[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1319 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. RES. 1319
Impeaching Joseph Robinette Biden, Jr., President of the United States,
for high crimes and misdemeanors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2024
Mr. Mills submitted the following resolution; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
RESOLUTION
Impeaching Joseph Robinette Biden, Jr., President of the United States,
for high crimes and misdemeanors.
Resolved, That Joseph Robinette Biden, Jr., President of the United
States, is impeached for high crimes and misdemeanors and that the
following articles of impeachment be exhibited to the United States
Senate:
Articles of impeachment exhibited by the House of Representatives
of the United States of America in the name of itself and of the people
of the United States of America, against Joseph Robinette Biden, Jr.,
President of the United States of America, in maintenance and support
of its impeachment against him for high crimes and misdemeanors.
article i: abuse of power
The Constitution provides that the House of Representatives ``shall
have the sole Power of Impeachment'' and that the President ``shall be
removed from Office on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors''. In his conduct of the
office of President of the United States, and in violation of his
constitutional oath faithfully to execute the office of President of
the United States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in violation of
his constitutional duty to take care that the laws be faithfully
executed, Joseph Robinette Biden, Jr., has abused the powers of the
Presidency, in that:
Using the powers of his high office, President Biden solicited a
``quid pro quo'' with the foreign Government of Israel by withholding
precision guided weapons shipments in order to try and extract military
policy changes. President Biden sought to pressure the Government of
Israel to take steps by conditioning official United States Government
acts of significant value to Israel. After initial reports surfaced,
President Biden confirmed them and openly stated ``I made it clear that
if they go into Rafah--they haven't gone in Rafah yet--if they go into
Rafah, I'm not supplying the weapons that have been used historically
to deal with Rafah, to deal with the cities - that deal with that
problem.''.
President Biden engaged in this scheme or course of conduct for
corrupt purposes in pursuit of personal political benefit. In so doing,
President Biden used the powers of the Presidency in a manner that
compromised the national security of the United States and undermined
the integrity of the United States democratic process. He thus ignored
and injured the interests of the Nation.
Wherefore President Biden, by such conduct, thus warrants
impeachment and trial, removal from office, and disqualification to
hold and enjoy any office of honor, trust, or profit under the United
States.
article ii: failure to faithfully execute laws
The Constitution provides that the House of Representatives ``shall
have the sole Power of Impeachment'' and that the President ``shall be
removed from Office on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors''. In his conduct of the
office of President of the United States, and in violation of his
constitutional oath faithfully to execute the office of President of
the United States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in violation of
his constitutional duty to take care that the laws be faithfully
executed, Joseph Robinette Biden, Jr., has abused the powers of the
Presidency, in that:
President Biden has allowed aliens to enter the United States in
violation of the immigration laws, thwarted the will of Congress as set
forth in duly enacted law by not completing the southern border wall,
and deprived border agents of the sufficient manpower and resources
needed to secure the border and its physical infrastructure.
His conduct has included the following:
(1) President Biden's Department of Homeland Security
(hereinafter referred to as ``DHS'') has willfully refused to
maintain operational control of the border as required by the
Secure Fence Act of 2006. His actions have directly led to an
increase in illegal aliens and illegal narcotics, including
deadly fentanyl, entering the United States.
(2) President Biden's administration has willfully violated
the Immigration and Nationality Act by releasing illegal aliens
into the interior of the United States. The Act clearly
requires DHS to detain aliens seeking admission to the United
States while they are processed. By law, DHS does not have the
option to simply release aliens into the interior of the United
States.
(3) President Biden has reinstituted the catch and release
policies of the Obama administration and has released aliens
into the interior of the United States without issuing the
aliens notices to appear.
(4) Under President Biden's administration, the Department
of Homeland Security terminated the Migrant Protection
Protocols, which provided a pathway to process claims in
compliance with the law, and served as a deterrent to illegal
immigration and aliens making fraudulent asylum claims.
(5) As a result of President Biden's policies, Customs and
Border Patrol (hereinafter referred to as ``CBP'') encounters,
and those evading capture, have increased by millions since he
became President.
(6) In addition to illegal aliens, President Biden's
policies have led to a significant increase in illegal drug
smuggling across the southern border. Fentanyl now kills
hundreds of Americans every day.
President Biden, by these actions, has made the border less secure
and encouraged aliens to enter the United States illegally instead of
taking actions to maintain operational control of the border. His
actions have thwarted the will of Congress as set forth in duly enacted
law and the core tenets of the Constitution.
President Biden engaged in this scheme or course of conduct for
corrupt purposes in pursuit of personal political benefit. In so doing,
President Biden used the powers of the Presidency in a manner that
compromised the national security of the United States and undermined
the integrity of the United States democratic process. He thus ignored
and injured the interests of the Nation.
Wherefore President Biden, by such conduct, thus warrants
impeachment and trial, removal from office, and disqualification to
hold and enjoy any office of honor, trust, or profit under the United
States.
article iii: separation of powers
The Constitution provides that the House of Representatives ``shall
have the sole Power of Impeachment'' and that the President ``shall be
removed from Office on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors''. In his conduct of the
office of President of the United States, and in violation of his
constitutional oath faithfully to execute the office of President of
the United States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in violation of
his constitutional duty to take care that the laws be faithfully
executed, Joseph Robinette Biden, Jr., has abused the powers of the
Presidency, in that:
The Constitution establishes three separate but equal branches of
government: the legislative branch to make law, the executive branch to
enforce these laws, and the judicial branch for judicial review of
these laws and their enforcement. President Biden attempted to
unilaterally rewrite Federal statute and cancel hundreds of billions of
dollars of student loans for tens of millions of borrowers without
congressional approval. President Biden himself had previously admitted
it was Congress that would need to act, stating ``I don't think I have
the authority'' in response to questioning over student loan
forgiveness. President Biden later contradicted himself by directing
his Secretary of Education to deceptively reinterpret congressional
statute. These actions were unsupported in Congress and ultimately
overturned by the Supreme Court, as they explained in Biden v.
Nebraska:
Shortly after the September 11 terrorist attacks, Congress became
concerned that borrowers affected by the crisis, particularly those who
served in the military, would need additional assistance. As a result,
it enacted the Higher Education Relief Opportunities for Students Act
of 2001. That law provided the Secretary of Education, for a limited
period of time, with ``specific waiver authority to respond to
conditions in the national emergency'' caused by the September 11
attacks (115 Stat. 2386). Rather than allow this grant of authority to
expire by its terms at the end of September 2003, Congress passed the
Higher Education Relief Opportunities for Students Act of 2003 (HEROES
Act) (117 Stat. 904). That Act extended the coverage of the 2001
statute to include any war or national emergency, not just the
September 11 attacks. By its terms, the Secretary ``may waive or modify
any statutory or regulatory provision applicable to the student
financial assistance programs under title IV of the [Education Act] as
the Secretary deems necessary in connection with a war or other
military operation or national emergency''.
Under the Government's reading of the HEROES Act, the Secretary
would enjoy virtually unlimited power to rewrite the Education Act. The
economic and political significance of the Secretary's action is
staggering by any measure. A budget model issued by the Wharton School
of the University of Pennsylvania estimates that the program will cost
taxpayers ``between $469 billion and $519 billion'', depending on the
total number of borrowers ultimately covered. It amounts to nearly one-
third of the Government's $1.7 trillion in annual discretionary
spending. The sharp debates generated by the Secretary's extraordinary
program stand in stark contrast to the unanimity with which Congress
passed the HEROES Act. A decision of such magnitude and consequence on
a matter of earnest and profound debate across the country must rest
with Congress itself, or an agency acting pursuant to a clear
delegation from that representative body.
As then-Speaker of the House Nancy Pelosi explained: ``People think
that the President of the United States has the power for debt
forgiveness. He does not. He can postpone. He can delay. But he does
not have that power. That has to be an act of Congress.''. Press
Conference, Office of the Speaker of the House (July 28, 2021).
The Supreme Court has made it clear that unilateral debt
cancellation must have congressional input. President Biden, once
again, has ignored the Supreme Court. The new plan that was rolled out
in a statement by the White House on April 8, 2024, would forgive over
30 million students and would cost tens of billions of dollars, which
will lead to higher inflation and less money in Americans' pocketbooks.
Additionally, it violates the Fiscal Responsibility Act pay as you go
requirement.
President Biden engaged in this scheme or course of conduct for
corrupt purposes in pursuit of personal political benefit. In so doing,
President Biden used the powers of the Presidency in a manner that
undermined the integrity of the United States democratic process. He
thus ignored and injured the interests of the Nation.
Wherefore President Biden, by such conduct, thus warrants
impeachment and trial, removal from office, and disqualification to
hold and enjoy any office of honor, trust, or profit under the United
States.
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