Materials on Presidential Impeachment and the 2020 Election (

Impeachment No. 2: Trump's presidency inches toward ignominious new milestone: Congress poised to impeach. Again. Question now is: What will this achieve?
Professor Clark Cunningham interview analyzing proposed Article of Impeachment against President Trump aired at 9pm, Jan 11, 2021, on Canada's national television network, CBC

Clark D. Cunningham, Democrats Are Pursuing the Wrong Impeachment Charges Against President Trump, Politico (Jan. 10, 2021)
-- Sample Articles of Impeachment Based on Seditious Conspiracy and Election Law Violations (Word version) (pdf)

A GSU law professor says one of the articles of impeachment could ban President Trump from ever running for public office again, Friday, January 8, 2021 WSB TV2 (Atlanta ABC affiliate) 5pm News

GSU professor explains legal impacts of Trump-Raffensperger recording, Monday, January 4, 2021 WSB TV2 (Atlanta ABC affiliate) 11pm News.  2 minutes
Professor Clark Cunningham discussed possibility of prosecuting Donald Trump under Georgia law for solicitation to commit election fraud; his conduct also basis for impeachment which could disqualify Trump from ever again holding any federal office.

Trump, on tape, presses Ga. official to ‘find’ him votes, Fox5 TV (Atlanta) Aired Sunday, January 3, 2021 at 10pm and 11pm
Professor Clark Cunningham explains that it is a federal crime to use official authority for the purpose of interfering with the election of the President.

Ruling allows thousands of votes to be counted ahead of January runoff, WSB TV2 Tues, Dec 29, 2020
Professor Cunningham comments on apparent violation of federal election law by two counties in Georgia.

Clark D. Cunningham, Founders: Removal from office is not the only purpose of impeachment The Conversation (Sep. 26, 2019, updated Dec. 16, 2019) (131,000 + on-line readers, 72,000+ Facebook shares)
-- Eric Black, A quaint, almost calming take on how impeachment got into the Constitution, MinnPost (Oct. 2, 2019) (discussing Founders: Removal from office is not the only purpose of impeachment)
-- Ned Barnett, The Tar Heel who caused Trump's troubles, The News Observer (Oct. 7, 2019) (citing Founders: Removal from office is not the only purpose of impeachment and interviewing Prof. Cunningham)

Clark D. Cunningham, The One Word Alan Dershowitz Gets Wrong in the Impeachment Clause: There's a reason the Founders didn't just end it at "high crimes" Politico, Jan. 24, 2020

Clark D. Cunningham, The Dershowitz Attack on the Trump Articles of Impeachment is Weakened, Perhaps Fatally, by the Possibility That “Misdemeanors” Could Mean “Misconduct” Harvard Law Review Blog, Jan. 29, 2020

Clark D. Cunningham, Limiting Senate inquiry ignores Founders’ intent for impeachment, The Conversation Jan. 30, 2020

Impeachment Explained (Seven Clark Cunningham interviews on CourtTV)

General Resources
Public Document Clearinghouse: Ukraine Impeachment Inquiry,
Senate Impeachment Trial: Live Updates And Analysis, FiveThirtyEight
Lawfare: Impeachment Lawfare Podcasts

Report on Constitutional Grounds for Presidential Impeachment: House Judiciary Committee (Feb. 1974)

Rules of Procedure and Practice in the Senate when Sitting on Impeachment Trials
(Aug. 16, 1986)

Hillary Hurd & Benjamin Wittes, Imagining a Senate Trial: Reading the Senate Rules of Impeachment Litigation, Lawfare (Dec. 2. 2019)

Impeachment of President William Jefferson Clinton
-- Articles of Impeachment
-- Senate Resolution 16 for procedures (Jan. 8, 1999)
----Original Resolution 16
--Senate Trial Chronology

Impeachment of President Donald J. Trump

Government Documents
-- Pentagon Letter on Ukraine Aid
--Indictment of Lev Parnas & Igor Fruman (U.S. District Court, Southern District of New York)
--General Accounting Office: Withholding of Ukraine Security Assistance (Jan. 16, 2020)

House of Representatives
-- Testimony of constitutional law experts before the House Judiciary Committee, Dec. 4, 2019: video
-- Prof. Noah Feldman, Harvard Law School
-- Prof. Michael Gerhardt, University of North Carolina - Chapel Hill
-- Prof. Pamela Karlan, Stanford Law School
-- Prof. Jonathan Turley, George Washington University Law School
-- Constitutional Grounds for Impeachment: Report by the Majority Staff of the House Judiciary Committee (Dec. 7, 2019) (55 pages)
---- Report of Evidence in the Democrats' Impeachment Inquiry: Republican Staff Report (123 pages)
-- Impeachment of Donald J. Trump: Report of the House Judiciary Committee ( Dec. 16, 2019) (full report with appendices, 658 pages)
-- Articles of Impeachment (Dec. 18, 2019)

-- Letter from Minority Leader Schumer to Majority Leader McConnell requesting witnesses and documents (Dec. 15, 2020)
-- Trial Memorandum of House of Representatives (Jan. 19, 2020) (111 pages)
-- Answer of President Donald J. Trump to Articles of Impeachment (Jan. 18, 2020)
-- Trial Memorandum of President Trump (without appendix) (Jan. 20, 2020) (116 pages)
-----Appendix to President's Trial Memorandum (55 pages)
-- Replication of House to the Answer of President Trump (Jan. 20, 2020)
-- Reply Memorandum of House of Representatives (Jan. 21, 2020) (111 pages)
-- Senate Resolution 483 to provide for procedures (Jan. 21. 2020)
-- Congressional Record (Jan. 25, 2020): opening arguments by counsel for President Trump
-- Congressional Record (Jan. 27, 2020): continued opening arguments of counsel for President Trump: Ken Starr (S580-S584), Robert Ray (S604-S609), and Alan Dershowitz (S609-S616)
-- C-Span2 (Jan. 27, 2020): Video of Dershowitz argument (1 hour)
-- Congressional Record (Jan. 28, 2020): closing arguments by counsel for President Trump
-- Congressional Record (Jan 29, 2020) (Senators' Questions to counsel - Day 1)
-- Congressional Record (Jan 30, 2020) (Senators' Questions to counsel - Day 2)

-- Maggie Haberman & Michael S. Schmidt, Trump Tied Ukraine Aid to Inquiries He Sought, Bolton Book Says (NY Times Jan. 26, 2020, updated Jan. 28, 2020) (pdf)
-- Maggie Haberman & Michael S. Schmidt, Trump Told Bolton to Help His Ukraine Pressure Campaign, Book Says (NY Times  Jan. 31, 2020) (pdf)
-- Andrew Desiderio, DOJ says withheld emails reveal Trump’s thinking on Ukraine aid freeze: If made public, the emails would offer a rare glimpse into the president’s thinking on a central tenet of the House’s impeachment case (Politico  Feb. 1, 2020)

Dec 18, 2020: House of Representatives approves two articles of impeachment against President Trump


Jan 15, 2020 House Managers Deliver Articles of Impeachment to the Senate

Clark D. Cunningham is the W. Lee Burge Chair in Law & Ethics at the Georgia State University College of Law in Atlanta. An expert on the original meaning of the Constitution and Bill of Rights, his article published by The Conversation, Founders: Removal from office is not the only purpose of impeachment has been read by more than 131,000 on-line readers and shared on more than 72,000 Facebook pages.

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