,,iv  #aafth ,,congress  #b;d ,session  
,h4 ,,con4 ,,res4 #aaa  ,,in ,,the      
,,house ,,of ,,representatives  ,august 
#ba1 #bjbj,mr4 ,larson of ,connecticut  
submitted the following concurrent      
resolution2 which was referred to the   
,committee on the ,judiciary            
,,concurrent ,,resolution  ,to establish
 defiance of a congressional subpoena   
for testimony or documents by the       
,president as an impeachable high crimes
 and misdemeanor within the meaning of  
,article ,,ii1 ,section #d of the       
,united ,states ,constitution4  ,whereas
 the congressional power to investigate 
and oversee the executive branch is a   
cornerstone of separation of powers and 
necessary to expose and deter executive 
lawlessness1 corruption1 fraud1 waste1  
and other serious abuses2 ,whereas      
,supreme ,court ,justice ,louis         
,brandeis famously observed1 ,sunshine  
is said to be the best of disinfectants2
 the electric light the most efficient  
policeman2 ,whereas due process requires

 that the law warn before it strikes1   
the ,house of ,representatives has voted
 articles of impeachment against three  
,presidents1 one ,cabinet officer1 one  
,senator1 one ,supreme ,court ,justice1 
and fourteen subordinate ,federal judges
 without clarifying the meaning of high 
crimes and misdemeanors to give fair    
warning to the ,president1 ,vice        
,president1 and other civil officers of 
the ,united ,states2 ,whereas the       
congressional power of oversight is the 
power preservative of all other         
congressional authorities2 ,whereas the 
slowness of judicial adjudications of   
executive privilege or state secrets    
invocations by the ,president to resist 
a congressional subpoena is inconsistent
 with the political time frame in which 
impeachment operates2 ,whereas the      
congressional powers of investigation or
 oversight of the executive branch are  
crippled without documents and          
testimonies from executive branch       
officials2 ,whereas the ,house          

,judiciary ,committee voted an article  
of impeachment against ,president       
,richard ,m4 ,nixon for failing to      
produce documents and things demanded by
 duly authorized ,committee subpoenas   
pursuant to the sole power of           
impeachment vested by the ,constitution 
in the ,house of ,representatives2      
,whereas in pursuit of any legitimate   
legislative objective1 ,congress is     
authorized to investigate and to oversee
 the executive branch and to impose     
sanctions for contempt of its processes2
 ,whereas legitimate objectives include 
determinations of whether laws have been
 violated1 whether they have been       
properly enforced1 whether new laws are 
needed1 or whether funds should be      
appropriated or withheld2 ,whereas      
,congress is endowed with independent   
constitutional authority to determine   
whether presidential defiance of a      
congressional subpoena constitutes an   
impeachable high crime and misdemeanor  
without a court adjudication of any     

claimed executive privilege1 state      
secrets1 or other defense2 ,whereas     
,congress possesses all the contempt    
powers of ,article ,,iii courts2        
,whereas ,presidents ,thomas ,jefferson 
and ,abraham ,lincoln recognized that   
each branch of government has           
independent authority to interpret the  
,constitution within their respective   
spheres of power2 ,whereas the ,united  
,states ,supreme ,court has never opined
 on whether executive privilege may be  
invoked to block the congressional power
 of investigation2 ,whereas in ,united  
,states v4 ,nixon1 #dah ,u4,s4 #fhc     
7#aigd71 the ,court subordinated the    
privilege to the needs of a single      
criminal prosecution2 ,whereas the      
importance of congressional oversight to
 our constitutional dispensation and    
separation of powers is orders of       
magnitude greater than prosecution of a 
single criminal case2 ,whereas the      
,nixon tapes precedent mandates that    
executive privilege is subservient to   

legislative oversight of the executive  
branch2 and ,whereas the absence of a   
specific definition of an impeachable   
high crime and misdemeanor invites the  
appearance or actuality of partisan     
exercises of the impeachment power which
 subverts its legitimacy and deters its 
use3 ,now1 therefore1 be it #a4         
,defining presidential defiance of a    
congressional subpoena as an impeachable
 high crime and misdemeanor ,congress   
declares that a ,president1             
,vice-,president1 or ,civil ,officer's  
deliberate disobedience and defiance of 
a congressional subpoena for testimony  
or documents in pursuit of ,congress    
legislative or oversight function may   
constitute an impeachable high crime and
 misdemeanor for purposes of ,article   
,,ii1 ,section #d of the ,constitution  
of the ,united ,states4  #b4 ,executive 
privilege ,if a ,president refuses to   
comply with a congressional subpoena    
under the invocation of executive       
privilege1 the failure to engage in good

 faith by properly asserting that       
privilege with factual and legal        
specificity shall be taken as evidence  
for finding disobedience and defiance of
 a congressional subpoena under section 
#a of this concurrent resolution4