Impeachment Hearings: House Judiciary Committee, July 26, 1974 (1/2)
Impeachment Hearings: House Judiciary Committee, July 26, 1974 (1/2)
[00.16.39] Mr. WALDIE. Mr. Chairman, I seek recognition On my Own part. The CHAIRMAN The Chair- will have to recognize the, gentleman on the other side first. I recognize the gentleman from Wisconsin, Mr.' Froehlich. for 5 minutes. Mr. FROEHLICH. Thank you, Mr. Chairman. When Lott had the floor he. asked a very important question. I would like You, Mr. Chairman, to reply or the staff to reply. Who is going to write the committee report that will go to the floor that will show the members of the House specifically what is behind each individual paragraph in this article of impeachment? Is the staff going to write that ? Does I he committee have any right to review, to approve that report as a ("1-0111) or is it, going to be written outside, of our view and without our knowledge? The CHAIRMAN. The gentleman is advised that any report, is a committee report find that the report -would then, of course. if any individual member wanted to exercise individual views, additional views or views other than the views of the majority of the committee, could-, so do. But the report, however, would be a' report prepared by the committee and the report of the committee circulated to each of the members and, of course. all of us would have to recognize that as has been done, as will be done, that the assistance of staff is always employed but nonetheless the work is the work of the committee and unless, that committee report, is authorized by majority of the committee it does not become a report of the committee Mr. FROEHLICH. Thank you, Mr. Chairman. Mr. Jenner. when you indicated that some time, prior to trial in the Senate a demand could be made by the attorney for the President for something, akin to a bill of particulars, what point in time were you I referring to? Mr. JENNER. I think I was responding to Congressman Hogan's question as to whether the President's counsel could wait. until just before the Chief Justice opened the trial and then move with respect to the he articles of impeachment. I don't wish to compromise Mr. Hogan but I think that was the question he asked. Mr. FROEHLICH. I don't want that answer, Mr. Jenner. I want the answer as to what point in time would it be proper for the President's attorney to demand in behalf of the President a bill of particulars as to this impeachment. Mr. JENNER. Subject to rules adopted by the Senate, he can do so time after the Bill of Impeachment is lodged with the U.S. Senate. However, he must do so at a reasonable time before trial. Mr. FROEHLICH. And where is the bill of particulars? Mr. JENNER. The House of Representatives, that is, the managers for the House of Representatives. Mr. FROEHLICH. Would you say that this could be an unconstitutional delegation of the sole power of impeachment to a small group of individuals in behalf of the House of Representatives as a whole since the power of impeachment as you so eloquently have stated time and time again rests solely in the House of Representatives. Mr. JENNER. think. Mr. FROEHLICH. Solely Mr. Excuse me. Mr. FROEHLICH. Solely in the House of Representatives. Mr. JENNER. Congressman Froehlich I think not because a bill of particulars is but a pleading. It goes only to the scope and specifies particulars the proof and not to the article of impeachment. As to the time the respondent must request a bill of particulars, that will be fixed by rules to be adopted by the Senate. None of this goes to fundamentals. It is only practice, pleading and procedure. No delegation of power is involved. Mr. FROEHLICH. Mr. Chairman, members of the committee, I have just paged through the October 1973 publication of this committee on Impeachment and I am looking at the article for Senator Blount in 1798 and I am looking right at the article for impeachment of Judge James H. Peck and I looking at the article for the impeachment. of Judge West H. Humphrey. And I am looking at the articles of impeachment for Judge Charles 'Swayne. And each one of these articles of impeachment are specific. They tell the date, they tell the place, they tell the occurrance, they tell what was wrong and what laws were violated if there were laws -violated. And it seems to me that in fairness and in justice to the President of the United States, after 8 months and over $1 million, that this committee could come to a conclusion as to what the specifics of this impeachment are in detail and with specific charge and I am ready as I indicated yesterday in some instances, in some cases if the case is put in the proper form and the proper shape, to vote for an article of impeachment. But I don't think that the articles placed before us are in specific enough detail to bring me to that conclusion today. I yield to the gentleman from Maryland. The CHAIRMAN. The time of the gentleman from Wisconsin has expired I recognize the gentleman from California, Mr. Waldie. [00.22.08]