Impeachment Hearings: House Judiciary Committee, July 24, 1974 Henry Smith Statement
Impeachment Hearings: House Judiciary Committee, July 24, 1974 Henry Smith Statement
Impeachment Hearings: House Judiciary Committee, July 24, 1974 - Representative Henry Smith (R - New York) Statement Rayburn House Office Building, Washington DC
Impeachment Hearings: House Judiciary Committee, July 24, 1974 Henry Smith Statement
Chairman Peter Rodino (D - New Jersey). I recognize the gentlemen from New York, Mr. Smith not to exceed fifteen minutes for purposes of debate only. Representative Henry Smith (R - New York). Mr. Chairman, Ladies and Gentlemen of the committee I know that we all feel the weight of the historic action we are about to take. After months of diligent inquiry into the question of whether or not the President of the United States should be impeached, it is a solemn duty we have undertaken pursuant to the requirements of the Constitution of the United States. How we decide here, how the House of Representatives may decide if we recommend impeachment, how the Senate may resolve the issue of the House shall vote impeachment of the President, are decisions which will affect our nation in one way or another for the rest of time.
Impeachment Hearings: House Judiciary Committee, July 24, 1974 Henry Smith Statement
I take this opportunity Mr. Chairman of expressing my respect for the other thirty seven lawyer members of this committee, who have bore the grueling work of this inquiry for months. And I take this opportunity also to express my respect for and thanks to the members of the impeachment inquiry staff and the regular staff members of this committee for the dedicated professional jobs each and every one of them has done during this historic project. The massive amount of information, documents, testimony and legal precedence they have gathered, assimilated, organized and presented with skill during these months of this inquiry are almost beyond belief.
Impeachment Hearings: House Judiciary Committee, July 24, 1974 Henry Smith Statement
The constitutional duty of this committee in regard to impeachment possibly that of the House and possibly that of the Senate, always a sad duty is a particularly sad one here. In that it contemplates the possible impeachment and conviction of a President who has ended our direct participation in a bitter and divisive war which was not of his making and who history may show has done more than any person now living to bring about peace and brotherhood in this world. Through his bold initiatives in establishing communication and basis for understanding with other powerful nations and other powerful peoples and through his initiatives carried out by the painstaking and tireless work of dedicated aides in creating the climate for and the support for a real seize fire in the Middle East and now in Cyprus. But even so, if this President has been guilty of treason, bribery or other high crimes and misdemeanors, as stated it is stated in the Constitution, than it is the constitutional duty of the House of Representatives to impeach him and the constitutional duty of the Senate to convict him.
Impeachment Hearings: House Judiciary Committee, July 24, 1974 Henry Smith Statement
To determine whether there are valid grounds for impeachment has been the duty if this committee. We have a resolution and articles of impeachment before us. And we have for months examined mountains of evidence and listened to witnesses. There is here no charge of treason. So the question is do we think the President is guilty of the charges of bribery or other high crimes and misdemeanors? The President says he is not. What measure or standard of evidence is necessary for this committee to say he is or may be guilty? I think it is something more than probable cause which is sufficient for indictment by a grand jury and something less than satisfaction beyond a reasonable doubt which is required for conviction of a crime.
Impeachment Hearings: House Judiciary Committee, July 24, 1974 Henry Smith Statement
Mr. St Claire, the President s lawyer, has suggested a standard of clear and convincing proof and Mr. Doer the chief council of this committee s impeachment inquiry staff appeared to endorse that standard. Except for one area, I am not satisfied that there has been produced before this committee clear and convincing proof of the President s personal involvement in actions which would be impeachable. The testimony is generally not solid and clear. It raises inference after inference. Many negative ones against the President and some positive ones in his favor. But there is precious little solid hard evidence of his personal impeachable misdeeds.
Impeachment Hearings: House Judiciary Committee, July 24, 1974 Henry Smith Statement
Except for the area of the secret bombing in Cambodia at the President s order between March 18, 1969 and May 1, 1970 for I have not yet made up my mind. I should have to vote against impeachment of the President on the state of the evidence which we have seen. This is why I was delighted today when the Supreme Court ruled 8-0 that the President must deliver the tapes and memoranda s subpoenaed by special prosecutor Jaworski. I believe that this means that this committee will at last have this material available for inspection. So we can determine once and for all whether the President is guilty of impeachable offenses or whether he is not. I think it is absolutely imperative that this committee make the effort to secure this evidence. I believe that any other course, in the present state of the evidence before this committee would be self defeating and not worthy of the effort which has already gone into this inquiry and investigation. I thank you MR. Chairman for recognizing me and if my understanding of reservation of time as of yesterday afternoon is still valid I reserve the balance of my time. Chairman Peter Rodino (D - New Jersey). I would like to advise the gentlemen from Massachusetts the policy committee was enunciated yesterday. That there is no reservation afforded to any member.