Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.

        [Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 755 Enrolled Bill (ENR)]

<DOC>

Articles of Impeachment Against Donald John Trump

{House Resolution 755, One Hundred Sixteenth Congress, First Session}

CONGRESS OF THE UNITED STATES OF AMERICA,
IN THE HOUSE OF REPRESENTATIVES,
December 18, 2019.

RESOLUTION

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.

Speaker of the House of Representatives.

Attest:

Clerk.

[all]