Impeachment Hearings: House Judiciary Committee, May 9, 1974
Impeachment Hearings: House Judiciary Committee, May 9, 1974
[00.10.30] [Showing how the hearings have come to be a MEDIA CIRCUS, the Chairman is instructed to time his gavelling to work with the cameras for photo and TV shots--RODINO does not seem amused] [Chairman RODINO gavels hearing to order] The CHAIRMAN, The meeting will come to order. Three months ago the House of Representatives considered H. Res. 803. The resolution read as follows: Resolved, That the Committee on the Judiciary, acting as a whole or by any subcommittee thereof appointed by the chairman for the purposes hereof & in accordance with the rules of the committee is authorized & directed to investigate fully & completely whether sufficient grounds exist for the House of Representatives to exercise its constitutional power to impeach Richard M. Nixon. The committee shall report to the House of Representatives such resolutions, articles of impeachment, or other recommendations as it deems proper. The House adopted that resolution by a vote of 410 to 4. We are proceeding under the mandate of that resolution. I do not need to stress again the importance of our undertaking and the wisdom, decency, and principle which we must bring to it. We understand our high constitutional responsibility. We will faithfully live up to it. For some time we have known that the real security of this Nation lies in the integrity of its institutions & the trust & informed confidence of its people. We conduct our deliberations in that spirit. We shall begin our hearings by considering materials relevant to the question of Presidential responsibility for the Watergate break-in & its investigation by law enforcement agencies. This is one of six areas of our inquiry. We expect to continue our inquiry until each area has been thoroughly examined. First, we will consider detailed information assembled by the staff. This consists of information Mready on the public record, information developed in executive session by other congressional committees information furnished by the Federal grand jury of DC & other information. After today the committee will meet regularly, 3 days a week, for all-day sessions beginning next Tuesday at, 9:30 a.m. The chairman will, as circumstances dictate be ready to notice such business meetings as may be necessary. During the initial presentation, special counsel and minority counsel will explain & summarize the materials. Our proceedings are governed by the rules of confidentiality that the committee adopted on Feb 22, and the rules of procedure adopted May 2. The committee has the power to modify or change these rules during, the course of the hearings. Some of the, materials which the committee will consider have been held confidential by the staff, by Mr. Hutchinson, and myself. This material includes tape recordings of conversations among President Nixon and his key associates. We will listen to these recordings during these hearings. After the Judiciary Committee has had the opportunity to consider this material it will decide if and when, in the national interest, this material should be made public. The Judiciary Comnnttee. has determined that, President Nixon should be accorded the opportunity to have his counsel present throughout the proceedings. Mr. James St. Chair is present today. After the initial proceedings are completed, Mr. St. Clair will be afforded the opportunity to respond to the presentation, orally or in writing, as determined by the committee. He & his Asst understand the committee's rules of procedure & the committee's rules of confidentiality, & they are bound by those rules. Our proceedings be conducted under the Rules of Cie House of Representatives. Technical rules of evidence do not apply. We are governed by the Constitution Which vests be sole power of impeachment in the House. A brief report of the day's proceedings will be issued at the end of each day's hearings. I recognize the gentleman from Michigan, Mr. Hutchinson.
Impeachment Hearings: House Judiciary Committee, May 9, 1974
HUTCHINSON. Thank you, Mr. Chairman. Today the committee starts consideration. of the most awesome power constitutionally vested in the House of Representatives. During the past four months this committee's Impeachment inquiry staff has been assembling information under the committee's direction and counsel Will now Present to the Committee the information assembled. The power of impeachment is one, of those great checks and balances written in our Constitution to ameliorate the stark doctrine, of separation of powers. But impeachment of a President is most drastic, for it can bring down in administration of the Government. The Constitution itself limits the scope e of impeachment of a President to treason, bribery, or other high crimes and misdemeanors. A law dictionary published in London in 1776 defines Impeachment as--The accusation and prosecution of a person for treason or other crimes and misdemeanors. Any Member of the House of Commons may not only impeach any of their own body but also any Lord or Parliament. And thereupon Articles are exhibited on behalf of the Commons, and managers appointed to make good their charge and accusation; which being, done in the proper judicature, sentence is passed. And it is observed that the same evidence is required in an impeachment in Parliament as in the Ordinary courts of justice. That definition of the term fairly exhibits, I believe, the understanding and meaning of the founders of this Republic when they wrote into our own Constitution the sole power of this House impeach the President. The standard it imposes is a finding Of criminal culpability on the part of the President himself measured according to the law. I trust that' the members of this committee embark upon their awesome task each in his own resolve to lay aside ordinary political considerations and to weigh the evidence according to the law. I trust that each of us is resolved during this inquiry, schooled, skilled, and practiced in the law as each of us is, to perform as a lawyer in the finest traditions of the profession. And in the view of the enormity of the responsibility cast upon us, I trust that in the days and weeks ahead each of us will according to the dictates of his own conscience, Seek the guidance of that Divine Providence which can be with us all and be everywhere for good, and which has so blessed this Nation and its people throughout our history.
Impeachment Hearings: House Judiciary Committee, May 9, 1974
The CHAIRMAN. I recognize the gentleman from Massachusetts, Mr. Donohue. Mr. DONOHUE. Chairman. as understand it. the impeachment inquiry staff has received a wide variety of material which has, up until now, been subject to the requirements of confidentiality. Included in this class of confidential material are. documents 'which have been received from grand juries as well as materials developed by other congressional committees in executive sessions. Under the circumstances Mr. Chairman. it is my opinion we should not make, all this material public today. Therefore, I' move that during initial phase of the presentation the committee go into executive session pursuant to rule 11, clause 27 of our House rules. That rule provides that If evidence or testimony at an investigative hearing may tend to defame, degrade, or incriminate any person the committee shall receive such evidence, or testimony in executive session. Mr. McCLORY. I second the motion. The CHAIRMAN. The motion has been made and seconded. Mr. CONYERS. May I be recognized, Mr. Chairman? [CHAIRMAN RODINO attempting none too subtly to jackboot the motion into a vote without debate] The CHAIRMAN. The motion, I might advise the gentleman from Michigan, is not a debatable motion. Mr. CONYERS. This motion--well, point, of order-, Mr. Chairman. The CHAIRMAN. The question is on the Motion Mr. CONYERS. Mr. Chairman, point of order. The CHAIRMAN. Since, the question is not one that is debatable, the Chair will put the question to the committee. All those in favor --- Mr. CONYERS. Mr. Chairman, point of order. Mr. Chairman. The CHAIRMAN. The gentleman will state his point of order. Mr. CONYERS. Is the Chair suggesting that a motion of this importance and magnitude, with no more than being stated and seconded, cannot be considered by the members of this committee gathered here for the purposes of an impeachment hearing? CHAIRMAN. Is the gentleman stating a point of order? Mr. CONYERS. Yes. The CHAIRMAN. Or is he inquiring of the Chair? The Chair has Mready ruled that the motion is not a debatable one in accordance. with the rules of the House, rule 11, 27m, and therefore, unless the gentleMan is ready to state. that he has an argument to support, his point of order, the, Chair is ready to present the, question on the motion. [00.22.14]