Report of the Committee on the Judiciary, House of Representatives: Impeachment of Donald J. Trump, President of the United States

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116th Congress
1st Session
HOUSE OF REPRESENTATIVES


IMPEACHMENT OF DONALD J. TRUMP
PRESIDENT OF THE UNITED STATES




REPORT

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

Jerrold Nadler, Chairman


TO ACCOMPANY
H. RES. 755

US House of Representatives logo - Trump Impeachment.png

COMMITTEE ON THE JUDICIARY
JERROLD NADLER, New York, Chairman

Zoe Lofgren, California
Sheila Jackson Lee, Texas
Steve Cohen, Tennessee
Henry C. "Hank" Johnson, Jr., Georgia
Theodore E. Deutch, Florida
Karen Bass, California
Cedric L. Richmond, Louisiana
Hakeem S. Jeffries, New York
David N. Cicilline, Rhode Island
Eric Swalwell, California
Ted Lieu, California
Jamie Raskin, Maryland
Pramila Jayapal, Washington
Val Butler Demings, Florida
J. Luis Correa, California
Mary Gay Scanlon, Pennsylvania, Vice-Chair
Sylvia R. Garcia, Texas
Joe Neguse, Colorado
Lucy McBath, Georgia
Greg Stanton, Arizona
Madeleine Dean, Pennsylvania
Debbie Mucarsel-Powell, Florida
Veronica Escobar, Texas

Doug Collins, Georgia, Ranking Member
F. James Sensenbrenner, JR. Wisconsin
Steve Chabot, Ohio
Louie Gohmert, Texas
Jim Jordan, Ohio
Ken Buck, Colorado
John Ratcliffe, Texas
Martha Roby, Alabama
Matt Gaetz, Florida
Mike Johnson, Louisiana
Andy Biggs, Arizona
Tom McClintock, California
Debbie Lesko, Arizona
Guy Reschenthaler, Pennsylvania
Ben Cline, Virginia
Kelly Armstrong, North Dakota
W. Gregory Steube, Florida

Majority Staff

Amy Rutkin, Chief of Staff
Perry Apelbaum, Staff Director and Chief Counsel
John Doty, Senior Advisor
Aaron Hiller, Deputy Chief Counsel and Chief Oversight Counsel
Shadawn Reddick-Smith, Communications Director
Daniel Schwarz, Director of Strategic Communications
Moh Sharma, Director of Member Services and Outreach and Policy Advisor
David Greengrass, Senior Counsel
John Williams, Parliamentarian and Senior Counsel
Arya Hariharan, Deputy Chief Oversight Counsel
Barry Berke, Special Counsel
Norman Eisen, Special Counsel
Ted Kalo, Special Counsel
James Park, Chief Counsel of Constitution Subcommittee

Sophia Brill, Counsel
Milagros Cisneros, Counsel
Charles Gayle, Counsel
Maggie Goodlander, Counsel
Benjamin Hernandez-Stern, Counsel
Sarah Istel, Counsel
Danielle Johnson, Counsel
Joshua Matz, Counsel
Matthew Morgan, Counsel
Matthew N. Robinson, Counsel
Kerry Tirrell, Counsel

Madeline Strasser, Chief Clerk
Rachel Calanni, Professional Staff
Jordan Dashow, Professional Staff
William S. Emmons, Professional Staff
Julian Gerson, Professional Staff
Priyanka Mara, Professional Staff

Jessica Presley, Director of Digital Strategy
Kayla Hamedi, Deputy Press Secretary

Minority Staff

Brendan Belair, Staff Director, Counsel
Bobby Parmiter, Deputy Staff Director, Chief Counsel
Ashley Callen, Chief Oversight Counsel
Danny Johnson, Oversight Counsel
Jake Greenberg, Oversight Counsel
Paul Taylor, Chief Counsel, Constitution Subcommittee
Daniel Flores, Counsel
Ryan Breitenbach, Counsel
Jon Ferro, Parliamentarian, Counsel
Erica Barker, Deputy Parliamentarian
Ella Yates, Member Services Director
Andrea Woodard, Professional Staff Member
Jess Andrews, Communications Director
Amy Hasenberg, Press Secretary
Annie Richardson, Digital Director

116th Congress
1st Session
HOUSE OF REPRESENTATIVES Report
116–


IMPEACHMENT OF DONALD JOHN TRUMP, PRESIDENT OF
THE UNITED STATES


December --, 2019.—Referred to the House Calendar and ordered to be printed


Mr. Nadler, from the Committee on the Judiciary,
submitted the following

REPORT

together with

DISSENTING VIEWS

[To accompany H. Res. 755]

The Committee on the Judiciary, to whom was referred the resolution (H. Res. 755) impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors, having considered the same, reports favorably thereon pursuant to H. Res. 660 with an amendment and recommends that the resolution as amended be agreed to.

The amendment is as follows:

Strike all that follows after the resolving clause and insert the following:

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.

CONTENTS

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    2
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    5
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    29
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    78
  6. ................................................................................................................................................................................................................................................................................................................................................................................................
    139
  7. ................................................................................................................................................................................................................................................................................................................................................................................................
    171
  8. Committee Consideration
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    172
  9. Committee Votes
    ................................................................................................................................................................................................................................................................................................................................................................................................
    172
  10. Committee Oversight Findings
    ................................................................................................................................................................................................................................................................................................................................................................................................
    180
  11. New Budget Authority and Tax Expenditures and Congressional Budget Office Cost Estimate
    ................................................................................................................................................................................................................................................................................................................................................................................................
    180
  12. Duplication of Federal Programs
    ................................................................................................................................................................................................................................................................................................................................................................................................
    180
  13. Performance Goals and Objectives
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    180
  14. Advisory on Earmarks
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    181
  15. ................................................................................................................................................................................................................................................................................................................................................................................................
    181
  16. Appendix
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    182

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).