B. Procedure in the House
§ 6. In General; Initiation and Referral of Charges
Generally
Under the modern practice, an impeachment is normally instituted by the House by the adoption of a resolution calling for a committee investigation of charges against the officer in question. This committee may, after investigation, recommend the dismissal of charges or it may recommend impeachment. Impeachment—Selected Materials, Committee on the Judiciary, H. Doc. No. 93-7, Oct. 1973, p 699. A resolution recommending impeachment is reported to the House simultaneously with the articles of impeachment setting forth the grounds for the proposed action. § 8, infra. Following the adoption of a resolution to impeach, the House appoints managers to conduct the impeachment trial in the Senate. The Senate is then informed of these facts by resolution. Manual § 607; Deschler Ch 14 § 9. When this resolution reaches the Senate, the Senate advises the House as to when the Senate will receive the managers appointed by the House. The managers then present themselves and the impeachment articles to the Senate, the House reserving the right to file additional articles later. Manual § 608a; Deschler Ch 14 §§ 10, 11.
Initiation of Charges
In most cases, impeachment proceedings in the House have been initiated either by introducing a resolution of impeachment through the hopper or by offering a resolution of impeachment on the floor as a question of the privileges of the House. Manual § 603; Deschler Ch 14 § 5.
In the House, various events have been credited with setting an impeachment in motion, including:
- Charges initiated by a petition from one or more citizens and referred to committee. 3 Hinds §§ 2364, 2491, 2494.
- Charges transmitted in a message from the President. 3 Hinds §§ 2294, 2319; 6 Cannon § 498.
- Charges transmitted from the legislature of a state. 3 Hinds § 2469.
- Charges arising from a grand jury investigation. 3 Hinds § 2488.
- Charges arising from an independent counsel investigation under section 595(c) of title 28, United States Code. Manual § 603.
In the 93d Congress, Vice President Agnew used a letter to the Speaker to attempt to initiate an investigation by the House of charges against him of possible impeachable offenses, but the House took no action on the request. Manual § 603.
In the 105th Congress, an independent counsel transmitted to the House under section 593 of title 28, United States Code, a communication containing evidence of alleged impeachable offenses by President William J. Clinton. The House adopted a privileged resolution reported by the Committee on Rules referring the communication to the Committee on the Judiciary, immediately releasing portions to the public, restricting Members’ access to the communication, and restricting access to committee meetings and hearings on the communication. Later, the House adopted a privileged resolution reported by the Committee on the Judiciary authorizing an impeachment inquiry by that committee. Manual § 603.
Referral to Committee
Resolutions introduced through the hopper that directly call for an impeachment are referred to the Committee on the Judiciary, whereas resolutions merely calling for a committee investigation with a view toward impeachment are referred to the Committee on Rules. Deschler Ch 14 §§ 5.10, 5.11. In the 105th Congress the House adopted a privileged resolution reported by the Committee on Rules referring a communication from an independent counsel alleging certain impeachable offenses against President William J. Clinton to the Committee on the Judiciary. Later, the House adopted a privileged resolution reported by the Committee on the Judiciary authorizing an impeachment inquiry by that committee. Manual § 603.
All impeachments to reach the Senate since 1900 have been based on resolutions reported by the Committee on the Judiciary. Before that committee’s creation in 1813, impeachments were referred to a special committee for investigation. Manual § 603; 6 Cannon § 657ohasn't impeached; she has only called for the investigation (which was actually already going on). They'll do all of the investigation, and then there will be a House-wide vote on whether to impeach. That comes later.