Opening
Statement by Rep. Henry J. Hyde at Impeachment Trial of William J. Clinton
Rep. Henry J. Hyde
January 14, 1999
Mr. Chief Justice and Members of the Senate:
We are brought together on this most solemn and historic occasion to
perform important duties assigned to us by the Constitution.
We want you to know how much we respect you and this institution and
how grateful we are for your guidance and cooperation.
With your permission, we the Managers of the House are here to set
forth the evidence in support of two articles of impeachment against
President William Jefferson Clinton. You are here seated in this historic
chamber not to embark on some great legislative debate, which these
stately walls have so often witnessed, but to listen to the evidence, as
those who must sit in judgment.
To guide you in this grave duty you have taken an oath of impartiality.
With the simple words "I do," you have pledged to put aside
personal bias and partisan interest and to do "impartial
justice." Your willingness to take up this calling has once again
reminded the world of the unique brilliance of America's constitutional
system of government. We are here, Mr. Chief Justice and Distinguished
Senators, as advocates for the Rule of Law, for Equal Justice Under the
Law and for the sanctity of the oath.
The oath. In many ways the case you will consider in the coming days is
about those two words "I do," pronounced at two presidential
inaugurations by a person whose spoken words have singular importance to
our nation and to the great globe itself.
More than four hundred fifty years ago, Sir Thomas More, former Lord
Chancellor of England, was imprisoned in the Tower of London because he
had, in the name of conscience, defied the absolute power of the King. As
the playwright Robert Bolt tells it, More was visited by his family, who
tried to persuade him to speak the words of the oath that would save his
life, even while, in his mind and heart, he held firm to his conviction
that the King was in error. More refused. As he told his daughter,
Margaret, "When a man takes an oath, Meg, he's holding his own self
in his hands. Like water. And if he opens his fingers then – he needn't
hope to find himself again. . . ." Sir Thomas More, the most
brilliant lawyer of his generation, a scholar with an international
reputation, the center of a warm and affectionate family life which he
cherished, went to his death rather than take an oath in vain.
Members of the Senate, what you do over the next few weeks will forever
affect the meaning of those two words "I do." You are now
stewards of the oath. Its significance in public service and our cherished
system of justice will never be the same after this. Depending on what you
decide, it will either be strengthened in its power to achieve Justice or
it will go the way of so much of our moral infrastructure and become a
mere convention, full of sound and fury, signifying nothing.
The House of Representatives has named myself and twelve other Members
as managers of its case. I have the honor of introducing those
distinguished Members and explaining how we will make our initial
presentation. The gentleman from Wisconsin, Representative Jim
Sensenbrenner, will begin the presentation with an overview of the case.
Representative Sensenbrenner is the Ranking Republican Member of the House
Judiciary Committee, and has served for twenty years. In 1989,
Representative Sensenbrenner was a House Manager in the impeachment trial
of Judge Walter L. Nixon, who was convicted on two articles of impeachment
for making false and misleading statements before a federal grand jury.
Following Representative Sensenbrenner will be a team of managers who
will make a presentation of the relevant facts of this case. From the very
outset of this ordeal, there has been a great deal of speculation and
misinformation about the facts. That has been unfortunate for everyone
involved. We believe that a full presentation of the facts and the law by
the House Managers will be most helpful.
Representative Ed Bryant, from Tennessee, was the United States
Attorney from the Western District of Tennessee. As a captain in the Army,
Representative Bryant served in the Judge Advocate General Corps and
taught at the United States Military Academy at West Point. Representative
Bryant will explain the background of the events that led to the illegal
actions of the president.
Following Representative Bryant, Representative Asa Hutchinson from
Arkansas will give a presentation of the factual basis for Article II,
obstruction of justice. Representative Hutchinson is a former United
States Attorney for the Western District of Arkansas.
Next, you will hear from Representative Jim Rogan from California.
Representative Rogan is a former California state judge and Los Angeles
County deputy district attorney. Representative Rogan will give a
presentation of the factual basis for Article I, grand jury perjury. This
should conclude our presentation for today.
Tomorrow, Representative Bill McCollum of Florida will tie all of the
facts together and give a factual summation. Representative McCollum is
the chairman of the Subcommittee on Crime and is a former Naval Reserve
commander and member of the Judge Advocate General Corps.
Following the presentation of the facts, a team of managers will
present the law of perjury and the law of obstruction of justice and how
it applies to the articles of impeachment before you. While the Senate has
made it clear that a crime is not essential to impeachment and removal
from office, these managers will explain how egregious and criminal the
conduct alleged in the articles of impeachment is. This team includes
Representative George Gekas of Pennsylvania, Representative Steve Chabot
of Ohio, Representative Bob Barr of Georgia and Representative Chris
Cannon of Utah.
Representative Gekas is the Chairman of the Subcommittee on Commercial
and Administrative Law. In 1989, Representative Gekas served as a manager
of the impeachment trial of Judge Alcee Hastings, who the Senate convicted
on eight articles for making false and misleading statements under oath
and one article of conspiracy to engage in a bribery. Representative Gekas
is a former assistant district attorney.
Representative Chabot serves on the Subcommittee on Crime and has
experience as a criminal defense lawyer. Representative Barr is a former
United States Attorney for the Northern District of Georgia, where he
specialized in public corruption; he also has experience as a criminal
defense attorney. Representative Cannon has had experience as the Deputy
Associate Solicitor General of the Department of the Interior and as a
practicing attorney. That should conclude our presentation for Friday.
On Saturday, three managers will make a presentation on constitutional
law as it relates to this case. There has been a great deal of argument
about whether the conduct alleged in the articles rises to the level of
removable offenses. This team's analysis of the precedents of the Senate
and application of the facts of this case will make it clear that the
Senate has established the conduct alleged in the articles to be removable
offenses. In this presentation you will hear from Representative Charles
Canady of Florida, Representative Steve Buyer of Indiana and
Representative Lindsey Graham of South Carolina. Representative Canady is
the Chairman of the Subcommittee on the Constitution and one of the
leading voices on constitutional law in the House of Representatives.
Representative Buyer served in the United States Army as a member of the
Judge Advocate General Corps, where he was assigned as special assistant
to the United States attorney in Virginia. He also served as a deputy to
the Indiana attorney general. Representative Graham served in the Air
Force as a member of the Judge Advocate General Corps and as a South
Carolina assistant attorney.
Following the presentation of the facts, the law of perjury and
obstruction of justice and constitutional law, we will give you a final
summation and closing to our initial presentation.