DOCSLIB.ORG

Four Amendments

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

January 31, 2020 CONGRESSIONAL RECORD — SENATE S769 The CHIEF JUSTICE. Is there a suffi- Harris Menendez Sinema ly divided between the House and the Presi- cient second? Hassan Merkley Smith dent to be used as under the Rules of Im- Heinrich Murphy Stabenow peachment. There is a sufficient second. Hirono Murray Tester Jones Peters At the conclusion of the final arguments The clerk will call the roll. Udall by the House and the President, the court of Kaine Reed Van Hollen The senior assistant legislative clerk King Rosen impeachment shall stand adjourned until 4:00 called the roll. Warner Klobuchar Sanders Warren pm on Wednesday, February 5, 2020, at which Leahy Schatz The result was announced—yeas 53, Whitehouse time the Senate, without intervening action Manchin Schumer nays 47, as follows: Wyden or debate shall vote on the Articles of Im- Markey Shaheen [Rollcall Vote No. 31] peachment. The resolution (S. Res. 488) was YEAS—53 f agreed to. Alexander Fischer Perdue (The resolution is printed in today’s AMENDMENTS SUBMITTED AND Barrasso Gardner Portman PROPOSED Blackburn Graham Risch RECORD under ‘‘Submitted Resolu- Blunt Grassley Roberts tions.’’) SA 1295. Mr. SCHUMER proposed an Boozman Hawley Romney UNANIMOUS CONSENT AGREEMENT—PRINTING OF amendment to the resolution S. Res. 488, to Braun Hoeven Rounds STATEMENTS IN THE RECORD AND PRINTING provide for related procedures concerning Burr Hyde-Smith Rubio OF SENATE DOCUMENT OF IMPEACHMENT the articles of impeachment against Donald Capito Inhofe Sasse Cassidy Johnson PROCEEDINGS John Trump, President of the United States. Scott (FL) Collins Kennedy SA 1296. Mr. SCHUMER proposed an Scott (SC) The CHIEF JUSTICE. The majority Cornyn Lankford amendment to the resolution S. Res. 488, Shelby Cotton Lee leader is recognized. supra. Cramer Loeffler Sullivan Mr. MCCONNELL. Mr. Chief Justice, SA 1297. Mr. SCHUMER proposed an Thune Crapo McConnell I ask unanimous consent that the Sec- amendment to the resolution S. Res. 488, Tillis Cruz McSally retary be authorized to include state- supra. Daines Moran Toomey Enzi Murkowski Wicker ments of Senators explaining their SA 1298. Mr. VAN HOLLEN proposed an Ernst Paul Young votes, either given or submitted during amendment to the resolution S. Res. 488, supra. NAYS—47 the legislative sessions of the Senate on Monday, February 3; Tuesday, Feb- f Baldwin Hassan Rosen Bennet Heinrich Sanders ruary 4; and Wednesday, February 5; TEXT OF AMENDMENTS Blumenthal Hirono along with the full record of the Sen- Schatz Mr. SCHUMER proposed an Booker Jones Schumer ate’s proceedings and the filings by the SA 1295. Brown Kaine Shaheen amendment to the resolution S. Res. Cantwell King parties in a Senate document printed Sinema under the supervision of the Secretary 488, to provide for related procedures Cardin Klobuchar Smith concerning the articles of impeach- Carper Leahy Stabenow of the Senate that will complete the Casey Manchin ment against Donald John Trump, Tester documentation of the Senate’s han- Coons Markey Udall President of the United States; as fol- Cortez Masto Menendez dling of these impeachment pro- Van Hollen lows: Duckworth Merkley ceedings. Durbin Murphy Warner At the appropriate place in the matter fol- Warren The CHIEF JUSTICE. Without objec- Feinstein Murray tion, it is so ordered. lowing the resolving clause, insert the fol- Gillibrand Peters Whitehouse lowing: Harris Reed Wyden f SEC. lllll. Notwithstanding any other The motion to table is agreed to; the SUBMISSION OF CONCURRENT AND provision of this resolution, pursuant to rules V and VI of the Rules of Procedure and amendment is tabled. SENATE RESOLUTIONS The CHIEF JUSTICE. The question Practice in the Senate When Sitting on Im- occurs on the adoption of S. Res. 488. The following concurrent resolutions peachment Trials— (1) the Chief Justice of the United States, Mr. MCCONNELL. Mr. Chief Justice, and Senate resolutions were read, and referred (or acted upon), as indicated: through the Secretary of the Senate, shall I ask for the yeas and nays. issue a subpoena— By Mr. MCCONNELL: The CHIEF JUSTICE. Is there a suffi- (A) for the taking of testimony of— S. Res. 488. A resolution to provide for re- cient second? (i) John Robert Bolton; lated procedures concerning the articles of There is a sufficient second. (ii) John Michael ‘‘Mick’’ Mulvaney; impeachment against Donald John Trump, (iii) Michael P. Duffey; and The clerk will call the roll. President of the United States; considered (iv) Robert B. Blair; The legislative clerk called the roll. and agreed to. The CHIEF JUSTICE. Are there any (B) to the Acting Chief of Staff of the f White House commanding him to produce, other Senators in the Chamber desiring for the time period from January 1, 2019, to to vote or change his or her vote? SUBMITTED RESOLUTIONS the present, all documents, communications, The result was announced—yeas 53, and other records within the possession, cus- nays 47, as follows: tody, or control of the White House, includ- [Rollcall Vote No. 32] SENATE RESOLUTION 488—TO PRO- ing the National Security Council, referring VIDE FOR RELATED PROCE- or relating to— YEAS—53 DURES CONCERNING THE ARTI- (i) all meetings and calls between Presi- Alexander Fischer Perdue dent Trump and the President of Ukraine, Barrasso Gardner Portman CLES OF IMPEACHMENT AGAINST DONALD JOHN TRUMP, including documents, communications, and Blackburn Graham Risch other records related to the scheduling of, Blunt Grassley Roberts PRESIDENT OF THE UNITED Boozman Hawley preparation for, and follow-up from the Romney STATES President’s April 21 and July 25, 2019 tele- Braun Hoeven Rounds phone calls, as well as the President’s Sep- Burr Hyde-Smith Rubio Mr. MCCONNELL submitted the fol- Capito Inhofe Sasse lowing resolution; which was consid- tember 25, 2019 meeting with the President of Cassidy Johnson Scott (FL) Ukraine in New York; Collins Kennedy ered and agreed to: Scott (SC) (ii) all investigations, inquiries, or other Cornyn Lankford Shelby S. RES. 488 probes related to Ukraine, including any Cotton Lee Cramer Loeffler Sullivan Resolved, That the record in this case shall that relate in any way to— Crapo McConnell Thune be closed, and no motion with respect to re- (I) former Vice President Joseph Biden; Cruz McSally Tillis opening the record shall be in order for the (II) Hunter Biden and any of his associates; Daines Moran Toomey duration of these proceedings. (III) Burisma Holdings Limited (also Enzi Murkowski Wicker The Senate shall proceed to final argu- known as ‘‘Burisma’’); Ernst Paul Young ments as provided in the impeachment rules, (IV) interference or involvement by NAYS—47 waiving the two person rule contained in Ukraine in the 2016 United States election; Rule XXII of the Rules of Procedure and (V) the Democratic National Committee; Baldwin Cantwell Cortez Masto Bennet Cardin Duckworth Practice in the Senate When Sitting on Im- or Blumenthal Carper Durbin peachment Trials. Such arguments shall (VI) CrowdStrike; Booker Casey Feinstein begin at 11:00 am on Monday, February 3, (iii) the actual or potential suspension, Brown Coons Gillibrand 2020, and not exceed four hours, and be equal- withholding, delaying, freezing, or releasing VerDate Sep 11 2014 01:05 Feb 01, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G31JA6.032 S31JAPT1 dlhill on DSKBBY8HB2PROD with SENATE S770 CONGRESSIONAL RECORD — SENATE January 31, 2020 of United States foreign assistance, military quest for documents from the House Perma- freezing, or releasing of United States for- assistance, or security assistance of any kind nent Select Committee on Intelligence, the eign assistance, military assistance, or secu- to Ukraine, including but not limited to the House Committee on Oversight and Reform, rity assistance to Ukraine, including all Ukraine Security Assistance Initiative and the House Committee on Foreign Af- meetings, calls, or other engagements with (USAI) and Foreign Military Financing fairs, including, but not limited to, docu- Ukrainian officials regarding potential or ac- (FMF); ments collected that pertain to the hold on tual suspensions, holds, or delays in United (iv) all documents, communications, notes, military and other security assistance to States assistance to Ukraine; and other records created or received by Act- Ukraine, the scheduling of a White House (ii) communications, opinions, advice, ing Chief of Staff Mick Mulvaney, then-Na- meeting for the president of Ukraine, and counsel, approvals, or concurrences provided tional Security Advisor John R. Bolton, Sen- any requests for investigations by Ukraine; by any employee in the Office of Manage- ior Advisor to the Chief of Staff Robert B. (viii) the complaint submitted by a whis- ment and Budget regarding the actual or po- Blair, and other White House officials relat- tleblower within the Intelligence Commu- tential suspension, withholding, delaying, ing to efforts to— nity on or around August 12, 2019, to the In- freezing, or releasing of security assistance (I) solicit, request, demand, induce, per- spector General of the Intelligence Commu- to Ukraine including legality under the Im- suade, or coerce Ukraine to conduct or an- nity; poundment Control Act; nounce investigations; (ix) all meetings or calls, including re- (iii) Associate Director Michael Duffey (II) offer, schedule, cancel, or withhold a quests for or records of meetings or tele- taking over duties related to apportionments White House meeting for Ukraine’s presi- phone calls, scheduling items, calendar
Recommended publications
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION

    Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION

    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION Vol. 166 WASHINGTON, WEDNESDAY, JANUARY 22, 2020 No. 13 House of Representatives The House was not in session today. Its next meeting will be held on Friday, January 24, 2020, at 2 p.m. Senate WEDNESDAY, JANUARY 22, 2020 The Senate met at 1 p.m. and was I pledge allegiance to the Flag of the The Senate will now hear you. called to order by the Chief Justice of United States of America, and to the Repub- OPENING STATEMENT the United States. lic for which it stands, one nation under God, Mr. Manager SCHIFF. Mr. Chief Jus- indivisible, with liberty and justice for all. f tice, Senators, counsel for the Presi- f dent, and my fellow House managers: I TRIAL OF DONALD J. TRUMP, want to begin by thanking you, Chief PRESIDENT OF THE UNITED THE JOURNAL Justice, for a very long day, for the STATES The CHIEF JUSTICE. Senators, will way you have presided over these pro- The CHIEF JUSTICE. The Senate you please be seated. ceedings. I want to thank the Senators will convene as a Court of Impeach- If there is no objection, the Journal also. We went well into the morning, as ment. of the proceedings of the trial are ap- you know, until I believe around 2 in The Chaplain will offer a prayer. proved to date. the morning. You paid attention to f Without objection, it is so ordered.
  • Impeachment of Donald J. Trump, President of the United States: Report of the Comm

    Impeachment of Donald J. Trump, President of the United States: Report of the Comm

    IN THE SENATEOF THEUNITED STATES Sitting as a Court of Impeachment Inre IMPEACHMENTOF PRESIDENT DONALD J. TRUMP TRIAL MEMORANDUM OF THEUNITEDSTATES HOUSEOF REPRESENTATIVES IN THE IMPEACHMENTTRIALOF PRESIDENT DONALD J. TRUMP United States House of Representatives AdamB.Schiff JerroldNadler Zoe Lofgren HakeemS.Jeffries Val ButlerDemings Jason Crow Sylvia R.Garcia U.S. House of RepresentativesManagers TABLEOF CONTENTS INTRODUCTION...........................................................................................................................................1 BACKGROUND..............................................................................................................................................9 I. C ONSTITUTIONALG ROUNDSFORP RESIDENTIALI MPEACHMENT....................................................9 II. THE HOUSE’SIMPEACHMENTOF PRESIDENTDONALDJ. TRUMPANDPRESENTATIONOF T HISM ATTERTO THE S ENATE..............................................................................................................12 ARGUMENT...................................................................................................................................................16 I. T HE S ENATES HOULDC ONVICT P RESIDENTT RUMPOF A BUSEOF P OWER..................................16 A. PresidentTrumpExercisedHis OfficialPowerto PressureUkraineintoAidingHis Reelection....................................................................................................................................16 B. PresidentTrumpExercisedOfficialPowerto
  • President Trump's Remarks

    President Trump's Remarks

    KEY FINDINGS 1. President Trump used the power of his office to pressure and induce the newly-elected president of Ukraine to interfere in the 2020 presidential election for President Trump’s personal and political benefit. KEY FINDINGS 2. In order to increase the pressure on Ukraine to announce the politically- motivated investigations that President Trump wanted, he withheld a coveted Oval Office meeting and $391 million of essential military assistance from Ukraine. KEY FINDINGS 3. President Trump’s conduct sought to undermine our free and fair elections and posed an imminent threat to our national security. KEY FINDINGS 4. Faced with the revelation of his pressure campaign against Ukraine, President Trump directed an unprecedented effort to obstruct Congress’ impeachment inquiry into his conduct. JULY 25, 2019 8:36 AM Good lunch - thanks. Heard from White House - assuming President Z convinces trump he will investigate / “get to the bottom of VOLKER what happened” in 2016, we will nail down date for visit to Washington. Good luck! See you tomorrow - kurt YERMAK TESTIMONY OF AMBASSADOR SONDLAND ON “QUID PRO QUO” TESTIMONY OF AMBASSADOR SONDLAND “QUID PRO QUO” “I know that members of this committee frequently frame these complicated issues in the form of a simple question: ‘Was there a quid pro quo?’ As I testified previously with regard to the requested White House call and the White House meeting, the answer is ‘yes.’ “ Transcript page 26, Open Hearing with Gordon Sondland, Nov 20, 2019. JULY 25, 2019 TRUMP-ZELENSKY CALL RECORD ZELENSKY: “I would also like to thank you for your great support in the area of defense.
  • Grønland Er Af Fundamental Strategisk Betydning for Danmark Og USA

    Grønland Er Af Fundamental Strategisk Betydning for Danmark Og USA

    Grønland er af fundamental strategisk betydning for Danmark og USA - af Martin Brochstedt Olsen, Morten Hetmar Vestergaard & ansvarshavende redaktør Lars Bangert Struwe November 2019 / Introduktion Grønland udgør en national sikkerhedspolitisk interesse for USA. I Danmark forstår vi ofte ikke Grønlands geostrategiske betydning – og derfor bliver vi ved med at håndtere forholdet imellem Rigsfælleskabet og USA forkert. Igennem mere end 10 år har vi i Danmark talt om Arktis og sat Grønland ind under denne overordnede betegnelse. Vi har prioriteret den fredelige udvikling af Arktis bl.a. i form af Arctic Five og Arktisk Råd, men derved har vi mistet fokus på Grønland sikkerhedspolitisk. Det har medført en række overraskelser – som f.eks. da Trump rettede danskernes blik mod Grønland. USA er primært interesseret i Grønland, og langt mindre i hele regionen Arktis. I Danmark har vi igennem mere end 70 år søgt at køre en dobbeltpolitik om de strategiske forhold på Grønland. På den ene side har vi prøvet at holde Grønland så fredeligt som muligt, og på den anden side har vi søgt at håndtere de amerikanske interesser i Grønland. Det har gjort – og gør - at vi som ofte har svært ved at beskrive situationen på Grønland sikkerhedspolitisk. USA’s præsident Donald Trump skulle have besøgt København d. 2-3 september 2019. Det aflyste besøg satte Arktis og ikke mindst Grønland i spil på en helt ny måde. At Grønland fyldte så meget overraskede de fleste i Danmark. Formålet med dette Atlant Brief er derfor at forsøge at give læseren indblik i, hvorfor Arktis og særligt Grønland i disse år spiller en stigende rolle i international politik.
  • Gamble: the Three Nested Investigations

    Gamble: the Three Nested Investigations

    LEV PARNAS’ GAMBLE: THE THREE NESTED INVESTIGATIONS As I noted the other day, Lev Parnas has inserted himself, along with his co-defendants, in the middle of the presumed Special Master review of Rudy Giuliani and Victoria Toensing’s seized devices. He’s doing so as part of a strategy he has pursued since shortly after he was arrested to either make his prosecution unsustainable for Donald Trump (that strategy has presumably failed) or to bring a whole lot of powerful people — possibly up to and including Trump — down with him. The Special Master review will be critical to this strategy, because it will determine whether material that might otherwise be deemed privileged can be reviewed by the Southern District of New York as evidence of a cover-up of crimes that Donald Trump committed. In this post, I will lay out how there are two — and if Lev is successful, three — sets of crimes in question, each leading to the next. 1a, Conspiracy to donate money: 18 USC 371, 52 USC 30122, 18 USC 1001, 18 USC 1519 and 2, and 18 USC 371, 52 USC 30121. The first set of crimes pertain to efforts by Parnas, Igor Fruman, and two co-defendants, to gain access to the Republican Party with donations prohibited by campaign finance law. They were first charged — as Parnas and Fruman were about to fly to Vienna to meet with Victor Shokin — on October 9, 2019. The charges relate to allegations that they used their company, Global Energy Partners, to launder money, including money provided by a foreigner, to donate to Trump-associated and other Republican candidates.
  • 1 January 20, 2021 Attorney Grievance Committee Supreme

    1 January 20, 2021 Attorney Grievance Committee Supreme

    January 20, 2021 Attorney Grievance Committee Supreme Court of the State of New York Appellate Division, First Judicial Department 180 Maiden Lane New York, New York 10038 (212) 401-0800 Email: [email protected] Re: Professional Responsibility Investigation of Rudolph W. Giuliani, Registration No. 1080498 Dear Members of the Committee: Lawyers Defending American Democracy (“LDAD”) is a non-profit, non-partisan organization the purpose of which is to foster adherence to the rule of law. LDAD’s open letters and statements calling for accountability on the part of public officials have garnered the support of 6,000 lawyers across the country, including many in New York.1 LDAD and the undersigned attorneys file this ethics complaint against Rudolph W. Giuliani because Mr. Giuliani has violated multiple provisions of the New York Rules of Professional Conduct while representing former President Donald Trump and the Trump Campaign. This complaint is about law, not politics. Lawyers have every right to represent their clients zealously and to engage in political speech. But they cross ethical boundaries—which are equally boundaries of New York law—when they invoke and abuse the judicial process, lie to third parties in the course of representing clients, or engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in or out of court. By these standards, Mr. Giuliani’s conduct should be investigated, and he should be sanctioned immediately while the Committee investigates. As lead counsel for Mr. Trump in all election matters, Mr. Giuliani has spearheaded a nationwide public campaign to convince the public and the courts of massive voter fraud and a stolen presidential election.
  • Testimony Before Thehouse Ofrepresentativescommittee on Foreign Affairs, Permanentselect Committee on Intelligence, and Committee on Oversight

    Testimony Before Thehouse Ofrepresentativescommittee on Foreign Affairs, Permanentselect Committee on Intelligence, and Committee on Oversight

    Testimony before theHouse ofRepresentativesCommittee on Foreign Affairs, PermanentSelect Committee on Intelligence, and Committee on Oversight Amb . Kurt Volker Former U . S. SpecialRepresentative for UkraineNegotiations October 3, 2019 Thank you very much for theopportunityto provide this testimony today. Allow meto begin by stressing that you and the American people can bereassured andproud thatthe DepartmentofState andthe DepartmentofDefense, andthe professionalsworking there civil and foreign serviceandmilitary have conducted themselveswith thehighest degree ofprofessionalism , integrity, anddedicationto thenationalinterest. That is a testamentto the strength ofour people, our institutions, andour country. As a formermemberof theSeniorForeign Service, andin conductingmyrole as U .S . Special Representativefor UkraineNegotiations, I have similarly acted solely to advance U . S . national interests, which included supportingdemocracy and reform in Ukraine; helpingUkrainebetter defend itself and deter Russian aggression; and leading U . S . negotiatingefforts to endthewar andrestoreUkraine' s territorialintegrity. Throughoutmy career, whether as a career diplomat, U . S. Ambassador to NATO , or in my other capacities, have tried to be courageous, energetic, clear-eyed and plain -spoken - always acting with integrity, to advance core American values and interests. Myefforts as U . S. Special Representativefor UkraineNegotiationswere no different. In carrying outthis role, at somestage foundmyself faced with a choice: to be aware of a problem and to ignore it, or rather to accept that itwasmyresponsibility to try to fix it. I wouldnothavebeen true to myself,my duties, ormy commitmentto the people of the UnitedStatesor Ukraine, if I did notdive in and try to fix problemsas best could. There are five keypoints I would like to stress in this testimony , and I would like to submit a longer version and timeline of events for the record .
  • Testimony Before the House of Representatives Committee on Foreign Affairs, Permanent Select Committee on Intelligence, and Committee on Oversight

    Testimony Before the House of Representatives Committee on Foreign Affairs, Permanent Select Committee on Intelligence, and Committee on Oversight

    Testimony before the House of Representatives Committee on Foreign Affairs, Permanent Select Committee on Intelligence, and Committee on Oversight Amb. Kurt Volker Former U.S. Special Representative for Ukraine Negotiations October 3, 2019 Thank you very much for the opportunity to provide this testimony today. Allow me to begin by stressing that you and the American people can be reassured and proud that the Department of State and the Department of Defense, and the professionals working there—civil and foreign service and military—have conducted themselves with the highest degree of professionalism, integrity, and dedication to the national interest. That is a testament to the strength of our people, our institutions, and our country. As a former member of the Senior Foreign Service, and in conducting my role as U.S. Special Representative for Ukraine Negotiations, I have similarly acted solely to advance U.S. national interests, which included supporting democracy and reform in Ukraine; helping Ukraine better defend itself and deter Russian aggression; and leading U.S. negotiating efforts to end the war and restore Ukraine’s territorial integrity. Throughout my career, whether as a career diplomat, U.S. Ambassador to NATO, or in my other capacities, I have tried to be courageous, energetic, clear-eyed and plain-spoken—always acting with integrity, to advance core American values and interests. My efforts as U.S. Special Representative for Ukraine Negotiations were no different. In carrying out this role, I at some stage found myself faced with a choice: to be aware of a problem and to ignore it, or rather to accept that it was my responsibility to try to fix it.
  • Impeachment on a Page

    Impeachment on a Page

    Impeachment on a Page Whistleblower Complaint “In the course of my official duties, I have received information from multiple U.S. Government officials that the President of the United States is using the power of his office to solicit interference from a foreign country in the 2020 U.S. election” Chairman Schiff outlines the 4 questions of his investigation 1. Did Trump seek foreign assistance for an election? 3. Was military assistance withheld until confirmation that the investigation would occur? 2. Was the meeting sought by the Ukrainian government conditioned on the Ukraine investigation of Vice President Biden and his son? 4. Were these issues covered up by the Trump administration? Headlines from Testimony to House Investigators “Joseph Maguire defends his handling of the “Kent told investigators he was cut out of Ukraine whistleblower complaint involving President policymaking after May meeting with Chief of Staff Mick Joseph Maguire Trump” – Fox News George Kent Mulvaney” – New York Times Acting Director of National Deputy Assitant Secretary Intelligence of State Testified September 25-26 Testified October 15th “Volker depicts Giuliani as the driving force “Sondland testifies that Trump directed diplomats to work behind an effort to get Ukraine to investigate Joe with Giuliani on Ukraine” – CNN Kurt Volker and Hunter Biden” – CBS News Gordon Sondland Former U.S. Special Envoy U.S. Ambassador to the to Ukraine European Union Testified October 3rd Testified: October 17th “McKinley told House investigators that he quit his job
  • Trial Memorandum of President Trump (Without Appendix)

    Trial Memorandum of President Trump (Without Appendix)

    IN PROCEEDINGS BEFORE THE UNITED STATES SENATE TRIAL MEMORANDUM OF PRESIDENT DONALD J. TRUMP Jay Alan Sekulow Pat A. Cipollone Stuart Roth Counsel to the President Andrew Ekonomou Patrick F. Philbin Jordan Sekulow Michael M. Purpura Mark Goldfeder Devin A. DeBacker Benjamin Sisney Trent J. Benishek Eric J. Hamilton Counsel to President Donald J. Trump Office of White House Counsel January 20, 2020 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 STANDARDS............................................................................................................................... 13 A. The Senate Must Decide All Questions of Law and Fact. .................................... 13 B. An Impeachable Offense Requires a Violation of Established Law that Inflicts Sufficiently Egregious Harm on the Government that It Threatens to Subvert the Constitution. .................................................................. 13 1. Text and Drafting History of the Impeachment Clause ............................ 14 2. The President’s Unique Role in Our Constitutional Structure .................. 17 3. Practice Under the Impeachment Clause .................................................. 18 C. The Senate Cannot Convict Unless It Finds that the House Managers Have Proved an Impeachable Offense Beyond a Reasonable Doubt. .................. 20 D. The Senate May Not Consider Allegations Not Charged in the Articles of Impeachment. ..................................................................................................
  • IN the SENATE of the UNITED STATES Sitting As a Court of Impeachment in Re IMPEACHMENT of PRESIDENT DONALD J. TRUMP TRIAL MEMORA

    IN the SENATE of the UNITED STATES Sitting As a Court of Impeachment in Re IMPEACHMENT of PRESIDENT DONALD J. TRUMP TRIAL MEMORA

    IN THE SENATE OF THE UNITED STATES Sitting as a Court of Impeachment In re IMPEACHMENT OF PRESIDENT DONALD J. TRUMP TRIAL MEMORANDUM OF THE UNITED STATES HOUSE OF REPRESENTATIVES IN THE IMPEACHMENT TRIAL OF PRESIDENT DONALD J. TRUMP United States House of Representatives Adam B. Schiff Jerrold Nadler Zoe Lofgren Hakeem S. Jeffries Val Butler Demings Jason Crow Sylvia R. Garcia U.S. House of Representatives Managers TABLE OF CONTENTS INTRODUCTION ........................................................................................................................................... 1 BACKGROUND .............................................................................................................................................. 9 I. CONSTITUTIONAL GROUNDS FOR PRESIDENTIAL IMPEACHMENT .................................................... 9 II. THE HOUSE’S IMPEACHMENT OF PRESIDENT DONALD J. TRUMP AND PRESENTATION OF THIS MATTER TO THE SENATE .............................................................................................................. 12 ARGUMENT ................................................................................................................................................... 16 I. THE SENATE SHOULD CONVICT PRESIDENT TRUMP OF ABUSE OF POWER .................................. 16 A. President Trump Exercised His Official Power to Pressure Ukraine into Aiding His Reelection ...................................................................................................................................
  • Congressional Record—Senate S1184

    Congressional Record—Senate S1184

    S1184 CONGRESSIONAL RECORD — SENATE February 27, 2020 bomb components, repair and return of weap- get. Laser designation for the LGB can be ests above the interests of the United States. ons, weapons training equipment, practice provided by a variety of laser target markers The House Impeachment Managers have bombs, TTU–595 Test Set and spares, fin as- or designators. proven that the President’s abuse of power semblies, rocket motors, training aids/de- 4. Mk–82 General Purpose (GP) bomb is a and congressional obstruction amount to the vices/spare parts, aircraft spare parts, sup- 500 pound, free-fall, unguided, low-drag weap- constitutional standard of ‘‘high Crimes and port equipment, clothing and textiles, publi- on usually equipped with the mechanical Misdemeanors’’ for which the sole remedy is cations and technical documentation, travel M904 (nose) and M905 (tail) fuzes or the conviction and removal from office. expenses, medical services, construction, air- radar-proximity FMU–113 air-burst fuze. The II. STATEMENT OF THE FACTS craft ferry support, technical and logistical Mk–82 is designed for soft, fragment sen- On December 18, 2019, the United States support services, major modifications/class sitive targets and is not intended for hard House of Representatives passed H. Res. 755,1 IV support, personnel training and training targets or penetrations. The explosive filling ‘‘Impeaching Donald John Trump, President equipment, U.S. Government and contractor is usually tritonal, though other composi- of the United States, for high crimes and program support, and other related elements tions have sometimes been used. misdemeanors.’’ H. Res. 755 contains two Ar- of logistics and program support.