tolerance for Emergency Ex- serve System, transmitting the System’s