[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 755 Engrossed in House (EH)]
<DOC>
H. Res. 755
In the House of Representatives, U. S.,
December 18, 2019.
Impeaching Donald John Trump, President of the United States, for high crimes
and misdemeanors.
Resolved, That Donald John Trump, President of the United States, is
impeached for high crimes and misdemeanors and that the following articles of
impeachment be exhibited to the United States Senate:
Articles of impeachment exhibited by the House of Representatives of the
United States of America in the name of itself and of the people of the United
States of America, against Donald John Trump, President of the United States of
America, in maintenance and support of its impeachment against him for high
crimes and misdemeanors.
article i: abuse of power
The Constitution provides that the House of Representatives ``shall have the
sole Power of Impeachment'' and that the President ``shall be removed from
Office on Impeachment for, and Conviction of, Treason, Bribery, or other high
Crimes and Misdemeanors''. In his conduct of the office of President of the
United States--and in violation of his constitutional oath faithfully to execute
the office of President of the United States and, to the best of his ability,
preserve, protect, and defend the Constitution of the United States, and in
violation of his constitutional duty to take care that the laws be faithfully
executed--Donald J. Trump has abused the powers of the Presidency, in that:
Using the powers of his high office, President Trump solicited the
interference of a foreign government, Ukraine, in the 2020 United States
Presidential election. He did so through a scheme or course of conduct that
included soliciting the Government of Ukraine to publicly announce
investigations that would benefit his reelection, harm the election prospects of
a political opponent, and influence the 2020 United States Presidential election
to his advantage. President Trump also sought to pressure the Government of
Ukraine to take these steps by conditioning official United States Government
acts of significant value to Ukraine on its public announcement of the
investigations. President Trump engaged in this scheme or course of conduct for
corrupt purposes in pursuit of personal political benefit. In so doing,
President Trump used the powers of the Presidency in a manner that compromised
the national security of the United States and undermined the integrity of the
United States democratic process. He thus ignored and injured the interests of
the Nation.
President Trump engaged in this scheme or course of conduct through the
following means:
(1) President Trump--acting both directly and through his agents
within and outside the United States Government--corruptly solicited the
Government of Ukraine to publicly announce investigations into--
(A) a political opponent, former Vice President Joseph R.
Biden, Jr.; and
(B) a discredited theory promoted by Russia alleging that
Ukraine--rather than Russia--interfered in the 2016 United
States Presidential election.
(2) With the same corrupt motives, President Trump--acting both
directly and through his agents within and outside the United States
Government--conditioned two official acts on the public announcements
that he had requested--
(A) the release of $391 million of United States taxpayer
funds that Congress had appropriated on a bipartisan basis for
the purpose of providing vital military and security assistance
to Ukraine to oppose Russian aggression and which President
Trump had ordered suspended; and
(B) a head of state meeting at the White House, which the
President of Ukraine sought to demonstrate continued United
States support for the Government of Ukraine in the face of
Russian aggression.
(3) Faced with the public revelation of his actions, President Trump
ultimately released the military and security assistance to the
Government of Ukraine, but has persisted in openly and corruptly urging
and soliciting Ukraine to undertake investigations for his personal
political benefit.
These actions were consistent with President Trump's previous invitations of
foreign interference in United States elections.
In all of this, President Trump abused the powers of the Presidency by
ignoring and injuring national security and other vital national interests to
obtain an improper personal political benefit. He has also betrayed the Nation
by abusing his high office to enlist a foreign power in corrupting democratic
elections.
Wherefore President Trump, by such conduct, has demonstrated that he will
remain a threat to national security and the Constitution if allowed to remain
in office, and has acted in a manner grossly incompatible with self-governance
and the rule of law. President Trump thus warrants impeachment and trial,
removal from office, and disqualification to hold and enjoy any office of honor,
trust, or profit under the United States.
article ii: obstruction of congress
The Constitution provides that the House of Representatives ``shall have the
sole Power of Impeachment'' and that the President ``shall be removed from
Office on Impeachment for, and Conviction of, Treason, Bribery, or other high
Crimes and Misdemeanors''. In his conduct of the office of President of the
United States--and in violation of his constitutional oath faithfully to execute
the office of President of the United States and, to the best of his ability,
preserve, protect, and defend the Constitution of the United States, and in
violation of his constitutional duty to take care that the laws be faithfully
executed--Donald J. Trump has directed the unprecedented, categorical, and
indiscriminate defiance of subpoenas issued by the House of Representatives
pursuant to its ``sole Power of Impeachment''. President Trump has abused the
powers of the Presidency in a manner offensive to, and subversive of, the
Constitution, in that:
The House of Representatives has engaged in an impeachment inquiry focused
on President Trump's corrupt solicitation of the Government of Ukraine to
interfere in the 2020 United States Presidential election. As part of this
impeachment inquiry, the Committees undertaking the investigation served
subpoenas seeking documents and testimony deemed vital to the inquiry from
various Executive Branch agencies and offices, and current and former officials.
In response, without lawful cause or excuse, President Trump directed
Executive Branch agencies, offices, and officials not to comply with those
subpoenas. President Trump thus interposed the powers of the Presidency against
the lawful subpoenas of the House of Representatives, and assumed to himself
functions and judgments necessary to the exercise of the ``sole Power of
Impeachment'' vested by the Constitution in the House of Representatives.
President Trump abused the powers of his high office through the following
means:
(1) Directing the White House to defy a lawful subpoena by
withholding the production of documents sought therein by the
Committees.
(2) Directing other Executive Branch agencies and offices to defy
lawful subpoenas and withhold the production of documents and records
from the Committees--in response to which the Department of State,
Office of Management and Budget, Department of Energy, and Department of
Defense refused to produce a single document or record.
(3) Directing current and former Executive Branch officials not to
cooperate with the Committees--in response to which nine Administration
officials defied subpoenas for testimony, namely John Michael ``Mick''
Mulvaney, Robert B. Blair, John A. Eisenberg, Michael Ellis, Preston
Wells Griffith, Russell T. Vought, Michael Duffey, Brian McCormack, and
T. Ulrich Brechbuhl.
These actions were consistent with President Trump's previous efforts to
undermine United States Government investigations into foreign interference in
United States elections.
Through these actions, President Trump sought to arrogate to himself the
right to determine the propriety, scope, and nature of an impeachment inquiry
into his own conduct, as well as the unilateral prerogative to deny any and all
information to the House of Representatives in the exercise of its ``sole Power
of Impeachment''. In the history of the Republic, no President has ever ordered
the complete defiance of an impeachment inquiry or sought to obstruct and impede
so comprehensively the ability of the House of Representatives to investigate
``high Crimes and Misdemeanors''. This abuse of office served to cover up the
President's own repeated misconduct and to seize and control the power of
impeachment--and thus to nullify a vital constitutional safeguard vested solely
in the House of Representatives.
In all of this, President Trump has acted in a manner contrary to his trust
as President and subversive of constitutional government, to the great prejudice
of the cause of law and justice, and to the manifest injury of the people of the
United States.
Wherefore, President Trump, by such conduct, has demonstrated that he will
remain a threat to the Constitution if allowed to remain in office, and has
acted in a manner grossly incompatible with self-governance and the rule of law.
President Trump thus warrants impeachment and trial, removal from office, and
disqualification to hold and enjoy any office of honor, trust, or profit under
the United States.
Speaker of the House of Representatives.
Attest:
Clerk.