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[Pages H5587-H5588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNDERSTANDING THE IMPEACHMENT PROCESS
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Texas (Mr. Green) for 5 minutes.
Mr. GREEN of Texas. Mr. Speaker, and still I rise.
Mr. Speaker, I rise today because I love my country, and I rise today
because it is important for us to understand this impeachment process.
Whether you agree with the bringing of impeachment or not, it is
appropriate to understand the process.
Today, I would like to share a few words about the impeachment
process some 85 days since the Mueller report was presented wherein Mr.
Mueller all but indicated that impeachable acts occurred. I have my
mnemonic notes that I shall refer to.
The impeachment process itself starts and ends in the House. The
House of Representatives and only the House of Representatives can
impeach a President. It is very similar to an indictment but not the
same as an indictment. Once the impeachment actually takes place, then
the process moves to the Senate.
Today, I am going to focus on the House of Representatives. Perhaps
we will talk about the Senate on another occasion.
The impeachment process is not an appealable process. Once the House
gives its verdict, if you will--a majority of persons present voting
for impeachment--there is no appeal. It doesn't go to a friendly court
that a President might have. It won't go to the Supreme Court
ultimately, where some would contend that the Court is divided along
party lines.
I happen to think that judges ought to vote based upon what they
perceive the law to be. I tend to give judges the benefit of the doubt
when it comes to making their decisions, but there are many who
perceive this to be the case.
It is not appealable. It is something that is totally within the
province of the House of Representatives.
This vote is a vote of conscience, and this is where I would like to
focus a good deal of my energy today.
A vote of conscience means that you vote based upon what your
conscience dictates. There will be no instructions given to persons who
will vote. Generally speaking, a jury would receive some sort of
instructions, indicating that they should make certain findings. There
will be no instructions. There will be no indication that we have to do
this based upon clear and convincing evidence, that we have to find
beyond a reasonable doubt that something occurred, or that we should do
it by a preponderance of the evidence. There is no standard that will
be given to Members as they cast their ballots. It is something that
each Member does, and it is a vote of conscience.
Now, the question can become, ``Whose conscience will it be?''
because if you take another person's recommendation and you vote based
upon that recommendation, then you could conceivably vote another
person's conscience.
I will vote my conscience. I will not be guided by what others, who
may be voting based upon political expediency, think. Members can vote
based upon political expediency if they so choose. I will vote based
upon a moral imperative.
I will vote my conscience, and I will do this because I believe that
in this country, the country that I love--I rise because I love my
country--that we ought not allow any person to be above the law.
The law of which I speak is Article II, Section 4 of the
Constitution. No one should be above the law, but this is the law that
governs impeachment. No one should be above the law, and I believe that
for some 85 days now since the Mueller report, we have evidence that
the Chief Executive Officer has been above the law.
There will be a vote on impeachment. Each Member of this august body
has a preeminent privilege of bringing impeachment before the body. I
happen to be a Member, and I want to assure all that impeachment is not
dead.
I read a story today where there was an indication that it has
stalled or has slowed. I want my colleagues to know that I may stand
alone when I do this, as this is what my conscience dictates, but I
believe that it is better to stand alone than not stand at all.
I will stand. There will be another vote. I am asking that all do
what I believe is expected, and that is to vote
[[Page H5588]]
your conscience, knowing that there is no appeal, knowing that you
don't have to worry about the Supreme Court, and knowing that there
will be history to judge us all.
The SPEAKER pro tempore. Members are reminded to refrain from
engaging in personalities toward the President.
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