Page:Impeachment of Donald J. Trump, President of the United States — Report of the Committee on the Judiciary, House of Representatives.pdf/159

 determination even though it had "been able to conduct an investigation and determine that grounds for impeachment exist," despite "the President's refusal to comply." On that point, the Committee observed that President Nixon's obstruction "was not without practical import," since "[h]ad it received the evidence sought by the subpoenas, the Committee might have recommended articles structured differently or possible ones covering other matters."

President Nixon's obstruction of the House impeachment inquiry featured in two of the three articles approved by the Judiciary Committee. Article II charged President Nixon with abuse of power, including "failing to act when he knew or had reason to know that his close subordinates endeavored to impede and frustrate lawful inquiries by duly constituted executive, judicial and legislative entities concerning the unlawful entry into the headquarters of the Democratic National Committee, and the cover-up thereof, and concerning other unlawful activities . . . ."

More directly, Article III charged President Nixon with abusing his power by interfering with the discharge of the Judiciary Committee's responsibility to investigate fully and completely whether sufficient grounds existed to impeach him:

"In refusing to produce these papers and things, Richard M. Nixon, substituting his judgment as to what materials were necessary for the inquiry, interposed the powers of the Presidency against the lawful 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 . . .."

President Nixon's case is thus persuasive authority that Presidential defiance of a House impeachment inquiry may constitute "high Crimes and Misdemeanors."

This Committee took the same view in President Clinton's case. The fourth article of impeachment against President Clinton charged that he had "impaired the due and proper administration of justice and the conduct of lawful inquiries, and contravened the authority of the legislative branch and the truth seeking purpose of a coordinate investigative proceeding." Specifically, it accused him of failing to respond to certain written requests and making false and