[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 755 Reported in House (RH)]

<DOC>





                                                  House Calendar No. 61
116th CONGRESS
  1st Session
H. RES. 755

                          [Report No. 116-346]

Impeaching Donald John Trump, President of the United States, for high 
                        crimes and misdemeanors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2019

 Mr. Nadler submitted the following resolution; which was referred to 
                     the Committee on the Judiciary

                           December 15, 2019

Reported with an amendment, referred to the House Calendar and ordered 
                             to be printed
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
     [For text of introduced resolution, see copy of resolution as 
                    introduced on December 10, 2019]

_______________________________________________________________________

                               RESOLUTION


 
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.
                                                  House Calendar No. 61

116th CONGRESS

  1st Session

                              H. RES. 755

                          [Report No. 116-346]

_______________________________________________________________________

                               RESOLUTION

Impeaching Donald John Trump, President of the United States, for high 
                        crimes and misdemeanors.

_______________________________________________________________________

                           December 15, 2019

Reported with an amendment, referred to the House Calendar and ordered 
                             to be printed