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 seek-
ing 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. CREN-
SHAW, Mr. WRIGHT, Mr. SMITH of Nebraska, Mr. KEVIN HERN of Okla-
homa, Mr. RIGGLEMAN, Mr. ARRINGTON, Mr. BANKS, Mr. WALKER, Mr. 
YOHO, Mr. GOSAR, Mr. ROGERS of Alabama, Mr. DUNCAN, Mr. LUETKE-
MEYER, Mr. BABIN, Mr. DESJARLAIS, Mr. MULLIN, Mr. CRAWFORD, Mr. 
LONG, Mr. HUNTER, Mr. MARSHALL, and Mr. AUSTIN SCOTT of Geor-
gia) submitted the following resolution; which was referred to the Com-
mittee 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 con-
flict 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 Presi-
dent of the United States who is currently serving his or 
her first term in office; 
Whereas Senate rules governing impeachment proceedings re-
quires 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 im-
peachment of ——— ———, now pending, I will do im-
partial 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 can-
not 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 Pro-
ceedings’’: Now, therefore, be it 
Resolved, That it is the sense of the House of Rep-
resentatives that the Senate should amend its rules to re-
quire a sitting United States Senator actively seeking elec-
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•HRES 744 IH 
tion to the Presidency of the United States to recuse him-
self or herself from the impeachment trial of an incumbent 
President of the United States who is serving his or her 
first term in office. 
Æ 
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