Page:Impeachment of Donald J. Trump, President of the United States — Report of the Committee on the Judiciary, House of Representatives.pdf/69

 government. Impeachment is a constitutional safety valve; to fulfill this function, it must be flexible enough to cope with exigencies not now foreseeable."

D.The Limited Relevance of Criminality

As demonstrated, the President can commit "high Crimes and Misdemeanors" without violating federal criminal law. "To conclude otherwise would be to ignore the original meaning, purpose and history of the impeachment power; to subvert the constitutional design of a system of checks and balances; and to leave the nation unnecessarily vulnerable to abusive government officials." Yet the criminal law is not irrelevant. "Our criminal codes identify many terrible acts that would surely warrant removal if committed by the chief executive." Moreover, the President is sworn to uphold the law. If he violates it while grossly abusing power, betraying the national interest through foreign entanglements, or corrupting his office or elections, that weighs in favor of impeaching him.

VI.Addressing Fallacies About Impeachment

Since the House began its impeachment inquiry, a number of inaccurate claims have circulated about how impeachment works under the Constitution. To assist the Committee in its deliberations, we address six issues of potential relevance: (1) the law that governs House procedures for impeachment; (2) the law that governs the evaluation of evidence, including where the President orders defiance of House subpoenas; (3) whether the President can be impeached for the abuse of his executive powers; (4) whether the President's claims regarding his motives must be accepted at face value; (5) whether the President is immune from impeachment if he attempts an impeachable offense but is caught before he completes it; and (6) whether it is preferable to await the next election when a President has sought to corrupt that very same election.

A.The Impeachment Process

It has been argued that the House has not followed proper procedure in its ongoing impeachment inquiry. We have considered those arguments and find that they lack merit. To start with first principles, the Constitution vests the House with the "sole Power of Impeachment." It also vests the House with the sole power to "determine the Rules of its Proceedings." These provisions authorize the House to investigate potential "high Crimes and Misdemeanors," to draft and debate articles of impeachment, and to establish whatever rules and procedures it deems proper for those proceedings.