Impeachment Hearings: House Judiciary Committee, July 30, 1974 (2/2)
Impeachment Hearings: House Judiciary Committee, July 30, 1974 (2/2)
[01.23.35] The CHAIRMAN. The gentleman is recognized. Mr. WALDIE. Mr. Chairman, I want to speak against this article. The CHAIRMAN. The gentleman has I minute and 15 seconds. Mr. WALDIE. I speak against this article because of my theory that the impeachment process is a process designed to redefine Presidential powers in cases where there has been enormous abuse of those powers and then. to limit the powers as a concluding result of the impeachment process. And though I find the conduct of the President in these, instances to have been shabby, to have been unacceptable, and to have been disgraceful even, I do not find a Presidential power that has been so grossly abused that it deserves redefinition and limiting. if there has been any abuse of a Presidential power it has been that the President may have utilized his office to -cower the Internal Revenue Service from conducting a complete and thorough investigation. That has not been alleged. If that had been the case, that should have been included within article II of yesterday's action on this committee, when we were dealing -with the failure of the. President to faithfully execute the law. I do find then, that, this is not an abuse of power sufficient to warrant impeachment and thereby a redefinition and a limitation of that power, and I hope the article will be rejected. The CHAIRMAN. The time of the gentleman has expired. The gentleman from Michigan has 15 minutes remaining. Mr. HUTCHINSON. How much. time has the gentleman from--- The CHAIRMAN. The gentleman from Iowa has 11 minutes remaining. I recognize the gentleman from Michigan. Mr. HUTCHINSON. Mr. Chairman, 1 yield 5 minutes to the gentleman from Virginia , Mr. Butler. The CHAIRMAN. Mr. Butler is recognized for 5 minutes. Mr. BUTLER. Thank you, Mr. Chairman. I yield 2 minutes to the gentleman from Utah, Mr. Owens. The CHAIRMAN. Mr. Owens. Mr. OWENS. I thank the gentleman from Virginia. I believe Mr. Nixon did knowingly underpay his taxes in the 4 years in question by taking unauthorized deductions, and that he knowingly ordered or caused to be ordered improvements on his properties in Florida and California at Government expense. These are offenses against the people and I think the Government should pursue its remedies. But you don't impeach for every offense, nor, on the other hand, do you excuse any offense by saying others did it. But whether to impeach or not is a question of judgment permitted to each of the members. Is it sufficient? Is it that serious? And on the evidence available, these offenses do not rise, in my opinion, to the level of impeachability. It is not, sufficient to the standards I set. I promised the people in Utah when I sat down to impeachment, that I 'would impeach only if there were hard evidence and which was sufficient to support conviction in the Senate, and I found it in four instances and I do not find it in this sixth, to -which I feel I must apply the same remedy. At least twice in the past, once at the first presentation of evidence and once as recently as 2 weeks ago, I asked the staff to obtain the sworn testimony of the President's attorneys and the appraiser and others, They were unable to got it, as I understand, because of the expressed wishes of the Special Prosecutor, Mr. Jaworski and so we are here having to decide this issue without any hard evidence which will sustain tying the President to the fraudulent deed or which will support, in my opinion, the inference and close the inferential gap that has to be closed in order to charge the President. The CHAIRMAN. The gentleman has consumed 2 minutes. Mr. OWENS. [continuing]. With an impeachment impeachable offense and based on that evidence, I urge my colleagues to--based on that lack of evidence, I urge my colleagues to reject this article. Mr. BUTLER. Mr. Chairman, I yield 2 minutes to the gentleman from Arkansas. Mr. THORNTON. I thank the gentleman for yielding. I think it is apparent that in this area there has been a breach of faith with the American people with regard to incorrect income tax returns and the improper expenditure of public funds, But it is my view that these charges may be reached in due course. in. the regular process of law. This committee is not, a tax court nor criminal court nor should it endeavor to become one. Our charge is serious and full enough, In determining whether- high crimes and misdemeanors affecting the security of our system of Government must be brought to the attention of the full House, debated there, and if found to exist, presented to the Senate. And to my view. by so doing and by bringing those serious charges to the, attention of the House which we have already brought we are doing our part to ensure that this system of justice--which Will enable all men to receive equal treatment before the law--will continue and can be applied in these instances which have been described to us tonight. [01.28.57]