Impeachment Hearings: House Judiciary Committee, July 30, 1974 (2/2)
Impeachment Hearings: House Judiciary Committee, July 30, 1974 (2/2)
[01.22.09] Mr. McCLORY. Nevertheless we are now faced with this decision at this hour of decision, with determining whether or not the President is or is not in contempt of Congress, and if he is whether he has denied the Congress to the extent that we should recommend his impeachment. I .think that this is an important article It is a case where the Congress itself is pitted against, the Executive. We have this challenge on the part of the Executive with respect to our authority, and if we think of the whole process of impeachment, let us recognize that this is a power which is preeminent, which makes the Congress of the United States dominant with respect to the three separate and equal branches of government. It bridges the separation on of powers and gives us and reposes in us the responsibility to fulfill this mission. And the only way we can do it is through acting favorably on article III. Thank you, Mr. Chairman. The CHAIRMAN. The time of the gentleman has expired. I recognize the gentleman from Arkansas, Mr. Thornton. Mr., THORNTON. Thank you, Mr. Chairman. I have a perfecting amendment at, the desk. The clerk will read the amendment. The CLERK. [reading] Amendment by Mr. Thornton. In the first paragraph strike out the material commencing with "The subpenaed down through "Constitution of the United States." and insert in lieu thereof the following: The 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 lawful subpenas 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. The CHAIRMAN. The gentleman is recognized for 5 minutes. Mr. THORNTON,. Thank you, Mr. Chairman. Members of the committee , the matters which have been raised by the proposed article by the gentleman from Illinois deserve our very serious reflection and thought. I have previously expressed my own views that the failure to comply -with subpenas does constitute, a grave offense. and I have also expressed that ]in my view that offense should have been included within one of the substantive articles which has been previously presented and adopted by his committee. I think it could have been considered as an abuse of power, or even more logically as an obstruction of justice in interfering with this committee's exercise of its constitutional duty. However, that did not occur during the, course of the adoption of the articles which have been presented, and I do not see Mr. Doar at the table, but I -would like to direct the attention of Mr. Jenner, if I may, to paragraph (4) of article 1, as amended by the gentleman from Ca California, Mr. Danielson, to include within that article a failure to produce materials required by congressional committees. Are you familiar with that article as amended? Mr. JENNER. Yes. I am, Mr. Thornton. Mr. THORNTON. In your view, would that article permit the introduction of evidence with respect to the subpenas which have been issued by this committee? [01.26.30]