Given the political climate in which we've lived for the past few weeks, I think it instructive to examine the process of impeachment more closely. I'll start that examination today, with an edited (by me) copy of the three articles of impeachment issued by the House Judiciary Committee against Richard Nixon in 1974.
The edits shouldn't be considered analogs of redactions. My goal in introducing a number of elipses wasn't to mask any information that might seem to support Donald Trump. Rather, I'm simply trying to pare down the legal-speak without distorting underlying meaning. Note also that the italics and bold you'll see below were present in the original.
One more thought. We'll almost certainly, and probably within the next few weeks, see such an indictment of Donald Trump; there's an eerie similarity between what Nixon was charged with, (abuse of power in Article 1r, obstructing justice in Article 2, and contempt of Congress in Article 3) and what we've all seen Trump carry out.
Articles of Impeachment adopted by the House Judiciary Committee on July 27, 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 I
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;
...
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.
ARTICLE II
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.
...
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
...
ARTICLE III
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.
Article I was approved by a vote of 27-11. Article II was approved by a vote of 28-10.
Article III was approved by a vote of 21-17.
