WASHINGTON — The House Judiciary Committee on Wednesday will begin formal consideration of two articles of impeachment against President Trump, convening an evening “markup” session for lawmakers to start what is expected to be a two-day debate about Democrats’ charges of abuse of power and obstruction of Congress.
The process is an arcane and technical one, bound by strict rules and long-held traditions that are at the core of how the House of Representatives legislates. The sessions give each lawmaker an opportunity to weigh in on the articles of impeachment — down to the individual words and phrases that will be included — and to vote on whether to send them to the full House. Here’s what the process looks like.
What is a markup?
The purpose of a legislative “markup” in Congress is to give lawmakers the chance to modify legislation by offering amendments. Draft copies of the bill — in this case a resolution containing two articles of impeachment — are distributed to the members of the committee, who can then offer amendments. At the end, there’s a vote to recommend the finished product to the full House for a vote.
On Wednesday, the text up for discussion is the nine-page resolution that House Democrats released on Tuesday containing the two articles of impeachment.
Members of the committee from both parties — there are 24 Democrats and 17 Republicans — will each have the opportunity to make an opening statement. Later, they will be able to propose changes to the text. The committee debates and then votes on whether to accept or reject those amendments, which could include major changes or minor tweaks. Few such changes, if any, are expected during the two-day session.
How is this different from a hearing?
Many people are familiar with congressional hearings from watching them on television. There are some similarities. Much of the time is taken up with opening statements from the members of the committee. And some of the procedural arguments among the members of the committee can seem familiar.
But there are important differences. Congressional committees hold hearings to seek input from witnesses, who deliver remarks and answer questions at a table facing the lawmakers. In the case of the recent impeachment hearings, lawmakers on the Judiciary Committee took testimony from a panel of constitutional law scholars and committee lawyers. And the House Intelligence Committee quizzed diplomats, national security officials and others.
In a markup, there are no witnesses; the discussion takes place entirely among the members of the committee, sometimes with participation from staff lawyers or other aides who weigh in on questions of parliamentary procedure and legislative language.
Why are they starting at dinner time?
The Judiciary Committee is one of the largest panels in Congress, and its rules allow all 41 members to deliver prepared, five-minute opening statements before debate begins on amending the articles. That alone amounts to almost three and a half hours — and that’s not counting bathroom breaks and procedural stunts by minority Republicans who are eager to register their objections to what they have branded an unfair process. Those could add another hour or two.
As a result, Democrats who run the committee decided to begin their work on Wednesday night, relegating the speechifying and some of the procedural wrangling to the evening hours. The panel will then take a recess until 9 a.m. Thursday, when lawmakers will begin the real work of debating any amendments to the articles of impeachment.
Democrats are most likely betting that starting so late in the evening will be a disincentive for shenanigans by the minority party, unless the Republicans want to be there all night.
Will there be disagreements among Democrats?
There could be. Before the articles were unveiled on Tuesday, there was an intense, behind-the-scenes debate about whether to include a third article charging Mr. Trump with obstruction of justice based on evidence uncovered by Robert S. Mueller III, the special counsel who investigated Russia’s interference in the 2016 election, of the president’s repeated efforts to thwart that inquiry.
Ultimately, Speaker Nancy Pelosi and senior Democrats decided to keep the articles narrowly focused on the Ukraine matter. Nothing prevents Democrats on the committee from seeking to amend the existing articles to refer more explicitly to the Mueller report, or even to propose a third article based on it. But people close to the process believe that there will be little dissent during the markup, and that Democrats are not likely to propose substantial changes, if any.
What can Republicans do to make mischief?
Republicans do not have any illusions that they can stop articles of impeachment from being approved in the committee and sent to the full House for a vote on the floor. And they understand that their amendments are all but certain to be rejected on party-line votes by the committee, which is heavily skewed in favor of Democrats.
But that doesn’t mean they won’t be active participants in the markup. They can make motions challenging the procedures, forcing delays by demanding that the committee vote on each of their motions. They can also propose amendments that are intended to show Mr. Trump and Republican voters that they are fighting back against the Democratic attempts to force the president from office.
Sounds as if it could take forever.
Yes. Even under ideal circumstances, when the Judiciary Committee is considering a piece of bipartisan legislation, markups can be a long and tedious process as lawmakers debate the details and haggle over wording. The legislative process can be unwieldy.
The impeachment markup that begins on Wednesday is even more fraught with partisanship, and the stakes could not be higher: the fate of the 45th president of the United States. The two parties are hardly in a mood to cooperate in ways that might speed the process along.
Still, Democrats are aiming to complete the markup of the two articles of impeachment by the end of the day Thursday, with the goal of voting on them in the House early next week.
How is this markup different from past impeachments?
It’s likely to be shorter and more orderly. The Judiciary Committee spent three days marking up four articles of impeachment against President Bill Clinton in 1998. After vigorous debate and partisan squabbling, they voted, mostly along party lines, to send the House four articles related to Mr. Clinton’s lies about his affair with Monica Lewinsky, a White House intern, and attempts to cover it up.
In 1974, the committee approved articles of impeachment against Richard M. Nixon for his actions in the Watergate affair. That committee markup stretched for six days and was more chaotic, with vigorous arguments among the members about what charges Nixon should face and how to word the articles of impeachment.
At one point, several members sought to add articles charging the president with tax evasion. Others argued that he should be impeached for ordering the secret bombing of Cambodia in 1969. In the end, the committee approved only three articles, charging Nixon with abuse of power, obstruction of justice and defiance of subpoenas.
What happens next?
The Judiciary Committee is expected to approve the articles of impeachment by the end of the day on Thursday. They would be sent to the House for a floor vote expected as early as Tuesday. If the House approves both articles — as Mr. Trump and lawmakers in both parties expect — the president could stand trial in the Senate early in the new year.
The basics: Who, what, when and how to watch.
Who: The 41 members of the House Judiciary Committee will open debate on two articles of impeachment against President Trump.
What: The members of the committee will deliver opening statements starting Wednesday evening and then consider any amendments to the two draft articles that House Democrats unveiled on Tuesday. The committee will then vote on whether to recommend that the full House approve the articles.
When and Where: The panel will convene in the Ways and Means Committee room near the Capitol at 7 p.m. Wednesday for opening statements. The committee is expected to take a recess after the opening statements until 9 a.m. Thursday.
How to Follow Along: The New York Times congressional team will be covering Wednesday’s opening statements at www.nytimes.com. On Thursday, come to the website for live video of the markup beginning at 9 a.m.
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How Lawmakers Will Debate Articles of Impeachment - The New York Times
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