[Congressional Record (Bound Edition), Volume 145 (1999), Part 1]
[Extensions of Remarks]
[Page 314]
[From the U.S. Government Publishing Office, www.gpo.gov]



                STATEMENT ON THE ARTICLES OF IMPEACHMENT

                                 ______
                                 

                    HON. JUANITA MILLENDER-McDONALD

                             of california

                    in the house of representatives

                       Wednesday, January 6, 1999

  Ms. MILLENDER-McDONALD. Mr. Speaker, I rise to oppose the Articles of 
Impeachment before this House. I urge Members to step outside the 
passion of your convictions and think about our obligations to the 
Constitution, to our constituents, and our place in history.
  Mr. Speaker, I hoped this moment could be avoided and that Members of 
the Judiciary Committee, after carefully examining the evidence, 
history and their consciences, would recognize that the charges do not 
rise to the level of an impeachable offense. With this vote, we have 
the opportunity, by censure, to live up to the Framers' vision and 
honorably close a sad chapter in our Republic's history, or open a new, 
more perilous one in which the private lives of public figures become 
fair game for scrutiny and prosecutorial entrapment.
  The House Judiciary Committee process was unfair. It relied 
exclusively on material gathered by the Independent Counsel and failed 
to interview material witnesses or subject them to the rigors of cross 
examination.
  Some Committee members abandoned the most fundamental precept of 
fairness--the presumption of innocence. While paying homage to the law 
and constitutional responsibilities, some of our colleagues are even 
pointing to the President's unwillingness to give up his constitutional 
right to avoid self-incrimination by demanding that he admit to 
perjury.
  Can we call this process fair?
  The shortcomings of our process: abrogation of basic tenets of 
jurisprudence; an unfair and flawed process; reliance on hearsay; 
abandonment of the presumption of innocence; and release of materials 
in a prejudicial manner indicate the need to exercise great caution.
  Do we really think these charges rise to the level of impeachable 
offenses envisioned by the Framers? I fear we are falling victim to 
what Alexander Hamilton called ``the greatest danger''--the danger of 
partisan impeachment.
  Mr. Speaker, the American people and history will judge us!
  As Members of the People's House, we must never forget that we were 
sent here by the American people to represent them. The majority of 
Americans have resoundingly said they do not support the impeachment. A 
vote for impeachment under these circumstances would go against the 
fabric of representative democracy and would overturn the will of the 
American people--a grave measure indeed!
  As we vote, let us reflect on our own experiences, perceptions of 
fairness, justice, and our understanding of the facts, to 
conscientiously apply the requisite tests to determine our vote. We can 
ill afford to so endanger the future of our democracy by voting to 
impeach the President of these United States.
  You have the votes to impeach. But can your conscience withstand the 
scrutiny that history will bring to bear on your vote?

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