An Overview of Impeachment - The A-MARK Foundation

 
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An Overview of
 Impeachment
                                                                                                         Feb. 10, 2020,
                                                                                                                 Seventh update
                                                               Dec. 20, 2019; Jan. 22, 2020; Jan. 25; Jan. 29; Jan. 31; Feb. 4; Feb. 5

                                                                                  Report Commissioned by
                                                                                      the A-Mark Foundation
                                                                              www.Amarkfoundation.org

  © 2019, 2020 A-Mark Foundation - This report is available for Fair Use.
An Overview of Impeachment

                                                I. What is Impeachment?
  “Impeachment technically refers to a vote         followed by a two-thirds majority in the           fly by political actors and only rarely used
 by the US House of Representatives to              Senate to convict and remove — but there           over the course of American history.”1
 charge a high-ranking [federal] government         aren’t a lot of details provided as to exactly
 officer with misconduct and begin the              how it needs to work or what constitutes an        “The House impeachment process generally
 process of removing him or her from office.        impeachable offense. Unlike in the criminal        proceeds in three phases: (1) initiation of the
 …                                                  code, there are no elaborate rules of              impeachment process; (2) Judiciary
                                                    procedure or vast set of detailed statutes         Committee investigation, hearings, and
 This is a process that is spelled out in the       and case law to guide impeachment. It’s            markup of articles of impeachment; and (3)
 United States Constitution — it requires a         fundamentally a political process built on the     full House consideration of the articles of
 majority vote of the House to impeach                                                                 impeachment.”2

                          II. Our U.S Constitution on Impeachment
The following are all the words on impeachment in the U.S. Constitution.

                                                                 Article I
Section 2: “ … The House of Representatives       for that Purpose, they shall be on Oath or          Office, and disqualification to hold and enjoy
shall chuse [choose] their Speaker and other      Affirmation. When the President of the United       any Office of honor, Trust or Profit under the
Officers; and shall have the sole Power of        States is tried, the Chief Justice shall preside:   United States: but the Party convicted shall
Impeachment.”                                     And no Person shall be convicted without the        nevertheless be liable and subject to
                                                  Concurrence of two thirds of the Members            Indictment, Trial, Judgment and Punishment,
Section 3: “ … The Senate shall have the sole     present. Judgment in Cases of Impeachment           according to Law.”
Power to try all Impeachments. When sitting       shall not extend further than to removal from

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An Overview of Impeachment

                                                             Article II
Section 2: “The President shall be               principal Officer in each of the executive        Section 4: “The President, Vice President
Commander in Chief of the Army and Navy          Departments, upon any Subject relating to         and all civil Officers of the United States,
of the United States, and of the Militia of      the Duties of their respective Offices, and       shall be removed from Office on
the several States, when called into the         he shall have Power to grant Reprieves and        Impeachment for, and Conviction of,
actual Service of the United States; he may      Pardons for Offences against the United           Treason, Bribery, or other high Crimes and
require the Opinion, in writing, of the          States, except in Cases of Impeachment. …”        Misdemeanors.”

                                                               Article III
Section 2: “ … The Trial of all Crimes,          State where the said Crimes shall have            Place or Places as the Congress may by
except in Cases of Impeachment, shall be         been committed; but when not committed            Law have directed.”
by Jury; and such Trial shall be held in the     within any State, the Trial shall be at such

                                                             Notes
Presidents who have had “proposed articles of impeachment filed against them in the House of Representatives”3 include John Tyler, Andrew
Johnson, Grover Cleveland, Herbert Hoover, Harry S. Truman, Richard M. Nixon, Ronald W. Reagan, and George H. W. Bush, William J. Clinton and
Donald J. Trump.

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An Overview of Impeachment

                                                                                 Table of Contents
                                                                              Click page number to jump to selection
1. Background on the Impeachment Process .................................................................................................................................................................. 5
2. Resolution Recommending the Start of Impeachment Hearings .............................................................................................................................. 6
3. Resolution to Begin Impeachment Inquiry Approved by the House ....................................................................................................................... 7
4. Were the impeachment investigations based on a resolution to start an inquiry conducted in private or public?................................................ 9
5. Date Public Impeachment Hearings Started After Impeachment Resolution was Passed by the House ............................................................ 10
6. Witnesses in the Impeachment Inquiry ..................................................................................................................................................................... 11
7. Articles of Impeachment Drafted and Voted on in Committee .............................................................................................................................. 15
8. House Vote on Articles of Impeachment.................................................................................................................................................................. 17
9. House Impeachment Managers .................................................................................................................................................................................. 18
10. Defense Team .............................................................................................................................................................................................................. 21
11. House Informs Senate and Presents its Articles of Impeachment .......................................................................................................................... 22
12. Trial Begins as Oaths are Taken by Justice and Senators ......................................................................................................................................... 23
13. Senate Writ of Summons, Responses & Trial Briefs ................................................................................................................................................ 24
14. Senate Trial Procedures ............................................................................................................................................................................................... 27
15. Arguments by Both Parties, Senate Questioning, and Closing Arguments ............................................................................................................ 31
16. Witnesses & Depositions ............................................................................................................................................................................................ 32
17. Senate Deliberations .................................................................................................................................................................................................... 34
18. Senate Vote .................................................................................................................................................................................................................. 34
19. Days Senate Impeachment Hearings Lasted ............................................................................................................................................................. 36
20. Days from Formal Impeachment Vote by the House to Senate Vote .................................................................................................................... 36

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An Overview of Impeachment

                                III. The Process of Impeachment
                          The Event(s) Beginning the Process (Trigger) Toward Impeachment
                                              A.                                B.                                 C.                                  D.
                                   Andrew Johnson (D)                 Richard Nixon (R)                    Bill Clinton (D)                  Donald Trump (R)
                                 (Republican-controlled House)     (Democratic-controlled House)      (Republican-controlled House)       (Democratic-controlled House)

                               There were                        There were                        Formal                               Although
                               two                               unsuccessful                      impeachment                          there have
                               successful                        impeachment                       proceedings for                      been
                               resolutions                       resolutions                       William Clinton                      several
                               to start the                      starting in                       were triggered                       resolutions
  Background on                impeachment
                               process
                                                                 1972 that
                                                                 were not
                                                                                                   in response to
                                                                                                   the Starr
                                                                                                                                        to impeach
                                                                                                                                        Trump
1 the                          against
                               Andrew
                                                                 related to
                                                                 Watergate.5
                                                                                                   report of
                                                                                                   Sept. 10,
                                                                                                                                        since 2017,
                                                                                                                                        a more
  Impeachment                  Johnson.                          From 1973-                        1998, and its
                                                                                                   recommendations by
                                                                                                                                        wide-base
                                                                                                                                        of support for impeachment
  Process                      The trigger that led to the       1974, 17 unsuccessful
                               second successful resolution      resolutions for various reasons   Independent Counsel Ken Starr        was triggered by a July 26,
                               and Johnson being impeached       for impeaching Nixon were         “for impeaching President Bill       2019,14 whistleblower memo
                               “was the firing of Secretary of   introduced and referred to the    Clinton on 11 grounds, including     about their concerns after a
                               War Edwin M. Stanton, a           Judiciary Committee.6             perjury, obstruction of justice,     conversation with someone
  Back to Table of Contents
                               Lincoln appointee and ally of                                       witness-tampering and abuse of       who had listened to the July 25,
                                                                 One of the triggers for formal    power, while providing graphic       2019, phone call between
                               the Radical Republicans in        impeachment proceedings
                               Congress.”4                                                         details of the sexual relationship   Trump and Ukrainian President
                                                                 against President Richard Nixon   between the president and            Volodymyr Zelenskiy. 15
                                                                 was “The Saturday Night           former White House intern
                                                                 Massacre,”7 when Nixon                                                 The concern was that in asking
                                                                                                   Monica Lewinsky.” 11 The report      a foreign power to investigate a
                                                                 ordered the firing of Special     was a result of the Independent
                                                                 Prosecutor Archibald Cox8 on                                           political challenger in the 2020
                                                                                                   Counsel investigation [which         presidential race and his son,
                                                                 Oct. 20, 1973,9 during the        began on Jan. 20, 1994] 12 into
                                                                 investigation into the June 17,                                        who was on the Board of the
                                                                                                   what was known as                    Ukrainian natural gas company
                                                                 1972, break-in of the             “Whitewater” and “any possible
                                                                 Democratic Party’s national                                            Burisma, was at least improper
                                                                                                   violations of law relating in any    if not an impeachable offense.
                                                                 headquarters10 in the             way to” Clinton’s relationship

                                                                  Page 5 of 44
An Overview of Impeachment

                                             A.                                B.                                C.                                D.
                                  Andrew Johnson (D)                 Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
                                (Republican-controlled House)     (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                                                                Watergate apartment-hotel         with the Whitewater
                                                                complex in D.C.                   Development Corporation, and
                                                                                                  other matters.13

                              1-7-1867: The resolution to       2-4-1974: Rep. Peter W.           10-5-1998: The “Republican-       8-22-2019: “House Judiciary
                              start an impeachment              Rodino, Jr. [D-NJ-10] of the      controlled House Judiciary        Committee Chairman Jerry
                              inquiry that ended in a           House Judiciary Committee         Committee” recommended            Nadler on Thursday [Aug. 22,
  Resolution                  House vote16 was presented
                              by Representative James M.
                                                                introduced “H.Res.803 -
                                                                Resolution providing
                                                                                                  an impeachment inquiry by a
                                                                                                  vote of 21 to 16. Resolution
                                                                                                                                    2019] asked four House
                                                                                                                                    panels investigating

2 Recommending
                              Ashley of Ohio on Jan. 7,         appropriate power to the          “H.Res. 581 - Authorizing and     President Donald Trump to
                              1867, charging high crimes        Committee on the Judiciary        directing the Committee on        share documents and other
  the Start of                and misdemeanors. 17              to conduct an investigation       the Judiciary to investigate      information to aid his
                                                                of whether sufficient             whether sufficient grounds        committee’s investigation
  Impeachment                 The second was a resolution
                              for impeachment without an        grounds exist to impeach          exist for the impeachment of      into whether to file articles

  Hearings                    inquiry.                          Richard M. Nixon, President
                                                                of the United States.” 18
                                                                                                  William Jefferson Clinton,
                                                                                                  President of the United
                                                                                                                                    of impeachment against the
                                                                                                                                    president.”20
                                                                                                  States” was introduced to the     9-17-2019: The first
                                                                                                  House on Oct. 7, 1998, by
  Back to Table of Contents                                                                                                         impeachment hearing by
                                                                                                  Rep. Henry J. Hyde, [R-IL-6] of   House Democrats was held
                                                                                                  the House Judiciary               on Sept. 17, 2019. 21
                                                                                                  Committee.19
                                                                                                                                    9-24-2019: Formal
                                                                                                                                    Impeachment Inquiry –
                                                                                                                                    House Speaker Nancy Pelosi
                                                                                                                                    announced a formal
                                                                                                                                    impeachment inquiry on
                                                                                                                                    Sept. 24, 2019.
                                                                                                                                    10-29-2019: “Chairman of
                                                                                                                                    the House Rules Committee
                                                                                                                                    James McGovern introduced
                                                                                                                                    House resolution H.Res.660,
                                                                                                                                    along with a fact sheet,
                                                                                                                                    outlining procedures going
                                                                                                                                    forward for the

                                                                 Page 6 of 44
An Overview of Impeachment

                                              A.                                B.                                C.                                D.
                                   Andrew Johnson (D)                 Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
                                 (Republican-controlled House)     (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                                                                                                                                     impeachment inquiry into
                                                                                                                                     the president.”
                                                                                                                                     10-30-2019: “On Oct. 30,
                                                                                                                                     after robust discussion and
                                                                                                                                     the rejection of 18
                                                                                                                                     amendments offered by
                                                                                                                                     Republicans, the Rules
                                                                                                                                     Committee reported the
                                                                                                                                     resolution favorably with a
                                                                                                                                     9-4 party-line vote.”22
                               1-7-1867: There were two          2-6-1974 : “… on Feb. 6,          10-8-1998: “The Republican-       10-31-2019: “The
                               successful impeachment            1974, the [Democratic-            controlled House voted [258-      [Democratic-controlled]
                               resolutions against Johnson,      controlled] House of              176; H.Res.581]34 in October      House of Representatives
                               the first one began an            Representatives voted 410         [8,] 1998 to begin                voted Thursday 232-196 to
                               inquiry and the other did         to 4 to pass HR 803,              impeachment proceedings           pass a resolution [H.Res.660]
                               not.                              authorizing the House             against Clinton after months      formalizing its impeachment
                                                                 Committee on the Judiciary        of controversy over his           inquiry into President
                               Rep. James M. Ashley of
  Resolution to                Ohio on Jan. 7, 1867,             to investigate whether            relationship with White           Trump. Just two Democrats
3 Begin                        presented a resolution
                               charging Johnson with high
                                                                 sufficient grounds existed to
                                                                 impeach President Richard
                                                                                                   House intern Monica
                                                                                                   Lewinsky. That vote was
                                                                                                                                     voted no — Reps. Collin
                                                                                                                                     Peterson of Minnesota and
                                                                 Nixon. The vote came nearly       triggered by two rounds of        Jeff Van Drew of New
  Impeachment                  crimes and misdemeanors23
                               that passed a [Republican-        a year after the U.S. Senate      testimony given by Clinton        Jersey.”38
                                                                 created a select committee        earlier in the year.” 35
  Inquiry                      controlled] House vote of
                               109 to 36.24                      to investigate the Nixon          Committee on the Judiciary
  Approved by                  Although there was an
                                                                 campaign’s activities related
                                                                 to the Watergate scandal
                                                                                                   authorized to investigate. 36
                               inquiry, the Committee                                              H.Res.581 - Authorizing and
  the House                    decided not to impeach on
                                                                 during the 1972 presidential
                                                                 election.”33                      directing the Committee on
                               June 3, 1867.25 On Nov. 25,                                         the Judiciary to investigate
                               1867, it was reconsidered by                                        whether sufficient grounds
   Back to Table of Contents   a Committee member.26                                               exist for the impeachment of
                                                                                                   William Jefferson Clinton,

                                                                  Page 7 of 44
An Overview of Impeachment

               A.                              B.                                C.                              D.
    Andrew Johnson (D)               Richard Nixon (R)                   Bill Clinton (D)              Donald Trump (R)
  (Republican-controlled House)   (Democratic-controlled House)     (Republican-controlled House)   (Democratic-controlled House)
“On December 6, 1867, at                                          President of the United
the next session of Congress,                                     States.37
the House took up for
consideration the resolution
proposed by the majority of
the committee” to impeach
Johnson27 but it was
defeated in the House 57 to
108.28
2-24-1868: On 2-21-1868 a
resolution is introduced by
Representative John Covode
of Pennsylvania29 to the
House to impeach Johnson
of high crimes and
misdemeanors.30 The second
successful impeachment
resolution was passed out of
committee31 on Feb. 24,
1868, and “…the Joint
Committee on
Reconstruction rapidly
drafted a resolution of
impeachment, which passed
the House on Feb. 24, 1868,
by a vote of 126 to 47.” 32

                                  Page 8 of 44
An Overview of Impeachment

                                              A.                                B.                                C.                                D.
                                   Andrew Johnson (D)                 Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
                                 (Republican-controlled House)     (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                               “The impeachment of               “After the Watergate              “After its [Judiciary             House impeachment
  Were the                     President Johnson was first
                               proposed indirectly through
                                                                 hearings ended, though, the
                                                                 Judiciary Committee also
                                                                                                   Committee] staff interviewed
                                                                                                   various witnesses in private,
                                                                                                                                     investigations were being
                                                                                                                                     held in Committees before
4 impeachment                  general investigations”39
                               starting in 1866.
                                                                 conducted several closed-
                                                                 door hearings as it
                                                                                                   the Judiciary Committee's
                                                                                                   public hearings commenced
                                                                                                                                     Nancy Pelosi formalized the
                                                                                                                                     procedure on Sept. 24, 2019.
  investigations               The Judiciary Committee was       proceeded with
                                                                 impeachment.”42
                                                                                                   on November 19 …”43               “Pelosi noted six existing

  based on a                   appointed to investigate
                               after the first successful
                                                                                                                                     House committees, including
                                                                                                                                     the Judiciary and Oversight
  resolution to                resolution to start an inquiry
                               was passed on Jan. 7, 1867.
                                                                                                                                     panels, would continue their
                                                                                                                                     investigations of the Trump
  start an inquiry             “It appears that the
                               examination was conducted
                                                                                                                                     administration …” 44
                                                                                                                                     There was a mix of closed-
  conducted in                 ex parte, there being no one
                               present to cross examine
                                                                                                                                     door investigations /

  private or                   witnesses on behalf of the
                                                                                                                                     depositions and open
                                                                                                                                     hearings held after Pelosi
                               President, nor does it appear
  public?                      that any testimony was
                                                                                                                                     formalized the impeachment
                                                                                                                                     investigation
                               introduced at his suggestion
                               or sought to be introduced.                                                                           After the resolution to start
   Back to Table of Contents   The witnesses were                                                                                    an impeachment inquiry was
                               examined generally by the                                                                             passed by the House on Oct.
                               chairman or other members                                                                             31, 2019, private Committee
                               of the committee. In one                                                                              investigations / hearings /
                               instance Mr. Benjamin F.                                                                              depositions were conducted.
                               Butler, a Member of the                                                                               “The 232-196 vote passed
                               House, but not a member of                                                                            nearly along party lines, with
                               the committee, was                                                                                    no Republicans voting for
                               permitted to examine a                                                                                the resolution and two
                               witness; but his examination                                                                          Democrats voting against
                               was in no sense an                                                                                    it.”45
                               appearance in behalf of the
                                                                                                                                     “Up till now [11-3-2019],
                               President, but rather the
                                                                                                                                     most of the investigation has
                               reverse. In the minority

                                                                  Page 9 of 44
An Overview of Impeachment

                                               A.                                B.                                C.                                D.
                                    Andrew Johnson (D)                 Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
                                  (Republican-controlled House)     (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                                views presented by Mr.                                                                                been closed-door
                                Marshall the investigation is                                                                         depositions, involving
                                spoken of as ‘a secret, ex                                                                            Democrats and Republicans
                                parte one.’”40 They reported                                                                          on three House panels —
                                their findings to the House.                                                                          intelligence, oversight and
                                The second resolution did                                                                             foreign affairs.” 46
                                not produce an investigation
                                or hearings as a team was
                                appointed to draft up articles
                                of impeachment directly. 41
                                                                  5-9-1974: “On May 9, 1974,        11-19-1998: Public hearings       11-13-2019: The House
                                                                  under the chairmanship of         started Nov. 19, 1998, by         Intelligence Committee
                                                                  Peter Rodino, the [House          House Judiciary Committee. 48     impeachment inquiry of
                                                                  Judiciary] Committee began                                          President Donald Trump
                                                                  public hearings to review the                                       began its public phase on
    Date Public                                                   results of the Impeachment
                                                                  Inquiry staff’s
                                                                                                    Other hearing dates49             Nov. 13, 2019.50
                                                                                                    12-1-1998
    Impeachment                                                   investigation.” 47
                                                                                                    12-8-1998
                                                                                                                                      Witnesses were called and
                                                                                                                                      cross-examined publicly.
5   Hearings                                                                                        12-9-1998                         12-3-2019: A 298-page
                                                                                                                                      report titled “The Trump-
    Started After                                                                                   12-10-1998
                                                                                                                                      Ukraine Impeachment
                                                                                                    12-11-1998                        Inquiry Report” was
    Impeachment                                                                                     12-12-1998                        transmitted to the Judiciary

    Resolution was                                                                                                                    Committee as required
                                                                                                                                      under “required under
    Passed by the                                                                                                                     House Resolution 660.” 51
                                                                                                                                      12-4-2019: The House
    House                                                                                                                             Committee on the Judiciary
                                                                                                                                      then held its own public
                                                                                                                                      hearings before deliberating
    Back to Table of Contents                                                                                                         for two days and voting to

                                                                   Page 10 of 44
An Overview of Impeachment

                                             A.                                B.                                C.                                D.
                                  Andrew Johnson (D)                 Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
                                (Republican-controlled House)     (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                                                                                                                                    approve two articles of
                                                                                                                                    impeachment on Dec. 13,
                                                                                                                                    2019.

                              First inquiry52 - closed          Closed testimony54                Public testimony                  Closed door testimony59
  Witnesses in                testimony53
                              “The following are the
                                                                7-2-1974
                                                                1. Alexander P. Butterfield,
                                                                                                  11-19-199855
                                                                                                  1. Judge Kenneth W. Starr
                                                                                                                                    10-3-2019
                                                                                                                                    1. Kurt Volker
6 the                         material portions of the          former deputy assistant to        12-1-1998: 56                     10-11-2019
                              testimony taken by the            president
  Impeachment                 House Committee on the            7-3-1974
                                                                                                  2. Pam Parsons, former
                                                                                                  Atlanta basketball coach
                                                                                                                                    2. Marie Yovanovitch
                                                                                                                                    10-14-2019
  Inquiry                     Judiciary under authority of
                              the resolutions passed by the
                                                                2. Paul L. O’Brien, former
                                                                counsel to Nixon campaign
                                                                                                  convicted of perjury              3. Fiona Hill
                              House of Representatives on                                         3. Barbara Battalino,             10-15-2019
                              March 7, 1867, for the            3. Fred C. La Rue, former         California resident also          4. George Kent
  Back to Table of Contents   impeachment of Andrew             campaign special assistant to     convicted of perjury
                                                                campaign directors                                                  10-16-2019
                              Johnson.                                                            12-8-199857 - defense             5. Michael McKinley, former
                              Eighty-nine witnesses were        7-9-1974                          witnesses                         policy adviser to Secretary of
                              summoned before the               4. William O. Bittman,
                                                                                                  4. Nicholas Katzenbach,           State Mike Pompeo
                              committee. All of them were       former counsel to E. Howard
                                                                Hunt                              former U.S. Attorney General      10-17-2019
                              rigidly examined, and several
                                                                                                  5. Sean Wilent, Princeton         6. Gordon Sondland
                              of them were called and           7-10-1974
                              examined the second and           5. John N. Mitchell, former       history professor                 10-22-2019
                              third times.”                     attorney general, former                                            7. William Taylor
                                                                                                  6. Samuel Beer, Harvard
                                                                Nixon campaign director           professor                         10-23-2019
                                                                7-11-1974                                                           8. Laura Cooper
                                                                                                  7. Bruce Ackerman, Yale Law
                                                                6. John W. Dean III, former       professor                         10-26-2019
                                                                counsel to president                                                9. Philip Reeker, acting
                                                                                                  8. Elizabeth Holtzman, former     assistant secretary of state
                                                                7-12-1974                         congress person                   for European and Eurasian
                                                                7. Henry E. Petersen,                                               affairs

                                                                 Page 11 of 44
An Overview of Impeachment

             A.                                B.                                C.                                D.
  Andrew Johnson (D)                 Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
(Republican-controlled House)     (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                                Assistant Attorney General        9. Wayne Owens, , former          10-29-2019
                                DOJ                               congress person                   10. Alexander Vindman
                                7-[15-16]-1974                    10. Father Robert Drinan          10-30-2019
                                8. Charles W. Colson, former                                        11. Catherine Croft, former
                                                                  11. James Hamilton                adviser to Volker on Ukraine
                                special counsel to President
                                7-[16-17]-1974                    12. Richard Ben-Veniste           policy
                                9. Herbert W. Kalmbach,           12-9-199858                       12. Christopher Anderson,
                                former Nixon personal                                               former specialist on Ukraine
                                attorney                          13. Thomas P. Sullivan, senior    at the State Department
                                                                  partner at Jenner & Block
                                                                                                    10-31-2019
                                                                  14. Richard Davis, partner        13. Timothy Morrison
                                                                  with law firm Weil, Gotschal
                                                                  and Manges                        11-6-2019
                                                                                                    14. David Hale
                                                                  15. Edward S.G. Dennis Jr.,
                                                                                                    11-7-2019
                                                                  partner at law firm Morgan,
                                                                                                    15. Jennifer Williams
                                                                  Lewis and Bockius
                                                                                                    11-15-201960
                                                                  16. William F. Weld, former
                                                                                                    16. David Holmes, the top
                                                                  Massachusetts governor            political affairs officer at the
                                                                  17. Ronald Noble, associate       U.S. embassy in Kiev
                                                                  professor at NYU Law School       11-16-201961
                                                                                                    17. Mark Sandy, director of
                                                                                                    national security programs
                                                                                                    at the Office of Management
                                                                                                    and Budget.

                                                                                                    Public Testimony
                                                                                                    11-13-201962
                                                                                                    1. George Kent, the deputy
                                                                                                    assistant secretary of state

                                 Page 12 of 44
An Overview of Impeachment

             A.                              B.                              C.                                D.
  Andrew Johnson (D)               Richard Nixon (R)                 Bill Clinton (D)                Donald Trump (R)
(Republican-controlled House)   (Democratic-controlled House)   (Republican-controlled House)     (Democratic-controlled House)
                                                                                                for European and Eurasian
                                                                                                affairs
                                                                                                2. William Taylor, the top
                                                                                                U.S. diplomat in Ukraine.
                                                                                                11-15-201963
                                                                                                3. Marie Yovanovitch,
                                                                                                former U.S. ambassador to
                                                                                                Ukraine
                                                                                                11-19-201964
                                                                                                4. Jennifer Williams, an aide
                                                                                                to Vice President Mike Pence
                                                                                                5. Lieutenant Colonel
                                                                                                Alexander Vindman, who
                                                                                                serves as the director for
                                                                                                European affairs at the
                                                                                                National Security Council
                                                                                                6. Ambassador Kurt Volker,
                                                                                                the former U.S. special
                                                                                                envoy to Ukraine
                                                                                                7. Tim Morrison, a White
                                                                                                House aide with the National
                                                                                                Security Council focusing on
                                                                                                Europe and Russia policy
                                                                                                11-20-201965
                                                                                                8. Ambassador Gordon
                                                                                                Sondland, U.S. Ambassador
                                                                                                to the European Union
                                                                                                9. Laura Cooper, the deputy
                                                                                                assistant secretary of
                                                                                                defense for Russian,

                                Page 13 of 44
An Overview of Impeachment

             A.                              B.                              C.                                D.
  Andrew Johnson (D)               Richard Nixon (R)                 Bill Clinton (D)                Donald Trump (R)
(Republican-controlled House)   (Democratic-controlled House)   (Republican-controlled House)     (Democratic-controlled House)
                                                                                                Ukrainian, and Eurasian
                                                                                                Affairs
                                                                                                10. David Hale, the under
                                                                                                secretary of state for
                                                                                                political affairs
                                                                                                11-21-201966
                                                                                                11. Fiona Hill, former
                                                                                                National Security Council
                                                                                                senior director for Europe
                                                                                                and Russia
                                                                                                12. David Holmes, an
                                                                                                American diplomat stationed
                                                                                                in Ukraine67
                                                                                                12-4-2019 68
                                                                                                Called by Democrats
                                                                                                13. Noah Feldman, a Harvard
                                                                                                Law professor
                                                                                                14. Pamela Karlan, a law
                                                                                                professor at Stanford
                                                                                                15. Michael Gerhardt, a law
                                                                                                professor at the University
                                                                                                of North Carolina
                                                                                                Called by Republicans
                                                                                                16. Jonathan Turley, George
                                                                                                Washington University
                                                                                                12-9-201969
                                                                                                17. Barry Berke, staff lawyer
                                                                                                for Democratic House
                                                                                                committees

                                Page 14 of 44
An Overview of Impeachment

                                             A.                                B.                                C.                                D.
                                  Andrew Johnson (D)                 Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
                                (Republican-controlled House)     (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                                                                                                                                    18. Daniel Goldman, staff
                                                                                                                                    lawyer for Democratic House
                                                                                                                                    committees
                                                                                                                                    19. Stephen Castor,
                                                                                                                                    Republican lawyer
                              2-24-1868: “Immediately,          7-1974: “In July 1974, [July      12-11-1998: On Dec. 9, 1998,      12-13-2019: “Following two
                              [Feb. 24, 1868] the House         27, 29 and 30]73 the Judiciary    House Judiciary Committee         days of heated debate, the
                              proceeded to establish an         Committee approved three          Republicans released drafts of    House Judiciary Committee
                              impeachment committee,            articles of impeachment           four articles of                  on Friday [12-13-2019]
                              appoint managers, and draft       against Nixon.” 74                impeachment.76                    approved two articles of
  Articles of                 articles of impeachment.” 70      House Judiciary Committee         On Dec. 11, the Committee         impeachment against
                                                                                                                                    President Donald Trump,
                                                                votes:75
  Impeachment                 “The Johnson Impeachment
                              Committee produced the                       Article 1
                                                                                                  voted and approved three of
                                                                                                  the articles.77 It approved the   sending them to the House
7 Drafted and                 charges that eventually
                              became the eleven articles of
                                                                Obstruction of justice, abuse     fourth on Dec. 12.78              floor for a final vote. Both
                                                                                                                                    articles were passed by a 23-
                                                                  of power and contempt of        The Committee vote on those       17 margin along party
  Voted on in                 impeachment against
                              President Johnson.”71
                                                                           Congress               articles:                         lines.”79
                                                                July 27, 1974, vote – 27 to 11
  Committee                   “Article 1 stated that                       Article 2
                                                                                                            Article 1
                                                                                                             Perjury
                                                                                                                                    The House Judiciary
                                                                                                                                    Committee submitted a 658-
                              Johnson ordered Stanton                  Abuse of power                    Passed 21 to 16            page report80 dated 12-13-
                              removed with the intent to        July 29, 1974, vote – 28 to 10               Article 2              2019 7:48 p.m. and released
  Back to Table of Contents   violate the act.
                                                                           Article 3                Perjury, written testimony      on 12-16-201981 titled
                              Articles 2, 3 and 8 alleged           Contempt of Congress                                            “Impeachment of Donald J.
                                                                                                         Passed 20 to 17
                              that the appointment of           July 30, 1974, vote – 21 to 17                                      Trump President of the
                              Thomas, to replace Stanton,                                                   Article 3
                                                                                                                                    United States.”
                              without the advice and                                                  Obstruction of justice
                              consent of the Senate was a                                               Passed 21 to 16
                              further violation of the                                                      Article 4
                              Constitution.                                                              Abuse of office                      Article 1
                              Articles 4 [5, 6,] 7 accused                                               Passed 21 to 16                   Abuse of Power
                              Johnson of conspiring with                                                                                   (page 4 of the PDF)
                              Thomas to remove Stanton,

                                                                 Page 15 of 44
An Overview of Impeachment

               A.                              B.                              C.                              D.
    Andrew Johnson (D)               Richard Nixon (R)                 Bill Clinton (D)              Donald Trump (R)
  (Republican-controlled House)   (Democratic-controlled House)   (Republican-controlled House)   (Democratic-controlled House)
citing such conspiracy as a                                                                            Passed 23 to 17
‘high crime in office,’ thus                                                                             Article 2
illegally depriving Stanton of                                                                    Obstruction of Congress
his rightful position. …                                                                               (page 5 of the PDF)
Article 9 accused Johnson of                                                                           Passed 23 to 17
diverting orders and
instructions related to
military operations through
the general of the army,
bypassing Secretary Stanton.
Another article [Article 10],
proposed by Massachusetts
representative Benjamin
Butler, charged Johnson with
making speeches ‘with a loud
voice, certain intemperate,
inflammatory, and
scandalous harangues’ with
the intent to disgrace
Congress. This article was
initially rejected, but later
adopted as Article 10. The
final article [Article 11] was
championed by Thaddeus
Stevens, accusing Johnson of
declaring the 39th Congress
unconstitutional, since it was
a Congress of only part of
the states, and therefore did
not have legislative powers
nor the power to propose
constitutional amendments.

                                  Page 16 of 44
An Overview of Impeachment

                                               A.                                B.                                 C.                                D.
                                    Andrew Johnson (D)                 Richard Nixon (R)                    Bill Clinton (D)                Donald Trump (R)
                                  (Republican-controlled House)     (Democratic-controlled House)      (Republican-controlled House)     (Democratic-controlled House)
                                This, argued Stevens, placed
                                Johnson in violation of his
                                presidential oath requiring
                                him to ‘take care that the
                                laws be faithfully
                                executed.’”72
                                3-2-1868: “Mar 2, [and 3rd]       “Before the full House could      12-19-1998: On Dec. 19,            12-18-2019: The House
                                1868: House approved [11]         vote on the articles of           1998, four articles of             voted on and passed the two
                                articles of impeachment.          impeachment, a previously         impeachment were voted on          articles of impeachment.
    House Vote on               House managers appointed.
                                … Senate adopted updated
                                                                  undisclosed audio tape was
                                                                  released that made clear
                                                                                                    by the House, with Articles 1
                                                                                                    and 3 passing:                                Article 1
8   Articles of                 rules of impeachment.”82          Nixon had a role in the           Article 1 – on perjury             Vote on – 695 – H RES 75592
                                                                  cover-up.
    Impeachment                 3-2-1868: House votes for
                                approval on the Articles 83       He resigned from office on
                                                                                                    “regarding the Paula Jones
                                                                                                    case and [Clinton’s]
                                                                                                                                                230 – Yeas
                                                                                                                                             Democratic - 229
                                         Article 1                Aug. 9, 1974.”85                  relationship with Monica                  Independent - 1
                                   127-42 (20 not voting)                                           Lewinsky.”86
    Back to Table of Contents                                                                                                                  197 – Nays
                                         Article 2                                                  The House vote was 228-206.              Republican - 195
                                                                                                    “Only five Democrats voted                Democratic - 2
                                   124-41 (24 not voting)
                                                                                                    for that article, and five
                                         Article 3                                                  Republicans against.”87             1 Present – 1 Democratic
                                   124-40 (25 not voting)                                                                                      3 – No-Vote
                                                                                                    Article 2 – “The president
                                         Article 4                                                  provided perjurious, false and            Democratic - 1
                                   117-40 (32 not voting)                                           misleading testimony in the               Republican - 2
                                         Article 5                                                  Jones case in his answers to
                                   127-42 (20 not voting)                                           written questions and in his                  Article 2
                                                                                                    deposition.”88                     Vote on – 696 – H RES 75593
                                         Article 6
                                   127-42 (20 not voting)                                           “Article II failed 229-205, with            229 – Ayes
                                                                                                    many more Republican                     Democratic - 228
                                         Article 7
                                                                                                    defections.”89                           Independent - 1
                                   127-42 (20 not voting)
                                                                                                    Article 3 – “The president
                                                                                                    obstructed justice in an effort

                                                                   Page 17 of 44
An Overview of Impeachment

                                             A.                              B.                                C.                               D.
                                  Andrew Johnson (D)               Richard Nixon (R)                   Bill Clinton (D)               Donald Trump (R)
                                (Republican-controlled House)   (Democratic-controlled House)     (Republican-controlled House)    (Democratic-controlled House)
                                       Article 8                                                to delay, impede, cover up               198 – Noes
                                 127-42 (20 not voting)                                         and conceal the existence of           Republican - 195
                                       Article 9                                                evidence related to the Jones           Democratic - 3
                                                                                                case.”90 House passed 221-
                                 108-41 (40 not voting)                                                                            1 – Present – Democratic
                                                                                                212.
                                                                                                                                         3 – No-Vote
                              3-3-1868: House votes for                                         Article 4 – “The president              Democratic - 1
                              approval on the Articles 84                                       misused and abused his office           Republican - 2
                              (pages 461-466)                                                   by making perjurious, false
                                                                                                and misleading statements to
                                       Article 10                                               Congress.”91 House failed
                              (“additional article”) – 88-44                                    vote 285-148.
                                     (57 not voting)
                                      Article 11
                                 109-32 (48 not voting)
                                   House Managers94                                                   House Managers                   House Managers
                              1. John A. Bingham (R-OH)                                         1. Henry J. Hyde (R-IL-6)         1. Adam Schiff
                                                                                                                                     (D-CA-28), Intelligence
                              2. George S. Boutwell (R-                                         2. F. James Sensenbrenner
                                                                                                                                     Committee Chairman
                                 MA)                                                               Jr. (R-WI-9)

9 House
                                                                                                                                  2. Jerrold Nadler
                              3. James F. Wilson (R-IA)                                         3. Bill McCollum (R-FL-8)            (D-NY-10), House
  Impeachment                 4. Benjamin F. Butler (R-
                                 MA) chief prosecuting
                                                                                                4. George W. Gekas (R-PA-
                                                                                                   17)
                                                                                                                                     Judiciary Committee
                                                                                                                                     Chairman
  Managers                       attorney
                                                                                                5. Charles T. Canady (R-FL-       3. Zoe Lofgren (D-CA-19)
                              5. Thomas Williams (R-
                                                                                                   12)                            4. Val Demings (D-FL-10)
                                 PA)95
  Back to Table of Contents                                                                     6. Steve Buyer (R-IN-5)           5. Hakeem Jeffries (D-NY-
                              6. Thaddeus Stevens (R-PA
                                                                                                7. Ed Bryant (R-TN-7)                8)
                              7. John A. Logan (R-IL)
                                                                                                                                  6. Sylvia Garcia (D-TX-29)
                                                                                                8. Steve Chabot (R-OH-1)
                              3-2-1868: “… House                                                                                  7. Jason Crow (D-CO-6)
                                                                                                9. Bob Barr (R-GA-7)
                              managers appointed. ”96

                                                                Page 18 of 44
An Overview of Impeachment

             A.                              B.                                C.                                D.
  Andrew Johnson (D)               Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
(Republican-controlled House)   (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                                                                10. Asa Hutchinson (R-AR-3)
                                                                11. Chris Cannon (R-UT-3)         12-18-2019: Speaker Nancy
                                                                                                  Pelosi stated during a press
                                                                12. James E. Rogan (R-CA-
                                                                                                  conference after the House
                                                                    27)                           passed the two Articles of
                                                                13. Lindsey Graham (R-SC-3)       Impeachment that she was
                                                                                                  not sending them to the
                                                                12-19-1998: House passes H.
                                                                                                  Senate that night because "it
                                                                Res. 614, “Appointing and
                                                                                                  is difficult to determine who
                                                                authorizing managers for the
                                                                                                  the managers would be until
                                                                impeachment trial of William      we see the arena in which
                                                                Jefferson Clinton, President of
                                                                                                  we will be participating."102
                                                                the United States.”97
                                                                         The Vote98               12/19-2019: House voted to
                                                                         228 – Yeas               adjourn for the holidays.103
                                                                       Republican - 223
                                                                        Democratic - 5            1/7/2020 : House back from
                                                                        190 – Nays                the holidays.104
                                                                       Republican - 2             1-15-2020: The House voted
                                                                      Democratic - 187            228 to 193 to pass H. Res.
                                                                      Independent - 1             798 “Appointing and
                                                                       17 – Not Voting            authorizing managers for the
                                                                        Republican - 3            impeachment trial of Donald
                                                                       Democratic – 14            John Trump, President of the
                                                                                                  United States"105 and to
                                                                “All of the managers for          authorize sending the two
                                                                Clinton's impeachment were        Articles of Impeachment
                                                                members of the Judiciary          against President Donald
                                                                Committee …” 99                   Trump to the Senate.

                                Page 19 of 44
An Overview of Impeachment

             A.                              B.                                C.                                D.
  Andrew Johnson (D)               Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
(Republican-controlled House)   (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                                                                1-6-1999: H. Res. 10                      The Vote106
                                                                “Appointing the authorizing                228 –Yeas
                                                                managers for the                        Democratic - 227
                                                                impeachment trial of William            Independent - 1
                                                                Jefferson Clinton, President of           193 – Nays
                                                                the United States” passed to            Republican - 192
                                                                reappoint the managers when              Democrat - 1
                                                                the House reconvened in the
                                                                106th Congress on 1-6-                   9 – Not Voting
                                                                1999.100                                 Democratic - 4
                                                                                                         Republican - 5
                                                                                                  The resolution, submitted by
                                                                         The Vote101              Jerrold Nadler (D-NY-10),
                                                                          223 – Yeas              states that the seven
                                                                       Republican - 218           managers are appointed “to
                                                                        Democratic – 5            conduct the impeachment
                                                                                                  trial against Donald John
                                                                        198 – Nays                Trump, President of the
                                                                      Democratic - 197            United States, that a
                                                                                                  message be sent to the
                                                                      Independent - 1
                                                                                                  Senate to inform the Senate
                                                                       7 – Not Voting             of these appointments …” 107
                                                                       Republican - 3
                                                                                                  “The staffs of the House
                                                                       Democratic – 4
                                                                                                  Permanent Select
                                                                                                  Committee on Intelligence,
                                                                                                  the Committee on the
                                                                                                  Judiciary, and the
                                                                                                  Committee on Oversight and
                                                                                                  Reform are assisting the
                                                                                                  Managers during the
                                                                                                  impeachment trial.” 108

                                Page 20 of 44
An Overview of Impeachment

                                             A.                              B.                               C.                               D.
                                  Andrew Johnson (D)               Richard Nixon (R)                  Bill Clinton (D)               Donald Trump (R)
                                (Republican-controlled House)   (Democratic-controlled House)    (Republican-controlled House)    (Democratic-controlled House)
                                    Defense Team109                                                  Defense Team112                  Defense Team113
                               1. Henry Stanbery                                                1. Gregory Craig                 1. Pat Cipollone
                                  lead, Attorney General110                                        White House counsel              White House counsel
10 Defense Team                2. William M. Evarts                                             2. Cheryl Mills                  2. Jay Sekulow
                                  New York attorney,                                               deputy White House               private attorney
                                  former attorney                                                  counsel
   Back to Table of Contents                                                                                                     3. Ken Starr
                                  general111                                                    3. Charles F.C. Ruff                former Independent
                               3. Benjamin Robbin Curtis                                           Watergate prosecutor             Counsel in the President
                                  of Boston, former                                             4. David E. Kendall                 Clinton investigation
                                  Supreme Court Justice                                            private attorney              4. Alan Dershowitz
                               4. Thomas A.R. Nelson                                            5. Dale Bumpers                     Harvard law professor
                                  Judge from Tennessee                                             former Arkansas Senator       5. Robert Ray
                               5. William S. Groesbeck                                          6. Bruce Lindsey                    former head of the
                                  Ohio attorney                                                    deputy White House               Office of the
                                                                                                   counsel                          Independent Counsel
                                                                                                7. Lanny A. Breuer               6. Jane Raskin
                                                                                                   White House special              former federal
                                                                                                   counsel                          prosecutor
                                                                                                8. Nicole K. Seligman            7. Pam Bondi
                                                                                                   private attorney                 former Florida Attorney
                                                                                                                                    General
                                                                                                                                 8. Patrick Philbin
                                                                                                                                    deputy to Cipollone
                                                                                                                                 9. Mike Purpura
                                                                                                                                    deputy to Cipollone

                                                                Page 21 of 44
An Overview of Impeachment

                                              A.                                B.                                C.                                D.
                                   Andrew Johnson (D)                 Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
                                 (Republican-controlled House)     (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                               2-25-1868: “House informed        “Following President Nixon’s      12-19-1998: “[House               1-15-2020: Pelosi signed the
   House Informs               Senate of impeachment
                               vote.”114
                                                                 resignation, the House
                                                                 adopted a resolution to
                                                                                                   Judiciary] Committee
                                                                                                   Chairman Henry Hyde, who
                                                                                                                                     Articles of Impeachment at
                                                                                                                                     an Engrossment Ceremony,

11 Senate and
                                                                 ‘accept’ the House Judiciary      will prosecute the case in the    and then the Impeachment
                               2-28-1868: “Rules of
                               procedure in impeachment          Committee’s report                Senate, delivered the             Managers followed House
   Presents its                trials reported in the            recommending
                                                                 impeachment, but there was
                                                                                                   impeachment articles to the
                                                                                                   Secretary of the Senate at 3
                                                                                                                                     Clerk Cheryl Johnson120 as
                                                                                                                                     she carried the Articles to
   Articles of                 Senate.” 115
                               3-4-1868: “House presented
                                                                 no vote adopting the articles     p.m. ET. [Dec. 19, 1998]” 118     the Senate where she
                                                                 and thereby impeaching the                                          presented the Articles to the
   Impeachment                 articles of impeachment to
                               the Senate.” 116
                                                                 former President, and
                                                                                                   1-7-1999: House Managers
                                                                                                   exhibited the Articles of         Secretary of the Senate Julie
                                                                 consequently there was no         Impeachment to the Senate         Adams.121 Schiff introduced
                                                                 Senate trial.” 117                and the Chief Justice of the      the House Managers and
   Back to Table of Contents                                                                                                         read the Articles of
                                                                                                   United States.119
                                                                                                                                     Impeachment.122

                                                                  Page 22 of 44
An Overview of Impeachment

                                                    A.                              B.                                 C.                                D.
                                         Andrew Johnson (D)               Richard Nixon (R)                    Bill Clinton (D)                Donald Trump (R)
                                       (Republican-controlled House)   (Democratic-controlled House)      (Republican-controlled House)     (Democratic-controlled House)
                                     3-5-1868: “With Chief Justice                                     1-7-1999: “A Senate trial          1-16-2020: At 2:10 p.m. ET,
                                     Salmon P. Chase presiding,                                        against Clinton commenced          Chief Justice John Roberts
                                     Senate trial began at 1:00                                        on Jan. 7, 1999, and unfolded      was sworn in by President

12 Trial Begins as
                                     p.m.”123 He was sworn in124                                       over four weeks, with Chief        Pro Tempore Sen. Chuck
                                     by Judge Nelson.125                                               Justice William Rehnquist          Grassley (R-IA). The Chief
    Oaths are                        The Chief Justice gave the                                        presiding.”128 It began a little   Justice then swore in 99
                                                                                                       after 1 p.m. ET.                   Senators as jurors, who then
    Taken by                         oath to the Senators (absent
                                     were Doolittle (VT),                                              The Chief Justice was sworn in     signed the impeachment
                                                                                                                                          oath book.131 Sen. Jim Inhofe
    Justice and                      Patterson (NH), Saulsbury
                                     (DE), Edmunds (VT).)126
                                                                                                       by the President Pro Tempore
                                                                                                       and then was responsible for       (R-OK) was not sworn in as

    Senators                         Edmunds, Patterson and
                                     Vickers sworn in 3-13-
                                                                                                       swearing in the 100 senators
                                                                                                       as jurors, who then signed the
                                                                                                                                          he was not in D.C. at the
                                                                                                                                          time.132
                                     1868.127                                                          oath book.129                      McConnell secured approval
    (Date of beginning of trial in                                                                                                        for three unanimous consent
    red)                                                                                               House Managers exhibited
                                                                                                       the Articles of                    agreements from the Chief
                                                                                                       Impeachment.130                    Justice for details of the
                                                                                                                                          impeachment trial, including
    Back to Table of Contents
                                                                                                                                          issuance of a summons,
                                                                                                                                          printing of trial paperwork,
                                                                                                                                          deadlines for filing of the
                                                                                                                                          president’s trial briefs and
                                                                                                                                          the House rebuttal.133

                                                                       Page 23 of 44
An Overview of Impeachment

                                              A.                              B.                                C.                                D.
                                   Andrew Johnson (D)               Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
                                 (Republican-controlled House)   (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                               3-7-1868: Sergeant at Arms                                        1-8-1999: Precept issued. 138     1-16-2020: Precept received
   Senate Writ of              George Brown presented a
                               “Writ of Summons” signed
                                                                                                 1-8-1999: Senate Majority
                                                                                                 Leader Trent Lott (R-MS)
                                                                                                                                   by the Secretary of the
                                                                                                                                   Senate. 150
13 Summons,                    by Chief Justice Salmon P.
                               Chase to President Johnson,
                                                                                                 submitted S. Res. 16, “A          1-16-2020: The Senate
                                                                                                 resolution to provide for the     issued a summons to be
   Responses &                 “who chose not to appear at
                               trial.”134
                                                                                                 issuance of a summons and         delivered to Donald John

   Trial Briefs                3-13-1868: Plea of the
                                                                                                 for related procedures
                                                                                                 concerning the articles of
                                                                                                                                   Trump by the Sergeant at
                                                                                                                                   Arms of the United States
   Back to Table of Contents   president entered by                                              impeachment against William       Senate, Michael C. Stenger,
                               Stanbery in reply to the                                          Jefferson Clinton, President of   notifying the President that
                               summons. The House                                                the United States,” that is       he was to provide an
                               Manager Bingham made a                                            agreed to unanimously in the      “answer” to the Articles of
                               statement noted as the                                            Senate.139                        impeachment against him no
                               Replication and reported by                                       Sergeant at Arms of the           later than 6 p.m. 1-18-2020.
                               the Secretary. 135                                                United States James W. Ziglar     The summons was served to
                               3-23-1868: President Andrew                                       was tasked with delivering        the White House and
                                                                                                                                   received by Derek S. Lyons at
                               Johnson’s “Answer” to                                             the summons [page 776]
                               Article III of the Articles of                                    witnessed by Strom                5:25 p.m.151
                               Impeachment and other                                             Thurmond.140 The receipt of       1-18-2020: Impeachment
                               articles were read by                                             summons is dated 1-8-1999141      Managers released a trial
                               Curtis.136                                                        with a copy to Charles Ruff at    brief in response to the
                               3-24-1868: The House                                              5:27 p.m.                         Senate summons, and it was
                               Managers presented their                                          1-11-1999: The Secretary of       received by the Secretary of
                                                                                                                                   the Senate 1-18-2020. Trial
                               Replication to the president’s                                    the Senate received White
                               Answer. 137                                                       House “Answers” to the            Memorandum and
                                                                                                 summons. Under Preamble in        Statement of Material
                                                                                                 the response, the following is    Facts in the impeachment
                                                                                                 stated: “The Charges in the       trial of the President of the
                                                                                                 Articles Do Not Constitute        United States, Donald J.
                                                                                                 High Crimes or                    Trump. 152 153
                                                                                                 Misdemeanors.”142

                                                                 Page 24 of 44
An Overview of Impeachment

             A.                              B.                                C.                                 D.
  Andrew Johnson (D)               Richard Nixon (R)                   Bill Clinton (D)                 Donald Trump (R)
(Republican-controlled House)   (Democratic-controlled House)     (Republican-controlled House)      (Democratic-controlled House)
                                                                1-11-1999: The Secretary of        1-18-2020: President
                                                                the Senate received the trial      Trump’s lawyers Jay Sekulow
                                                                brief [page 71] filed by the       and Pat Cipollone send 6-
                                                                House titled “Trial                page “Answer” to the House
                                                                Memorandum of the United           Managers’ impeachment
                                                                States House of                    charges. It starts with: “The
                                                                Representatives.” 143 The          articles of Impeachment
                                                                summary read in part: “The         submitted by House
                                                                evidence contained in the          Democrats are a dangerous
                                                                record, when viewed as a           attack on the right of the
                                                                unified whole,                     American people to freely
                                                                overwhelmingly supports            choose their President.”154
                                                                both charges.”144                  Received by the Secretary of
                                                                1-13-1999: The Secretary of        the Senate 1-18-2020. 155
                                                                the Senate received the trial      1-20-2020: Counsel to
                                                                brief filed by the President       President Trump submitted
                                                                “Trial Memorandum of               a 171-page trial brief titled
                                                                President William Jefferson        “Trial Memorandum Of
                                                                Clinton.” 145 In the               President Donald J. Trump.”
                                                                introduction it stated: “ …The     Received by the Secretary of
                                                                Articles of Impeachment that       the Senate 1-20-2020. 156
                                                                have been exhibited to the         The Executive Summary
                                                                Senate fall far short of what      begins: “The Articles of
                                                                the Founding Fathers had in        Impeachment now before
                                                                mind when they placed in the       the Senate are an affront to
                                                                hands of the Congress the          the Constitution and to our
                                                                power to impeach and               democratic institutions. The
                                                                remove a President from            Articles themselves—and
                                                                office.”                           the rigged process that
                                                                1-14-1999: Replication [page       brought them here—are a
                                                                735] of the House received by      brazenly political act by
                                                                the Secretary of the Senate. 146   House Democrats that must

                                Page 25 of 44
An Overview of Impeachment

             A.                              B.                                C.                                D.
  Andrew Johnson (D)               Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
(Republican-controlled House)   (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                                                                The Preamble began: “ The         be rejected.” This is the final
                                                                House of Representatives          written document that the
                                                                denies each and every             President’s counsel was
                                                                material allegation in the        required to present before
                                                                Preamble to the Answer,           trial.157
                                                                including the sections entitled   1-20-2020: House Managers
                                                                “The Charges in the Articles      at noon filed a 9-page
                                                                Do Not Constitute High            replication, a rebuttal to
                                                                Crimes or Misdemeanors”           Trump’s “Answers” of 1-18-
                                                                and “The President Did Not        2020, with the Secretary of
                                                                Commit Perjury or Obstruct        the Senate. It was titled
                                                                Justice.” 147                     “Replication to the Response
                                                                1-14-1999: Rebuttal brief         to the Summons of President
                                                                [page 740] filed by the House     Donald J. Trump to the
                                                                received by the Secretary of      Articles of Impeachment.”
                                                                the Senate. 148 The               The First sentence of the
                                                                Introduction began: “The          Preamble: “The House
                                                                President’s Trial                 denies each and every
                                                                Memorandum contains               allegation and defense in the
                                                                numerous factual                  Preamble to the Answer.”158
                                                                inaccuracies and                  1-21-2020: Secretary of the
                                                                misstatements of the              Senate received the House
                                                                governing law and the             rebuttal brief. 159
                                                                Senate’s precedents.”149

                                Page 26 of 44
An Overview of Impeachment

                                               A.                              B.                                 C.                                D.
                                    Andrew Johnson (D)               Richard Nixon (R)                    Bill Clinton (D)                Donald Trump (R)
                                  (Republican-controlled House)   (Democratic-controlled House)      (Republican-controlled House)     (Democratic-controlled House)
                                3-2-1868: “Senate adopted                                         1-8-1999: “In a closed-door        1-21-2020: Senate convened
                                updated rules of                                                  meeting, the Senate                as a Court of Impeachment
                                impeachment.”160                                                  unanimously agrees on a            at 10:18 a.m. PT. Chief
   Senate Trial                 Some of the rules included:
                                                                                                  process for continuing the         Justice John Roberts gave
14 Procedures                   “XVIII. If a senator wishes a
                                                                                                  trial, but puts off deciding the
                                                                                                  sticking point — whether to
                                                                                                                                     the oath to the only Senator
                                                                                                                                     who wasn’t present at the
                                question to be put to a                                           call witnesses.” 164               previous swearing in, Inhofe,
                                witness, or to offer a motion                                                                        who signed the oath book.166
                                or order, (except a motion to                                     Some of the trial procedures
    Back to Table of Contents                                                                     agreed to in S. Res. 16:           There were debates and
                                adjourn,) it shall be reduced
                                to writing, and put by the                                        “Arguments on such motions         votes on S. Res. 483, Senate
                                                                                                  shall begin at 1:00 p.m. on        Majority Leader Mitch
                                presiding officer.
                                                                                                  Wednesday, January 13,             McConnell’s (R-KY) proposed
                                XIX. At all times while the                                       1999, and each side may            impeachment trial rules
                                Senate is sitting upon the                                        determine the number of            resolution titled “To provide
                                trial of an impeachment the                                       persons to make its                for related procedures
                                doors of the Senate shall be                                      presentation, following which      concerning the articles of
                                kept open, unless the Senate                                      the Senate shall deliberate        impeachment against
                                shall direct the doors to be                                      and vote on any such               Donald John Trump,
                                closed while deliberating                                         motions. Following the             President of the United
                                upon its decisions.”                                              disposition of these motions,      States.”
                                3-5-1868: Trial began with                                        or if no motions occur then at     S. Res. 483 “Resolution
                                procedural motions.161                                            1:00 p.m. on Thursday,             agreed to in Senate without
                                                                                                  January 14, 1999, the House
                                3-13-1868: Chief Justice                                                                             amendment by Yea-Nay
                                                                                                  of Representatives shall make      Vote. 53 - 47.”167
                                Salmon P. Chase swore in the
                                                                                                  [its] presentation in support
                                House Managers for the                                                                               Seven amendments to these
                                                                                                  of the articles of
                                trial.162                                                                                            proposed rules were
                                                                                                  impeachment for a period of
                                                                                                  time not to exceed 24 hours.       presented by Senate
                                                                                                  … Following the House of           Minority Leader Chuck
                                “On the advice of counsel,
                                                                                                  Representatives presentation,      Schumer (D-NY) and all were
                                the president did not appear
                                                                                                  the President shall make his       tabled by Senate votes of 53
                                at the trial, although he did
                                                                                                  presentation for a period not      to 47.168
                                agree to a number of press
                                                                                                  to exceed 24 hours as

                                                                  Page 27 of 44
An Overview of Impeachment

               A.                              B.                                C.                                D.
    Andrew Johnson (D)               Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
  (Republican-controlled House)   (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
interviews during the trial                                       outlined in the paragraph         1. S.Amdt. 1284 To
process.”163                                                      above with reference to the       subpoena certain White
                                                                  House of Representatives          House documents and
                                                                  presentation. Upon the            records.
                                                                  conclusion of the President's     2. S.Amdt. 1285 To
                                                                  presentation, Senators may        subpoena certain
                                                                  question the parties for a        Department of State
                                                                  period of time not to exceed      documents and records.
                                                                  16 hours.”165                     3. S.Amdt. 1286 To
                                                                                                    subpoena certain Office of
                                                                                                    Management and Budget
                                                                                                    documents and records.
                                                                                                    4. S.Amdt. 1287 To
                                                                                                    subpoena John Michael
                                                                                                    "Mick" Mulvaney.
                                                                                                    5. S.Amdt. 1288 To
                                                                                                    subpoena certain
                                                                                                    Department of Defense
                                                                                                    documents and records.
                                                                                                    6. S.Amdt. 1289 To
                                                                                                    subpoena Robert B. Blair and
                                                                                                    Michael P. Duffey.
                                                                                                    7. S.Amdt. 1290 To prevent
                                                                                                    the selective admission of
                                                                                                    evidence and to provide for
                                                                                                    appropriate handling of
                                                                                                    classified and confidential
                                                                                                    materials.

                                  Page 28 of 44
An Overview of Impeachment

             A.                              B.                              C.                                D.
  Andrew Johnson (D)               Richard Nixon (R)                 Bill Clinton (D)                Donald Trump (R)
(Republican-controlled House)   (Democratic-controlled House)   (Republican-controlled House)     (Democratic-controlled House)
                                                                                                1-22-2020: The debate on
                                                                                                trial rules continued on
                                                                                                Tuesday 1-21-2020 into
                                                                                                Wednesday morning.
                                                                                                Five amendments to these
                                                                                                proposed rules were
                                                                                                presented by Senate
                                                                                                Minority Leader Chuck
                                                                                                Schumer (D-NY) and all were
                                                                                                tabled by Senate votes of 53
                                                                                                to 47, except S.Amdt. 1293
                                                                                                which was voted on 52-
                                                                                                48.169
                                                                                                1. S.Amdt. 1290 To prevent
                                                                                                the selective admission of
                                                                                                evidence and to provide for
                                                                                                appropriate handling of
                                                                                                classified and confidential
                                                                                                materials.
                                                                                                2. S.Amdt. 1291 To
                                                                                                subpoena John Robert
                                                                                                Bolton.
                                                                                                3. S.Amdt. 1292 To provide
                                                                                                that motions to subpoena
                                                                                                witnesses or documents
                                                                                                shall be in order after the
                                                                                                question period.
                                                                                                4. S.Amdt. 1293 To allow
                                                                                                additional time to file
                                                                                                responses to motions.

                                Page 29 of 44
An Overview of Impeachment

             A.                              B.                              C.                                D.
  Andrew Johnson (D)               Richard Nixon (R)                 Bill Clinton (D)                Donald Trump (R)
(Republican-controlled House)   (Democratic-controlled House)   (Republican-controlled House)     (Democratic-controlled House)
                                                                                                5. S.Amdt. 1294 To help
                                                                                                ensure impartial justice by
                                                                                                requiring the Chief Justice of
                                                                                                the United States to rule on
                                                                                                motions to subpoena
                                                                                                witnesses and documents.
                                                                                                “Senators adopted the
                                                                                                updated resolution [S. Res.
                                                                                                483], 53-47, shortly before 2
                                                                                                a.m. Wednesday morning.
                                                                                                There were 12 roll call votes.
                                                                                                170

                                                                                                Some of the final procedures
                                                                                                that were passed: “… the
                                                                                                House of Representatives
                                                                                                shall make its presentation
                                                                                                in support of the articles of
                                                                                                impeachment for a period of
                                                                                                time not to exceed 24 hours,
                                                                                                over up to 3 session days.
                                                                                                Following the House of
                                                                                                Representatives'
                                                                                                presentation, the President
                                                                                                shall make his presentation
                                                                                                for a period not to exceed 24
                                                                                                hours, over up to 3 session
                                                                                                days. Each side may
                                                                                                determine the number of
                                                                                                persons to make its
                                                                                                presentation. Upon the
                                                                                                conclusion of the President’s
                                                                                                presentation, Senators may

                                Page 30 of 44
An Overview of Impeachment

                                              A.                              B.                                C.                                D.
                                   Andrew Johnson (D)               Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
                                 (Republican-controlled House)   (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                                                                                                                                   question the parties for a
                                                                                                                                   period of time not to exceed
                                                                                                                                   16 hours.”171

                               3-30-1868 to 4-20-1868:                                           1-(14-15-16)-1999: The House      1-[22-23-24]-2020: Opening

   Arguments by                Opening arguments and
                               testimony.172
                                                                                                 Managers presented their
                                                                                                 case to the Senate.176
                                                                                                                                   arguments began in the
                                                                                                                                   afternoon session with
15 Both Parties,               - 3-30-1868 to 4-9-1868:                                          1-(19-20)-1999: President’s       House Manager Adam Schiff
                                                                                                                                   making a presentation, and
                               Prosecution presented its                                         counsel presented its case to
   Senate                      case.”173                                                         the Senate.177                    the House Managers’
                                                                                                                                   arguments continued on 1-
   Questioning,                - 4-15-1868 to 4-20-1868:
                               Defense presented its
                                                                                                 1-(22-23)-1999: Senate posed
                                                                                                 questions to the House
                                                                                                                                   23-2020 and 1-24-2020.

   and Closing                 case.174                                                          Managers and President’s
                                                                                                 counsel.178
                                                                                                                                   1-[25-27-28]-2020:
                                                                                                                                   President’s counsel
   Arguments                   4-22-1868: Summary phase
                               of trial began, and ended on                                      1-27-1999: The Senate
                                                                                                                                   presented their opening
                                                                                                                                   arguments for three days
                               5-7-1868.175                                                      rejected a motion, Yea – 44 to    starting Saturday 1-25-2020
                                                                                                 Nay – 56, in Vote No. 4 “Byrd     and continued on Monday 1-
   Back to Table of Contents
                                                                                                 motion to dismiss the             27-2020 and concluded on 1-
                                                                                                 impeachment                       28-2020.182
                                                                                                 proceedings.”179
                                                                                                                                   1-[29-30]-2020: Senate
                                                                                                 2-4-1999: The Senate voted        question and answer period
                                                                                                 down a Daschle motion 56 to       began on 1-29-2020 and
                                                                                                 44 to proceed to closing          continued through 1-30-
                                                                                                 arguments.180                     2020.183
                                                                                                 2-8-1999: Parties presented       2-3-2020: Senate heard
                                                                                                 final arguments to the            closing statement from
                                                                                                 Senate.181                        House Managers and
                                                                                                                                   president’s counsel. Both
                                                                                                                                   sides were given a total of

                                                                 Page 31 of 44
An Overview of Impeachment

                                               A.                                    B.                                C.                                D.
                                    Andrew Johnson (D)                     Richard Nixon (R)                   Bill Clinton (D)                Donald Trump (R)
                                  (Republican-controlled House)         (Democratic-controlled House)     (Republican-controlled House)     (Democratic-controlled House)
                                                                                                                                          four hours divided
                                                                                                                                          equally.184

                               The impeachment trial                                                    1-27-1999: Senate votes Yea -     1-31-2020: Senate voted
                               included 41 witnesses,                                                   56 to Nay - 44 to pass Vote       down the motion to
                               “testimony of 25 prosecution                                             No. 5 “On the Motion (House       subpoena witnesses 51 –
                               and 16 defense                                                           Mgrs. motion to subpoena          Nay to 49 – Yea.199

16 Witnesses &
                               witnesses.”185 (40 separate                                              witnesses …”189                   “2. Motion to table Schumer
                               individuals, one called by
                                                                                                        1-28-1999: Sen. Trent Lott (R-    amendment #1295, to
   Depositions                 both sides)186                                                           MS) submitted a resolution        subpoena Mulvaney, Bolton,
                               Witness List187 (P=for the                                               that was agreed to                Duffy, Blair and White
                               prosecution; D=for the                                                   concerning procedures for         House, OMB, DOD and State
   Back to Table of Contents   defense)188                                                              depositions,190 S.Res.30 “A       Department documents;
                               3-31-1868:                                                               resolution relative to the        tabled: 53-47.
                               1. William McDonald, a clerk of the                                      procedures concerning the         3. Motion to table Schumer
                               Senate (P)                                                               Articles of Impeachment
                               2. J.W. Jones, keeper of the                                                                               amendment #1296, to
                                                                                                        against William Jefferson
                               stationery of the Senate (P)                                                                               subpoena John Bolton;
                               3. Charles C. Creecy, appointing                                         Clinton.” 191                     tabled: 51-49.
                               clerk of the Treasury Dept. (P)
                                                                                                        1-29-1999: Subpoenas issued       4. Motion to table Schumer
                               4. Burt Van Horn, New York
                               congressman (P)                                                          for witnesses Monica S.           amendment #1297 to
                               5. James K. Moorhead, Pennsylvania                                       Lewinsky, Vernon E. Jordan,       subpoena John Bolton;
                               congressman (P)                                                          Jr., and Sidney Blumenthal. 192
                               6. Walter A. Burleigh, Dakota                                                                              provided further that there
                               delegate in Congress (P)                                                 2-(1-2-3)-1999: The three         be one day for a deposition
                               4-1-1868:                                                                witnesses were deposed.           presided over by Chief
                               7. Samuel Wilkeson (P)
                                                                                                        2-4-1999: The Senate voted        Justice, and one day for live
                               8. George W. Karsner (P)
                               4-2-1868:                                                                unanimously to admit the          testimony before the
                               9. Thomas W. Ferry, congressman
                                                                                                        videotaped testimony into         Senate, both of which must
                               from Michigan (P)                                                                                          occur within 5 days of
                               10. General William H. Emory (P)                                         evidence,193 and to call
                                                                                                        witnesses to testify on the       adoption of the underlying
                               11. Lt.-Col. George W. Wallace (P)
                               12. William E. Chandler (P)                                              Senate floor.194                  resolution; tabled: 51-49.
                               13. Charles A. Tinker, telegrapher (P)

                                                                        Page 32 of 44
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