Module 0: Introduction
Initial introduction
Chairperson/Presiding member
[Bangs gavel thrice] I hereby call the Indivisible San Francisco and Indivisible East Bay’s Model House Judiciary Committee to order, to hear the full and complete case for impeaching President Donald John Trump.
Representative 2
The goal of these model hearings and draft articles of impeachment is to show the real Congress and the American public that we need impeachment on the full range of Trump’s offenses against the nation, not only on the Ukraine extortion scandal but also on the other unconstitutional, unlawful, and abusive things that the Trump administration has done that harm the country. We need impeachment in the House on all of these counts as a way to protect the country, to seek justice for everyone, and to convince the public and the Senate to support conviction and removal from office, in order for us to rebuild our democracy.
Representative 3
These model impeachment hearings are a simplified, dramatized version of what we want Congress to do. In this presentation, we are disregarding having Democratic and Republican parties. For time and clarity, we are only presenting the case in favor of impeachment. We will present each article in a separate video of a hearing or presentation. The volunteer activists in these videos will portray the roles of congresspeople, staff, and witnesses.
Chairperson/Presiding member
Our videos include additional introductory presentations, model hearings on articles of impeachment, and article presentations. The introductory videos will explain what’s impeachable according to the Constitution and how that applies for today. The model hearing and article presentation videos will show you the charges and the evidence. Note that these videos only cover a few of the many potential articles of impeachment.
After watching this, we hope that you will support impeachment on the full range of counts, like we do. Maybe you’ll be inspired to create your own videos! At the very least, we encourage you to call your members of Congress to let them know that you support impeachment and removal from office. It’s worth it to help save democracy.
Constitutional basis for impeachment
Chairperson/Presiding member
In this video we will cover just the few parts of the Constitution that are about impeachment. The Constitution is what’s called a social contract. As the understanding that you and everyone in the United States takes part in, it’s what makes the government legitimate. It means that government officials can only exercise authority in ways that do not violate what the Constitution says, or else what they are doing is illegitimate.
The language is pretty short and easy to understand, and we’re only looking at the few parts about impeachment here. Let’s dive right into it with the preamble, which is the part that says what the point of having a government is meant to be. I’ll call on the clerk to read the preamble:
Clerk
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Chairperson/Presiding member
That’s all pretty clear for the overall goal of the government, which is supposed to work on our behalf.
Now let’s get into what government officials swear to do. I’ll call on the clerk to read the presidential oath of office:
Clerk
“I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”
Chairperson/Presiding member
That means that the President has given us his word that he will abide by the Constitution and that he will carry out what it says with what he does.
Next I’ll ask the clerk to read a short part about presidential duties called the take care clause:
Clerk
He shall take care that the laws be faithfully executed.
Chairperson/Presiding member
That requires the president, as the head of the executive branch of the federal government, to carry out the laws that Congress has passed and that he and earlier presidents have signed. It is not optional; he has to do what the laws say to do, or else he is not fulfilling his sworn duties.
Let’s not leave out Congress and the rest of the government. I’ll ask the clerk to read about their oaths of office:
Clerk
The Senators and Representatives, and all executive and judicial officers, shall be bound by oath or affirmation to support this Constitution.
Chairperson/Presiding member
When it comes to Congress, that sworn duty isn’t just about what kinds of laws they pass. It also goes for holding other government officials to account, including by impeachment and removal.
Now let’s get to the specifics on impeachment. The clerk will read about the grounds for removal from office:
Clerk
The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Chairperson/Presiding member
So there it is. Treason and bribery are pretty specific, but we’ll get back to high crimes and misdemeanors in a moment.
Next the clerk will read about the power of impeachment:
Clerk
The House of Representatives shall have the sole power of impeachment.
Chairperson/Presiding member
That’s really important. First of all, let’s be clear that what impeachment means is when the House brings charges against a government official. When that happens, that’s what it is for someone to be impeached, the filing of the charges. As we’ll see, the trial and conviction would happen after that, in the Senate.
Representative 2
But also, what it means for the House to have the sole power of impeachment is that the representatives are the ones who decide what is impeachable or not. They decide whether the president has done things that are serious enough for them to file charges against him. No one else gets to intervene, not the Department of Justice in the executive branch, not the courts, not even the Supreme Court. It’s up to the members of the House, on their own authority, unreviewable by anyone else.
Let’s be clear that high crimes and misdemeanors aren’t just about when the president breaks a regular law on the books with a criminal penalty attached to it, like if he assaults someone or if he violates a subpoena. That can be grounds for removal, if it’s serious enough, but there are many more things that are impeachable than that. It can also be for things like:
dereliction of duty during an emergency,
refusal to carry out duly passed laws,
defiance of a lawful court order to the administration,
or the misuse of government assets.
Just to name a few examples, in the past Congress has impeached judges for things like:
using their office for personal profit,
showing favoritism from the bench,
disclosing confidential information,
or being habitually drunk at work.
Of course you don’t want Congress to remove a president just because they disagree about policy preferences. That’s what elections, lawmaking, and politics are for.
But remember, Congress is the legislative branch, and the president is the head of the executive branch. Congress is supposed to write the laws, and the president is supposed to carry them out.
If the president acts against the law, or against the constitutional framework, or even directly against the country, then it’s up to the representatives to decide that that is what’s happening, and it’s up to them to pass articles of impeachment.
Chairperson/Presiding member
Now let’s get to what the Senate would do. The clerk will read about the trial:
Clerk
The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside, and no person shall be convicted without the concurrence of two thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States, but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.
Chairperson/Presiding member
Here’s where we see that impeachment and removal is about protecting the country, not about punishing the president. If the president is removed for ordinary crimes, those can still be tried separately in the regular justice system.
Finally, the clerk will read about how the president can’t undo it if Congress impeaches an official:
Clerk
The President shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
Chairperson/Presiding member
That wraps up what the Constitution says about impeachment. As you can see, the representatives have a lot of leeway to decide what is impeachable, but they also have the sworn duty to act to protect the country. The representatives can charge a president for offenses like constitutional violations, incompetence, negligence of duty, or abuse of power, and in turn the senators have a sworn duty to convict and remove a president who is doing these things.