Articles of Impeachment — Drafts and motions

Congressman Brad Sherman (D-California) has introduced an Article of Impeachment of President Donald J. Trump in the U.S. House of Representatives. The motion was co-sponsored by Congressman Al Green (D-Texas).

See,

Brad Sherman, Press Release, “Congressman Sherman Introduces Article of Impeachment: Obstruction of Justice,” July 12, 2017.

The text of House Resolution 438 is found here. It provides as follows:

115th CONGRESS
1st Session
H. RES. 438

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

IN THE HOUSE OF REPRESENTATIVES

July 12, 2017

Mr. Sherman (for himself and Mr. Al Green of Texas) submitted the following resolution; which was referred to the Committee on the Judiciary

RESOLUTION

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

Resolved, That Donald John Trump, President of the United States, is impeached for high crimes and misdemeanors and that the following article of impeachment be exhibited to the United States Senate:

Article 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

In his conduct while President of the United States, Donald John Trump, 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, has prevented, obstructed and impeded the administration of justice during a Federal investigation in that:

Knowing that Federal law enforcement authorities were investigating possible criminal law violations of his former National Security Advisor, General Michael Flynn and knowing that Federal law enforcement authorities were conducting one or more investigations into Russian state interference in the 2016 campaign for President of the United States, and that such investigation(s) included the conduct of his campaign personnel and associates acting on behalf of the campaign, to include the possible collusion by those individuals with the Russian government, Donald John Trump sought to use his authority to hinder and cause the termination of such investigation(s) including through threatening, and then terminating, James Comey, who was until such termination the Director of the Federal Bureau of Investigation.

The pattern of behavior leading to the conclusion that he sought to cause the hindrance or termination of said investigation(s) include the following:

(1) Requesting that the Director of the Federal Bureau of Investigation curtail the investigation of the activities of General Michael Flynn under circumstances wherein it appeared that Director Comey might be terminated if he failed to adhere to such request.

(2) Making a determination to terminate the Director of the Federal Bureau of Investigation, and only thereafter requesting that the Deputy Attorney General provide him with a memorandum detailing inadequacies in the Director’s performance of his duties.

(3) Despite offering differing rationales for the termination of the Director of the Federal Bureau of Investigation, admitted subsequently that the main reason for the termination was that the Director would not close or alter the investigation of matters related to the involvement of Russia in the 2016 campaign for President of the United States.

(4) Stated that, once he had terminated the Director of the Federal Bureau of Investigation, the pressure of said investigation had been significantly reduced.

In all of this, Donald John 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, Donald John Trump, by such conduct, warrants impeachment and trial, and removal from office.

For background on H. Res. 438 and other possible texts of Articles of Impeachment that might lead to the removal from office of President Trump, see

Phillip Carter, “Articles of Impeachment for Donald J. Trump: A first draft of an impeachment bill for the president,” Slate, May 16 2017 (2:56 PM).

Christine Mai-Duc, “Brad Sherman, an L.A.-area congressman, is standing alone on impeaching Trump,” Los Angeles Times, June 25, 1017 (3:00 a.m.).

Cristina Marcos, “House Democrat files article of impeachment against Trump,” July 12, 1017 (01:53 PM EDT).

Clare Foran, “House Democrat Escalates Call for Impeachment,” The Atlantic, The Hill, July 12, 2017.

See also,

Sonam Sheth, “House bill that would allow Congress to remove Trump from office gains momentum after Trump’s feud with ‘Morning Joe’,” Business Insider, July 1, 2017 (4:25 PM).

Spirit of Publius

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