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.

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; VerDate Sep 11 2014 22:21 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR744.IH HR744 kjohnson on DSK79L0C42 with BILLS 2 •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- 1 resentatives that the Senate should amend its rules to re- 2 quire a sitting United States Senator actively seeking elec- 3 VerDate Sep 11 2014 22:21 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HR744.IH HR744 kjohnson on DSK79L0C42 with BILLS 3 •HRES 744 IH tion to the Presidency of the United States to recuse him- 1 self or herself from the impeachment trial of an incumbent 2 President of the United States who is serving his or her 3 first term in office. 4 Æ VerDate Sep 11 2014 22:21 Dec 05, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\HR744.IH HR744 kjohnson on DSK79L0C42 with BILLS