DISSENTING VIEWS
TABLE OF CONTENTS
I. Introduction1 II. Procedural Background.2 A. Impeachment Proceedings Without Authorization2 B. The Bifurcation of Impeachment Inquiry Proceedings Under H. Res. 660.2 C. Committee Proceedings Under H. Res. 6603 1. Failure to Schedule a Minority Hearing Day3 2. Staff Presentation4 3. Rejection of All Republican Witness Requests4 III. Factual Background5 IV. Article I Fails to Establish an Impeachable Offense5 A. Impeachment in the House of Representatives Requires Clear and Convincing Evidence of Specific Impeachable Conduct. The Majority Has Not Met Its Burden7 B. Abuse of Power Allegations Are Overbroad and Fail to Allege Specific Impeachable Conduct8 1. Claims About the 2020 Election are Hyperbolic and Misleading.9 2. Prior Presidential Impeachments Were All Based on Criminality10 3. This is the First Presidential Impeachment Where the Primary Allegations Have Not Been Proven.11 C. The Majority Fails to Explain Why Asking About Hunter Biden's Role on Burisma Board of Directors is a High Crime or Misdemeanor12 V. Article II Fails to Establish an Impeachable Offense13 A. Obstruction of Congress Does Not Constitute a High Crime or High Misdemeanor While Further Recourse is Available14 B. An Impeachment Inquiry Does Not Elevate the House of Representatives Above Fundamental Privileges16 C. The Majority's Failure to Conduct an Impeachment Inquiry in Accordance with Precedent has Led to Ex Post Facto Characterizations of that Inquiry17