House Judiciary Committee Report: President Can Be Impeached for ‘Motives’ Without Breaking Law

Rather than directly target President Johnson’s faithless execution of the laws, and his illegitimate motives in wielding power, the House resorted to charges based on the Tenure of Office Act. But in reality, “the shaky claims prosecuted by [the House] obscured a far more compelling basis for removal: that Johnson’s virulent use of executive power to sabotage Reconstruction posed a mortal threat to the nation—and to civil and political rights—as reconstituted after the Civil War … [T]he country was in the throes of a second founding. Yet Johnson abused the powers of his office and violated the Constitution to preserve institutions and practices that had nearly killed the Union. He could not be allowed to salt the earth as the Republic made itself anew.” Viewed from that perspective, the case for impeaching President Johnson rested on his use of power with illegitimate motives.

7. The report bends over backwards to justify impeachment without any crime being committed. The report spends a great deal of space arguing that a president does not have to commit an actual crime to be impeached — a claim hotly debated among scholars. It notes that previous impeachments have included charges of “non-criminal” acts, but ignores the fact that no presidential impeachment has ever proceeded without any criminal acts alleged.

8. After saying crimes are not necessary, the report cites the criminal grand jury process. Immediately after arguing that impeachment is not a criminal process (see above), the report cites the criminal grand jury, in which the accused has few legal rights or protections, in an attempt to justify the House’s bizarre impeachment process, in which President Trump — unlike Presidents Richard Nixon and Bill Clinton — has been denied basic legal rights.

9. The report claims that Trump has more rights than Nixon and Clinton did. That false claim ignores the fact that unlike his predecessors, Trump has not been allowed legal representation in the key fact-finding stage of the process, which Democrats — for the first time — moved to the secretive Intelligence Committee. Moreover, it ignores that Republicans have been denied the ability to object to witnesses called by the Democrat majority.

10. The report claims that hearsay evidence is sufficient to impeach the president. After noting that the usual rules of evidence do not apply in the House, the report ignores that the only witnesses with direct knowledge of the president’s intentions testified that there was no “quid pro quo” regarding aid to Ukraine. One, Gordon Sondland, said he believed Trump wanted a “quid pro quo” for a White House meeting but had no direct knowledge to show it.