G:\P\16\AOI\ARTICLES _FINAL.XML (Original Signature of Member) 116TH CONGRESS 1ST SESSION H RES • • • Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors. IN THE HOUSE OF REPRESENTATIVES Mr. NADLER submitted the following resolution; which was referred to the Committee on ----- --- ---- RESOLUTION Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors. l Resolved, That Donald J. Trump, President of the 2 United States, is impeached for high crimes and misI 3 demeanors and that the following articles of impeachment 4 be exhibited to the United States Senate: 5 Articles of impeachment exhibited by the House of 6 Representatives of the United States of America in the 7 name of itself and of the people of the United States of 8 America, against Donald J. Trump, President of the 9 United States of America, in maintenance and support of g:\VHLC\121019\121019.007 ..xml December 10, 2019 (7:16 a.m.) (75204416) G:\P\16\AOMRTICLES _FINAL.XML 2 1 its impeachment against him for high crimes and mis- 2 demeanors. 3 4 ARTICLE I: ABUSE OF POWER The Constitution provides that the House of Rep- 5 resentatives "shall have the sole Power of Impeachment" 6 and that the President "shall be removed from Office on 7 Impeachment for, a~d Conviction of, Treason, Bribery, or 8 other high Crimes and Misdemeanors". In his conduct of 9 the office of President of the United States-and in viola- 10 tion of his constitutional oath faithfully to execute the of11 fice of President of the United States and, to the best of 12 his ability, preserve, protect, and defend the Constitution 13 of the United States, and in violation of his constitutional 14 duty to take care that the laws be faithfully executed15 Donald J. Trump has abused the powers of the Presi- 16 d~ncy, in that: 17 Using the powers of his high office, President Trump 18 solicited the interference of a foreign government, 19 Ukraine, in the 2020 United States Presidential election. 20 He did so through a scheme or course of conduct that 21 included soliciting the Government of Ukraine to publicly 22 announce investigations that would benefit his reelection, 23 harm the election prospects of a political opponent, and 24 influence the 2020 United States Presidential election to 25 his advantage. President Trump also sought to pressure 26 the Government of Ukraine to take these steps by condig:\VHLC\121019\121019.007.xml December 10, 2019 (7:16 a.m.) (75204416) G:\P\16\AOI\ARTICLES _FINAL.XML 3 1 tioning, official United States Government acts of signifi- 2 cant value to Ukraine on its public announcement of the 3 investigations. President Trump engaged in this scheme 4 or course of conduct for corrupt purposes in pursuit of 5 personal political benefit. In so doing, President Tru~p 6 used the powers of the Presidency in a manner that com7 promised the national security of the United States and 8 undermined the integrity of the United States democratic 9 process. He thus ignored and injured the interests of the 10 ·Nation. 11 President Trump engaged in this scheme or course 12 of conduct through the following means: 13 (1) President Trump-acting both directly and 14 through his agents within and outside the United 15 States Government-corruptly 16 ment of Ukraine to publicly a:pnounce investigations 17 into- 18 19 20 solicited the Govern- (A) a political opponent, former Vice President Joseph R. Eiden, Jr.; and (B) a discredited theory promoted by Rus- 21 sia alleging that Ukraine--rather 22 sia-interfered 23 idential election. 24 (2) With the same corrupt motives, President 25 g:\VHLC\121019\121019.007.xml December 10, 2019 (7:16 a.m.) Trump-acting (75204416) than Rus- in the 2016 United States Pres- both directly and through his agents G:\P\16\AOMRTICLES _FINAL.XML 4 . 1 within and outside the United States Government- 2 conditioned two official acts On the public announce- 3 ments that he had requested- 4 (A) the release of $391 million of United 5 States taxpayer funds that Congress had appro- 6 priated on a bipartisan basis for the purpose of 7 providing vital military and security assistance 8 to Ukraine to oppose Russian aggression and 9 which President Trump had ordered suspended; 10 and 11 (B) a head of state meeting at the White 12 House, which the President of Ukraine sought 13 to demonstrate continued United States support 14 for the Government of Ukraine in the face of 15 Russian aggression. 16 (3) Faced with the public revelation of his ac- 17 tions, President Trump ultimately released the mili- 18 tary and security assistance to the Government of 19 Ukraine, but has persisted in openly and corruptly 20 urging and soliciting Ukraine to undertake investiga- 21 tions for his personal political benefit. 22 These actions were consistent with President 23 Trump's previous invitations of foreign interference in 24 United States elections. g:\VHLC\121019\121019.007.xml December 10, 2019 (7:16 a.m.) (75204416) G:\P\16\AOMRTICLES _FINAL.XML 5 1 In all of this, President Trump abused the powers 2 of the Presidency by ignoring and injuring national secu3 rity and other vital national interests to obtain an im4 proper personal political benefit. He has also betrayed the 5 Nation: by abusing his high office _to enlist a foreign power 6 in corrupting democratic electiop.s. 7 Wherefore President Trump, by such conduct, has 8 demonstrated that he will remain a threat to national se9 curity and the Constitution if allowed to remain in office, 10 and has acted in a manner grossly incompatible with self11 . governance and the rule of law. President Trump thus 12 warrants impeachment and trial, removal from office, and 13 disqualification to hold and enjoy any office of honor, 14 trust, or profit under the United States. 15 16 ARTICLE II: OBSTRUCTION OF CONGRESS The Constitution provides that the House of Rep- 17 resentatives "shall have the sole Power of Impeachment" 18 and that the President "shall be removed from Office on 19 Impeachment for, and Conviction of, Treason, Bribery, or 20 other high Crimes and Misdemeanors". In his conduct of 21 the office of President of the United States-and in viola- 22 tion of his constitutional oath faithfully to execute the of23 fice of President of the United States and, to the best of 24 his ability, preserve, protect, and defend the Constitution 25 of the United States, and in violation of his constitutional 26 duty to take care that the laws be faithfully executedg:\VHLC\121019\121019.007.xml December 10, 2019 (7:16 a.m.) (75204416) G:\P\16\AOI\ARTICLES _FINAL.XML 6 1 Donald J. Trump has directed the unprecedented, categor- 2 ical, and indiscriminate defiance of subpoenas issued by 3 the House of Representatives pursuant to its "sole Power 4 of Impeachment''. President Trump has abused the pow- 5 ers of the Presidency in a manner offensive to, and subver6 sive of, the Constitution, in that: 7 The House of Representatives has engaged in an im- 8 peachment inquiry focused on President Trump's corrupt 9 solicitation of the Government' of Ukraine to interfere in 10 the 2020 United States Presidential election. As part . of 11 this impeachment inquiry, the Committees undertaking 12 the investigation served subpoenas seeking documents and 13 testimony deemed vital to the inquiry from various Execu14 tive Branch agencies and offices, and current and former 15 officials. 16 In response, without lawful cause or excuse, Presi- 17 dent Trump directed Executive Branch agencies, offices, 18 and officials not to comply with those subpoenas. Presi19 dent Trump thus interposed the powers of the Presidency 20 against the lawful subpoenas of the House of Representa21 tives, and assumed to himself functions and judgments 22 necessary to the exercise of the "sole Power of Impeach- 23 ment'' vested by the Constitution in the House of Rep24 resentatives. ., g:\VHLC\121019\121019.007.xml December 10, 2019 (7:16 a.m.) (75204416) G:\P\16\AOI\ARTICLES_FINAL.XML 7 1 President Trump abused the powers of his high office 2 through the following means: 3 (1) Directing the White House to defy a lawful 4 subpoena by withholding the production of docu- 5 ments sought therein by the Committees. 6 (2) Directing other Executive Branch agencies 7 and offices to defy lawful subpoenas and withhold 8 the production of documents and records from the 9 Committees-in response to which the Department 10 of State, Office of Management and Budget, Depart- 11 ment of Energy, and Department of Defense refused 12 to produce a single document or record. 13 (3) Directing current and former Executive 14 Branch officials not to cooperate with the Commit- 15 tees-in 16 cials defied subpoenas for testimony, namely John 17 Michael "Mick" Mulvaney, Robert B. Blair, John A. 18 Eisenberg, 19 Russell T. Vought, Michael Duffey, Brian McCor- 20 mack, and T. Ulrich Brechbuhl. 21 These response to which nine Administration offi- Michael Ellis, Preston Wells Griffith, actions were consistent with President 22 Trump's previous efforts to undermine United States Gov23 ernment investigations into foreign interference in United 24 States elections. g:\VHLC\121019\121019.007.xml December 10, 2019 (7:16 a.m .) (75204416) G:\P\16\AOI\ARTICLES_FINAL.XML 8 1 Through these actions, President Trump sought to 2 arrogate to himself the right to determine the propriety, 3 scope, and nature .of an impeachment inquiry into his own 4 conduct, as well as the unilateral prerogative to deny any 5 and all information to the House of Representatives in the 6 exercise of its "sole Power of Impeachment". In the his- 7 tory of the R~public, no President has ever ordered the 8 complete defiance of an impeachment inquiry or sought 9 to obstruct and impede so comprehensively the ability of 10 the House of Representatives to investigate "high Crimes 11 and Misdemeanors". This abuse of office served to cover 12 up the President's own repeated misconduct and to seize 13 and control the power of impeachment-and thus to nul- • 14 lify a vital constitutional safeguard vested solely in the 15 House of Representatives. 16 In all of this, President Trump has acted in a manner 17 contrary to his trust as President and subversive of con18 stitutional government, to the great prejudice of the cause 19 of law and justice, and to the manifest injury of the people 20 of the United States. 21 Wherefore, President Trump, by such conduct, has 22 demonstrated that he will remain a threat to the Constitu23 tion if allowed to remain in office, and has acted in a man24 ner grossly incompatible with self-governance and the rule 25 of law. President Trump thus warrants impeachment and g:\VHLC\121019\121019.007.xml December 10, 2019 (7:16 a.m.) (75204416) G:\P\16\AOI\ARTICLES_FINAL.XML 9 1 trial, removal from office, and disqualification to hold and 2 enjoy any office of honor, trust, or profit under the United 3 States . • g:\VHLC\121019\121019.007.xml December10, 2019 (7:16 a.m.) (75204416)