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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1319 Introduced in House (IH)]

<DOC>

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.
                                 <all>
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