Committee on the Judiciary recommends the adoption of the First Article of Impeachment.
Yet there can be no doubt that President Trump's blanket defiance of Congressional subpoenas, and his direction that many others defy such subpoenas, substantially interfered with the House's efforts to fulfill its constitutional responsibilities. "If left unanswered, President Trump's ongoing effort to thwart Congress' impeachment power risks doing grave harm to the institution of Congress, the balance of power between our branches of government, and the Constitutional order that the President and every Member of Congress have sworn to protect and defend."[1]
President Trump's obstruction of Congress does not befit the leader of a democratic society. It calls to mind the very claims of royal privilege against which our Founders rebelled. Nor is President Trump's obstruction mitigated by a veneer of legal arguments. Some conclusions are so obviously wrong that their premises cannot be taken seriously; that is true of President Trump's theory that he sets the terms of his own impeachment. Through this conduct, President Trump has shown his rejection of checks and balances. A President who will not abide legal restraint or supervision is a President who poses an ongoing threat to our liberty and security.
The Second Article of Impeachment reflects the judgment of the Committee that President Trump committed "high Crimes and Misdemeanors" in directing the unprecedented, categorical, and indiscriminate defiance of subpoenas issued by the House pursuant to its "sole Power of Impeachment." As the Article explains: "This abuse of office amounts to an effort by the President to seize and control the power of impeachment—and thus to nullify a vital constitutional safeguard vested solely in the House of Representatives."[2]
III.President Trump Committed "High Crimes and Misdemeanors" in Directing Categorical and Indiscriminate Defiance of the House Impeachment Inquiry
Under our Constitution, the House is empowered to investigate grounds for impeachment and the President is required to cooperate with such investigations. Given the impeachment power's central role in protecting the Nation from Presidential wrongdoing—and as confirmed by historical practice and precedent—Congressional investigative authority is at its constitutional zenith during an impeachment inquiry. When the House takes up its "sole Power of Impeachment," the overwhelming presumption is that its subpoenas must be and will be obeyed, including by the President and all other recipients in the Executive Branch. In such cases, the House acts not only pursuant to its ordinary
- ↑ The Trump-Ukraine Impeachment Inquiry Report: Report for the H. Perm. Select Comm. on Intelligence Pursuant to H. Res. 660 in Consultation with the H. Comm. on Oversight and Reform and the H. Comm. on Foreign Affairs at 28, 116th Cong. (2019) (hereinafter "Ukraine Report").
- ↑ H. Res. 755, Articles of Impeachment Against President Donald J. Trump, 116th Cong. (Dec. 11, 2019).
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