The Impeachment Report

by The House Intelligence Committee

  47 While Bemoaning Mueller Probe, Trump Falsely Says the Constitution Gives Him ‘The Right to do Whatever I Want’, Washington Post (July 23, 2019) (online at www.washingtonpost.com/politics/2019/07/23/trump-falsely-tells-auditorium-full-teens-constitution-gives-him-right-do-whatever-i-want/).

  48 Donald J. Trump, Twitter (Oct. 1, 2019) (online at https://twitter.com/realDonaldTrump/status/1179179573541511176).

  49 At Louisiana Rally, Trump Lashes Out at Impeachment Inquiry and Pelosi, New York Times (Oct. 11, 2019) (online at www.nytimes.com/2019/10/11/us/trump-rally-louisiana-lake-charles.html).

  50 Donald J. Trump, Twitter (Oct. 18, 2019) (online at https://twitter.com/realDonaldTrump/status/1185374394350215169) (purporting to quote former Rep. Jason Chaffetz).

  51 Donald J. Trump, Twitter (Sept. 21, 2019) (online at https://twitter.com/realDonaldTrump/status/1175409914384125952).

  52 Donald J. Trump, Twitter (Sept. 24, 2019) (online at https://twitter.com/realDonaldTrump/status/1176559970390806530).

  53 Donald J. Trump, Twitter (Sept. 24, 2019) (online at https://twitter.com/realDonaldTrump/status/1176623010230525953).

  54 The White House, Remarks by President Trump and President Salih of Iraq Before Bilateral Meeting (Sept. 24, 2019) (online at www.whitehouse.gov/briefings-statements/remarks-president-trump-president-salih-iraq-bilateral-meeting-new-york-ny-2/).

  55 The White House, Remarks by President Trump and President Bukele of El Salvador Before Bilateral Meeting (Sept. 25, 2019) (online at www.whitehouse.gov/briefings-statements/remarks-president-trump-president-bukele-el-salvador-bilateral-meeting-new-york-ny/).

  56 The White House, Remarks by President Trump in a Multilateral Meeting on the Bolivarian Republic of Venezuela (Sept. 25, 2019) (online at www.whitehouse.gov/briefings-statements/remarks-president-trump-multilateral-meeting-bolivarian-republic-venezuela-new-york-ny/).

  57 Donald J. Trump, Twitter (Sept. 26, 2019) (online at https://twitter.com/realDonaldTrump/status/1177285017636093953).

  58 Donald J. Trump, Twitter (Oct. 1, 2019) (online at https://twitter.com/realDonaldTrump/status/1179023004241727489).

  59 Donald J. Trump, Twitter (Oct. 5, 2019) (online at https://twitter.com/realDonaldTrump/status/1180482408522629120).

  60 Donald J. Trump, Twitter (Oct. 8, 2019) (online at https://twitter.com/realDonaldTrump/status/1181761045486080002).

  61 The White House, Remarks by President Trump at Signing of Executive Orders on Transparency in Federal Guidance and Enforcement (Oct. 9, 2019) (online at www.whitehouse.gov/briefings-statements/remarks-president-trump-signing-executive-orders-transparency-federal-guidance-enforcement/).

  62 Donald J. Trump, Twitter (Oct. 9, 2019) (online at https://twitter.com/realDonaldTrump/status/1181913137483829250).

  63 Donald J. Trump, Twitter (Oct. 9, 2019) (online at https://twitter.com/realdonaldtrump/status/1181969511697788928).

  64 Donald J. Trump, Twitter (Oct. 20, 2019) (online at https://twitter.com/realDonaldTrump/status/1186035686396321793).

  65 Donald J. Trump, Twitter (Nov. 12, 2019) (online at https://twitter.com/realDonaldTrump/status/1194214569591394304).

  66 Donald J. Trump, Twitter (Nov. 24, 2019) (online at https://twitter.com/realDonaldTrump/status/1198733640722718725).

  67 Donald J. Trump, Twitter (Nov. 26, 2019) (online at https://twitter.com/realDonaldTrump/status/1199352977934487553).

  68 The White House, Remarks by President Trump Upon Air Force One Arrival (Sept. 26, 2019) (online at www.whitehouse.gov/briefings-statements/remarks-president-trump-upon-air-force-one-arrival-prince-georges-county-md/).

  69 See, e.g., Co-Equal, Investigative Rules and Practices Followed by House Republicans (online at www.co-equal.org/guide-to-congressional-oversight/investigative-rules-and-practices-followed-by-house-republicans). See also Committee on Government Reform, Democratic Staff, Congressional Oversight of the Clinton Administration (Jan. 17, 2006) (online at https://wayback.archive-it.org/4949/20141031200116/http://oversight-archive.waxman.house.gov/documents/20060117103516-91336.pdf) (noting that House Republicans conducted hundreds of confidential depositions of both political appointees and career officials without agency counsel present, with one Committee alone conducting over 140 depositions of Clinton Administration officials).

  70 Letter from Pat A. Cipollone, Counsel to the President, The White House, to House Speaker Nancy Pelosi, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Chairman Eliot L. Engel, House Committee on Foreign Affairs Committee, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform (Oct. 8, 2019) (online at www.whitehouse.gov/wp-content/uploads/2019/10/PAC-Letter-10.08.2019.pdf).

  71 Speech: Donald Trump Holds a Political Rally in Minneapolis, Minnesota, Factbase Videos (Oct. 10, 2019) (online at www.youtube.com/watch?time_continue=742&v=_y8Al_mGwmc&feature=emb_logo).

  72 Gregg Nunziata, a former legal counsel and senior policy advisor to Senator Marco Rubio, stated: “This letter is bananas. A barely-lawyered temper tantrum.” Gregg Nunziata, Twitter (Oct. 8, 2019) (online at https://twitter.com/greggnunziata/status/1181685021926662144). Jonathan Turley, a law professor who has represented House Republicans, stated: “A President cannot simply pick up his marbles and leave the game because he does not like the other players. A refusal to cooperate with a constitutionally mandated process can itself be an abuse of power.” White House Issues Defiant Letter Refusing to Cooperate in Impeachment Proceedings, Res Ipsa Loquitur (Oct. 9, 2019) (online at https://jonathanturley.org/2019/10/09/white-house-issues-defiant-letter-refusing-to-cooperate-in-impeachment-proceedings/). Preet Bharara, the former U.S. Attorney for the Southern District of New York, stated, “It’s one of the worst letters I’ve seen from the White House counsel’s office.” George Conway, a prominent conservative attorney, called Mr. Cipollone’s letter “a disgrace to the country, a disgrace to the presidency, and a disgrace to the legal profession.” He accused the White House of “clearly engaging in obstructionist tactics.” Diagnosing Trump (with George Conway), Stay Tuned with Preet Bharara (Oct. 9, 2019) (online at https://cafe.com/stay-tuned-transcript-diagnosing-trump-with-george-conway/). Mr. Conway also stated: “I cannot fathom how any self-respecting member of the bar could affix his name to this letter. It’s pure hackery, and it disgraces the profession.” George T. Conway, III, Twitter (Oct. 8, 2019) (online at https://twitter.com/gtconway3d/status/1181685229687394307).

  73 Letter from Pat A. Cipollone, Counsel to the President, The White House, to Acting Chairwoman Carolyn Maloney, House Committee on Oversight and Reform, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence Chairman Eliot L. Engel, Chairman, House Committee on Foreign Affairs (Oct. 18, 2019).

  74 Department of Justice, Office of Legal Counsel, Exclusion of Agency Counsel from Congressional Depositions in the Impeachment Context (Nov. 1, 2019) (online at www.justice.gov/olc/file/1214996/download).

  75 Department of Justice, Office of Legal Counsel, Legal Aspects of Impeachment: An Overview (1974) (quoting President James K. Polk) (online at www.justice.gov/olc/page/file/980036/download).

  76 Position of the Executive Department Regarding Investigative Reports, 40 Op. Atty Gen. 45 (1941).

  77 Letter from Pat A. Cipollone, Counsel to the President, The White House, to House Speaker Nancy Pelosi, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Chairman Eliot L. Engel, House Committee on Foreign Affairs Committee, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform (Oct. 8, 2019) (online at www.whitehouse.gov/wp-content/uploads/2019/10/PAC-Letter-10.08.2019.pdf).

  78 See, e.g., The White House, Remarks by President Trump and President Salih of Iraq Before Bilateral Meeting (Sept. 24, 2019) (online at www.whitehouse.gov/briefings-statements/remarks-president-trump-president-salih-iraq-bilateral-meeting-new-york-ny/) (“The phone call was perfect.”); The White Ho
use, Remarks by President Trump Upon Arriving at the U.N. General Assembly (Sept. 24, 2019) (online at www.whitehouse.gov/briefings-statements/remarks-president-trump-upon-arriving-u-n-general-assembly-new-york-ny/) (“That call was perfect.”); Donald J. Trump, Twitter (Nov. 11, 2019) (online at https://twitter.com/realDonaldTrump/status/1193615188311912449) (“The call to the Ukrainian President was PERFECT.”).

  79 Letter from Pat A. Cipollone, Counsel to the President, The White House, to House Speaker Nancy Pelosi, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Chairman Eliot L. Engel, House Committee on Foreign Affairs Committee, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform (Oct. 8, 2019) (online at www.whitehouse.gov/wp-content/uploads/2019/10/PAC-Letter-10.08.2019.pdf).

  80 See House Committee on the Judiciary, Impeachment of Richard M. Nixon, President of the United States, 93rd Cong. (1974) (H. Rep. 93-1305) (Impeachment Article III: “In refusing to produce these papers and things, Richard M. Nixon, substituting his judgment as to what materials were necessary for the inquiry, interposed the powers of the presidency against the lawful subpoenas of the House of Representatives, thereby assuming to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by the Constitution in the House of Representatives.”).

  81 In this case, one Republican Member of the House of Representatives supported impeaching President Trump—Rep. Justin Amash from Michigan. In explaining his support, Rep. Amash noted the importance of upholding Congress’ “duties under our Constitution” rather than “loyalty to a political party.” After Rep. Amash announced his support for impeachment, President Trump denounced him as a “total lightweight” and a “loser.” Rep. Amash subsequently declared that he was leaving the Republican party. See Justin Amash, Twitter (May 18, 2019) (online at https://twitter.com/justinamash/status/1129831626844921862); Trump Calls Representative Justin Amash a ‘Loser’ Over Impeachment Talk, New York Times (May 19, 2019) (online at www.nytimes.com/2019/05/19/us/politics/trump-justin-amash-impeachment.html); Justin Amash: Our politics is in a partisan death spiral. That’s why I’m leaving the GOP, Washington Post (July 4, 2019) (online at www.washingtonpost.com/opinions/justin-amash-our-politics-is-in-a-partisan-death-spiral-thats-why-im-leaving-the-gop/2019/07/04/afbe0480-9e3d-11e9-b27f-ed2942f73d70_story.html).

  82 Letter from Pat A. Cipollone, Counsel to the President, The White House, to Acting Chairwoman Carolyn Maloney, House Committee on Oversight and Reform, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Chairman Eliot L. Engel, Chairman, House Committee on Foreign Affairs (Oct. 18, 2019).

  83 Jefferson’s Manual of Parliamentary Practice § 603 (stating that “various events have been credited with setting an impeachment in motion,” including “facts developed and reported by an investigating committee of the House”). On October 25, 2019, a federal district court affirmed that “no governing law requires” the House to hold a such a vote. In re Application of the Committee on the Judiciary, United States House of Representatives, 2019 U.S. Dist. LEXIS 184857 (D.D.C. 2019). More than 300 legal scholars agreed, concluding that “the Constitution does not mandate the process for impeachment and there is no constitutional requirement that the House of Representatives authorize an impeachment inquiry before one begins.” An Open Letter from Legal Scholars on Trump Impeachment Inquiry (Oct. 17, 2019) (online at www.law.berkeley.edu/wp-content/uploads/2019/10/Open-Letter-from-Legal-Scholars-re-Impeachment.pdf).

  84 In re Application of the Committee on the Judiciary, United States House of Representatives, 2019 U.S. Dist. LEXIS 184857 (D.D.C. 2019).

  85 See, e.g., 3 Deschler Ch. 14 § 5 (discussing impeachment of Justice William O. Douglas).

  86 See, e.g., H. Res. 87, 101st Cong. (1989) (impeachment of Judge Walter L. Nixon, Jr.); H. Res. 461, 99th Cong. (1986) (impeachment of Judge Harry E. Claiborne).

  87 H. Res. 6 (2019); H. Res. 660 (2019). In addition, on June 11, 2019, the House approved House Resolution 430, which, in part, authorized the House Committee on the Judiciary to seek judicial enforcement of subpoenas in the ongoing investigation related to Special Counsel Mueller’s report. The resolution granted the Committee “any and all necessary authority under Article I of the Constitution” to seek judicial enforcement. The accompanying report by the House Committee on Rules explained that this authority is intended to further the Judiciary Committee’s ongoing investigation, the purpose of which includes assessing whether to recommend “articles of impeachment with respect to the President.” H. Rep. 116-108, quoting H. Rep. 116-105.

  88 Letter from Pat A. Cipollone, Counsel to the President, The White House, to House Speaker Nancy Pelosi, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Chairman Eliot L. Engel, House Committee on Foreign Affairs Committee, and Chairman Elijah E. Cummings, House Committee on Oversight and Reform (Oct. 8, 2019) (online at www.whitehouse.gov/wp-content/uploads/2019/10/PAC-Letter-10.08.2019.pdf). President Trump has also made these claims directly, stating: “we had a great two weeks watching these crooked politicians, not giving us due process, not giving us lawyers, not giving us the right to speak, and destroying their witnesses,” and “we weren’t allowed any rights.” Speech: Donald Trump Holds a Political Rally in Sunrise, Florida, Factbase Videos (Nov. 26, 2019) (online at www.youtube.com/watch?v=zoRcCRULQl8&feature=youtu.be).

  89 Indeed, Mr. Cipollone articulated no basis under the Constitution for his various “due process” demands—and there is no such basis, especially when the House is engaged in a fact-finding investigation as part of its efforts to ascertain whether to consider articles of impeachment. See H. Rept. 116-266 (2019).

  90 H. Res. 660 (2019).

  91 H. Rept. 116-266 (2019) (“The purpose of providing these protections is to ensure that the president has a fair opportunity to present evidence to the Judiciary Committee if it must weigh whether to recommend articles of impeachment against him to the full House.”).

  92 Letter from Pat A. Cipollone, Counsel to the President, to House Speaker Nancy Pelosi, Chairman Adam B. Schiff, House Permanent Select Committee on Intelligence, Chairman Eliot L. Engel, House Committee on Foreign Affairs, and Chairman Elijah E. Cummings, Committee on Oversight and Reform (Oct. 8, 2019) (online at www.whitehouse.gov/wp-content/uploads/2019/10/PAC-Letter-10.08.2019.pdf).

  93 In a September 25, 2019, statement, a Department of Justice spokesperson stated: “The Attorney General was first notified of the President’s conversation with Ukrainian President Zelensky several weeks after the call took place, when the Department of Justice learned of a potential referral. The President has not spoken with the Attorney General about having Ukraine investigate anything relating to former Vice President Biden or his son. The President has not asked the Attorney General to contact Ukraine—on this or any other matter. The Attorney General has not communicated with Ukraine—on this or any other subject. Nor has the Attorney General discussed this matter, or anything relating to Ukraine, with Rudy Giuliani.” As to the President’s conduct with regard to Ukraine, the Department stated: “In August, the Department of Justice was referred a matter relating to a letter the Director of National Intelligence had received from the Inspector General for the Intelligence Community regarding a purported whistleblower complaint. The Inspector General’s letter cited a conversation between the President and Ukrainian President Zelensky as a potential violation of federal campaign finance law, while acknowledging that neither the Inspector General nor the complainant had firsthand knowledge of the conversation. Relying on established procedures set forth in the Justice Manual, the Department’s Criminal Division reviewed the official record of the call and determined, based on the facts and applicable law, that there was no campaign finance violation and that no further action was warranted. All relevant components of the Department agreed with this legal conclusion, and the Department has concluded the matter.” State
ment of Kerri Kupec, Spokesperson, Department of Justice (Sept. 25, 2019) (as emailed by the Department of Justice to the House Permanent Select Committee on Intelligence).

  94 H. Rept. 116-266 (2019) (The report continued: “As previously described, an impeachment inquiry is not a criminal trial and should not be confused with one. The president’s liberty is not at stake and the constitutional protections afforded a criminal defendant do not as a matter of course apply. The constitutionally permitted consequences of impeachment are limited to immediate removal from office and potentially being barred from holding future federal office. Moreover, it is the Senate that conducts the trial to determine whether the conduct outlined in the articles warrant the president’s removal from office, which requires a 2/3 majority vote. Indeed, given the nature of the ongoing investigation into the Ukraine matter, President Trump has received additional procedural protections. During closed door depositions held by HPSCI and others related to the Ukraine matter, minority members have been present and granted equal time to question witnesses brought before the committees. This is unlike the process in the preceding two presidential impeachment inquiries, which relied significantly upon information gathered by third-party investigators.”).

  95 See Committee on Government Reform, Democratic Staff, Congressional Oversight of the Clinton Administration (Jan. 17, 2006) (online at https://wayback.archive-it.org/4949/20141031200116/http://oversight-archive.waxman.house.gov/documents/20060117103516-91336.pdf) (explaining that when Rep. Dan Burton served as Chairman of the Committee on Government Reform, the Committee deposed 141 Clinton Administration officials without agency counsel present—including White House Chief of Staff Mack McLarty; White House Chief of Staff Erskine Bowles; White House Counsel Bernard Nussbaum; White House Counsel Jack Quinn; Deputy White House Counsel Bruce Lindsey; Deputy White House Counsel Cheryl Mills; Deputy White House Chief of Staff Harold Ickes; Chief of Staff to the Vice President Roy Neel; and Chief of Staff to the First Lady Margaret Williams).