[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 14. Impeachment Powers]
[B. Investigation and Impeachment]
[Â§ 6. Committee Investigations]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2036-2057]
 
                               CHAPTER 14
 
                           Impeachment Powers
 
                    B. INVESTIGATION AND IMPEACHMENT
 
Sec. 6. Committee Investigations

    The conduct of impeachment investigations is governed by those 
portions of Rule XI relating to committee investigatory and hearing 
procedure, and by any rules and special procedures adopted by the 
committee for the inquiry.(12) An investigatory subcommittee 
charged with an impeachment inquiry is limited to the powers expressly 
authorized by the committee.(13)
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12. See Sec. Sec. 6.3 et seq.
13. See Sec. 6.11, infra, for the creation of a subcommittee to 
        investigate and to report to the Committee on the Judiciary on 
        charges against Justice William O. Douglas. No authorizing 
        resolution for a committee investigation had been adopted by 
        the House, but resolutions of impeachment had been referred to 
        the committee.

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[[Page 2037]]

                                 Forms

    Form of resolution authorizing an investigation of the sufficiency 
of grounds for impeachment (of President Richard Nixon) and conferring 
subpena power and authority to take testimony: (14)
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14. 120 Cong. Rec. 2349, 2350, 93d Cong. 2d Sess., Feb. 6, 1974.
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                                H. Res. 803

        Resolved, That the Committee on the Judiciary, acting as a 
    whole or by any subcommittee thereof appointed by the chairman for 
    the purposes hereof and in accordance with the rules of the 
    committee, is authorized and directed to investigate fully and 
    completely whether sufficient grounds exist for the House of 
    Representatives to exercise its constitutional power to impeach 
    Richard M. Nixon, President of the United States of America. The 
    committee shall report to the House of Representatives such 
    resolutions, articles of impeachment, or other recommendations as 
    it deems proper.
        Sec. 2. (a) For the purpose of making such investigation, the 
    committee is authorized to require--
        (1) by subpena or otherwise--
        (A) the attendance and testimony of any person (including at a 
    taking of a deposition by counsel for the committee); and
        (B) the production of such things; and
        (2) by interrogatory, the furnishing of such information;

    as it deems necessary to such investigation.

        (b) Such authority of the committee may be exercised--
        (1) by the chairman and the ranking minority member acting 
    jointly, or, if either declines to act, by the other acting alone, 
    except that in the event either so declines, either shall have the 
    right to refer to the committee for decision the question whether 
    such authority shall be so exercised and the committee shall be 
    convened promptly to render that decision; or
        (2) by the committee acting as a whole or by subcommittee.
    Subpenas and interrogatories so authorized may be issued over the 
    signature of the chairman, or ranking minority member, or any 
    member designated by either of them, and may be served by any 
    person designated by the chairman, or ranking minority member, or 
    any member designated by either of them. The chairman, or ranking 
    minority member, or any member designated by either of them (or, 
    with respect to any deposition, answer to interrogatory, or 
    affidavit, any person authorized by law to administer oaths) may 
    administer oaths to any witness. For the purposes of this section, 
    ``things'' includes, without limitation, books, records, 
    correspondence, logs, journals, memorandums, papers, documents, 
    writings, drawings, graphs, charts, photographs, reproductions, 
    recordings, tapes, transcripts, printouts, data compilations from 
    which informa

[[Page 2038]]

    tion can be obtained (translated if necessary, through detection 
    devices into reasonably usable form), tangible objects, and other 
    things of any kind.

        Sec. 3. For the purpose of making such investigation, the 
    committee, and any subcommittee thereof, are authorized to sit and 
    act, without regard to clause 31 of rule XI of the Rules of the 
    House of Representatives, during the present Congress at such times 
    and places within or without the United States, whether the House 
    is meeting, has recessed, or has adjourned, and to hold such 
    hearings, as it deems necessary.
        Sec. 4. Any funds made available to the Committee on the 
    Judiciary under House Resolution 702 of the Ninety-third Congress, 
    adopted November 15, 1973, or made available for the purpose 
    hereafter, may be expended for the purpose of carrying out the 
    investigation authorized and directed by this resolution.

    Form of resolution authorizing a committee to investigate whether a 
judge (Halsted Ritter) has been guilty of high crimes or misdemeanors 
requiring impeachment: (15)
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15. H. Res. 163, 77 Cong. Rec. 4784, 4785, 73d Cong. 1st Sess., June 1, 
        1933.
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                            House Resolution 163

        Resolved, That the Committee on the Judiciary is authorized and 
    directed, as a whole or by subcommittee, to inquire into and 
    investigate the official conduct of Halsted L. Ritter, a district 
    judge for the United States District Court for the Southern 
    District of Florida, to determine whether in the opinion of said 
    committee he has been guilty of any high crime or misdemeanor which 
    in the contemplation of the Constitution requires the interposition 
    of the Constitutional powers of the House. Said committee shall 
    report its findings to the House, together with such resolution of 
    impeachment or other recommendation as it deems proper.
        Sec. 2. For the purpose of this resolution, the committee is 
    authorized to sit and act during the present Congress at such times 
    and places in the District of Columbia and elsewhere, whether or 
    not the House is sitting, has recessed, or has adjourned, to hold 
    such hearing, to employ such clerical, stenographic, and other 
    assistance, to require the attendance of such witnesses and the 
    production of such books, papers, and documents, and to take such 
    testimony, to have such printing and binding done, and to make such 
    expenditures, not exceeding $5,000, as it deems necessary.
        With the following committee amendments:
        Page 2, line 5, strike out the words ``to employ such clerical, 
    stenographic, and other assistance''; and in line 9, on page 2, 
    strike out ``to have such printing and binding done, and to make 
    such expenditures, not exceeding $5,000.''

    Form of subpena issued by the Committee on the Judiciary (to 
President Richard Nixon) in the course of its impeachment inquiry: 
(16)
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16. Impeachment of Richard Nixon, President of the United States, H. 
        Rept. No. 93-1305, p. 234 (see pp. 234-78), Committee on the 
        Judiciary, printed in the Record at 120 Cong. Rec. 29282, 93d 
        Cong. 2d Sess., Aug. 20, 1974. For complete text of H. Rept. 
        No. 93-1305, see id. at pp. 29219-361.

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[[Page 2039]]

    By Authority of the House of Representatives of the Congress of the 
                          United States of America

        To Benjamin Marshall, or his duly authorized representative:
        You are hereby commanded to summon Richard M. Nixon, President 
    of the United States of America, or any subordinate officer, 
    official or employee with custody or control of the things 
    described in the attached schedule, to be and appear before the 
    Committee on the Judiciary of the House of Representatives of the 
    United States, of which the Hon. Peter W. Rodino, Jr. is chairman, 
    and to bring with him the things specified in the schedule attached 
    hereto and made a part hereof, in their chamber in the city of 
    Washington, on or before April 25, 1974, at the hour of 10:00 a.m. 
    then and there to produce and deliver said things to said 
    Committee, or their duly authorized representative, in connection 
    with the Committee's investigation authorized and directed by H. 
    Res. 803, adopted February 6, 1974.
        Herein fail not, and make return of this summons.

                            Cross References
House inquiries and the executive branch, see Ch. 15, infra.
Power of the House to punish for contempt, see Ch. 13, supra.
Referral of charges and resolutions authorizing investigations, see 
    Sec. 5, supra.                          -------------------

Referral of Resolutions Authorizing Impeachment Investigations

Sec. 6.1 Resolutions introduced which directly called for the 
    impeachment or censure of President Richard Nixon in the 93d 
    Congress were referred by the Speaker to the Committee on the 
    Judiciary, whereas resolutions calling for an investigation by that 
    committee or by a select committee with a view toward impeachment 
    were referred to the Committee on Rules.

    On Oct. 23, 1973, several resolutions relating to the impeachment 
of President Nixon were introduced and referred. Examples of those 
referrals are as follows: (17)
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17. 119 Cong. Rec. 34873, 93d Cong. 1st Sess. For a comprehensive 
        listing, see Sec. Sec. 5.10, supra (resolutions authorizing 
        investigations referred to Committee on Rules) and 5.13, supra 
        (resolutions authorizing investigations referred, on motion, to 
        the Committee on the Judiciary).

            By Mr. Long of Maryland:

        H. Con. Res. 365. Concurrent resolution of censureship without 
    prejudice to impeachment; to the Committee on the Judiciary.

            By Ms. Abzug:

[[Page 2040]]

        H. Res. 625. Resolution impeaching Richard M. Nixon, President 
    of the United States, for high crimes and misdemeanors; to the 
    Committee on the Judiciary.

            By Mr. Ashley:

        H. Res. 626. Resolution directing the Committee on the 
    Judiciary to investigate whether there are grounds for the 
    impeachment of Richard M. Nixon; to the Committee on Rules.

Report and Consideration of Resolutions Authorizing Impeachment 
    Investigations

Sec. 6.2 Although the House had adopted a resolution authorizing the 
    Committee on the Judiciary to conduct investigations within its 
    area of jurisdiction as defined in Rule XI clause 13, and although 
    the House had adopted a resolution intended to fund expenses of the 
    Richard Nixon impeachment inquiry by the committee, the Committee 
    on the Judiciary reported and called up as privileged a subsequent 
    resolution specifically mandating an impeachment investigation and 
    continuing the availability of funds, in order to confirm the 
    delegation of authority from the House to that committee to conduct 
    the investigation.

    On Feb. 6, 1974, Peter W. Rodino, Jr., of New Jersey, Chairman of 
the Committee on the Judiciary, called up for immediate consideration 
House Resolution 803, authorizing the Committee on the Judiciary to 
investigate the sufficiency of grounds for the impeachment of President 
Nixon, which resolution had been reported by the committee on Feb. 1, 
1974. The resolution read as follows: (18)
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18. 120 Cong. Rec. 2349-51, 93d Cong. 2d Sess.
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                                H. Res. 803

        Resolved, That the Committee on the Judiciary, acting as a 
    whole or by any subcommittee thereof appointed by the chairman for 
    the purposes hereof and in accordance with the rules of the 
    committee, is authorized and directed to investigate fully and 
    completely whether sufficient grounds exist for the House of 
    Representatives to exercise its constitutional power to impeach 
    Richard M. Nixon, President of the United States of America. The 
    committee shall report to the House of Representatives such 
    resolutions, articles of impeachment, or other recommendations as 
    it deems proper.
        Sec. 2. (a) For the purpose of making such investigation, the 
    committee is authorized to require--
        (1) by subpena or otherwise--
        (A) the attendance and testimony of any person (including at a 
    taking of a deposition by counsel for the committee); and

[[Page 2041]]

        (B) the production of such things; and
        (2) by interrogatory, the furnishing of such information;

    as it deems necessary to such investigation.

        (b) Such authority of the committee may be exercised--
        (1) by the chairman and the ranking minority member acting 
    jointly, or, if either declines to act, by the other acting alone, 
    except that in the event either so declines, either shall have the 
    right to refer to the committee for decision the question whether 
    such authority shall be so exercised and the committee shall be 
    convened promptly to render that decision; or
        (2) by the committee acting as a whole or by subcommittee.

    Subpenas and interrogatories so authorized may be issued over the 
    signature of the chairman, or ranking minority member, or any 
    member designated by either of them, and may be served by any 
    person designated by the chairman, or ranking minority member, or 
    any member designated by either of them. The chairman, or ranking 
    minority member, or any member designated by either of them (or, 
    with respect to any deposition, answer to interrogatory, or 
    affidavit, any person authorized by law to administer oaths) may 
    administer oaths to any witness. For the purposes of this section, 
    ``things'' includes, without limitation, books, records, 
    correspondence, logs, journals, memorandums, papers, documents, 
    writings, drawings, graphs, charts, photographs, reproductions, 
    recordings, tapes, transcripts, printouts, data compilations from 
    which information can be obtained (translated if necessary, through 
    detection devices into reasonably usable form), tangible objects, 
    and other things of any kind.

        Sec. 3. For the purpose of making such investigation, the 
    committee, and any subcommittee thereof, are authorized to sit and 
    act, without regard to clause 31 of rule XI of the Rules of the 
    House of Representatives, during the present Congress at such times 
    and places within or without the United States, whether the House 
    is meeting, has recessed, or has adjourned, and to hold such 
    hearings, as it deems necessary.
        Sec. 4. Any funds made available to the Committee on the 
    Judiciary under House Resolution 702 of the Ninety-third Congress, 
    adopted November 15, 1973, or made available for the purpose 
    hereafter, may be expended for the purpose of carrying out the 
    investigation authorized and directed by this resolution.

    Chairman Rodino and Mr. Edward Hutchinson, of Michigan, ranking 
minority member of the Committee on the Judiciary, explained the 
purpose of the resolution, which had been adopted unanimously by the 
committee, as follows:

        Mr. Rodino: Mr. Speaker, I yield myself such time as I may 
    consume.
        Mr. Speaker, the English statesman Edmund Burke said, in 
    addressing an important constitutional question, more than 200 
    years ago:

            We stand in a situation very honorable to ourselves and 
        very useful to our country, if we do not abuse or

[[Page 2042]]

        abandon the trust that is placed in us.

        We stand in such a position now, and--whatever the result--we 
    are going to be just, and honorable, and worthy of the public 
    trust.
        Our responsibility in this is clear. The Constitution says, in 
    article I, section 2, clause 5:

            The House of Representatives, shall have the sole power of 
        impeachment.

        A number of impeachment resolutions were introduced by Members 
    of the House in the last session of the Congress. They were 
    referred to the Judiciary Committee by the Speaker.
        We have reached the point when it is important that the House 
    explicitly confirm our responsibility under the Constitution.
        We are asking the House of Representatives, by this resolution, 
    to authorize and direct the Committee on the Judiciary to 
    investigate the conduct of the President of the United States, to 
    determine whether or not evidence exists that the President is 
    responsible for any acts that in the contemplation of the 
    Constitution are grounds for impeachment, and if such evidence 
    exists, whether or not it is sufficient to require the House to 
    exercise its constitutional powers.
        As part of that resolution, we are asking the House to give the 
    Judiciary Committee the power of subpena in its investigations.
        Such a resolution has always been passed by the House. The 
    committee has voted unanimously to recommend that the House of 
    Representatives adopt this resolution. It is a necessary step if we 
    are to meet our obligations. . . .
        Mr. Hutchinson: Mr. Speaker, the first section of this 
    resolution authorizes and directs your Judiciary Committee to 
    investigate fully whether sufficient grounds exist to impeach the 
    President of the United States. This constitutes the first explicit 
    and formal action in the whole House to authorize such an inquiry.
        The last section of the resolution validates the use by the 
    committee of that million dollars allotted to it last November for 
    purposes of the impeachment inquiry. Members will recall that the 
    million dollar resolution made no reference to the impeachment 
    inquiry but merely allotted that sum of money to the committee to 
    be expended on matters within its jurisdiction. All Members of the 
    House understood its intended purpose.
        But the rule of the House defining the jurisdiction of 
    committees does not place jurisdiction over impeachment matters in 
    the Judiciary Committee. In fact, it does not place such 
    jurisdiction anywhere. So this resolution vests jurisdiction in the 
    committee over this particular impeachment matter, and it ratifies 
    the authority of the committee to expend for the purpose those 
    funds allocated to it last November, as well as whatever additional 
    funds may be hereafter authorized.

    Parliamentarian's Note: Prior to the passage of House Resolution 
803, the Committee on the Judiciary had been conducting an 
investigation into the charges of impeachment against President Nixon 
under its general investigatory authority, as extended by resolution 
(H. Res. 74) of the House

[[Page 2043]]

on Feb. 28, 1973. House Resolution 74 authorized the Committee on the 
Judiciary to conduct investigations, and to issue subpenas during such 
investigations, within its jurisdiction ``as set forth in clause 13 of 
Rule XI of the Rules of the House of Representatives'' [House Rules and 
Manual Sec. 707 (1973)]. That clause did not specifically mention 
impeachments as within the jurisdiction of the Committee on the 
Judiciary. The House had provided for payment, from the contingent 
fund, of further expenses of the Committee on the Judiciary in 
conducting investigations, following the introduction and referral to 
the committee of various resolutions proposing the impeachment of 
President Nixon. Debate on those resolutions and the reports of the 
Committee on House Administration, which had reported them to the 
House, indicated that the additional funds for the investigations of 
the Committee on the Judiciary were intended in part for use in 
conducting an impeachment inquiry in relation to the 
President.(19)
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19. See H. Res. 702, 93d Cong. 1st Sess., Nov. 15, 1973, and H. Res. 
        1027, 93d Cong. 2d Sess., Apr. 29, 1974, and H. Rept. No. 93-
        1009, Committee on House Administration, to accompany the 
        latter resolution. The report included a statement by Chairman 
        Rodino, of the Committee on the Judiciary, on the status of the 
        impeachment investigation and on the funds required to defray 
        the expenses and salaries of the impeachment inquiry staff.
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Interrogations and Depositions of Witnesses

Sec. 6.3 The House agreed to a resolution authorizing the counsel to 
    the Committee on the Judiciary to take depositions of witnesses in 
    an impeachment investigation when authorized by the chairman and 
    ranking minority member of the committee, notwithstanding a House 
    rule requiring at least two committee members to be present during 
    the taking of testimony at a formal committee hearing.

    On Feb. 6, 1974, the House agreed to House Resolution 803, called 
up as privileged by the Committee on the Judiciary, authorizing it to 
investigate the sufficiency of grounds for the impeachment of President 
Richard Nixon. The resolution authorized the taking of depositions as 
follows: (1)
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 1. 120 Cong. Rec. 2349, 2350, 93d Cong. 2d Sess.
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        Sec. 2. (a) For the purpose of making such investigation, the 
    committee is authorized to require--

[[Page 2044]]

        (1) by subpena or otherwise--
        (A) the attendance and testimony of any person (including at a 
    taking of a deposition by counsel for the committee); and
        (B) the production of such things; and
        (2) by interrogatory, the furnishing of such information as it 
    deems necessary to such investigation.
        (b) Such authority of the committee may be exercised--
        (1) by the chairman and the ranking minority member acting 
    jointly, or, if either declines to act, by the other acting alone, 
    except that in the event either so declines, either shall have the 
    right to refer to the committee for decision the question whether 
    such authority shall be so exercised and the committee shall be 
    convened promptly to render that decision; or
        (2) by the committee acting as a whole or by subcommittee.

    In explanation of the provisions of the resolution, Chairman Peter 
W. Rodino, Jr., of New Jersey, of the Committee on the Judiciary, 
stated that the taking of depositions by counsel was intended to 
expedite the proceedings and investigation.
    Parliamentarian's Note: Rule XI clause 27(h) House Rules and Manual 
Sec. 735 (1973), provided that each committee may fix the number of its 
members to constitute a quorum for taking testimony and receiving 
evidence, which shall not be less than two.

Sec. 6.4 The House in the 93d Congress failed to suspend the rules and 
    agree to a resolution authorizing the Committee on the Judiciary, 
    in holding hearings in its impeachment inquiry into the conduct of 
    President Richard Nixon, to proceed without regard to the House 
    rule requiring the application of the five-minute rule in the 
    interrogation of witnesses.

    On July 1, 1974, Chairman Peter W. Rodino, Jr., of New Jersey, 
moved to suspend the rules and sought agreement to a resolution 
governing the Committee on the Judiciary in hearings conducted in its 
impeachment inquiry against President Nixon:

                                H. Res. 1210

        Resolved, That in conducting hearings held pursuant to House 
    Resolution 803, 93d Congress, the Committee on the Judiciary is 
    authorized to proceed without regard to the second sentence of 
    clause 27(f) (4) of rule XI of the rules of the House.

    Mr. Rodino explained the purpose of the resolution:

        Mr. Rodino: Mr. Speaker, this is a simple resolution which was 
    voted by the House Committee on the Judiciary by an overwhelming 
    vote of 31 to 6. The committee is attempting to meet its 
    responsibilities and to exercise its responsibilities under House 
    Resolution 803 with an eye toward achieving two objectives: 
    conducting the fairest and most thorough inquiry, and arriv

[[Page 2045]]

    ing at the same time at a prompt conclusion to that inquiry as is 
    consistent with our responsibility.
        I believe this resolution authorizing the committee to proceed 
    without regard to the 5-minute rule in the interrogation of 
    witnesses would greatly facilitate the achievement of those 
    objectives. It would permit both probing and orderly examination of 
    witnesses and still provide great flexibility to Members seeking 
    answers to specific relevant questions.

    Mr. David W. Dennis, of Indiana, also of the Committee on the 
Judiciary, demanded a second on the motion and opposed it on the ground 
that abrogating the five-minute rule for witness interrogation 
derogated the privileges and duties of the individual Members of the 
House.
    On a recorded vote, two-thirds did not vote in favor of the motion 
to suspend the rules, and it was rejected.(2)
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 2. 120 Cong. Rec. 21849-55, 93d Cong. 2d Sess.
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Evidentiary Hearing Procedures

Sec. 6.5 The Committee on the Judiciary adopted procedures in the 93d 
    Congress for presenting evidence and holding hearings in its 
    inquiry into the conduct of President Richard Nixon.

    On May 2, 1974, the Committee on the Judiciary unanimously adopted 
procedures for presenting evidentiary materials to the committee in 
hearings during its inquiry into charges of impeachable conduct against 
President Nixon: (3)
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 3. See H. Rept. No. 93-1305, at p. 8, Committee on the Judiciary, 93d 
        Cong. 2d Sess., reported Aug. 20, 1974.
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                       Impeachment Inquiry Procedures

        The Committee on the Judiciary states the following procedures 
    applicable to the presentation of evidence in the impeachment 
    inquiry pursuant to H. Res. 803, subject to modification by the 
    Committee as it deems proper as the presentation proceeds.
        A. The Committee shall receive from Committee counsel at a 
    hearing an initial presentation consisting of (i) a written 
    statement detailing, in paragraph form, information believed by the 
    staff to be pertinent to the inquiry, (ii) a general description of 
    the scope and manner of the presentation of evidence, and (iii) a 
    detailed presentation of the evidentiary material, other than the 
    testimony of witnesses.
        1. Each Member of the Committee shall receive a copy of (i) the 
    statement of information, (ii) the related documents and other 
    evidentiary material, and (iii) an index of all testimony, papers, 
    and things that have been obtained by the Committee, whether or not 
    relied upon in the statement of information.
        2. Each paragraph of the statement of information shall be 
    annotated to related evidentiary material (e.g., documents, 
    recordings and transcripts

[[Page 2046]]

    thereof, transcripts of grand jury or congressional testimony, or 
    affidavits). Where applicable, the annotations will identify 
    witnesses believed by the staff to be sources of additional 
    information important to the Committee's understanding of the 
    subject matter of the paragraph in question.
        3. On the commencement of the presentation, each Member of the 
    Committee and full Committee staff, majority and minority, as 
    designated by the Chairman and the Ranking Minority Member, shall 
    be given access to and the opportunity to examine all testimony, 
    papers and things that have been obtained by the inquiry staff, 
    whether or not relied upon in the statement of information.
        4. The President's counsel shall be furnished a copy of the 
    statement of information and related documents and other 
    evidentiary material at the time that those materials are furnished 
    to the Members and the President and his counsel shall be invited 
    to attend and observe the presentation.
        B. Following that presentation the Committee shall determine 
    whether it desires additional evidence, after opportunity for the 
    following has been provided:
        1. Any Committee Member may bring additional evidence to the 
    Committee's attention.
        2. The President's counsel shall be invited to respond to the 
    presentation, orally or in writing as shall be determined by the 
    Committee.
        3. Should the President's counsel wish the Committee to receive 
    additional testimony or other evidence, he shall be invited to 
    submit written requests and precise summaries of what he would 
    propose to show, and in the case of a witness precisely and in 
    detail what it is expected the testimony of the witness would be, 
    if called. On the basis of such requests and summaries and of the 
    record then before it, the Committee shall determine whether the 
    suggested evidence is necessary or desirable to a full and fair 
    record in the inquiry, and, if so, whether the summaries shall be 
    accepted as part of the record or additional testimony or evidence 
    in some other form shall be received.
        C. If and when witnesses are to be called, the following 
    additional procedures shall be applicable to hearings held for that 
    purpose:
        1. The President and his counsel shall be invited to attend all 
    hearings, including any held in executive session.
        2. Objections relating to the examination of witnesses or to 
    the admissibility of testimony and evidence may be raised only by a 
    witness or his counsel, a Member of the Committee, Committee 
    counsel or the President's counsel and shall be ruled upon [by] the 
    Chairman or presiding Member. Such rulings shall be final, unless 
    overruled by a vote of a majority of the Members present. In the 
    case of a tie vote, the ruling of the Chair shall prevail.
        3. Committee Counsel shall commence the questioning of each 
    witness and may also be permitted by the Chairman or presiding 
    Member to question a witness at any point during the appearance of 
    the witness.
        4. The President's counsel may question any witness called 
    before the Committee, subject to instructions from the

[[Page 2047]]

    Chairman or presiding Member respecting the time, scope and 
    duration of the examination.

        D. The Committee shall determine, pursuant to the Rules of the 
    House, whether and to what extent the evidence to be presented 
    shall be received in executive session.
        E. Any portion of the hearings open to the public may be 
    covered by television broadcast, radio broadcast, still 
    photography, or by any of such methods of coverage in accord with 
    the Rules of the House and the Rules of Procedure of the Committee 
    as amended on November 13, 1973.
        F. The Chairman shall make public announcement of the date, 
    time, place and subject matter of any Committee hearing as soon as 
    practicable and in no event less than twenty-four hours before the 
    commencement of the hearing.
        G. The Chairman is authorized to promulgate additional 
    procedures as he deems necessary for the fair and efficient conduct 
    of Committee hearings held pursuant to H. Res. 803, provided that 
    the additional procedures are not inconsistent with these 
    Procedures, the Rules of the Committee, and the Rules of the House. 
    Such procedures shall govern the conduct of the hearings, unless 
    overruled by a vote of a majority of the Members present.
        H. For purposes of hearings held pursuant to these rules, a 
    quorum shall consist of ten Members of the Committee.

Sec. 6.6 In its impeachment inquiry into the conduct of President 
    Richard Nixon, the Committee on the Judiciary held hearings in 
    executive session for the presentation of statements of information 
    and supporting evidentiary material by the inquiry staff and for 
    the presentation of materials by the President's counsel.

    In its final report recommending the impeachment of President Nixon 
in the 93d Congress, the Committee on the Judiciary summarized the 
proceedings of the committee which had been conducted in executive 
session: (4)
---------------------------------------------------------------------------
 4. H. Rept. No. 93-1305, at p. 9, Committee on the Judiciary, 93d 
        Cong. 2d Sess., reported Aug. 20, 1974, printed at 120 Cong. 
        Rec. 29221, 93d Cong. 2d Sess., Aug. 20, 1974.
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        From May 9, 1974 through June 21, 1974, the Committee 
    considered in executive session approximately six hundred fifty 
    ``statements of information'' and more than 7,200 pages of 
    supporting evidentiary material presented by the inquiry staff. The 
    statements of information and supporting evidentiary material, 
    furnished to each Member of the Committee in 36 notebooks, 
    presented material on several subjects of the inquiry: the 
    Watergate break-in and its aftermath, ITT, dairy price supports, 
    domestic surveillance, abuse of the IRS, and the activities of the 
    Special Prosecutor. The staff also presented to the Committee 
    written reports on President Nixon's income taxes, presidential 
    impoundment of funds appropriated by Congress, and the bombing of 
    Cambodia.

[[Page 2048]]

        In each notebook, a statement of information relating to a 
    particular phase of the investigation was immediately followed by 
    supporting evidentiary material, which included copies of documents 
    and testimony (much of it already on public record), transcripts of 
    presidential conversations, and affidavits. A deliberate and 
    scrupulous abstention from conclusions, even by implication, was 
    observed.
        The Committee heard recordings of nineteen presidential 
    conversations and dictabelt recollections. The presidential 
    conversations were neither paraphrased nor summarized by the 
    inquiry staff. Thus, no inferences or conclusions were drawn for 
    the Committee. During the course of the hearings, Members of the 
    Committee listened to each recording and simultaneously followed 
    transcripts prepared by the inquiry staff.
        On June 27 and 28, 1974, Mr. James St. Clair, Special Counsel 
    to the President made a further presentation in a similar manner 
    and form as the inquiry staff's initial presentation. The Committee 
    voted to make public the initial presentation by the inquiry staff, 
    including substantially all of the supporting materials presented 
    at the hearings, as well as the President's response.

Evidence in Impeachment Inquiries

Sec. 6.7 During an investigation into charges of impeachable offenses 
    against a Supreme Court Justice, the Committee on the Judiciary 
    authorized its subcommittee to request and inspect federal tax 
    data, and the President promulgated an executive order permitting 
    such inspection.

    On May 26, 1970, the Committee on the Judiciary authorized by 
resolution a subcommittee investigation of federal tax records of 
Justice William O. Douglas and others:

     Resolution for Special Subcommittee to Consider House Resolution 
                                    920

        Resolved, That the Special Subcommittee to consider H. Res. 
    920, a resolution impeaching William O. Douglas, Associate Justice 
    of the Supreme Court of the United States, of high crimes and 
    misdemeanors in office, hereby is authorized and directed to obtain 
    and inspect from the Internal Revenue Service any and all materials 
    and information relevant to its investigation in the files of the 
    Internal Revenue Service, including tax returns, investigative 
    reports, or other documents, that the Special Subcommittee to 
    consider H. Res. 920 determines to be within the scope of H. Res. 
    920 and the various related resolutions that have been introduced 
    into the House of Representatives.
        The Special Subcommittee on H. Res. 920 is authorized to make 
    such requests to the Internal Revenue Service as the Subcommittee 
    determines to be appropriate, and the Subcommittee is authorized to 
    amend its requests to designate such additional persons, taxpayers, 
    tax returns, investigative reports, and other documents as the 
    Subcommittee determines to be appro

[[Page 2049]]

    priate during the course of this investigation.

        The Special Subcommittee on H. Res. 920 may designate agents to 
    examine and receive information from the Internal Revenue Service.
        This resolution specifically authorizes and directs the Special 
    Subcommittee to obtain and inspect from the Internal Revenue 
    Service the documents and other file materials described in the 
    letter dated May 12, 1970, from Chairman Emanuel Celler to the 
    Honorable Randolph Thrower. The tax returns for the following 
    taxpayers, and the returns for such additional taxpayers as the 
    Subcommittee subsequently may request, are included in this 
    resolution:

            Associate Justice William O. Douglas, Supreme Court of the 
        United States, Washington, D.C. 20036.
            Albert Parvin, 1900 Avenue of the Stars, Suite 1790, 
        Century City, Calif. 90067.
            Albert Parvin Foundation, c/o Arnold & Porter, 1229 19th 
        Street, N.W., Washington, D.C. 20036.
            The Center for the Study of Democratic Institutions, Box 
        4068, Santa Barbara, Calif. 93103.
            Fund for the Republic, 136 East 57th Street, New York, N.Y. 
        10022.
            Parvin-Dohrmann Corp. (Now Recrion Corp.), 120 N. Robertson 
        Blvd., Los Angeles, Calif. 90048.

    On June 12, 1970, President Richard Nixon promulgated Executive 
Order No. 11535 to allow such inspection:

    Inspection of Tax Returns by the Committee on the Judiciary, House 
                             of Representatives

        By virtue of the authority vested in me by sections 55(a) and 
    1604(c) of the Internal Revenue Code of 1939, as amended (26 U.S.C. 
    (1952 Ed.) 55(a), 1604(c)), and by sections 6103(a) and 6106 of the 
    Internal Revenue Code of 1954, as amended (26 U.S.C. 6103(a), 
    6106), it is hereby ordered that any income, excess-profits, 
    estate, gift, unemployment, or excise tax return, including all 
    reports, documents, or other factual data relating thereto, shall, 
    during the Ninety-first Congress, be open to inspection by the 
    Committee on the Judiciary, House of Representatives, or any duly 
    authorized subcommittee thereof, in connection with its 
    consideration of House Resolution 920, a resolution impeaching 
    William O. Douglas, Associate Justice of the Supreme Court of the 
    United States. Whenever a return is open to inspection by such 
    Committee or subcommittee, a copy thereof shall, upon request, be 
    furnished to such Committee or subcommittee. Such inspection shall 
    be in accordance and upon compliance with the rules and regulations 
    prescribed by the Secretary of the Treasury in Treasury Decisions 
    6132 and 6133, relating to the inspection of returns by committees 
    of the Congress, approved by the President on May 3, 
    1955.(5)
---------------------------------------------------------------------------
 5. See first report by the special subcommittee on H. Res. 920 of the 
        Committee on the Judiciary, committee print, 91st Cong. 2d 
        Sess., June 20, 1970, at pp. 14-20.
---------------------------------------------------------------------------

Sec. 6.8 During an impeachment investigation in the House into the 
    conduct of the President, the Senate adopted a resolution releasing 
    records

[[Page 2050]]

    of a Senate select committee on Presidential campaign activities to 
    congressional committees and other persons and agencies with a 
    legitimate need therefore.

    On July 29, 1974,(6) Senator Samuel J. Ervin, Jr., of 
North Carolina, offered in the Senate a resolution (S. Res. 369), 
relative to the records of a Senate select committee. The Senate 
adopted the resolution following Senator Ervin's explanation as to the 
needs and requests of the Committee on the Judiciary of the House:
---------------------------------------------------------------------------
 6. 120 Cong. Rec. 25392, 25393, 93d Cong. 2d Sess.
---------------------------------------------------------------------------

        Mr. Ervin: Mr. President, under its present charter, the Senate 
    Select Committee on Presidential Campaign Activities has 90 days 
    after the 28th day of June of this year in which to wind up its 
    affairs. This resolution is proposed with the consent of the 
    committee, and its immediate consideration has been cleared by the 
    leadership on both sides of the aisle.
        The purpose of this resolution is to facilitate the winding up 
    of the affairs of the Senate Select Committee. The resolution 
    provides that all of the records of the committee shall be 
    transferred to the Library of Congress which shall hold them 
    subject to the control of the Senate Committee on Rules and 
    Administration.
        It provides that after these records are transferred to the 
    Library of Congress the Senate Committee on Rules and 
    Administration shall control the access to the records and either 
    by special orders or by general regulations shall make the records 
    available to courts, congressional committees, congressional 
    subcommittees, Federal departments and agencies, and any other 
    persons who may satisfy the Senate Committee on Rules and 
    Administration that they have a legitimate need for the records.
        It provides that the records shall be maintained intact and 
    that none of the original records shall be released to any agency 
    or any person.
        It provides further that pending the transfer of the records to 
    the Library of Congress and the assumption of such control by the 
    Senate Committee on Rules and Administration, that the Select 
    Committee, acting through its chairman or through its vice 
    chairman, can make these records available to courts or to 
    congressional committees or subcommittees or to other persons 
    showing a legitimate need for them.
        I might state this is placed in here because of the fact that 
    we have had many requests from congressional committees for the 
    records. We have had requests from the Special Prosecutor and from 
    the courts. . . .
        I might state in the past the committee has made available some 
    of the records to the House Judiciary Committee, at its request, 
    and to the Special Prosecutor at his request. The resolution also 
    provides that the action of the committee in doing so is ratified 
    by the Senate.

Sec. 6.9 In its inquiry into charges of impeachable of

[[Page 2051]]

    fenses against President Richard Nixon, the Committee on the 
    Judiciary adopted procedures which ensured the confidentiality of 
    impeachment inquiry materials and which limited access to such 
    materials.

    On Feb. 22, 1974, the Committee on the Judiciary unanimously 
adopted a set of procedures to preserve the confidentiality of 
evidentiary and other materials compiled in its impeachment inquiry 
relating to the conduct of President Nixon: (7)
---------------------------------------------------------------------------
 7. See H. Rept. No. 93-1305, at p. 8, Committee on the Judiciary, 
        printed in the Record at 120 Cong. Rec. 29219, 29221, 93d Cong. 
        2d Sess., Aug. 20, 1974, for brief discussion of the adoption 
        of the procedures.
            The House had authorized the printing of additional copies 
        of the procedures for handling impeachment inquiry materials. 
        See H. Res. 1072, 93d Cong. 2d Sess., May 23, 1974.
---------------------------------------------------------------------------

            Procedures for Handling Impeachment Inquiry Material

        1. The chairman, the ranking minority member, the special 
    counsel, and the counsel to the minority shall at all times have 
    access to and be responsible for all papers and things received 
    from any source by subpena or otherwise. Other members of the 
    committee shall have access in accordance with the procedures 
    hereafter set forth.
        2. At the commencement of any presentation at which testimony 
    will be heard or papers and things considered, each committee 
    member will be furnished with a list of all papers and things that 
    have been obtained by the committee by subpena or otherwise. No 
    member shall make the list or any part thereof public unless 
    authorized by a majority vote of the committee, a quorum being 
    present.
        3. The special counsel and the counsel to the minority, after 
    discussion with the chairman and the ranking minority member, shall 
    initially recommend to the committee the testimony, papers, and 
    things to be presented to the committee. The determination as to 
    whether such testimony, papers, and things shall be presented in 
    open or executive session shall be made pursuant to the rules of 
    the House.
        4. Before the committee is called upon to make any disposition 
    with respect to the testimony or papers and things presented to it, 
    the committee members shall have a reasonable opportunity to 
    examine all testimony, papers, and things that have been obtained 
    by the inquiry staff. No member shall make any of that testimony or 
    those papers or things public unless authorized by a majority vote 
    of the committee, a quorum being present.
        5. All examination of papers and things other than in a 
    presentation shall be made in a secure area designated for that 
    purpose. Copying, duplicating, or removal is prohibited.
        6. Any committee member may bring additional testimony, papers, 
    or things to the committee's attention.
        7. Only testimony, papers, or things that are included in the 
    record will be reported to the House; all other testi

[[Page 2052]]

    mony, papers, or things will be considered as executive session 
    material.

                  Rules for the Impeachment Inquiry Staff

        1. The staff of the impeachment inquiry shall not discuss with 
    anyone outside the staff either the substance or procedure of their 
    work or that of the committee.
        2. Staff offices on the second floor of the Congressional Annex 
    shall operate under strict security precautions. One guard shall be 
    on duty at all times by the elevator to control entry. All persons 
    entering the floor shall identify themselves. An additional guard 
    shall be posted at night for surveillance of the secure area where 
    sensitive documents are kept.
        3. Sensitive documents and other things shall be segregated in 
    a secure storage area. They may be examined only at supervised 
    reading facilities within the secure area. Copying or duplicating 
    of such documents and other things is prohibited.
        4. Access to classified information supplied to the committee 
    shall be limited by the special counsel and the counsel to the 
    minority to those staff members with appropriate security 
    clearances and a need to know.
        5. Testimony taken or papers and things received by the staff 
    shall not be disclosed or made public by the staff unless 
    authorized by a majority of the committee.
        6. Executive session transcripts and records shall be available 
    to designated committee staff for inspection in person but may not 
    be released or disclosed to any other person without the consent of 
    a majority of the committee.

    Parliamentarian's Note: On June 21, 1974, a Member, John N. 
Erlenborn, of Illinois, took the floor to allege that he was being 
denied permission to study files and records gathered by the Committee 
on the Judiciary in its impeachment inquiry into the conduct of the 
President, in violation of Rule XI clause 27(c) of the House 
rules.(8) Rule XI clause 27(c) provided that committee 
hearings and records are to be kept separate from the records of the 
committee chairman and that all Members of the House have access to 
such records. Other provisions of the rule require that a committee may 
receive testimony or evidence in executive session, and that the 
proceedings of such sessions may not be released unless the committee 
so determines. And non-committee Members of the House are not permitted 
to attend executive committee sessions.(9)
---------------------------------------------------------------------------
 8. 120 Cong. Rec. 20624, 93d Cong. 2d Sess.
 9. Although Jefferson's Manual states that any Member may be present 
        at ``any select committee'' (House Rules and Manual Sec. 410 
        [1973]), a select committee appointed in 1834 held that its 
        proceedings should be confidential, not to be attended by any 
        person not invited or required. 3 Hinds' Precedents Sec. 1732. 
        See also 4 Hinds' Precedents Sec. 4540 for the principle that 
        committees may make their sessions executive and exclude 
        persons not members thereof.

---------------------------------------------------------------------------

[[Page 2053]]

Sec. 6.10 The Speaker laid before the House a communication from the 
    Chairman of the Committee on the Judiciary, submitting to the House 
    a ``statement of information'' concerning the income tax returns of 
    President Richard Nixon examined by that committee in executive 
    session during its impeachment inquiry, in order to comply with a 
    Treasury Department regulation requiring submission of Internal 
    Revenue Service files to the House prior to public release.

    On July 25, 1974, Speaker Carl Albert, of Oklahoma, laid before the 
House a communication from Chairman Peter W. Rodino, Jr., of New 
Jersey, of the Committee on the Judiciary: (10)
---------------------------------------------------------------------------
10. 120 Cong. Rec. 25306, 25307, 93d Cong. 2d Sess.
---------------------------------------------------------------------------

     Communicatton From the Chairman of the Committee on the Judiciary

        The Speaker laid before the House the following communication 
    from the chairman of the Committee on the Judiciary:

                                    Washington, D.C., July 26, 1974.
                                                   Hon. Carl Albert,
                 Speaker, House of Representatives, Washington, D.C.

            Dear Mr. Speaker: On February 6, 1974, the House of 
        Representatives adopted H. Res. 803, which authorized and 
        directed the Committee on the Judiciary to investigate fully 
        and completely whether sufficient grounds exist for the House 
        of Representatives to exercise under Article I, Section 2 of 
        the Constitution, its power to impeach President Richard M. 
        Nixon.
            In carrying out its responsibility under H. Res. 803, the 
        Judiciary Committee investigated allegations regarding 
        President Nixon's income tax returns. The Committee requested 
        access to the President's returns and reports on those returns 
        in the files of the Internal Revenue Service. This access was 
        granted by the President in Executive Order 11786, dated June 
        7, 1974, and information from the returns and IRS documents was 
        subsequently presented to the Committee in executive session.
            The Committee is now publicly debating whether to report 
        various articles of impeachment to the House. In the course of 
        this debate reference will surely be made to income tax 
        information regarding the President. Under the Constitution and 
        H. Res. 803, it is appropriate, indeed necessary, to refer to 
        this information in a debate which is of the highest 
        Constitutional significance.
            Commissioner Donald Alexander of the Internal Revenue 
        Service has requested that before information from IRS files is 
        released publicly it be submitted to the House, thus complying 
        with Treasury Department regulations. While this procedure is 
        undoubtedly unnecessary in view of this Committee's 
        Constitutional responsibility and the authority granted it by 
        H. Res. 803, in consideration of the Commissioner's position, I 
        am herewith submitting the enclosed Statement of Information, 
        Book X. This Book will be part of the Committee's record when 
        it makes its recommendation to the House.
              Sincerely,

[[Page 2054]]

                                           Peter W. Rodino, Jr.,
                                                         Chairman.

Subcommittee Procedures

Sec. 6.11 The Committee on the Judiciary authorized a special 
    subcommittee to investigate and report on charges of impeachable 
    offenses against a federal judge.

    On June 20, 1970, a special subcommittee of the Committee on the 
Judiciary, investigating charges of impeachment against Associate 
Justice William O. Douglas, made an interim report to the committee as 
to its authority and procedures: (11)
---------------------------------------------------------------------------
11. First report of the special subcommittee on H. Res. 920 of the 
        Committee on the Judiciary, committee print, 91st Cong. 2d 
        Sess., June 20, 1970.
---------------------------------------------------------------------------

                                I. Authority

        On April 21, 1970, the Committee on the Judiciary adopted a 
    resolution to authorize the appointment of a Special Subcommittee 
    on H. Res. 920, a resolution impeaching William O. Douglas, 
    Associate Justice of the Supreme Court of the United States, of 
    high crimes and misdemeanors in office. Pursuant to this 
    resolution, the following members were appointed: Emanuel Celler 
    (New York), Chairman; Byron G. Rogers (Colorado); Jack Brooks 
    (Texas); William M. McCulloch (Ohio); and Edward Hutchinson 
    (Michigan).
        The Special Subcommittee on H. Res. 920 is appointed and 
    operates under the Rules of the House of Representatives. Rule XI 
    13(f) empowers the Committee on the Judiciary to act on all 
    proposed legislation, messages, petitions, memorials, or other 
    matters relating to ``. . . Federal courts and judges.'' In the 
    91st Congress, Rule XI has been implemented by H. Res. 93, February 
    5, 1969. H. Res. 93 authorizes the Committee on the Judiciary, 
    acting as a whole or by subcommittee, to conduct full and complete 
    investigations and studies on the matters coming within its 
    jurisdiction, specifically ``. . . (4) relating to judicial 
    proceedings and the administration of Federal courts and personnel 
    thereof, including local courts in territories and possessions''.
        H. Res. 93 empowers the Committee to issue subpenas, over the 
    signature of the Chairman of the Committee or any Member of the 
    Committee designated by him. Subpenas issued by the Committee may 
    be served by any person designated by the Chairman or such 
    designated Member.
        On April 28, 1970, the Special Subcommittee on H. Res. 920 held 
    its organization meeting, appointed staff, and adopted procedures 
    to be applied during the investigation. Although the power to issue 
    subpenas is available, and the Subcommittee is prepared to use 
    subpenas if necessary to carry out this investigation, thus far all 
    potential witnesses have been cooperative and it has not been 
    necessary to employ this investigatory tool. The Special 
    Subcommittee operates under procedures established in paragraph 27, 
    Rules of Committee Procedure, of Rule XI of the House of 
    Representatives. These procedures will be followed until additional 
    rules are adopted, which, on the basis

[[Page 2055]]

    of precedent in other impeachment proceedings, are determined by 
    the Special Subcommittee to be appropriate.

Issuance of Subpenas; Effect of Noncompliance

Sec. 6.12 The Committee on the Judiciary determined in the 93d Congress 
    that a federal civil officer could be impeached for failing to 
    comply with duly authorized subpenas issued by the committee in the 
    course of its investigation into impeachment charges against him.

    On Aug. 20, 1974, the Committee on the Judiciary submitted to the 
House a report (H. Rept. No. 93-1305) recommending the impeachment of 
President Richard Nixon on three articles of impeachment, without an 
accompanying resolution of impeachment, the President having resigned. 
Article III, adopted by the committee on July 30, 1974, impeached the 
former President for failing without lawful cause or excuse to comply 
with subpenas issued by the committee for things and papers relative to 
the impeachment inquiry.(12)
---------------------------------------------------------------------------
12. H. Rept. No. 93-1305, Committee on the Judiciary, 93d Cong. 2d 
        Sess., Aug. 20, 1974, printed in full in the Record at 120 
        Cong. Rec. 29219-361, 93d Cong. 2d Sess., Aug. 20, 1974. For 
        the articles impeaching President Nixon, see Sec. 3.1, supra. 
        The minority views challenge such a refusal to comply with a 
        subpena as grounds for impeachment (see Sec. 3.8, supra).
---------------------------------------------------------------------------

    Parliamentarian's Note: The House has in the past considered the 
question whether a federal civil officer was subject to contempt 
proceedings for declining to honor a subpena issued in the course of an 
impeachment investigation or investigation directed toward impeachment. 
In 1879, a committee of the House was conducting an investigation, as 
authorized by the House, into the conduct of the then Minister to 
China, George Seward. In the course of its impeachment inquiry, the 
committee issued subpenas to Mr. Seward commanding him to produce 
papers in relation to the inquiry. Upon his refusal, he was arraigned 
at the bar of the House for contempt. The contempt charge was referred 
to the investigating committee, which concluded in its report (not 
considered by the House) that an official threatened with impeachment 
was not in contempt for declining to be sworn as a witness or to 
produce documentary evidence.(13) Likewise, in 1837, a 
committee was investigating expenditures in cer

[[Page 2056]]

tain executive departments, with a view towards impeachment (of heads 
of departments or of President Andrew Jackson). The committee adopted a 
resolution requesting papers from the President, who declined to 
produce them and submitted a letter criticizing the committee for 
requesting that he and the department heads ``become our own 
accusers.'' The committee laid on the table resolutions censuring the 
President for such action and the committee report concluded that there 
was no privilege of the House to compel public officers to furnish 
evidence against themselves.(14)
---------------------------------------------------------------------------
13. 3 Hinds' Precedents Sec. Sec. 1699, 1700.
14. 3 Hinds' Precedents Sec. 1737.
---------------------------------------------------------------------------

Court Access to Committee Evidence

Sec. 6.13 Where a federal court subpenaed in a criminal case certain 
    evidence gathered by the Committee on the Judiciary in an 
    impeachment inquiry, the House adopted a resolution granting such 
    limited access to the evidence as would not violate the privileges 
    of the House or its sole power of impeachment under the United 
    States Constitution.

    On Aug. 22, 1974,(15) Speaker Carl Albert, of Oklahoma, 
laid before the House subpenas issued by a federal district court in a 
criminal case, requesting certain evidence gathered by the Committee on 
the Judiciary and its subcommittee on impeachment, in the inquiry into 
the conduct of President Richard Nixon. The House adopted a resolution 
(H. Res. 1341) which granted such limited access to the evidence as 
would not violate the privileges or constitutional powers of the House. 
The resolution read as follows:
---------------------------------------------------------------------------
15. 120 Cong Rec. 30026, 93d Cong. 2d Sess.
---------------------------------------------------------------------------

                                H. Res. 1341

        Whereas in the case of United States of America against John N. 
    Mitchell et al. (Criminal Case No. 74-110), pending in the United 
    States District Court for the District of Columbia, subpenas duces 
    tecum were issued by the said court and addressed to Representative 
    Peter W. Rodino, United States House of Representatives, and to 
    John Doar, Chief Counsel, House Judicial Subcommittee on 
    Impeachment, House of Representatives, directing them to appear as 
    witnesses before said court at 10:00 antemeridian on the 9th day of 
    September, 1974, and to bring with them certain and sundry papers 
    in the possession and under the control of the House of 
    Representatives: Therefore be it
        Resolved, That by the privileges of this House no evidence of a 
    documentary character under the control and in the possession of 
    the House of Representatives can, by the mandate of process of the 
    ordinary courts of justice, be taken from such control or pos

[[Page 2057]]

    session but by its permission; be it further
        Resolved, That the House of Representatives under Article I, 
    Section 2 of the Constitution has the sole power of impeachment and 
    has the sole power to investigate and gather evidence to determine 
    whether the House of Representatives shall exercise its 
    constitutional power of impeachment; be it further
        Resolved, That when it appears by the order of the court or of 
    the judge thereof, or of any legal officer charged with the 
    administration of the orders of such court or judge, that 
    documentary evidence in the possession and under the control of the 
    House is needful for use in any court of justice, or before any 
    judge or such legal officer, for the promotion of justice, this 
    House will take such action thereon as will promote the ends of 
    justice consistently with the privileges and rights of this House; 
    be it further
        Resolved, That when said court determines upon the materiality 
    and the relevancy of the papers and documents called for in the 
    subpenas duces tecum, then the said court, through any of its 
    officers or agents, have full permission to attend with all proper 
    parties to the proceeding and then always at any place under the 
    orders and control of this House and take copies of all memoranda 
    and notes, in the files of the Committee on the Judiciary, of 
    interviews with those persons who subsequently appeared as 
    witnesses in the proceedings before the full Committee pursuant to 
    House Resolution 803, such limited access in this instance not 
    being an interference with the Constitutional impeachment power of 
    the House, and the Clerk of the House is authorized to supply 
    certified copies of such documents and papers in possession or 
    control of the House of Representatives that the court has found to 
    be material and relevant (except that under no circumstances shall 
    any minutes or transcripts of executive sessions, or any evidence 
    of witnesses in respect thereto, be disclosed or copied) and which 
    the court or other proper officer thereof shall desire, so as, 
    however, the possession of said papers, documents, and records by 
    the House of Representatives shall not be disturbed, or the same 
    shall not be removed from their place of file or custody under any 
    Members, officer, or employee of the House of Representatives; and 
    be it further
        Resolved, That a copy of these resolutions be transmitted to 
    the said court as a respectful answer to the subpenas 
    aforementioned.