Page:Impeachment of Donald J. Trump, President of the United States — Report of the Committee on the Judiciary, House of Representatives.pdf/165

 finding investigations behind closed doors; that the Investigating Committees were required to allow agency attorneys to attend depositions; that the Minority was entitled to certain subpoena powers; and that the House engaged in "threats and intimidation" by informing Executive Branch subpoena recipients of the legal consequences of their failure to comply with duly authorized Congressional subpoenas.

The President has asserted many procedural arguments, but they all fail for similar reasons. First, the House—not the President—has the "sole Power of Impeachment" and the sole power "to determine the Rules of its Proceedings." President Trump's process complaints thus concern matters entrusted to the exclusive discretion of the House. His disagreement with how the House has organized its hearings and carried out its investigations offers no excuse for breaking the law and directing others to do so. Second, as already described, impeachment proceedings are not criminal in character and involve only the charging-style decision on whether to accuse the President of "high Crimes and Misdemeanors." Thus, although President Trump has described his demands as seeking "due process," none of these procedures are "due" to him under the Constitution here. Third, President Trump's demands have no basis in history or prior practice, which cut against him. Finally, in passing H. Res. 660, the House implemented procedural protections for the President that exceed (or are consistent with) those afforded to Presidents Nixon and Clinton. See supra The Impeachment Inquiry. The fact that President Trump declined to take advantage of these protections does not excuse his across-the-board stonewalling of