Article II of the impeachment resolution (House Resolution 755) accuses President Donald Trump of “obstruction of Congress.” According to Article II, Trump “directed the unprecedented, categorical, and indiscriminate defiance of subpoenas issued by the House of Representatives pursuant to its ‘sole Power of Impeachment.’”
The Senate rejected Article II, acquitting President Trump of the obstruction-of-Congress charge, on February 5, 2020 by a vote of 47 to 53 (Roll Call 34). We have assigned pluses to the nays because the “obstruction of Congress” charge by no means rises to the level of the “high crimes and misdemeanors” for which a president may be impeached and removed from office. In fact, there is uncontestable truth to the charge: Trump did direct the executive branch to ignore subpoenas issued by highly partisan, pro-impeachment House committees. What is contested is whether a president may constitutionally ignore such subpoenas in the tug of war between the executive and legislative branches. But that is an issue for the federal judiciary, not impeachment, to decide.
