Should the House Formalize a Process for its Impeachment Inquiry Targeting President Trump? (H. Res. 660)

What is H. Res. 660?

(Updated September 25, 2020)

This resolution would direct six House committees to continue their ongoing investigations into whether sufficient grounds exist for the House of Representatives to impeach President Donald Trump (namely the Intelligence, Judiciary, Oversight, Foreign Affairs, Ways and Means, and Financial Services committees). It would also establish procedures for the committees to conduct hearings and depositions, including processes for the minority to suggest subpoenas or testimony from witnesses, which are described in greater detail below.

The House Intelligence Committee would have the ability to call open hearings related to the impeachment inquiry in which the majority and minority members would have equal time to question witnesses, and can waive the five-minute rule. There could be multiple periods of questioning, each of which would be limited to 90 minutes, and staff counsels could question witnesses for up to 45 minutes per side. 

The ranking minority member could submit a written request to the chair for relevant witness testimony, and could issue subpoenas with the concurrence of the chair. If the chair declines to concur, the ranking member could put the question to a vote by the committee. Depositions could be publicly released in an electronic format with appropriate redactions for classified and other sensitive information.

The House Intelligence Committee would be directed to issue a report with its findings, recommendations, and any supporting materials to the Judiciary Committee. The chairs of other relevant committees with records related to the impeachment inquiry could also transfer those materials to the Judiciary in consultation with their ranking minority members.

The House Judiciary Committee would be authorized to conduct impeachment inquiry proceedings and put forward procedures to allow for the participation of the president and his legal counsel, in addition to other rules it deems necessary for the “fair and efficient conduct” of hearings. The ranking minority member would have the ability to request witness testimony or issue subpoenas with the concurrence of the chair, and if the chair declines the ranking member could put the matter to a vote before the committee.

After it completes its inquiry, the House Judiciary Committee would report to the full House any resolutions, articles of impeachment, or other recommendations it deems necessary.

As a simple resolution, this legislation wouldn't advance beyond the House if it's adopted.

Argument in favor

This resolution outlines a fair and transparent process for the House of Representatives to carry out its impeachment inquiry of President Donald Trump.

Argument opposed

This resolution doesn’t go far enough to enable full participation by minority members of committees or protect the president’s right to due process.

Impact

Members of relevant House committees; the House of Representatives; potential witnesses; and President Donald Trump.

Cost of H. Res. 660

A CBO cost estimate is unavailable.

Additional Info

In-Depth: House Rules Committee Chairman Jim McGovern (D-MA) introduced this resolution to bring transparency to the House’s impeachment inquiry targeting President Donald Trump:

“This is a solemn time for our country. With our existing authority under the Constitution and the rules of the House, Congress has been investigating serious allegations involving President Trump and Ukraine. There is mounting evidence that the president abused his power and betrayed our national security while compromising the integrity of America’s elections. As committees continue to gather evidence and prepare to present their findings, I will be introducing a resolution to ensure transparency and provide a clear path forward, which the Rules Committee will mark up this week. This is the right thing to do for the institution and the American people.”

In a joint statement the chairs of four of the committees referenced in this resolution — including Intelligence Chair Adam Schiff (D-CA), Judiciary Chair Jerry Nadler (D-NY), Foreign Affairs Chair Eliot Engel (D-NY), and Acting Oversight Chair Carolyn Maloney (D-NY) — added:

“The evidence we have already collected paints the picture of a President who abused his power by using multiple levers of government to press a foreign country to interfere in the 2020 election. Following in the footsteps of previous impeachment inquiries, the next phase will move from closed depositions to open hearings where the American people will learn firsthand about the President’s misconduct.”

President Donald Trump has called House Democrats’ impeachment inquiry the “greatest witch hunt in American history” and has denied wrongdoing. White House Press Secretary Stephanie Grisham released a statement blasting Democrats' resolution:

"The resolution put forward by Speaker Pelosi confirms that House Democrats' impeachment has been an illegitimate sham from the start as it lacked any proper authorization by a House vote. It continues this scam by allowing Chairman Schiff, who repeatedly lies to the American people, to hold a new round of hearings, still without any due process for the President. The White House is barred from participating at all, until after Chairman Schiff conducts two rounds of one-sided hearings to generate a biased report for the Judiciary Committee. Even then, the White House's rights remain undefined, unclear, and uncertain - because those rules still haven't been written. This resolution does nothing to change the fundamental fact that House Democrats refuse to provide basic due process rights to the Administration." 

Trump's allies in Congress have also criticized Democrats for their handling of the impeachment inquiry, such as holding hearings behind closed doors, refusing to release transcripts of witness depositions, and selectively leaking evidence — all without holding a vote to formally launch the presidential impeachment inquiry, like the House did in the impeachments of Richard Nixon and Bill Clinton. House Minority Whip Steve Scalise (R-LA) has recommended that House Republicans vote against this resolution, which his office referred to as the “Continued Soviet-Style Impeachment Inquiry.” His whip notice added:

“For the last 35 days, House Democrats have been conducting an illegitimate impeach[ment] inquiry absent due process, fairness, or transparency. This resolution reaffirms and build upon that tainted process by using the biased evidence obtained as the foundation for impeachment... Democrats have selectively leaked evidence in an attempt to damage the President without providing the full body evidence, which has irrevocably tainted any outcome of the investigation. The resolution fails to provide the minority and the administration with the same due process rights which have been afforded in past presidential impeachments and is simply meant to authorize the production of a tainted document authored by Chairman Schiff.”

Media:

• House Rules Committee Press Release

• House Rules Committee Bill Text

• House Rules Committee Hearing

• White House Press Secretary Statement (Opposed)

• House Minority Whip Steve Scalise (R-LA) Press Release (Opposed)

• Countable (Context - Impeachment History)

• Countable (Context)