IMPEACHMENT POWERS Ch. 14 § 15 House of facts relating to Vice Committee Print, 93d Cong. 2d Sess., President Agnew’s conduct, was Jan. 1974. discharged by unanimous consent on Oct. 10, 1973, and laid on the table.(5) Introduction of Impeachment Charges Against the Presi- dent § 15. Impeachment Pro- § 15.1 Various resolutions were ceedings Against Presi- introduced in the 93d Con- dent Nixon gress, first session, relating to the impeachment of Presi- Cross Reference dent Richard M. Nixon, some Portions of the final report of the Com- directly calling for his cen- mittee on the Judiciary, pursuant to sure or impeachment and its investigation into the conduct of the some calling for an investiga- President, relating to grounds for Pres- idential impeachment and forms of ar- tion by the Committee on the ticles of impeachment, see § § 3.3, 3.7, Judiciary or by a select com- 3.8, supra. mittee; the former were re- Collateral References ferred to the Committee on the Judiciary and the latter Debate on Articles of Impeachment, were referred to the Com- Hearings of the Committee on the Ju- diciary pursuant to House Resolution mittee on Rules. 803, 93d Cong. 2d Sess., July 24, 25, On Oct. 23, 1973, resolutions 26, 27, 29, and 30, 1974. calling for the impeachment of Impeachment of Richard M. Nixon, President Nixon or for investiga- President of the United States, Report tions towards that end were intro- of the Committee on the Judiciary, H. duced in the House by their being REPT. No. 93-1305, 93d Cong. 2d Sess., placed in the hopper pursuant to Aug. 20, 1974, printed in full in the Rule XXII clause 4. The resolu- Congressional Record, 120 CONG. REC. 29219-361, 93d Cong. 2d Sess., Aug. tions were referred as follows: 20, 1974. By Mr. Long of Maryland: Impeachment, Selected Materials, Com- H. Con. Res. 365. Concurrent resolu- mittee on the Judiciary, H. Doc. No. tion of censureship without prejudice 93-7, 93d Cong. 1st Sess., Oct. 1973. to impeachment; to the Committee on Impeachment, Selected Materials on Pro- the Judiciary. cedure, Committee on the Judiciary, By Ms. Abzug: 5. 119 CONG. REC. 33687, 93d Cong. 1st H. Res. 625. Resolution impeaching Sess. Richard M. Nixon, President of the 2167 Ch. 14 § 15 DESCHLER’S PRECEDENTS United States, for high crimes and H. Res. 632. Resolution to appoint a misdemeanors; to the Committee on Special Prosecutor; to the Committee the Judiciary. on the Judiciary. By Mr. Ashley: By Mr. McCloskey: H. Res. 626. Resolution directing the H. Res. 634. Resolution of inquiry; to Committee on the Judiciary to inves- the Committee on the Judiciary. tigate whether there are grounds for H. Res. 635. Resolution for the im- the impeachment of Richard M. Nixon; peachment of Richard M. Nixon; to the to the Committee on Rules. Committee on the Judiciary. By Mr. Bingham: By Mr. Mazzoli: H. Res. 627. Resolution directing the H. Res. 636. Resolution: an inquiry Committee on the Judiciary to inquire into the existence of grounds for the into and investigate whether grounds impeachment of Richard M. Nixon, exist for the impeachment of Richard President of the United States; to the M. Nixon; to the Committee on Rules. Committee on Rules. By Mr. Burton (for himself, Ms. By Mr. Milford: Abzug, Mr. Anderson of Cali- H. Res. 637. Resolution providing for fornia, Mr. Aspin, Mr. Bergland, the establishment of an Investigative Mr. Bingham, Mr. Brasco, Mr. Committee to investigate alleged Presi- Brown of California, Mr. Boland, dential misconduct; to the Committee Mr. Brademas, Mrs. Chisholm, on Rules. Mr. Culver, Mr. Conyers, Mr. Dellums, Mr. Drinan, Mr. By Mr. Mitchell of Maryland (for Eckhardt, Mr. Edwards of Cali- himself, Mr. Burton, and Mr. fornia, Mr. Evans of Colorado, Fauntroy): Mr. Fascell, Mr. Fauntroy, Mr. H. Res. 638. Resolution impeaching Foley, Mr. William D. Ford, Mr. Richard M. Nixon, President of the Fraser, Mr. Giaimo, and Ms. United States, of high crimes and mis- Grasso): demeanors; to the Committee on the H. Res. 628. Resolution directing the Judiciary.(6) Committee on the Judiciary to inquire into and investigate whether grounds 6. 119 CONG. REC. 34873, 93d Cong. 1st exist for the impeachment of Richard Sess. M. Nixon; to the Committee on Rules. The first resolution in the 93d ... Congress calling for President Nix- By Mr. Hechler of West Virginia: on’s impeachment was introduced by Mr. Robert F. Drinan (Mass.), on H. Res. 631. Resolution that Richard July 31, 1973, H. Res. 513, 93d M. Nixon, President of the United Cong. 1st Sess. (placed in hopper States, is impeached of high crimes and referred to Committee on the and misdemeanors; to the Committee Judiciary). on the Judiciary. In the 92d Congress, second ses- By Mrs. Heckler of Massachusetts: sion, resolutions were introduced im- 2168 IMPEACHMENT POWERS Ch. 14 § 15 Parliamentarian’s Note: The mittee reported and called resolutions were introduced fol- up as privileged a subse- lowing the President’s dismissal of quent resolution specifically Special Prosecutor Cox, of the Wa- mandating an impeachment tergate Special Prosecution Force investigation and continuing investigating Presidential cam- the availability of funds, in paign activities, and the resigna- tion of Attorney General Richard- order to confirm the delega- son.(7) tion of authority from the House to that committee to Authority for Judiciary Com- conduct the investigation. mittee Investigation On Feb. 6, 1974, Peter W. Ro- dino, Jr., of New Jersey, Chair- § 15.2 Although the House had man of the Committee on the Ju- adopted a resolution author- diciary, called up for immediate izing the Committee on the consideration House Resolution Judiciary, to which had been 803, authorizing the committee to referred resolutions im- investigate the sufficiency of peaching President Richard grounds for the impeachment of M. Nixon, to conduct inves- President Nixon, which resolution tigations (with subpena had been reported by the com- power) within its jurisdiction mittee on Feb. 1, 1974. as such jurisdiction was de- The resolution read as follows: fined in Rule XI clause 13, H. RES. 803 and although the House had Resolved, That the Committee on the adopted a resolution in- Judiciary, acting as a whole or by any tended to fund expenses of subcommittee thereof appointed by the chairman for the purposes hereof and the impeachment inquiry by in accordance with the rules of the the committee, the com- committee, is authorized and directed to investigate fully and completely peaching the President for his con- whether sufficient grounds exist for duct of the Vietnam conflict. See H. the House of Representatives to exer- Res. 976 and H. Res. 989, 92d Cong. cise its constitutional power to im- 2d Sess. peach Richard M. Nixon, President of the United States of America. The 7. Comments were delivered in the committee shall report to the House of House on Oct. 23, 1973, on actions of Representatives such resolutions, arti- the President. See, for example, the cles of impeachment, or other rec- comments of Majority Leader Thom- ommendations as it deems proper. as P. O’Neill, Jr. (Mass.), at 119 Sec. 2. (a) For the purpose of making CONG. REC. 34819, 93d Cong. 1st such investigation, the committee is Sess. authorized to require— 2169 Ch. 14 § 15 DESCHLER’S PRECEDENTS (1) by subpena or otherwise— photographs, reproductions, recordings, (A) the attendance and testimony of tapes, transcripts, printouts, data com- any person (including at a taking of a pilations from which information can deposition by counsel for the com- be obtained (translated if necessary, mittee); and through detection devices into reason- (B) the production of such things; ably usable form), tangible objects, and and other things of any kind. (2) by interrogatory, the furnishing Sec. 3. For the purpose of making of such information; as it deems nec- such investigation, the committee, and essary to such investigation. any subcommittee thereof, are author- (b) Such authority of the committee ized to sit and act, without regard to may be exercised— clause 31 of rule XI of the Rules of the (1) by the chairman and the ranking House of Representatives, during the minority member acting jointly, or, if present Congress at such times and either declines to act, by the other act- places within or without the United ing alone, except that in the event ei- States, whether the House is meeting, ther so declines, either shall have the has recessed, or has adjourned, and to right to refer to the committee for deci- hold such hearings, as it deems nec- sion the question whether such author- essary. ity shall be so exercised and the com- Sec. 4. Any funds made available to mittee shall be convened promptly to the Committee on the Judiciary under render that decision; or House Resolution 702 of the Ninety- (2) by the committee acting as a third Congress, adopted November 15, whole or by subcommittee. Subpenas 1973, or made available for the pur- and interrogatories so authorized may pose hereafter, may be expended for be issued over the signature of the the purpose of carrying out the inves- chairman, or ranking minority mem- tigation authorized and directed by ber, or any member designated by ei- this resolution. ther of them, and may be served by Mr. Rodino and Mr. Edward any person designated by the chair- Hutchinson, of Michigan, the man, or ranking minority member, or any member designated by either of ranking minority member of the them. The chairman, or ranking minor- Committee on the Jucliciary, ex- ity member, or any member designated plained the purpose of the resolu- by either of them (or, with respect to tion, which had been adopted any deposition, answer to interrog- unanimously by the committee, as atory, or affidavit, any person author- follows: ized by law to administer oaths) may administer oaths to any witness.