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Steny Hoyer: 'This impeachment asks whether we are still a republic of laws', Statement ahead of House impeachment - 2019

December 19, 2019

18 December 2019, Washington DC, USA

Madam Speaker, I’ve had the honor of serving in this House for over thirty-eight years. I’ve served during six presidencies. I’ve been here through moments of tremendous progress and terrible tragedy. I’ve seen periods of rank partisanship and patriotic bipartisanship. I’ve seen our two-party system work, and I’ve seen it break down.

Never, in all my years serving in this great institution and the people of my district, did I ever expect to encounter such obvious wrongdoing by a President of the United States. Nor did I expect to witness such craven rationalization of presidential actions, which have put our national security at risk, undermined the integrity of our elections, and defied the Constitutional authority of the Congress to conduct oversight.

We’ve heard from Republicans that this impeachment really has to do with policy differences or concerns about the President’s temperament or that we simply dislike the President. They’ve alleged that Democrats have been itching to impeach him since he first took office. The facts say otherwise.

Throughout the Trump presidency, Democrats have resisted pursuing impeachment even as we watched with dismay and disgust at a pattern of wrongdoing. That pattern included ordering federal agencies to lie to the public, firing the FBI Director for refusing to end an investigation of his campaign, siding with Vladimir Putin over our intelligence agencies, taking funding away from the military to put toward an ineffective border wall, and setting policies that have led to the separation of families and the caging of children. We have, to be sure, deep disagreements with the policies and actions taken by this president. But they are not reasons to pursue what Chairman Schiff has called, ‘a wrenching process for the nation.

In fact, Democrats rejected that process emphatically in three specific votes. In December of 2017, Democrats overwhelmingly voted against pursuing articles of impeachment, including the Speaker and myself. We did so again in 2018, with over sixty percent of Democrats rejecting that path. Again, in July 2019, just days before the infamous July 25 telephone call, we did the same, with sixty percent of Democrats voting not to proceed.

It was not until there was clear evidence that the President was abusing his power to serve his own interests – at the expense of our democracy, our national security, and the safeguarding of our elections from foreign interference – that we were compelled to consider articles of impeachment. Credible witnesses, many of whom were appointed to office by President Trump, have corroborated the details and timeline of his abuse of presidential power, which forms the basis of the first article of impeachment in this resolution. I will not recount them here. They have been laid out fully in the articles before us and by colleagues in their remarks.

What I will do is remind Americans that the House provided President Trump every opportunity to prove his innocence. Instead, he ignored Congressional subpoenas for documents and for testimony by White House officials and ordered his subordinates not to cooperate. This itself is unprecedented. When Presidents Nixon and Clinton were asked to hand over documents and allow officials to testify, ultimately both complied. Because it is the law. Such actions of the President can be taken as further evidence of his obstruction and abuse of power. It is itself impeachable conduct, the subject of the second article in this resolution.

These two articles before us concern two very profound Constitutional issues about the abuse of power in our republic. First, whether it is acceptable for the President of the United States to solicit foreign interference in our elections, undermining our national security and the integrity of our democracy. And second, whether it is permissible for the president to obstruct Congress and act as if he is above the law and immune from Constitutional oversight.

On December 4, the Judiciary Committee heard the testimony of Constitutional law experts who weighed in on these points. One of them, Professor Noah Feldman, cautioned: ‘If we cannot impeach a president who abuses his office for personal advantage, we no longer live in a democracy. We live in a monarchy, or we live under a dictatorship.’

The votes we are about to take concern the rule of law and our democracy itself. Let us not forget the words of the philosopher John Locke, so influential to the Founders of our republic. He warned: ‘Wherever law ends, tyranny begins.’

This impeachment asks whether we are still a republic of laws, as our Founders intended – or whether we will accept that one person can be above the law. In America, no one is above the law, but only as long as we hold every person accountable for breaking the law – even a president. Especially a president.

If the House does not act – if we wait and delay – we run the risk of allowing the President’s misconduct to be repeated at the expense of the integrity of our elections, our national security, and our Constitutional system of separation of powers. Democrats did not choose impeachment. We did not wish for it. But President Trump’s misconduct has forced our Constitutional republic to protect itself.

These votes we are about to take – and the process that will follow in the Senate – are not only an assessment of the President’s commitment to the Constitution or to his oath of office. It is, as well, a test of our own. Damning evidence of the President’s high crimes has emerged. Nevertheless, Republican Members of this House and of the Senate have continued to defend a President whose actions and statements are indefensible.

All of us feel a sense of loyalty to party. It’s what makes our two-party system function. It’s what helps hold presidents and majorities accountable. But party loyalty must have its limits. And as evidence of the President’s impeachable offenses has mounted, it has become increasingly clear that the limits of partisanship have been reached and passed.

Now, Democrats and Republicans together face a test before our constituents, our countrymen, and our Creator.

The New York Times on October 18 summarized the question now posed to House and Senate Republicans: ‘Compromise by compromise, Donald Trump has hammered away at what Republicans once saw as foundational virtues: decency, honesty, responsibility. …Will they commit themselves and their party wholly to Mr. Trump, embracing even his most anti-democratic actions, or will they take the first step toward separating themselves from him and restoring confidence in the rule of law?’

Madam Speaker, we have seen Republican courage throughout our history, from the Civil War to the Cold War. In 1950, Margaret Chase Smith, the Senator from Maine, spoke bravely against the cancer of McCarthyism in her party, leading six of her Republican colleagues in a ‘Declaration of Conscience’ against their own leadership.‘We are Republicans,’ they declared, ‘but we are Americans first.’

In 1974, one Congressman took the brave and principled step of becoming the first Republican on the Judiciary Committee to support impeaching President Nixon. He said to his colleagues and to the country: ‘…It isn’t easy for me to align myself against the president to whom I gave my enthusiastic support… on whose side I’ve stood in many legislative battles, whose accomplishments in foreign and domestic affairs I’ve consistently applauded. But it’s impossible for me to condone or ignore the long train of abuses to which he has subjected the presidency and the people of this country. The Constitution and my own oath of office demand that I bear true faith and allegiance to the principles of law and justice upon which this nation was founded. And I cannot in good conscience turn away from the evidence of evil that is to me so clear and compelling.

That Congressman’s name was Larry Hogan Sr. He represented the Fifth District of Maryland, which I now represent. His son is presently the second-term Republican governor of our state. When Larry Hogan Sr. died in 2017, every obituary led with praise for his great act of political courage. Who among us, many years from now, will receive such praise as a man or woman of courage? Who will regret not having earned it?

When Rep. Justin Amash left the Republican Party, he admonished his colleagues that: ‘This president will only be in power for a short time, but excusing his behavior will forever tarnish your name.’ Rep. Amash, of course, is the only Member of this House who has no allegiance to either party. He is supporting both articles of impeachment.

We need not ask who will be the first to show courage by standing up to President Trump. The question we must now ask is: who will be the last to find it?

The pages of our history are filled with Americans who had the courage to choose country over party or personality. But, as President Kennedy wrote: ‘The stories of past courage …can teach, they can offer hope, they can provide inspiration. But they cannot supply courage itself. For this each man must look into his own soul.

I urge my colleagues in the House and in the Senate: look into your soul. Summon the courage to vote for our Constitution and our democracy. To do less betrays our oath and that of our Founders, who pledged their lives, their fortunes, and their sacred honor. Let us neither turn away from the evidence, which is so clear, nor from our good conscience, which compels us to do what in our hearts we know to be right. Let us not allow the rule of law to end or for tyranny to find its toehold.

With our votes today, we can ‘bear true faith and allegiance’ to the vision of our Founders. And we can show future generations what it truly means to be ‘Americans first.’


Source: https://www.baltimoresun.com/politics/bs-m...

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In 2010s MORE 4 Tags STENY HOYER, TRANSCRIPT, IMPEACHMENT, TRUMP PRESIDENCY, PRESIDENT TRUMP, TRUMP IMPEACHMENT, ARTICLES OF IMPEACHMENT
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Barbara Jordan: 'Today I am an inquisitor', on impeachment - 1974

April 28, 2017

25 July 1975, Judiciary Committee, Congress, Washington DC, USA

Thank you, Mr. Chairman.

Mr. Chairman, I join my colleague Mr. Rangel in thanking you for giving the junior members of this committee the glorious opportunity of sharing the pain of this inquiry. Mr. Chairman, you are a strong man, and it has not been easy but we have tried as best we can to give you as much assistance as possible.

Earlier today, we heard the beginning of the Preamble to the Constitution of the United States: "We, the people." It's a very eloquent beginning. But when that document was completed on the seventeenth of September in 1787, I was not included in that "We, the people." I felt somehow for many years that George Washington and Alexander Hamilton just left me out by mistake. But through the process of amendment, interpretation, and court decision, I have finally been included in "We, the people."

Today I am an inquisitor. An hyperbole would not be fictional and would not overstate the solemnness that I feel right now. My faith in the Constitution is whole; it is complete; it is total. And I am not going to sit here and be an idle spectator to the diminution, the subversion, the destruction, of the Constitution.

"Who can so properly be the inquisitors for the nation as the representatives of the nation themselves?" "The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men."1 And that's what we're talking about. In other words, [the jurisdiction comes] from the abuse or violation of some public trust.

It is wrong, I suggest, it is a misreading of the Constitution for any member here to assert that for a member to vote for an article of impeachment means that that member must be convinced that the President should be removed from office. The Constitution doesn't say that. The powers relating to impeachment are an essential check in the hands of the body of the Legislature against and upon the encroachments of the Executive. The division between the two branches of the Legislature, the House and the Senate, assigning to the one the right to accuse and to the other the right to judge, the Framers of this Constitution were very astute. They did not make the accusers and the judgers -- and the judges the same person.

We know the nature of impeachment. We've been talking about it awhile now. It is chiefly designed for the President and his high ministers to somehow be called into account. It is designed to "bridle" the Executive if he engages in excesses. "It is designed as a method of national inquest into the conduct of public men."² The Framers confided in the Congress the power if need be, to remove the President in order to strike a delicate balance between a President swollen with power and grown tyrannical, and preservation of the independence of the Executive.

The nature of impeachment: a narrowly channeled exception to the separation-of-powers maxim.  The Federal Convention of 1787 said that. It limited impeachment to high crimes and misdemeanors and discounted and opposed the term "maladministration." "It is to be used only for great misdemeanors," so it was said in the North Carolina ratification convention. And in the Virginia ratification convention: "We do not trust our liberty to a particular branch. We need one branch to check the other."

"No one need be afraid" -- the North Carolina ratification convention -- "No one need be afraid that officers who commit oppression will pass with immunity." "Prosecutions of impeachments will seldom fail to agitate the passions of the whole community," said Hamilton in the Federalist Papers, number 65. "We divide into parties more or less friendly or inimical to the accused."³ I do not mean political parties in that sense.

The drawing of political lines goes to the motivation behind impeachment; but impeachment must proceed within the confines of the constitutional term "high crime[s] and misdemeanors." Of the impeachment process, it was Woodrow Wilson who said that "Nothing short of the grossest offenses against the plain law of the land will suffice to give them speed and effectiveness. Indignation so great as to overgrow party interest may secure a conviction; but nothing else can."

Common sense would be revolted if we engaged upon this process for petty reasons. Congress has a lot to do: Appropriations, Tax Reform, Health Insurance, Campaign Finance Reform, Housing, Environmental Protection, Energy Sufficiency, Mass Transportation. Pettiness cannot be allowed to stand in the face of such overwhelming problems. So today we are not being petty. We are trying to be big, because the task we have before us is a big one.

This morning, in a discussion of the evidence, we were told that the evidence which purports to support the allegations of misuse of the CIA by the President is thin. We're told that that evidence is insufficient. What that recital of the evidence this morning did not include is what the President did know on June the 23rd, 1972.

The President did know that it was Republican money, that it was money from the Committee for the Re-Election of the President, which was found in the possession of one of the burglars arrested on June the 17th. What the President did know on the 23rd of June was the prior activities of E. Howard Hunt, which included his participation in the break-in of Daniel Ellsberg's psychiatrist, which included Howard Hunt's participation in the Dita Beard ITT affair, which included Howard Hunt's fabrication of cables designed to discredit the Kennedy Administration.

We were further cautioned today that perhaps these proceedings ought to be delayed because certainly there would be new evidence forthcoming from the President of the United States. There has not even been an obfuscated indication that this committee would receive any additional materials from the President. The committee subpoena is outstanding, and if the President wants to supply that material, the committee sits here. The fact is that on yesterday, the American people waited with great anxiety for eight hours, not knowing whether their President would obey an order of the Supreme Court of the United States.

At this point, I would like to juxtapose a few of the impeachment criteria with some of the actions the President has engaged in. Impeachment criteria: James Madison, from the Virginia ratification convention. "If the President be connected in any suspicious manner with any person and there be grounds to believe that he will shelter him, he may be impeached."

We have heard time and time again that the evidence reflects the payment to defendants money. The President had knowledge that these funds were being paid and these were funds collected for the 1972 presidential campaign. We know that the President met with Mr. Henry Petersen 27 times to discuss matters related to Watergate, and immediately thereafter met with the very persons who were implicated in the information Mr. Petersen was receiving. The words are: "If the President is connected in any suspicious manner with any person and there be grounds to believe that he will shelter that person, he may be impeached."

Justice Story: "Impeachment" is attended -- "is intended for occasional and extraordinary cases where a superior power acting for the whole people is put into operation to protect their rights and rescue their liberties from violations." We know about the Huston plan. We know about the break-in of the psychiatrist's office. We know that there was absolute complete direction on September 3rd when the President indicated that a surreptitious entry had been made in Dr. Fielding's office, after having met with Mr. Ehrlichman and Mr. Young. "Protect their rights." "Rescue their liberties from violation."

The Carolina ratification convention impeachment criteria: those are impeachable "who behave amiss or betray their public trust."4 Beginning shortly after the Watergate break-in and continuing to the present time, the President has engaged in a series of public statements and actions designed to thwart the lawful investigation by government prosecutors. Moreover, the President has made public announcements and assertions bearing on the Watergate case, which the evidence will show he knew to be false. These assertions, false assertions, impeachable, those who misbehave. Those who "behave amiss or betray the public trust."

James Madison again at the Constitutional Convention: "A President is impeachable if he attempts to subvert the Constitution." The Constitution charges the President with the task of taking care that the laws be faithfully executed, and yet the President has counseled his aides to commit perjury, willfully disregard the secrecy of grand jury proceedings, conceal surreptitious entry, attempt to compromise a federal judge, while publicly displaying his cooperation with the processes of criminal justice. "A President is impeachable if he attempts to subvert the Constitution."

If the impeachment provision in the Constitution of the United States will not reach the offenses charged here, then perhaps that 18th-century Constitution should be abandoned to a 20th-century paper shredder!

Has the President committed offenses, and planned, and directed, and acquiesced in a course of conduct which the Constitution will not tolerate? That's the question. We know that. We know the question. We should now forthwith proceed to answer the question. It is reason, and not passion, which must guide our deliberations, guide our debate, and guide our decision.

I yield back the balance of my time, Mr. Chairman.

Source: http://www.americanrhetoric.com/speeches/b...

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In 1960-79 B Tags BARBARA JORDAN, TRANSCRIPT, CONSTITUTION, USA, RICHARD NIXON, ARTICLES OF IMPEACHMENT, IMPEACHMENT
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