Articles of Impeachment

[Ray76]

Articles of Impeachment adopted by House Judiciary Committee on July 27-30, 1974

RESOLVED, That Richard M. Nixon, President of the United States, is impeached for high crimes and misdemeanours, and that the following articles of impeachment to be exhibited to the Senate:

ARTICLES OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN THE NAME OF ITSELF AND OF ALL OF THE PEOPLE OF THE UNITED STATES OF AMERICA, AGAINST RICHARD M. NIXON, PRESIDENT OF THE UNITED STATES OF AMERICA, IN MAINTENANCE AND SUPPORT OF ITS IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND MISDEMEANOURS.

Article 1

In his conduct of the office of President of the United States, Richard M. Nixon, 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 consitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:

On June 17, 1972, and prior thereto, agents of the Committee for the Re-election of the President committed unlawful entry of the headquarters of the Democratic National Committee in Washington, District of Columbia, for the purpose of securing political intelligence. Subsequent thereto, Richard M. Nixon, using the powers of his high office, engaged personally and through his close subordinates and agents, in a course of conduct or plan designed to delay, impede, and obstruct the investigation of such illegal entry; to cover up, conceal and protect those responsible; and to conceal the existence and scope of other unlawful covert activities.

The means used to implement this course of conduct or plan included one or more of the following:

1. making false or misleading statements to lawfully authorized investigative officers and employees of the United States;

2. withholding relevant and material evidence or information from lawfully authorized investigative officers and employees of the United States;

3. approving, condoning, acquiescing in, and counselling witnesses with respect to the giving of false or misleading statements to lawfully authorized investigative officers and employees of the United States and false or misleading testimony in duly instituted judicial and congressional proceedings;

4. interfering or endeavouring to interfere with the conduct of investigations by the Department of Justice of the United States, the Federal Bureau of Investigation, the office of Watergate Special Prosecution Force, and Congressional Committees;

5. approving, condoning, and acquiescing in, the surreptitious payment of substantial sums of money for the purpose of obtaining the silence or influencing the testimony of witnesses, potential witnesses or individuals who participated in such unlawful entry and other illegal activities;

6. endeavouring to misuse the Central Intelligence Agency, an agency of the United States;

7. disseminating information received from officers of the Department of Justice of the United States to subjects of investigations conducted by lawfully authorized investigative officers and employees of the United States, for the purpose of aiding and assisting such subjects in their attempts to avoid criminal liability;

8. making or causing to be made false or misleading public statements for the purpose of deceiving the people of the United States into believing that a thorough and complete investigation had been conducted with respect to allegations of misconduct on the part of personnel of the executive branch of the United States and personnel of the Committee for the Re-election of the President, and that there was no involvement of such personnel in such misconduct: or

9. endeavouring to cause prospective defendants, and individuals duly tried and convicted, to expect favoured treatment and consideration in return for their silence or false testimony, or rewarding individuals for their silence or false testimony.

In all of this, Richard M. Nixon 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 Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.

Adopted by the Committee on the Judiciary of the House of Representatives, July 27, 1974

Article 2

Using the powers of the office of President of the United States, Richard M. Nixon, 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 disregard of his constitutional duty to take care that the laws be faithfully executed, has repeatedly engaged in conduct violating the constitutional rights of citizens, impairing the due and proper administration of justice and the conduct of lawful inquiries, or contravening the laws governing agencies of the executive branch and the purposed of these agencies.

This conduct has included one or more of the following:

1. He has, acting personally and through his subordinates and agents, endeavoured to obtain from the Internal Revenue Service, in violation of the constitutional rights of citizens, confidential information contained in income tax returns for purposed not authorized by law, and to cause, in violation of the constitutional rights of citizens, income tax audits or other income tax investigations to be intitiated or conducted in a discriminatory manner.

2. He misused the Federal Bureau of Investigation, the Secret Service, and other executive personnel, in violation or disregard of the constitutional rights of citizens, by directing or authorizing such agencies or personnel to conduct or continue electronic surveillance or other investigations for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; he did direct, authorize, or permit the use of information obtained thereby for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; and he did direct the concealment of certain records made by the Federal Bureau of Investigation of electronic surveillance.

3. He has, acting personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens, authorized and permitted to be maintained a secret investigative unit within the office of the President, financed in part with money derived from campaign contributions, which unlawfully utilized the resources of the Central Intelligence Agency, engaged in covert and unlawful activities, and attempted to prejudice the constitutional right of an accused to a fair trial.

4. He has failed to take care that the laws were faithfully executed by failing to act when he knew or had reason to know that his close subordinates endeavoured to impede and frustrate lawful inquiries by duly constituted executive, judicial and legislative entities concerning the unlawful entry into the headquarters of the Democratic National Committee, and the cover-up thereof, and concerning other unlawful activities including those relating to the confirmation of Richard Kleindienst as Attorney General of the United States, the electronic surveillance of private citizens, the break-in into the offices of Dr. Lewis Fielding, and the campaign financing practices of the Committee to Re-elect the President.

5. In disregard of the rule of law, he knowingly misused the executive power by interfering with agencies of the executive branch, including the Federal Bureau of Investigation, the Criminal Division, and the Office of Watergate Special Prosecution Force, of the Department of Justice, and the Central Intelligence Agency, in violation of his duty to take care that the laws be faithfully executed.

In all of this, Richard M. Nixon 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 Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.

Adopted by the Committee on the Judiciary of the House of Representatives, July 29, 1974.

Article 3

In his conduct of the office of President of the United States, Richard M. Nixon, contrary to his 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 failed without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary of the House of Representatives on April 11, 1974, May 15, 1974, May 30, 1974, and June 24, 1974, and willfully disobeyed such subpoenas. The subpoenaed papers and things were deemed necessary by the Committee in order to resolve by direct evidence fundamental, factual questions relating to Presidential direction, knowledge or approval of actions demonstrated by other evidence to be substantial grounds for impeachment of the President. 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 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.

In all of this, Richard M. Nixon 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, Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.

Adopted by the Committee on the Judiciary of the House of Representatives, July 30, 1974.

[Ray76]

On May 9, 1972, Mr. Ryan submitted a resolution, H.R. Res. 975, to impeach President Nixon. The resolution was referred to the Judiciary Committee. 118 Cong. Rec. 16,350 (1972).

On May 10, 1972, Mr. Conyers introduced an impeachment resolution, H.R. Res. 976, against President Nixon. This resolution was also referred to the Judiciary Committee. Id. at 16,663.

On May 18, 1972, Mr. Conyers introduced his second resolution, H.R. Res. 989, calling for President Nixon's impeachment. The resolution was referred to the Judiciary Committee. Id. at 18,078.

On July 31, 1973, Mr. Drinan introduced an impeachment resolution, H.R. Res. 513. The resolution was referred to the Judiciary Committee. 119 Cong. Rec. 27,062 (1973).

On Oct. 23, 1973, following the Oct. 20 dismissal of Special Prosecutor Archibald Cox by President Richard M. Nixon, and the resignations of Attorney General Elliot Richardson and Assistant Attorney General William D. Ruckelshaus (the so called "Saturday Night Massacre"), numerous resolutions were offered by Members calling for impeachment, impeachment investigations, and the appointment of a special prosecutor. Speaker Carl Albert, of Oklahoma, referred these proposals either to the Committee on Rules or to the Committee on the Judiciary, depending upon the wording of each measure.

All of the resolutions directing the Committee on the Judiciary to investigate the President's conduct (H. Res. 644, H. Res. 645), or to investigate whether grounds for his impeachment existed (H. Res. 626, H. Res. 627, H. Res. 628, H. Res. 629, H. Res. 630, H. Res. 641, H. Res. 642), were referred by the Chair to the Committee on Rules, as were those measures calling for such inquiries by a select committee (H. Res. 637, H. Res. 646), or without designating a committee (H. Res. 636).

All of the resolutions directly calling for the impeachment (H. Res. 625, H. Res. 631, H. Res. 635, H. Res. 638, H. Res. 643, H. Res. 648, H. Res. 649), or censure (H. Con. Res. 365), of the President were referred by the Chair to the Committee on the Judiciary in view of that committee's long-standing historical jurisdiction over the subject matter. 119 Cong. Rec. 34,871-73 (1973)

On February 6, 1974, the House passed a resolution, H.R. Res. 803, giving the Judiciary Committee authority to investigate impeachment charges against President Nixon. 120 Cong. Rec. 2349-50, 2362-63 (1974).

on July 27, 29, and 30, 1974 the Committee on the Judiciary considered proposed articles of impeachment against President Nixon and adopted articles, as amended.

On August 9, 1974 the President resigned his office, submitting his written resignation to the office of the Secretary of State.

On August 20, 1974, Peter W. Rodino, Jr., of New Jersey, Chairman of the Committee on the Judiciary, submitted the committee report, H.R. Rep. No. 93-1305, to the House. The report recommended impeachment and included three articles for that purpose (1st. obstruction of justice, 2nd. abuse of power, and 3rd. contempt of Congress). 120 Cong. Rec. 29,219-361 (1974).

Speaker Carl Albert, of Oklahoma, ordered it referred to the House Calendar.

The House adopted without debate resolution, H. R. 1333, offered by Mr. Thomas P. O'Neill, Jr., of Massachusetts, under suspension of the rules, formally receiving the committee report and taking note of Nixon's resignation of April 9, 1974. Id. at 29,361-62.

        H. Res. 1333

        Resolved, That the House of Representatives
        (1) takes notice that
        (a) the House of Representatives, by House Resolution 803, 
    approved February 6, 1974, authorized and directed the Committee on 
    the Judiciary to investigate fully and completely whether 
    sufficient grounds existed for the House of Representatives to 
    exercise its constitutional power to impeach Richard M. Nixon, 
    President of the United States of America; and
        (b) the Committee on the Judiciary, after conducting a full and 
    complete investigation pursuant to House Resolution 803, voted on 
    July 27, 29, and 30, 1974 to recommend Articles of impeachment 
    against Richard M. Nixon, President of the United States of 
    America; and
        (c) Richard M. Nixon on August 9, 1974 resigned the Office of 
    President of the United States of America;

        (2) accepts the report submitted by the Committee on the 
    Judiciary pursuant to House Resolution 803 (H. Rept. 93-1305) and 
    authorizes and directs that the said report, together with 
    supplemental, additional, separate, dissenting, minority, 
    individual and concurring views, be printed in full in the 
    Congressional Record and as a House Document; and
        (3) commends the chairman and other members of the Committee on 
    the Judiciary for their conscientious and capable efforts in 
    carrying out the Committee's responsibilities under House 
    Resolution 803.

No further action was taken on the proposed impeachment of the President.

Additional sources:

Deschler's Precedents, Vol 3, Chap 14, Sec. 2.1
http://www.gpo.gov/fdsys/pkg/GPO-HPREC-DESCHLERS-V3/html/GPO-HPREC-DESCHLERS-V3-5-2-2.htm

Deschler's Precedents, Vol 3, Chap 14, Sec. 7.7
http://www.gpo.gov/fdsys/pkg/GPO-HPREC-DESCHLERS-V3/html/GPO-HPREC-DESCHLERS-V3-5-3-3.htm

Deschler's Precedents, Vol 4, Chap 17, Sec. 53.9
http://www.gpo.gov/fdsys/pkg/GPO-HPREC-DESCHLERS-V4/html/GPO-HPREC-DESCHLERS-V4-3-5-16.htm

[Ray76]

There are two important differences between Nixon and Obama. First, Obama’s offenses are far more numerous and severe. Second, the House of Representatives had the will to exercise their power. This second difference makes all the difference.

[Steely Tom]

We shot the impeachment wad on slick willy.

[Rebelbase]

What Nixon did is the equivalent of a parking ticket compared to the treasonous deeds of Obama.

[gwgn02]

I guess we just throw our hands up and wait for total transformation right? :/

[Cyman]

I predict Articles of Impeachment will be filed within 30 days after the new Congress takes their oath of office.

[Steely Tom]

I predict Articles of Impeachment will be filed within 30 days after the new Congress takes their oath of office.

Not enough of the public is behind it. The media and other big institutions are totally against it, as are the billionaires.

[MeshugeMikey]

From Your Lips to God’s Ear!!!

[Ray76]

There’s no comparison.

Clinton was spun as “a personal issue”.

Obama’s acts are public, are lawlessness, are treasonous.

[Ray76]

We outnumber the media and billionaires.

We must make the case. We must increase public support.

If we do nothing then we are giving our approval. Approval which I think none of us gives. If we are discouraged and turned from beginning the task it will never get done. Which, in the end, is the same as approval.

[Jim from C-Town]

And had we had ANYONE with a modicum of ability to speak in the Senate he would have been removed from office.

It is ridiculous to claim that the Impeachment of Billy BJ Clinton hurt the Republicans in the next election. They maintained the House. The Split the Senate and they took the White house AFTER they impeached the immoral lying POS Clinton.

It wasn’t until their own base became PISSED at their pig at the trough spend thrift ways that they lost their advantage in the House. It also took over six years of uncontested bashing by the MSM to turn the country against George Bush.

[sten]

there can be only one... law breaker. everyone else gets a free pass.

right?

I’ll try to remember that the next time a cop pulls me over

“but officer, you’ve already given out a ticket this year...”

[windsorknot]

The Constitution provides a remedy for dealing with a lawless President like Barack 0bama, but the House and Senate don’t have the moral integrity or courage to use it.