Minority memorandum on facts and law : hearings before the Committee on the Judiciary, House of Representatives, Ninety-third Congress, second session, pursuant to H. Res. 803 ... July 22, 1974.
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Good. iii, [1], 163, [1] pages. Footnotes. [Excerpt] It is our view that the proper test is whether, in voting for impeachment, the member feels the President should be removed from office, that the prosecution should succeed. The standard of proof does not apply to the law. Standards of proof never apply to the law. One must be convinced as a matter of law that the offense, if proved, is constitutionally a valid charge. One then, we feel, must be convinced in the exercise of his political judgment that the best interests of the Nation warrant removal rather than retention of the officer. {excerpt[t continues] Then comes into play the standard of proof: the sufficiency of the evidence relating solely to the facts-what really happened, what did the officer do-and it is our view that in reaching a decision as to the sufficiency of the evidence that the members of this committee and the House are again in the role of the prudent prosecutor, who looks over the case, and does not engage in a prosecution which will fail, being concerned not simply about embarrassment in a prosecution that fails, but in the way in which an unsuccessful prosecution affects the public interest. It would be unfair to the President, it would be embarrassing to the House and, for both reasons equally, it would be tragic for the Nation if the committee were to recommend to the House an impeachment in which, when evidence were laid out in a trial-type situation, a fully contested situation, the evidence fell short.
