IMPEACHMENT: A Guide for Candidates - Need to Impeach
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IMPEACHMENT:
A Guide for
Candidates
{ An Explainer About the Meaning and History of Impeachment
{ Donald Trump’s Eight Impeachable Offenses
{ FAQ on Impeachment“ He might lose his capacity after his appointment. He might What Is
pervert his administration into a scheme of peculation or
Need to
Impeach?
oppression. He might betray his trust to foreign powers.”
JAME S MADIS ON ON IMPE ACHMENT, 1 78 7
Dear Candidate:
Tom Steyer launched the Need to Impeach movement on October
This booklet contains the materials you need to understand
20, 2017, calling on supporters to sign an online petition. More than
the issues regarding the case for the impeachment of Donald
5 million people have since signed the petition, creating a digital
Trump, including a brief history of impeachment, an explanation
army of supporters that many political strategists call a formidable
of the term “high crimes and misdemeanors,” an overview of
and powerful political tool. Learn more at:
Donald Trump’s impeachable offenses, and a list of frequently
asked questions. www.NeedtoImpeach.com
As a candidate seeking elected office, it is important for you
to understand this subject, which is too often misunderstood.
Donald Trump is a clear and present danger to our country,
and his actions have already superseded the threshold for
impeachment as originally conceived by our nation’s Founding
Fathers. With this guide, we hope to share why our grassroots
movement, powered by millions of Americans, is demanding to
hold Trump accountable for his offenses.
We thank you for taking the courageous step to pursue
public life and service for our country. Please consider us as
a resource to help inform you about the steps we must take
to remove one of the gravest dangers our country has ever
confronted.
Sincerely,
Tom SteyerThe Top Five Reasons Need to Impeach Supporters Support for Impeachment Increases When Mueller’s Investigation
Believe Donald Trump Should Be Impeached Uncovers Wrongdoing by the Trump Campaign
1
We recently asked Need to Obstructed justice by firing FBI Director Recent polling by Stand Up America and Greenberg Quinlan Rosner
Impeach supporters for the demonstrates that support for impeachment will increase if Special Counsel
James Comey (92 percent)
top five reasons they believe Robert Mueller uncovers almost any type of illegal coordination, obstruction
2
Donald Trump should be of justice, or financial crime committed by Donald Trump, his aides, or his
impeached. They answered campaign regardless of Trump’s direct involvement with the wrongdoing.
58 legal scholars say he’s committed
as follows:
impeachable offenses (91 percent)
3
Imagine this summer, Special Counsel Mueller announces he has proof that... At % Support % Oppose
that point, would you support or oppose the impeachment of President Trump? Impeachment Impeachment
[Illegal coordination, Trump involved] He has proof that top people on Trump’s campaign
Enriched himself and his family (91 percent) worked illegally with Russia to undermine the 2016 election, and announces that Donald
Trump was personally involved in these efforts.
65% 35%
4
[No Illegal coordination, but financial crimes involving Trump] There is no clear evidence
63%
that Donald Trump or his campaign worked illegally with Russia to undermine the 2016
He is too unstable to have nuclear weapons election. But, during his investigation Mueller found evidence of crimes like money 37%
laundering committed by Trump’s real estate company, done at his personal direction, in
advance of the 2016 election.
(91 percent)
5
[Illegal coordination, Trump not involved, plus obstruction involving Trump] He has proof
that top people on Trump’s campaign worked illegally with Russia to undermine the 2016
election, but Trump himself was not personally involved. However, he does find proof that 62% 38%
Donald Trump personally obstructed justice in attempt to cover up his staff’s actions, such
Colluded with Russia (90 percent) as by firing FBI Director James Comey to try to block the Russia investigation.
[Obstruction, Trump involved] There is no clear evidence that Donald Trump or his
campaign worked illegally with Russia to undermine the 2016 election. However, he does
find proof that Donald Trump repeatedly obstructed justice, such as by firing FBI director
62% 38%
James Comey to try to block the Russia investigation.
Source: Change Research
[Illegal coordination, Trump not involved] He has proof that top people on Trump’s
campaign worked illegally with Russia to undermine the 2016 election, but cannot prove 59% 41%
that Trump himself was personally involved.
[Obstruction, Trump not involved] There is no clear evidence Donald Trump or his
campaign worked illegally with Russia to undermine the 2016 election. However, he does
find proof that many of the top people on the Trump campaign and staff, although not 58% 42%
Trump himself, repeatedly obstructed justice, such as by pushing for firing FBI Director
James Comey to try to block the Russia Investigation
Source: Stand Up America/Greenberg Quinlan Rosner
Impeachment: A Guide for CandidatesVoters Less Likely to Re-Elect Mueller Investigation Inquiring What is Impeachment? What Does “High Crimes
Republican Members of about Trump’s Finances and and Misdemeanors” Mean?
Congress for Attacking Robert Russian Business Dealings
Mueller and His Investigation
Both Independents and Republicans are less Special Counsel Robert Mueller and his The Founding Fathers granted Congress the Alexander Hamilton suggested that this meant
likely to re-elect a Republican Member of investigators are homing in on Donald Trump’s power of impeachment as a key part of our the “abuse or violation of some
Congress if he or she was involved in efforts to finances and business dealings in Russia. system of checks and balances—in this case,
public trust.”
attack or stall Robert Mueller’s investigation. According to multiple news sources, Mueller the legislative branch (Congress) checking the
and his team are asking witnesses about executive (the president). That may seem hard to classify, but we
Now, imagine that Special Counsel Mueller announces this Trump’s financial dealings in Russia prior to his do know that they granted this power to
This power was granted as a fail-safe in case
summer he has evidence of criminal activity by President 2016 presidential run. Congress instead of the judiciary because
Trump and his team, such as working illegally with Russia the country could not wait for another election
impeachable offenses are not necessarily
to undermine the 2016 election, or obstructing justice to The Mueller investigation is asking about: to vote a president out of office.
block the truth from coming out. At that point, if you found criminal offenses, though criminal
out that your member of Congress had been involved • The timing of Trump’s decision to run for As it is laid out in the Constitution, “the offenses could be used to build a case for
in efforts to attack or stall Special Counsel Mueller’s impeachment.
president President shall be removed from office
investigation, would that make you more or less likely to
vote for the re-election of your member of Congress? on impeachment for, and conviction of,
• hether Russia had compromising
W
treason, bribery, or other high crimes
% “less likely to vote to re-elect” information on Trump A president caught shoplifting
and misdemeanors.”
Total: 64%
might cause a stir—but the crime
• The failure of an attempt to brand and
Independents: 71% open a Trump Tower in Moscow
Importantly, impeachment is just one step committed would not amount to
All Republicans: 58% in the process of removing a president from
a misuse or abuse of presidential
Republicans in GOP-held Bottom line: Mueller’s team is ratcheting office. If there is a simple majority on one or
House Districts: 62%
up the pressure and closing in on Trump’s more articles of impeachment introduced in
authority, and would therefore not be
grounds for impeachment.
finances. More damning evidence of links the House of Representatives, then the case
Source: Stand Up America/Greenberg Quinlan Rosner
between Russia and Trump is likely to follow. is presented to the Senate, which holds a
There is also no evidence that a robust defense trial before a vote that requires a two-thirds
of Robert Mueller will erode the congressional majority for removal from office. On the other hand, taking
a six-
vote for Democrats in 2018. Indeed, recent month vacation in the middle
polling conducted by Stand Up America and of one’s term in office may not
Greenberg Quinlan Rosner demonstrates
be a criminal act—but it would
that support for Democrats on a generic
congressional ballet increases when voters warrant impeachment.
are exposed to the facts about the Mueller
investigation and to the Trump campaign’s
alleged complicity with Russia.
Impeachment: A Guide for CandidatesPast Impeachment
Proceedings In U.S. History
Past Congresses have Johnson was charged with making
unconstitutional appointments,
initiated impeachment misusing federal funds, and
violating federal law when he
proceedings against
removed Secretary of War Edwin Stanton,
defying the Tenure of Office Act that Congress
Though Richard Nixon resigned
had passed the year before—over his veto.
three presidents—
before the House could complete the
Over March 2-3, 1868, the House adopted
impeachment process, over July 27-
11 articles of impeachment against Johnson,
30, 1974, they passed three articles of
Andrew Johnson,
including one for giving three speeches that
were disrespectful to Congress. impeachment—obstruction of justice,
abuse of power, and contempt
Richard Nixon, and of Congress—primarily linked to the
Watergate scandal.
Bill Clinton. On December 19, 1998, Bill
Clinton
was impeached for perjury and
obstructing justice amid a sexual
harassment lawsuit filed by Paula
Jones, which uncovered his affair with
Monica Lewinsky.
These previous efforts to remove presidents from office,
along with subsequent legal debates, provide precedents
and standards for impeachment—and Donald Trump has
far surpassed them.
Impeachment: A Guide for CandidatesTrump’s Eight Impeachable Offenses
1 2 3 Conspiring with others to commit 4
Violating the Emoluments Clause crimes against the United States, and Advocating violence and undermining
Obstructing Justice of the U.S. Constitution attempting to conceal those violations equal protection under law
• After taking office, Trump asked FBI • The Constitution’s Foreign Emoluments • In the middle of the 2016 election, Trump’s • When Trump gave cover to the
Director James Comey to abandon the Clause prohibits the president from son was invited to meet with a Russian neo-Nazis who rioted in Charlottesville
investigation into Russian interference accepting personal benefits from any national regarding “information that would and murdered a protester, he violated his
in the 2016 election—which the FBI had foreign government or official. incriminate Hillary and...would be very obligation to protect the citizenry against
already connected to Michael Flynn. useful to” Donald Trump. domestic violence.
• Trump has retained his ownership interests
• When Comey refused to alter course, in his family business while he is in office. • The Russian, Natalia Veselnitskaya, had ties • When Trump encouraged police officers
Trump fired him. to high-ranking Kremlin officials. to rough up people they have under
• Thus, every time a foreign official stays at
arrest, he violated his obligation to
• Trump then admitted the firing was over a Trump hotel, or a foreign government • Donald Trump Jr., Paul Manafort, and
oversee faithful execution of the laws.
“the Russia thing” in a televised interview. approves a new Trump Organization Jared Kushner took the meeting, offering a
project, or grants a trademark, Trump is in change to the 2012 Magnitsky Law in return • When Trump shared anti-Muslim content
• In a tweet months later, he stated that he
violation of the emoluments clause. for dirt on Clinton. on Twitter, he violated his obligation to
“had to fire Michael Flynn because he
uphold equal protection of the laws.
lied to the FBI” —further affirming that he For example: Shortly after he was sworn into • Federal law prohibits campaigns from
office, the Chinese government gave preliminary
dismissed James Comey in an attempt to soliciting anything of value from a foreign • This represents a pattern of disregard
approval to 38 trademarks of Trump’s name.
quash the FBI’s investigation. Then in June, China approved nine Donald Trump
national. for some of the president’s basic
trademarks they had previously rejected. responsibilities as defined by the
BOTTOM LINE: Trump has repeatedly • After journalists broke this story, Trump
Constitution.
attempted to interfere in the Russia • And every time he goes to golf at a Trump personally dictated a public statement
investigation, and admitted as much. property, he funnels taxpayer money into on behalf of his son that lied about the BOTTOM LINE: Trump has demonstrated a
his family business—violating the Domestic intended purpose of the meeting. pattern of behavior amounting to advocating
Emoluments Clause. violence, undercutting equal protection, and,
• This relationship between the Trump team
as a result, failing basic Constitutional duties.
BOTTOM LINE: Because Trump never divested and the Russian national raises questions
from his business interests, he violates of whether the campaign aided a hostile
the Constitution every time the Trump foreign power’s active operation against the
Organization has business dealings with United States.
foreign or American government officials.
BOTTOM LINE: Trump tried to cover up his
campaign’s contacts with a Russian national—
which, at the very least, constituted a violation
of federal law.
Impeachment: A Guide for CandidatesTrump’s Eight Impeachable Offenses
5 6 Engaging in conduct that grossly 7 Directing law enforcement to investigate 8
endangers the peace and security and prosecute political adversaries for
Abusing the pardon power of the United States improper and unjustifiable purposes Undermining the freedom of the press
• President Trump’s decision to pardon • High-ranking administration officials • President Trump has repeatedly pressured • President Trump has repeatedly attacked
Joe Arpaio amounted to an abuse of involved in foreign affairs have signaled the Department of Justice and the FBI the concept of an independent press.
the pardon power that revealed his that Trump does not have the capacity to to investigate and prosecute political
• He’s called critical coverage “fake
indifference to individual rights and equal make informed decisions in the event of a adversaries like Hillary Clinton.
news” and journalists “the enemy of
protections. military crisis.
• This is not based in concerns with national the American people,” made threats to
• Joe Arpaio was convicted for contempt • Even worse, his actions could spark a security, law enforcement, or any other change libel laws and revoke licenses,
of court after ignoring a court order that needless confrontation stemming from function of his office—it is an attempted and his battles with CNN led him to try
he stop detaining and searching people misunderstanding or miscalculation. power play, plain and simple. to interfere in the AT&T/Time
based on the color of their skin, which Warner merger.
• We see this in full effect every time Trump • There’s no question that this constitutes an
constitutes a violation of their rights.
tweets or makes a public statement outrageous and inappropriate abuse of • This demonstrates his unwillingness to
• Pardoning this conviction goes against taunting and threatening the North Korean executive branch powers and serves as respect and uphold the Constitution, and
the Fifth Amendment, which allows the regime. clear grounds for impeachment. disdain for the crucial foundations to our
judiciary to issue and enforce injunctions free society.
• The president may be the “Commander in BOTTOM LINE: Trump’s threats against
against government officials who flout
Chief of the Army and Navy of the United political opponents are threats against BOTTOM LINE: Trump’s threats against
individual rights.
States,” but that does not give him the right American democracy. freedom of the press are also threats against
BOTTOM LINE: Trump’s pardon of Joe Arpaio to behave in reckless or wanton ways that American democracy.
violates the Fifth Amendment and harms the put millions of lives at risk.
guarantee of Constitutional rights.
• If he is unfit to perform his duties as
Commander in Chief, he cannot be allowed
to remain in the position.
BOTTOM LINE: Trump cannot be permitted to
recklessly and needlessly endanger millions of
Americans over his unstable behavior.
Impeachment: A Guide for CandidatesFrequently Asked
Questions FAQ About Impeachment
Why talk about impeachment now, with Shouldn’t we want Democrats talking about Moreover, 57 percent of Americans do not • Moving forward with impeachment
Republicans in control of Congress and their policy priorities and how they will believe this president is fit for office, and would not set any new precedent—we are
an increasing number are in support of
clearly unwilling to move forward with actually help people if we want to take back applying the same historical standard that
impeachment regardless of party identification.
proceedings? one or both houses of Congress? Congress used to justify impeachment
Quinnipiac also reported that 45 percent proceedings for Richard Nixon and Bill
• Americans who sense that this president is • The issues that Americans care about are of Americans support impeachment as
Clinton.
unfit and should be removed from office all important. This is one of them. Pundits of January 10, 2018. Last August, a Public
need to know that they aren’t wrong—they and politicians who want to avoid taking a Religion Research Institute poll showed • That should not stop us from finding the
support at 40 percent, a 10-point increase
have history, the Constitution, and a near- stand on impeachment tell us this should courage to do what is right.
from February 2016, just six months prior.
majority of the public already on their side. be a matter of political calculation, but
Let’s say we succeed in removing Trump from
let’s be clear: it is a false choice. • But there’s perhaps no better evidence
• The president has more than met the office. Wouldn’t Mike Pence be worse?
than what voters in Virginia, New Jersey,
standard for impeachment, and the only • Nothing is preventing Democrats from
and Alabama had to say when they went • We should not let “what ifs” derail morally
thing holding the process back is political promoting an agenda focused on building
to the polls at the end of last year—they right and urgently necessary action.
calculation. a fairer economy, improving the health
don’t want “yes men” for Trump, they
care system, and creating a more equal • It’s also important to keep in mind that
• If candidates like you, representing your want representatives who will serve as a
and just society—while also underscoring our work will not end with impeachment.
constituents, won’t speak up, then who check against him.
the need to impeach this president. In fact, Democracy is not a spectator
will?
we think they’re all part of the same long- Doesn’t this set a dangerous precedent in sport—we can’t disengage once the
• Candidates and elected officials all term campaign. which Republicans will try to impeach a Trump administration comes to an end.
over the country are already supporting future Democratic president over differences
• We believe that impeachment is essential
impeachment efforts. We need to make in policy?
for the health of our democracy, and that
sure the president understands that his
making this case can boost turnout among • Republicans may claim that this is just If we want to live in a country that
offenses are not going unnoticed.
the Democratic base. Here’s why: about differences in policy, but that’s guarantees dignity and respect for
ignoring the crisis at hand—Trump has every American, we need to continue
A recent poll from the nonpartisan Quinnipiac
clearly violated the Constitution, the spirit
University Polling Institute—which polling demanding a government that
guru Nate Silver has called a “gold standard” of his office, and the public trust, and there
pollster—has shown that 76 percent of must be consequences. serves the public interest, no matter
Democrats support impeachment, and who is in the Oval Office.
want to see their views reflected by their
representatives.
Impeachment: A Guide for Candidates“A good magistrate will not fear [impeachments].
A bad one ought to be kept in fear of them.”
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