[Congressional Record Volume 167, Number 14 (Monday, January 25, 2021)]
[Senate]
[Pages S124-S125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    EXHIBITION OF ARTICLE OF IMPEACHMENT AGAINST DONALD JOHN TRUMP, 
                     PRESIDENT OF THE UNITED STATES

  At 7:03 p.m., the managers on the part of the House of 
Representatives of the impeachment of Donald John Trump appeared below 
the bar of the Senate, and the Acting Sergeant at Arms, Jennifer 
Hemingway, announced their presence, as follows:
  Mr. President and Members of the Senate, I announce the presence of 
the managers on the part of the House of Representatives to conduct the 
proceedings on behalf of the House concerning the impeachment of Donald 
John Trump, former President of the United States.
  The PRESIDENT pro tempore. The managers on the part of the House will 
be received and escorted to the well of the Senate.
  The managers were thereupon escorted by the Acting Sergeant at Arms 
of the Senate, Jennifer Hemingway, to the well of the Senate.
  The PRESIDENT pro tempore. The Acting Sergeant at Arms will make the 
proclamation.
  The Acting Sergeant at Arms, Jennifer Hemingway, made the 
proclamation as follows:
  Hear ye! Hear ye! Hear ye! All persons are commanded to keep silent, 
on pain of imprisonment, while the House of Representatives is 
exhibiting to the Senate of the United States an Article of Impeachment 
against Donald John Trump, former President of the United States.
  The PRESIDENT pro tempore. The managers on the part of the House will 
proceed.
  Mr. Manager RASKIN. Mr. President, the managers on the part of the 
House of Representatives are here and present and ready to present the 
Article of Impeachment which has been preferred by the House of 
Representatives against Donald John Trump, former President of the 
United States.
  The House adopted the following resolution, which, with the 
permission of the Senate, I will read


                          HOUSE RESOLUTION 40

  In the House of Representatives, U.S., January 13, 2021.

[[Page S125]]

  Resolved, That Mr. Raskin, Ms. DeGette, Mr. Cicilline, Mr. Castro of 
Texas, Mr. Swalwell, Mr. Lieu, Ms. Plaskett, Mr. Neguse, and Ms. Dean 
are appointed managers to conduct the impeachment trial against Donald 
John Trump, President of the United States, that a message be sent to 
the Senate to inform the Senate of these appointments, and that the 
managers so appointed may, in connection with the preparation and the 
conduct of the trial, exhibit the articles of impeachment to the Senate 
and take all other actions necessary, which may include the following:
  (1) Employing legal, clerical, and other necessary assistants and 
incurring such other expenses as may be necessary, to be paid from 
amounts available to the Committee on the Judiciary under applicable 
expense resolutions or from the applicable accounts of the House of 
Representatives.
  (2) Sending for persons and papers, and filing with the Secretary of 
the Senate, on the part of the House of Representatives, any pleadings, 
in conjunction with or subsequent to, the exhibition of the articles of 
impeachment that the managers consider necessary.
  Nancy Pelosi, Speaker of the House of Representatives.
  With the permission of the Senate, I will now read the Article of 
Impeachment, House Resolution 24.


                          HOUSE RESOLUTION 24

  In the House of Representatives, U.S., January 13, 2021.
  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 
article of impeachment be exhibited to the United States Senate:
  Article 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: Incitement of Insurrection

  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''. Further, section 3 of 
the 14th Amendment to the Constitution prohibits any person who has 
``engaged in insurrection or rebellion against'' the United States from 
``hold[ing] any office . . . under the United States''. In his conduct 
while 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 John Trump engaged in high Crimes and Misdemeanors by 
inciting violence against the Government of the United States, in that:
  On January 6, 2021, pursuant to the 12th Amendment to the 
Constitution of the United States, the Vice President of the United 
States, the House of Representatives, and the Senate met at the United 
States Capitol for a Joint Session of Congress to count the votes of 
the Electoral College. In the months preceding the Joint Session, 
President Trump repeatedly issued false statements asserting that the 
Presidential election results were the product of widespread fraud and 
should not be accepted by the American people or certified by State or 
Federal officials. Shortly before the Joint Session commenced, 
President Trump, addressed a crowd at the Ellipse in Washington, DC. 
There, he reiterated false claims that ``we won this election, and we 
won it by a landslide''. He also willfully made statements that, in 
context, encouraged--and foreseeably resulted in--lawless action at the 
Capitol, such as:


 =========================== NOTE =========================== 

  
  On page S125, January 25, 2021, second column, the following 
appears: He also willfully made statements that, in context, 
encourage--and foreseeable resulted in--lawless action at the 
Capitol, such as:
  
  The online Record has been corrected to read: He also willfully 
made statements that, in context, encourage--and foreseeably 
resulted in--lawless action at the Capitol, such as:


 ========================= END NOTE ========================= 
   ``if you don't fight like hell you're not going to have a country 
anymore''. Thus incited by President Trump, members of the crowd he had 
addressed, in an attempt to, among other objectives, interfere with the 
 Joint Session's solemn constitutional duty to certify the results of 
the 2020 Presidential election, unlawfully breached and vandalized the 
Capitol, injured and killed law enforcement personnel, menaced Members 
   of Congress, the Vice President, and Congressional personnel, and 
   engaged in other violent, deadly, destructive, and seditious acts.
  President Trump's conduct on January 6, 2021, followed his prior 
efforts to subvert and obstruct the certification of the results of the 
202 Presidential election. Those prior efforts included a phone call on 
January 2, 2021, during which President Trump urged the secretary of 
state of Georgia, Brad Raffensperger, to ``find'' enough votes to 
overturn the Georgia Presidential election results and threatened 
Secretary Raffensperger if he failed to do so.
  In all this, President Trump gravely endangered the security of the 
United States and its institutions of Government. He threatened the 
integrity of the democratic system, interfered with the peaceful 
transition of power, and imperiled a coequal branch of Government. He 
thereby betrayed his trust as President, to the manifest injury of the 
people of the United States.
  Wherefore, Donald John Trump, by such conduct, has demonstrated that 
he will remain a threat to national security, democracy, 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. Donald 
John 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.
  Nancy Pelosi, Speaker of the House of Representatives.
  Mr. President, that completes the exhibition of the Article of 
Impeachment against Donald John Trump, President of the United States. 
The managers request that the Senate take order for the trial. The 
managers now request leave to withdraw.
  The PRESIDENT pro tempore. Thank you, Mr. Manager Raskin. The Senate 
will duly notify the House of Representatives when it is ready to 
proceed with the trial.
  You may proceed to depart.
  The majority leader.
  Mr. SCHUMER. I suggest the absence of a quorum.
  The PRESIDENT pro tempore. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Ms. Smith). Without objection, it is so 
ordered.

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