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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 II, Section 4 of the United States Constitution.

H. Con. Res. 111 · 116th Congress · Aug 21, 2020 · Lineage

CONCURRENT RESOLUTION

Section 1 Defining presidential defiance of a congressional subpoena as an impeachable high crime and misdemeanor

Congress declares that a President, Vice-President, 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 II, Section 4 of the Constitution of the United States.

Sec. 2 Executive privilege

If a President refuses to comply with a congressional subpoena under the invocation of executive privilege, 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 1 of this concurrent resolution.