Congressional Record, Volume 167 Issue 14 (Monday, January 25, 2021)

[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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