[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 755 Received in Senate (RDS)]
<DOC>
116th CONGRESS
2d Session
H. RES. 755
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 15, 2020
Received
_______________________________________________________________________
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.
NANCY PELOSI,
Speaker of the House of Representatives.
Attest:
CHERYL L. JOHNSON,
Clerk.