IMPEACHMENT: A Guide for Candidates

{ An Explainer About the Meaning and History of Impeachment { ’s Eight Impeachable Offenses { FAQ on Impeachment “ He might lose his capacity after his appointment. He might What Is pervert his administration into a scheme of peculation or Need to oppression. He might betray his trust to foreign powers.”

JAMES MADISON ON IMPEACHMENT, 1787 Impeach?

Dear Candidate: Tom Steyer launched the Need to Impeach movement on October This booklet contains the materials you need to understand 20, 2017, calling on supporters to sign an online petition. More than the issues regarding the case for the impeachment of Donald 5 million people have since signed the petition, creating a digital Trump, including a brief history of impeachment, an explanation army of supporters that many political strategists call a formidable of the term “high crimes and misdemeanors,” an overview of and powerful political tool. Learn more at: Donald Trump’s impeachable offenses, and a list of frequently asked questions. www.NeedtoImpeach.com As a candidate seeking elected office, it is important for you to understand this subject, which is too often misunderstood. Donald Trump is a clear and present danger to our country, and his actions have already superseded the threshold for impeachment as originally conceived by our nation’s Founding Fathers. With this guide, we hope to share why our grassroots movement, powered by millions of Americans, is demanding to hold Trump accountable for his offenses.

We thank you for taking the courageous step to pursue public life and service for our country. Please consider us as a resource to help inform you about the steps we must take to remove one of the gravest dangers our country has ever confronted. We have also created a way to continue this dialogue beyond this guide. You can sign up to receive more information at www.needtoimpeach.com/candidates. We look forward to staying in touch.

Sincerely,

Tom Steyer

P.S. We would love to hear from you! Feel free to contact us by emailing us at [email protected]. The Top Five Reasons Need to Impeach Supporters Support for Impeachment Increases When Mueller’s Investigation Believe Donald Trump Should Be Impeached Uncovers Wrongdoing by the Trump Campaign

We recently asked Need to Obstructed justice by firing FBI Director Recent polling by Stand Up America and Greenberg Quinlan Rosner Impeach supporters for the demonstrates that support for impeachment will increase if Special Counsel James Comey (92 percent) top five reasons they believe 1 Robert Mueller uncovers almost any type of illegal coordination, obstruction Donald Trump should be of justice, or financial crime committed by Donald Trump, his aides, or his impeached. They answered 58 legal scholars say he’s committed campaign regardless of Trump’s direct involvement with the wrongdoing. as follows: impeachable offenses (91 percent) Imagine this summer, Special Counsel Mueller announces he has proof that... At % Support % Oppose 2 that point, would you support or oppose the impeachment of President Trump? Impeachment Impeachment

[Illegal coordination, Trump involved] He has proof that top people on Trump’s campaign Enriched himself and his family (91 percent) worked illegally with Russia to undermine the 2016 election, and announces that Donald 65% 35% Trump was personally involved in these efforts. 3 [No Illegal coordination, but financial crimes involving Trump] There is no clear evidence that Donald Trump or his campaign worked illegally with Russia to undermine the 2016 election. But, during his investigation Mueller found evidence of crimes like money 63% 37% He is too unstable to have nuclear weapons laundering committed by Trump’s real estate company, done at his personal direction, in advance of the 2016 election. (91 percent) 4 [Illegal coordination, Trump not involved, plus obstruction involving Trump] He has proof that top people on Trump’s campaign worked illegally with Russia to undermine the 2016 election, but Trump himself was not personally involved. However, he does find proof that 62% 38% Donald Trump personally obstructed justice in attempt to cover up his staff’s actions, such Colluded with Russia (90 percent) as by firing FBI Director James Comey to try to block the Russia investigation. [Obstruction, Trump involved] There is no clear evidence that Donald Trump or his campaign worked illegally with Russia to undermine the 2016 election. However, he does 62% 5 find proof that Donald Trump repeatedly obstructed justice, such as by firing FBI director 38% James Comey to try to block the Russia investigation. Source: Change Research [Illegal coordination, Trump not involved] He has proof that top people on Trump’s campaign worked illegally with Russia to undermine the 2016 election, but cannot prove 59% 41% that Trump himself was personally involved.

[Obstruction, Trump not involved] There is no clear evidence Donald Trump or his For more information on current impeachment efforts, campaign worked illegally with Russia to undermine the 2016 election. However, he does please contact us at [email protected] or find proof that many of the top people on the Trump campaign and staff, although not 58% 42% Trump himself, repeatedly obstructed justice, such as by pushing for firing FBI Director James Comey to try to block the Russia Investigation www.needtoimpeach.com/candidates Source: Stand Up America/Greenberg Quinlan Rosner

www.NeedtoImpeach.com

Impeachment: A Guide for Candidates Voters Less Likely to Re-Elect Mueller Investigation Inquiring What is Impeachment? What Does “High Crimes Republican Members of about Trump’s Finances and and Misdemeanors” Mean? Congress for Attacking Robert Russian Business Dealings Mueller and His Investigation Both Independents and Republicans are less Special Counsel Robert Mueller and his The Founding Fathers granted Congress the Alexander Hamilton suggested that this meant likely to re-elect a Republican Member of investigators are homing in on Donald Trump’s power of impeachment as a key part of our the “abuse or violation of some Congress if he or she was involved in efforts to finances and business dealings in Russia. system of checks and balances—in this case, public trust.” attack or stall Robert Mueller’s investigation. According to multiple news sources, Mueller the legislative branch (Congress) checking the and his team are asking witnesses about executive (the president). That may seem hard to classify, but we Now, imagine that Special Counsel Mueller announces this Trump’s financial dealings in Russia prior to his do know that they granted this power to This power was granted as a fail-safe in case summer he has evidence of criminal activity by President 2016 presidential run. Congress instead of the judiciary because the country could not wait for another election Trump and his team, such as working illegally with Russia impeachable offenses are not necessarily to undermine the 2016 election, or obstructing justice to The Mueller investigation is asking about: to vote a president out of office. block the truth from coming out. At that point, if you found criminal offenses, though criminal out that your member of Congress had been involved • The timing of Trump’s decision to run for As it is laid out in the Constitution, “the offenses could be used to build a case for in efforts to attack or stall Special Counsel Mueller’s president President shall be removed from office impeachment. investigation, would that make you more or less likely to vote for the re-election of your member of Congress? on impeachment for, and conviction of, • Whether Russia had compromising treason, bribery, or other high crimes information on Trump A president caught shoplifting % “less likely to vote to re-elect” and misdemeanors.” might cause a stir—but the crime Total: 64% • The failure of an attempt to brand and Importantly, impeachment is just one step Independents: 71% open a in Moscow committed would not amount to All Republicans: 58% in the process of removing a president from a misuse or abuse of presidential Republicans in GOP-held Bottom line: Mueller’s team is ratcheting office. If there is a simple majority on one or authority, and would therefore not be House Districts: 62% up the pressure and closing in on Trump’s more articles of impeachment introduced in grounds for impeachment. the House of Representatives, then the case Source: Stand Up America/Greenberg Quinlan Rosner finances. More damning evidence of links between Russia and Trump is likely to follow. is presented to the Senate, which holds a There is also no evidence that a robust defense trial before a vote that requires a two-thirds of Robert Mueller will erode the congressional majority for removal from office. On the other hand, taking a six- vote for Democrats in 2018. Indeed, recent month vacation in the middle polling conducted by Stand Up America and of one’s term in office may not Greenberg Quinlan Rosner demonstrates be a criminal act—but it would that support for Democrats on a generic congressional ballet increases when voters warrant impeachment. are exposed to the facts about the Mueller investigation and to the Trump campaign’s alleged complicity with Russia.

Impeachment: A Guide for Candidates Past Impeachment Proceedings In U.S. History

Johnson was charged with making Past Congresses have unconstitutional appointments, misusing federal funds, and initiated impeachment violating federal law when he removed Secretary of War Edwin Stanton, defying the Tenure of Office Act that Congress Though Richard Nixon resigned proceedings against had passed the year before—over his veto. before the House could complete the Over March 2-3, 1868, the House adopted impeachment process, over July 27- 11 articles of impeachment against Johnson, three presidents— 30, 1974, they passed three articles of including one for giving three speeches that were disrespectful to Congress. impeachment—obstruction of justice, Andrew Johnson, , and contempt of Congress—primarily linked to the Richard Nixon, and Watergate scandal. Bill Clinton. On December 19, 1998, Bill Clinton was impeached for perjury and obstructing justice amid a sexual harassment lawsuit filed by Paula Jones, which uncovered his affair with Monica Lewinsky.

These previous efforts to remove presidents from office, along with subsequent legal debates, provide precedents and standards for impeachment—and Donald Trump has far surpassed them.

Impeachment: A Guide for Candidates Trump’s Eight Impeachable Offenses

1 2 3 Conspiring with others to commit 4 Violating the Emoluments Clause crimes against the United States, and Advocating violence and undermining Obstructing Justice of the U.S. Constitution attempting to conceal those violations equal protection under law

• After taking office, Trump asked FBI • The Constitution’s Foreign Emoluments • In the middle of the 2016 election, Trump’s • When Trump gave cover to the Director James Comey to abandon the Clause prohibits the president from son was invited to meet with a Russian neo-Nazis who rioted in Charlottesville investigation into Russian interference accepting personal benefits from any national regarding “information that would and murdered a protester, he violated his in the 2016 election—which the FBI had foreign government or official. incriminate Hillary and...would be very obligation to protect the citizenry against already connected to Michael Flynn. useful to” Donald Trump. domestic violence. • Trump has retained his ownership interests • When Comey refused to alter course, in his family business while he is in office. • The Russian, Natalia Veselnitskaya, had ties • When Trump encouraged police officers Trump fired him. to high-ranking Kremlin officials. to rough up people they have under • Thus, every time a foreign official stays at arrest, he violated his obligation to • Trump then admitted the firing was over a Trump hotel, or a foreign government • Donald Trump Jr., Paul Manafort, and oversee faithful execution of the laws. “the Russia thing” in a televised interview. approves a new Trump Organization took the meeting, offering a project, or grants a trademark, Trump is in change to the 2012 Magnitsky Law in return • When Trump shared anti-Muslim content • In a tweet months later, he stated that he violation of the emoluments clause. for dirt on Clinton. on , he violated his obligation to “had to fire Michael Flynn because he uphold equal protection of the laws. lied to the FBI” —further affirming that he For example: Shortly after he was sworn into • Federal law prohibits campaigns from dismissed James Comey in an attempt to office, the Chinese government gave preliminary soliciting anything of value from a foreign • This represents a pattern of disregard approval to 38 trademarks of Trump’s name. quash the FBI’s investigation. national. for some of the president’s basic Then in June, China approved nine Donald Trump they had previously rejected. responsibilities as defined by the BOTTOM LINE: Trump has repeatedly trademarks • After journalists broke this story, Trump Constitution. attempted to interfere in the Russia • And every time he goes to golf at a Trump personally dictated a public statement investigation, and admitted as much. property, he funnels taxpayer money into on behalf of his son that lied about the BOTTOM LINE: Trump has demonstrated a his family business—violating the Domestic intended purpose of the meeting. pattern of behavior amounting to advocating Emoluments Clause. violence, undercutting equal protection, and, • This relationship between the Trump team as a result, failing basic Constitutional duties. BOTTOM LINE: Because Trump never divested and the Russian national raises questions from his business interests, he violates of whether the campaign aided a hostile the Constitution every time the Trump foreign power’s active operation against the Organization has business dealings with United States. foreign or American government officials. BOTTOM LINE: Trump tried to cover up his campaign’s contacts with a Russian national— which, at the very least, constituted a violation of federal law.

Impeachment: A Guide for Candidates Trump’s Eight Impeachable Offenses

5 6 Engaging in conduct that grossly 7 Directing law enforcement to investigate 8 endangers the peace and security and prosecute political adversaries for Abusing the pardon power of the United States improper and unjustifiable purposes Undermining the freedom of the press

• President Trump’s decision to pardon • High-ranking administration officials • President Trump has repeatedly pressured • President Trump has repeatedly attacked amounted to an abuse of involved in foreign affairs have signaled the Department of Justice and the FBI the concept of an independent press. the pardon power that revealed his that Trump does not have the capacity to to investigate and prosecute political • He’s called critical coverage “fake indifference to individual rights and equal make informed decisions in the event of a adversaries like Hillary Clinton. news” and journalists “the enemy of protections. military crisis. • This is not based in concerns with national the American people,” made threats to • Joe Arpaio was convicted for contempt • Even worse, his actions could spark a security, law enforcement, or any other change libel laws and revoke licenses, of court after ignoring a court order that needless confrontation stemming from function of his office—it is an attempted and his battles with CNN led him to try he stop detaining and searching people misunderstanding or miscalculation. power play, plain and simple. to interfere in the AT&T/Time based on the color of their skin, which Warner merger. • We see this in full effect every time Trump • There’s no question that this constitutes an constitutes a violation of their rights. tweets or makes a public statement outrageous and inappropriate abuse of • This demonstrates his unwillingness to • Pardoning this conviction goes against taunting and threatening the North Korean executive branch powers and serves as respect and uphold the Constitution, and the Fifth Amendment, which allows the regime. clear grounds for impeachment. disdain for the crucial foundations to our judiciary to issue and enforce injunctions free society. • The president may be the “Commander in BOTTOM LINE: Trump’s threats against against government officials who flout Chief of the Army and Navy of the United political opponents are threats against BOTTOM LINE: Trump’s threats against individual rights. States,” but that does not give him the right American democracy. freedom of the press are also threats against BOTTOM LINE: Trump’s pardon of Joe Arpaio to behave in reckless or wanton ways that American democracy. violates the Fifth Amendment and harms the put millions of lives at risk. guarantee of Constitutional rights. • If he is unfit to perform his duties as Commander in Chief, he cannot be allowed to remain in the position.

BOTTOM LINE: Trump cannot be permitted to recklessly and needlessly endanger millions of Americans over his unstable behavior.

Impeachment: A Guide for Candidates Frequently Asked Questions FAQ About Impeachment

Why talk about impeachment now, with Shouldn’t we want Democrats talking about Moreover, 57 percent of Americans do not • Moving forward with impeachment Republicans in control of Congress and their policy priorities and how they will believe this president is fit for office, and would not set any new precedent—we are an increasing number are in support of clearly unwilling to move forward with actually help people if we want to take back applying the same historical standard that impeachment regardless of party identification. proceedings? one or both houses of Congress? Congress used to justify impeachment Quinnipiac also reported that 45 percent proceedings for Richard Nixon and Bill • Americans who sense that this president is • The issues that Americans care about are of Americans support impeachment as Clinton. unfit and should be removed from office all important. This is one of them. Pundits of January 10, 2018. Last August, a Public need to know that they aren’t wrong—they and politicians who want to avoid taking a Religion Research Institute poll showed • That should not stop us from finding the support at 40 percent, a 10-point increase have history, the Constitution, and a near- stand on impeachment tell us this should courage to do what is right. from February 2016, just six months prior. majority of the public already on their side. be a matter of political calculation, but Let’s say we succeed in removing Trump from let’s be clear: it is a false choice. • But there’s perhaps no better evidence • The president has more than met the office. Wouldn’t Mike Pence be worse? than what voters in Virginia, New Jersey, standard for impeachment, and the only • Nothing is preventing Democrats from and Alabama had to say when they went • We should not let “what ifs” derail morally thing holding the process back is political promoting an agenda focused on building to the polls at the end of last year—they right and urgently necessary action. calculation. a fairer economy, improving the health don’t want “yes men” for Trump, they care system, and creating a more equal • It’s also important to keep in mind that • If candidates like you, representing your want representatives who will serve as a and just society—while also underscoring our work will not end with impeachment. constituents, won’t speak up, then who check against him. the need to impeach this president. In fact, Democracy is not a spectator will? we think they’re all part of the same long- Doesn’t this set a dangerous precedent in sport—we can’t disengage once the • Candidates and elected officials all term campaign. which Republicans will try to impeach a Trump administration comes to an end. over the country are already supporting future Democratic president over differences • We believe that impeachment is essential impeachment efforts. We need to make in policy? for the health of our democracy, and that sure the president understands that his making this case can boost turnout among • Republicans may claim that this is just If we want to live in a country that offenses are not going unnoticed. the Democratic base. Here’s why: about differences in policy, but that’s guarantees dignity and respect for ignoring the crisis at hand—Trump has A recent poll from the nonpartisan Quinnipiac every American, we need to continue clearly violated the Constitution, the spirit University Polling Institute—which polling demanding a government that guru Nate Silver has called a “gold standard” of his office, and the public trust, and there pollster—has shown that 76 percent of must be consequences. serves the public interest, no matter Democrats support impeachment, and who is in the Oval Office. want to see their views reflected by their representatives.

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“A good magistrate will not fear [impeachments]. A bad one ought to be kept in fear of them.”

ELBRIDGE GERRY, FOUNDING FATHER