Impeachment Hearings: House Judiciary Committee, July 30, 1974
Impeachment Hearings: House Judiciary Committee, July 30, 1974
[00.13.07] The CHAIRMAN. The time of the gentleman has expired. I recognize the gentleman from Wisconsin, Mr. Kastenmeier, for 6 Minutes and 15 seconds. Mr. KASTENMEIER. Thank you, Mr. Chairman, I will not take all of that time, and will yield some of my time to the proposer of the article, the gentleman from Michigan subsequently. I think it is unfortunate that we are in the position of technically reviewing the war in Southeast, Asia. This is really not the point of this article.. But, very candidly. this article will not succeed, it will not, be adopted either by this committee or the Congress Nonetheless. I support, it. I think the essence of the article is as fundamental as the three we have already adopted if not more, so. I appreciate the comments of my colleagues, particularly the gentlemen from California, Mr. Edwards and Mr. Waldie to the effect that the genesis of concealment and deception did not originate -with Mr. Nixon. There, may have been culpability in the past, by Presidents Kennedy and Johnson. However, they are no longer President and, in fact, have long since gone to their graves. The question is really a constitutional one. If, in fact, the President did issue false and misleading statements, engage in deception and concealment concerning a matter of such great importance to the country as the conduct of war in which thousands and thousands of Americans were killed, irrespective of how Americans now view that war, and then, in fact, he has committed an offense for which he is accountable. I would only say that going back to the earliest times, one James Iredell, one of the Framers of the Constitution, stated the proposition that the President, and I paraphrase, must certainly be punishable for giving false information to the Senate. He is to regulate all intercourse with foreign powers, and it is his duty to impart to the every material intelligence he, receives. If it should appear that he has not given them full information, but has concealed important intelligence - which he ought to have communicated, and by that means induced them to enter into measures injurious to their country in which they would not have consented to had the true state of thing's been disclosed to them. in this case I ask whether an impeachment for a misdemeanor would lie. And so we have come to modern times and the situation that confronts us at this moment. In terms of what the Constitution requires, in terms of accountability of the President, we must adopt article No. IV. Mr. McCLORY. Would the gentleman yield for one question? Mr. KASTENMEIER. I yield to the gentleman from Illinois. Mr. McCLORY. A great, deal of information we received was classified but is it not a fact that information regarding the bombing was revealed to selected members of the Senate? That is my recollection of the information we have received. Mr. KASTENMEIER. The gentleman is correct, and some of the colloquy between the gentlewoman from New York and the gentleman from Virginia affirms that. However, I think history will record that those several selected individuals were people fully committed to a course, of action involving war and did not necessarily represent the people in the sense that the Congress as a whole, if imparted this knowledge, represents the people, and I would suggest that imparting that knowledge to a few select individuals, -whose views conformed with that of the administration, did not constitute imparting full information to the country and did, III fact, constitute further concealment thereof. I yield to the gentleman from Michigan. Mr. CONYERS. I thank the gentleman from Wisconsin for yielding, and I would pose this question to my colleagues because I appreciate ,the seriousness of the considerations before us. In a way this article cuts differently from any of the others, and I would be the, first to concede that were the President not being considered for impeachment on other grounds, it would be extremely difficult to have this consideration before us. But, history has brought them together, ladies and gentlemen. The coincidental meeting of this consideration of war powers has arrived at the same time that the revelations of Watergate and make this vote inescapable upon us. And I would only urge every ,member that if he or she feels that the record that we build should not include and recommend this article of impeachment, legitimately, not to add onto a bill of impeachment unnecessarily, but responsibly to preserve and reclaim the probably most important single power that the Constitution vests in this Congress, and I urge your support of this article. Mr. KASTENMEIER. Mr. Chairman, I yield back the balance of my time. [00.19.25]