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Revision as of 18:42, 24 December 2019 by WhoAteMyButter (talk | contribs) (He specifically talks about the CrowdStrike one. https://www.whitehouse.gov/wp-content/uploads/2019/09/Unclassified09.2019.pdf, page 3.)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff) 2019 United States presidential impeachment
First impeachment of Donald Trump | |
---|---|
Members of House of Representatives vote on two articles of impeachment (H. Res. 755) | |
Accused | Donald Trump (President of the United States) |
Proponents |
|
Date | December 18, 2019 |
Charges | Abuse of power, obstruction of Congress |
Cause | Allegations that Trump sought help from Ukrainian authorities to influence the 2020 U.S. presidential election |
Congressional votes | |
Article I vote | |
Accusation | Abuse of power |
Votes in favor | 230 |
Votes against | 197 |
Result | Approved |
Article II vote | |
Accusation | Obstruction of Congress |
Votes in favor | 229 |
Votes against | 198 |
Result | Approved |
The impeachment of Donald Trump, the 45th president of the United States, occurred on December 18, 2019, when the House of Representatives approved articles of impeachment on charges of abuse of power and obstruction of Congress. The president's impeachment came after a formal House inquiry found that he had solicited foreign interference in the 2020 U.S. presidential election to help his re-election bid, and then obstructed the inquiry itself by telling his administration officials to ignore subpoenas for documents and testimony. The inquiry reported that Trump withheld military aid and an invitation to the White House to Ukrainian President Volodymyr Zelensky in order to influence Ukraine to announce an investigation of Trump's political rival, Joe Biden, and to promote a discredited CrowdStrike conspiracy theory that Ukraine, not Russia, was behind interference in the 2016 presidential election.
The inquiry stage of Trump's impeachment lasted from September to November 2019, in the wake of an August 2019 whistleblower complaint alleging Trump's abuse of power. In October, three congressional committees (Intelligence, Oversight, and Foreign Affairs) deposed witnesses. In November, the House Intelligence Committee held a number of public hearings in which witnesses testified publicly; on December 3, the committee voted 13–9 along party lines to adopt a final report. A set of impeachment hearings before the House Judiciary Committee began on December 4; on December 13, it voted 23–17 along party lines to recommend two articles of impeachment, for abuse of power and obstruction of Congress. The committee released a lengthy report on the impeachment articles on December 16. Two days later, the full House approved both articles in a near-party-line vote, making Trump the third U.S. president in history to be impeached. The articles must be submitted to the Senate to initiate the trial, which is expected to begin as early as January 2020.
Background
Donald Trump is the third U.S. president to face a Senate impeachment trial, after Andrew Johnson in 1868 and Bill Clinton in 1999. (Richard Nixon resigned before an impeachment vote was made in the House.) Before Trump, Johnson was the only president to be impeached in his first term. Johnson sought re-election, but failed to gain the nomination of his party, and that election was won by Ulysses Grant from the opposing party. Nixon resigned after the House Judiciary Committee voted to adopt three articles of impeachment against him, but he resigned prior to the full House vote to impeach him. Nixon was pardoned for his crimes by his former Vice President Gerald Ford, after he took over as the new president. For Clinton's crimes, he was disbarred from practicing law. For Johnson and Clinton, both cases went to Senate trial, where the Senate voted to acquit.
Congress's first efforts to impeach Trump were initiated by Democratic representatives Al Green and Brad Sherman in 2017. In December 2017, an impeachment resolution failed in the House with a 58–364 vote margin. Following the 2018 elections, the Democrats gained a majority in the House and launched multiple investigations into Trump's actions and finances. Speaker of the House Nancy Pelosi initially resisted calls for impeachment. In May 2019, however, she indicated that Trump's continued actions, which she characterized as obstruction of justice and refusal to honor congressional subpoenas, might make an impeachment inquiry necessary.
Investigations into various scandals in the Trump administration, which might lead to articles of impeachment, were initiated by various congressional committees and began in February 2019. A formal impeachment investigation began in July 2019, and several subpoenas were issued; while most were honored, several were not, and these led to several lawsuits, including In re: Don McGahn.
Trump–Ukraine scandal
See also: Conspiracy theories related to the Trump–Ukraine scandal Whistleblower complaint dated August 12, 2019, regarding a July 25 phone conversation between Trump and ZelenskyMemorandum of the call between Trump and Zelensky released by the White House on September 25, 2019The Trump–Ukraine scandal revolves around alleged efforts by U.S. president Donald Trump to illegally coerce Ukraine and other foreign countries into providing damaging narratives about 2020 Democratic Party presidential primary candidate Joe Biden as well as information relating to Russian interference in the 2016 United States elections. Trump allegedly enlisted surrogates within and outside his official administration, including his personal lawyer Rudy Giuliani and Attorney General William Barr, to pressure Ukraine and other foreign governments to cooperate in investigating conspiracy theories concerning American politics. Trump blocked but later released payment of a congressionally mandated $400 million military aid package to allegedly obtain quid pro quo cooperation from Volodymyr Zelensky, the president of Ukraine. A number of contacts were established between the White House and the government of Ukraine, culminating in a July 25, 2019, phone call between Trump and Zelensky.
The scandal reached public attention in mid-September 2019 due to a whistleblower complaint made in August 2019. The complaint raised concerns about Trump using presidential powers to solicit foreign electoral intervention in the 2020 U.S. presidential election. The Trump White House has corroborated several allegations raised by the whistleblower. A non-verbatim transcript of the Trump–Zelensky call confirmed that Trump requested investigations into Joe Biden and his son Hunter, as well as a conspiracy theory involving a Democratic National Committee server, while repeatedly urging Zelensky to work with Giuliani and Barr on these matters. The White House also confirmed that a record of the call had been stored in a highly restricted system. White House acting chief of staff Mick Mulvaney said one reason why Trump withheld military aid to Ukraine was Ukrainian "corruption related to the DNC server", referring to a debunked theory that Ukrainians framed Russia for hacking into the DNC computer system. After the impeachment inquiry began, Trump publicly urged Ukraine and China to investigate the Bidens. The Trump administration's top diplomat to Ukraine, Bill Taylor, testified that he was told U.S. military aid to Ukraine and a Trump–Zelensky White House meeting were conditioned on Zelensky publicly announcing investigations into the Bidens and alleged Ukrainian interference in the 2016 U.S. elections. United States Ambassador to the European Union Gordon Sondland testified that he worked with Giuliani at Trump's "express direction" to arrange a quid pro quo with the Ukraine government.
Inquiry
Main article: Impeachment inquiry against Donald TrumpOn the evening of September 24, 2019, Pelosi announced that six committees of the House of Representatives would begin a formal impeachment inquiry into President Trump. Pelosi accused Trump of betraying his oath of office, U.S. national security, and the integrity of the country's elections. The six committees charged with the task are those on Financial Services, the Judiciary, Intelligence, Foreign Affairs, Oversight and Reform, and Ways and Means.
In October 2019, three congressional committees (Intelligence, Oversight, and Foreign Affairs) deposed witnesses including Ambassador Taylor, Laura Cooper (the deputy assistant secretary of defense for Russian, Ukrainian and Eurasian affairs), and former White House official Fiona Hill. Witnesses testified that they believed that President Trump wanted Zelensky to publicly announce investigations into the Bidens and Burisma (a Ukrainian natural gas company on whose board Hunter Biden had served) and 2016 election interference. On October 8, in a letter from White House Counsel Pat Cipollone to House speaker Pelosi, the White House officially responded that it would not cooperate with the investigation due to concerns including that there had not yet been a vote of the full House and that interviews of witnesses were being conducted behind closed doors. On October 17, Mulvaney said, in response to a reporter's allegation of quid pro quo: "We do that all the time with foreign policy. Get over it." He walked back his comments later in the day, asserting that there had been "absolutely no quid pro quo" and that Trump had withheld military aid to Ukraine over concerns of the country's corruption.
On October 29, 2019, Representative Jim McGovern (D-Massachusetts) introduced a resolution, referred to House Rules Committee, which set forth the "format of open hearings in the House Intelligence Committee, including staff-led questioning of witnesses, and the public release of deposition transcripts". In November 2019, the House Intelligence Committee held a number of public hearings in which witnesses testified publicly. On November 13, Taylor and Kent testified publicly. Ambassador Marie Yovanovitch testified before the committee on November 15, 2019. Lieutenant Colonel Alexander Vindman, the National Security Council's head of European Affairs, and Jennifer Williams, Vice President Mike Pence's chief European security adviser, testified together on the morning of November 19, 2019. Later the same day, Kurt Volker, the former U.S. special representative for Ukraine, and Tim Morrison, the former national security presidential adviser on Europe and Russia, gave public testimony before the House Intelligence Committee.
On November 20, 2019, Ambassador Sondland testified that he conducted his work with Giuliani at the "express direction of the president", and that he understood a potential White House invitation for Zelensky to be contingent on Ukraine announcing investigations into the 2016 elections and Burisma. Later the same day, Cooper and David Hale, who serves as the under secretary of state for Political Affairs, testified jointly before the committee. On November 21, 2019, Fiona Hill—who until August 2019 was the top Russia expert on the National Security Council—criticized Republicans for promulgating the "fictional narrative" that Ukraine rather than Russia interfered in the 2016 election, asserting that the theory was planted by Russia and played into its hands. Testifying alongside Hill was the current head of political affairs in the U.S. Embassy in Ukraine, David Holmes.
On December 3, the House Intelligence Committee voted 13–9 along party lines to adopt a final report and also send it to the House Judiciary Committee. The report's preface states:
he impeachment inquiry has found that President Trump, personally and acting through agents within and outside of the U.S. government, solicited the interference of a foreign government, Ukraine, to benefit his reelection. In furtherance of this scheme, President Trump conditioned official acts on a public announcement by the new Ukrainian President, Volodymyr Zelensky, of politically-motivated investigations, including one into President Trump's domestic political opponent. In pressuring President Zelensky to carry out his demand, President Trump withheld a White House meeting desperately sought by the Ukrainian President, and critical U.S. military assistance to fight Russian aggression in eastern Ukraine.
The Republicans of the House committees had released a countering report the previous day, saying in part that the evidence does not support accusations. "The evidence presented does not prove any of these Democrat allegations, and none of the Democrats' witnesses testified to having evidence of bribery, extortion, or any high crime or misdemeanor," said the draft report. This report also painted the push to impeachment as solely politically motivated. "The Democrats are trying to impeach a duly elected President based on the accusations and assumptions of unelected bureaucrats who disagreed with President Trump's policy initiatives and processes," the report's executive summary states. During the inquiry, the Trump administration's public arguments were limited to assertions the president had done nothing wrong and the process was unfair.
Impeachment
Judiciary Committee hearings
On December 5, Speaker Pelosi authorized the Judiciary Committee to begin drafting articles of impeachment.
A set of impeachment hearings was brought before the Judiciary Committee, with Trump and his lawyers being invited to attend. The administration declined, as the president was scheduled to attend a NATO summit in London. In a second letter on December 6, Cipollone again said the White House will not offer a defense or otherwise participate in the impeachment inquiry, writing to chairman Nadler, "As you know, your impeachment inquiry is completely baseless and has violated basic principles of due process and fundamental fairness." Nadler responded in a statement, "We gave President Trump a fair opportunity to question witnesses and present his own to address the overwhelming evidence before us. After listening to him complain about the impeachment process, we had hoped that he might accept our invitation."
The first hearing, held on December 4, 2019, was an academic discussion on the definition of an impeachable offense. The witnesses invited by Democrats were law professors Noah Feldman from Harvard, Pamela S. Karlan from Stanford, and Michael Gerhardt from the University of North Carolina. Republicans invited Jonathan Turley, a constitutional scholar at George Washington University; Turley, who had testified in favor of the impeachment of President Bill Clinton in 1999, testified against impeaching Trump, citing a lack of evidence. It was observed that he contradicted his own opinion on impeachment from when Clinton was on trial.
Potential articles of impeachment outlined during the hearing include: abuse of power for arranging a quid pro quo with the president of Ukraine, obstruction of Congress for hindering the House's investigation, and obstruction of justice for attempting to dismiss Robert Mueller during his investigation of Russian interference in the 2016 election. On December 5, Pelosi requested the House Judiciary Committee draft articles of impeachment. After the vote, Pelosi said that while this was "a great day for the Constitution" it was "a sad day for America". She also said, "I could not be prouder or more inspired by the moral courage of the House Democrats. We never asked one of them how they were going to vote. We never whipped this vote."
Articles of impeachment
On the morning of December 10, 2019, Democrats on the House Judiciary Committee announced that they would levy two articles of impeachment, designated H. Res. 755: (1) abuse of power, and (2) obstruction of Congress, in its investigation of the President's conduct regarding Ukraine. Draft text of the articles was released later that day, as well as a report by the judiciary committee outlining the constitutional case for impeachment and asserting that "impeachment is part of democratic governance." The committee planned to vote on the articles on December 12, but abruptly postponed it to the next day after the 14-hour partisan debate on the final versions of the articles lasted until after 11:00 p.m. EST. On the morning of December 13, the Judiciary Committee voted along party lines to pass both articles of impeachment; both articles passed 23–17, with all Democrats present voting in support and all Republicans present voting in opposition. Democrat Ted Lieu was ill and not present to vote.
Article I: (Abuse of power) |
Article II: (Obstruction of Congress) | |||||||
---|---|---|---|---|---|---|---|---|
Aye/Yes | No | Aye/Yes | No | |||||
style="background-color:Template:Democratic Party (US)/meta/color" | | Democratic | 23 | 00 | style="background-color:Template:Democratic Party (US)/meta/color" | | Democratic | 23 | 00 | |
style="background-color:Template:Republican Party (US)/meta/color" | | Republican | 00 | 17 | style="background-color:Template:Republican Party (US)/meta/color" | | Republican | 00 | 17 | |
Total | 23 | 17 | Total | 23 | 17 | |||
Agreed to | Agreed to |
The House Judiciary Committee released a 658-page report on the articles of impeachment on December 16. It specifies criminal bribery and wire fraud charges as part of the abuse of power article.
The articles were forwarded to the full House for debate and a vote on whether to impeach the president on December 18.
House vote
Speaker Nancy Pelosi announces the vote count on Article I and II of House Resolution 755Article I, Section 2, Clause 5 of the U.S. Constitution states that "The House of Representatives ... shall have the sole Power of Impeachment."
The House Rules Committee held a hearing to write the rules governing the debate over impeachment on December 17. The first of three votes was on the rules governing debate: 228 to 197, with all Republicans and two Democrats voting no. This was followed by six hours of debate. One of the highlights of this contentious event was Barry Loudermilk (R-Georgia) comparing the impeachment inquiry of President Trump to the trial of Jesus Christ, saying that the Christian savior was treated far better by the authorities.
The formal impeachment vote in the House of Representatives took place on December 18, 2019. Shortly after 8:30 pm EST, both articles of impeachment passed. The votes for the charge of abuse of power were 230 in favor, 197 against, and 1 present: House Democrats all voted in support except Collin Peterson (Minnesota) and Jeff Van Drew (New Jersey), who voted against, and Tulsi Gabbard (Hawaii), who voted "present"; all House Republicans voted against, although former-Republican-turned-Independent Justin Amash (Michigan) voted in support of both articles. The votes for the charge of obstruction of Congress were 229 in favor, 198 against, and 1 present: all Democrats voted in support except Peterson, Van Drew, and Jared Golden (Maine), who voted against; and Gabbard, who again voted "present".
Three soon-to-be-retiring representatives did not vote: Duncan D. Hunter (R-California), who was banned from voting under the House's rules after pleading guilty to illegally using campaign funds; José E. Serrano (D-New York), who had a health setback after being diagnosed with Parkinson's disease earlier in the year; and John Shimkus (R-Illinois), who was visiting his son in Tanzania.
Article I (Abuse of power) |
Article II (Obstruction of Congress) | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
Yea | Nay | Present | Yea | Nay | Present | |||||
style="background-color:Template:Democratic Party (US)/meta/color" | | Democratic | 229 | 00Collin Peterson and Jeff Van Drew | 001 | style="background-color:Template:Democratic Party (US)/meta/color" | | Democratic | 228 | 00Collin Peterson, Jeff Van Drew, and Jared Golden | 001 | |
style="background-color:Template:Republican Party (US)/meta/color" | | Republican | 000 | 195 | 000 | style="background-color:Template:Republican Party (US)/meta/color" | | Republican | 000 | 195 | 000 | |
Independent | 001 | 000 | 000 | Independent | 001 | 000 | 000 | |||
Total | 230 | 197 | 001 | Total | 229 | 198 | 001 | |||
Adopted | Adopted |
Trial
Article I, Section 3, Clause 6 of the U.S. Constitution states that "The Senate shall have the sole Power to try all Impeachments." Under this clause, a two-thirds majority of present members is required to convict the president. For this trial, the Senate President pro tempore swears in the chamber's presiding officer, the Chief Justice of the United States, who will then swear in all senators who will act as jurors. Each are required by Rule XXV to take the following oath:
I do solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of the impeachment of Donald John Trump, President of the United States, now pending, I will do impartial justice according to the Constitution and laws; .
Preparation in the Senate
While the impeachment inquiry was underway, Senate Majority Leader Mitch McConnell planned a possible trial. On October 8, 2019, he led a meeting on the subject, giving a PowerPoint presentation laying out how he expected it to go and what he expected of his caucus. As the articles of impeachment moved to a vote before the full House and referral to the Senate for trial, McConnell met with White House counsel Pat Cipollone and legislative affairs director Eric Ueland, later stating, "Everything I do during this I'm coordinating with the White House counsel. There will be no difference between the president's position and our position as to how to handle this." He acknowledged that he had yet to meet Senate Minority Leader Charles Schumer to discuss how the impeachment trial would be run. Later that day, McConnell declared that for the impeachment trial, he would be in "total coordination with the White House counsel's office" and Trump's representatives, saying, "I'm going to take my cues from the president's lawyers." McConnell added that the coordination would also pertain to whether witnesses would be allowed to testify.
Prior to the House impeachment vote, both McConnell and Judiciary Committee chairman Lindsey Graham stated their intentions not to be impartial jurors as required by the Constitution. On December 14, McConnell told Sean Hannity on Fox News that there was "no chance" that the Senate would convict Trump, expressing his hope that all Senate Republicans would acquit the president of both articles. On December 15, Chuck Schumer, in a letter to McConnell, called for Mulvaney, Robert Blair, John Bolton and Michael Duffey to testify in the expected Senate trial, and suggested that pre-trial proceedings take place on January 6, 2020. Two days later, McConnell rejected the call for witnesses to testify, saying that the Senate's role is to act as "judge and jury", not to investigate. Schumer quickly replied, citing bipartisan public support for the testimony of witnesses who could fill in gaps caused by Trump's having preventing his staff from testifying in the House investigation.
On the day of the impeachment, Pelosi declined to commit on when the impeachment resolution would be transmitted to the Senate, stating, "So far we haven't seen anything that looks fair to us." The following morning, McConnell opened the Senate session with a half-hour-long speech denouncing the impeachment, calling it "the most rushed, least thorough, and most unfair in modern history". Schumer responded by saying that he "did not hear a single sentence, a single argument as to why the witnesses I suggested should not give testimony". The entire legislative branch adjourned for winter break later that day without taking action to schedule the Senate trial. The articles must be submitted to the Senate to initiate the trial, which may begin as early as January 2020. House managers may be appointed in the meantime.
Response
The day after Trump's impeachment, the evangelical magazine Christianity Today published an editorial calling for his removal from office, stating that the president "attempted to use his political power to coerce a foreign leader to harass and discredit one of the president's political opponents. That is not only a violation of the Constitution; more importantly, it is profoundly immoral."
On December 21, conservative Bill Kristol and a group calling itself "Republicans for the Rule of Law" released an ad encouraging viewers to call their senators to demand top Trump officials be forced to testify in his impeachment trial.
Trump has questioned the validity of the impeachment, citing Noah Feldman, who argues that the impeachment has technically not taken place until the articles are handed to the Senate.
Public opinion
See also: Impeachment inquiry against Donald Trump § Public opinionAs of mid-December 2019, Americans remained sharply divided on whether Trump should be removed from office. A USA Today/Suffolk University poll conducted on December 10–14, 2019, found that 45% of respondents supported the impeachment and removal of Trump from office, while 51% opposed it. A CNN poll conducted on December 12–15 also found 45% supported impeachment, compared to 48% who opposed the idea. A Gallup poll released on the day of Trump's impeachment found that Trump's approval rating increased by 6 points during the impeachment process, while support for the impeachment fell. In October 2019, a poll showed that 99% of white evangelical Protestant Republicans opposed Trump's impeachment and removal from office.
Date(s) administered | Poll source | Sample size | Margin of error | Support | Oppose | Undecided |
---|---|---|---|---|---|---|
Dec 4–6 | YouGov/Yahoo! News | 1500 | ± 2.8% | 47% | 39% | 16% |
Dec 4–8 | Monmouth University | 903 | ± 3.3% | 45% | 50% | 5% |
Dec 8–11 | Fox News | 1000 | ± 3% | 50% | 41% | 5% |
Dec 9–11 | NPR / PBS NewsHour / Marist | 1508 | ± 3.5% | 46% | 49% | 5% |
Dec 10–14 | USA Today / Suffolk | 1000 | ± 3% | 45% | 50% | 5% |
Dec 11–15 | Quinnipiac University | 1390 | ± 4.1% | 45% | 51% | 4% |
Dec 12–15 | CNN / SSRS | 888 | ± 3.7% | 45% | 48% | 9% |
Dec 18 | Donald Trump is impeached by the House of Representatives | |||||
Dec 19–20 | Politico/Morning Consult | 1387 RV | ± 3.0% | 51% | 42% | 6% |
Notes
- Trump has questioned the validity of the impeachment, citing lawyer Noah Feldman, who argues that the impeachment will not technically take place until the articles are handed to the Senate.
- Intended to help Ukraine in its war against Russian-backed separatist forces in Donbass
- McConnell said, "I'm not an impartial juror. This is a political process. There is not anything judicial about it. Impeachment is a political decision."
- Graham said, "I am trying to give a pretty clear signal I have made up my mind. I'm not trying to pretend to be a fair juror here ... I will do everything I can to make die quickly."
- ^ These polls are color-coded relative to the margin of error (×2 for spread). If the poll is within the doubled margin of error, both colors are used. If the margin of error is, for example, 2.5, then the spread would be 5, so a 50% support / 45% oppose would be tied.
References
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{{cite news}}
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{{cite news}}
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External links
- How each member of the House voted on impeachment — via CNN
- House impeaches President Trump – live-stream archive via C-SPAN
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