The History Book On the Shelf

This evening, Rep. John Conyers, Chairman of the House Judiciary Committee released a statement saying

The President's response to our subpoena shows an appalling disregard for the right of the people to know what is going on in their government. The executive privilege assertion is unprecedented in its breadth and scope, and even includes documents that the Adminstration previously offered to provide as part of their 'take it or leave it' proposal. This response indicates the reckless disrepect this Administration has for the rule of law. The charges alleged in this investigation are serious - including obstruction of justice and misleading Congress - and the White House should be as committed to this investigation as the Congress. At this point, I see only one choice in moving forward, and that is to enforce the rule of law set forth in these subpoenas.

With all respect, Mr. Chairman, I suggest there is a precedent worth considering.

July 30, 1974

Article III

In his conduct of the office of President of the United States, Richard M. Nixon, contrary to his oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has failed without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary of the House of Representatives on April 11, 1974, May 15, 1974, May 30, 1974, and June 24, 1974, and willfully disobeyed such subpoenas. The subpoenaed papers and things were deemed necessary by the Committee in order to resolve by direct evidence fundamental, factual questions relating to Presidential direction, knowledge or approval of actions demonstrated by other evidence to be substantial grounds for impeachment of the President. In refusing to produce these papers and things Richard M. Nixon, substituting his judgment as to what materials were necessary for the inquiry, interposed the powers of the Presidency against the the lawful subpoenas of the House of Representatives, thereby assuming to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by the Constitution in the House of Representatives.

In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice, and to the manifest injury of the people of the United States.

Wherefore, Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.(emphasis mine)

July 25, 1974

Rep. Barbara Jordan:

Mr. Chairman, I join my colleague Mr. Rangel in thanking you for giving the junior members of this committee the glorious opportunity of sharing the pain of this inquiry. Mr. Chairman, you are a strong man, and it has not been easy but we have tried as best we can to give you as much assistance as possible.

Earlier today, we heard the beginning of the Preamble to the Constitution of the United States: "We, the people." It's a very eloquent beginning. But when that document was completed on the seventeenth of September in 1787, I was not included in that "We, the people." I felt somehow for many years that George Washington and Alexander Hamilton just left me out by mistake. But through the process of amendment, interpretation, and court decision, I have finally been included in "We, the people."

Today I am an inquisitor. An hyperbole would not be fictional and would not overstate the solemnness that I feel right now. My faith in the Constitution is whole; it is complete; it is total. And I am not going to sit here and be an idle spectator to the diminution, the subversion, the destruction, of the Constitution.

"Who can so properly be the inquisitors for the nation as the representatives of the nation themselves?" "The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men."¹ And that's what we're talking about. In other words, [the jurisdiction comes] from the abuse or violation of some public trust.

...

James Madison again at the Constitutional Convention: "A President is impeachable if he attempts to subvert the Constitution." The Constitution charges the President with the task of taking care that the laws be faithfully executed, and yet the President has counseled his aides to commit perjury, willfully disregard the secrecy of grand jury proceedings, conceal surreptitious entry, attempt to compromise a federal judge, while publicly displaying his cooperation with the processes of criminal justice. "A President is impeachable if he attempts to subvert the Constitution."

If the impeachment provision in the Constitution of the United States will not reach the offenses charged here, then perhaps that 18th-century Constitution should be abandoned to a 20th-century paper shredder. ...

¹. Federalist 65.

The Founders gave us a way of dealing with Presidents and Vice-Presidents who have contempt for the rule of law, the Constitution and the Congress. Thirty-three years ago this summer, Americans remembered that we the people, through our Representatives in Congress assembled, not the tenant in the White House, are in charge around here. Begin with the Vice-President if you must, Mr. Chairman, but begin.

Hurry up, please, it's time.