IV 

116TH CONGRESS 

1ST SESSION H. RES. 744 

Expressing the sense of the House of Representatives that the Senate should 

amend its rules to require a sitting United States Senator actively seeking election to the Presidency of the United States to recuse himself 

or herself from the impeachment trial of an incumbent President of 

the United States who is serving his or her first term in office. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 5, 2019 

Mr. SMITH of Missouri (for himself, Mr. DAVID P. ROE of Tennessee, Mr. 

WALTZ, Mr. GUEST, Mr. LAMALFA, Mr. HICE of Georgia, Mr. CRENSHAW, Mr. WRIGHT, Mr. SMITH of Nebraska, Mr. KEVIN HERN of Oklahoma, Mr. RIGGLEMAN, Mr. ARRINGTON, Mr. BANKS, Mr. WALKER, Mr. 

YOHO, Mr. GOSAR, Mr. ROGERS of Alabama, Mr. DUNCAN, Mr. LUETKEMEYER, Mr. BABIN, Mr. DESJARLAIS, Mr. MULLIN, Mr. CRAWFORD, Mr. 

LONG, Mr. HUNTER, Mr. MARSHALL, and Mr. AUSTIN SCOTT of Georgia) submitted the following resolution; which was referred to the Committee on Rules 

RESOLUTION 

Expressing the sense of the House of Representatives that 

the Senate should amend its rules to require a sitting 

United States Senator actively seeking election to the 

Presidency of the United States to recuse himself or 

herself from the impeachment trial of an incumbent 

President of the United States who is serving his or 

her first term in office. 

Whereas the House of Representatives has the sole power to 

impeach the President of the United States; 


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•HRES 744 IH 

Whereas the Senate has the sole power to conduct a trial to 

remove the President from office; 

Whereas, during an impeachment trial, the Vice President of 

the United States does not preside over the Senate in his 

or her role as President of the Senate due to a clear conflict of interest, but rather the Chief Justice of the 

United States Supreme Court presides; 

Whereas a sitting United States Senator actively seeking the 

Presidency of the United States has a vested interest in 

the reputation and political future of an incumbent President of the United States who is currently serving his or 

her first term in office; 

Whereas Senate rules governing impeachment proceedings requires United States Senators to make the following oath 

prior to an impeachment trial: 

‘‘I solemnly swear (or affirm, as the case may be) 

that in all things appertaining to the trial of the impeachment of ——— ———, now pending, I will do impartial justice according to the Constitution and laws: So 

help me God.’’; 

Whereas a sitting United States Senator actively seeking to 

unseat the incumbent President of the United States cannot claim impartiality in his or her political opponent’s 

impeachment trial; and 

Whereas the Constitution grants both chambers of Congress 

the authority to ‘‘determine the Rules of its Proceedings’’: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that the Senate should amend its rules to re3 quire a sitting United States Senator actively seeking elecVerDate Sep 11 2014 22:21 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HR744.IH HR744

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•HRES 744 IH 

1 tion to the Presidency of the United States to recuse him2 self or herself from the impeachment trial of an incumbent 

3 President of the United States who is serving his or her 

4 first term in office. 

Æ 


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