DRAFT
IN THE HOUSE OF REPRESENTATIVES, U.S.,
WHEREAS, President Donald J. Trump (herein referred to as the "President") was a businessman for more than 40 years and developed a multi-billion dollar business in the United States and abroad;
WHEREAS, the President conducted his business as a family business, was never subjected to constraints and fiduciary obligations applicable to publicly held corporations, and practiced extreme aggressiveness in business especially evidenced by hundreds of lawsuits in which he and his businesses were involved;
WHEREAS, the President, in his political campaign to be President, touted his business capabilities and business success as a reason that he would do an excellent job as President for the American people;
WHEREAS, the President did not release his income tax returns as is the norm for Presidential candidates;
WHEREAS, in the election campaign, the President engaged in unprecedented hyperbolic, insulting, demeaning, derogatory, bullying and threatening campaigning, including relentless broadside attacks on the free press as making up fake news and being extremely dishonest people, and saying to his Democratic opponent in a Presidential debate she would be in jail if he was in charge of the law:
WHEREAS, the President, in the campaign, publicly asked Russia to interfere in the election to help him;
WHEREAS, it is fundamental to public office that the officeholder has a fiduciary duty to act for the public interest, and not put private interests ahead of public interest, and strict limitations are in the law regarding conflicts of interest to protect against public officeholders acting to serve private interests instead of properly serving the public interest;
WHEREAS, it is the sense of this House of Representatives that, since being elected President, the President has evidenced in numerous ways that either he does not understand that a public officeholder has a fiduciary duty to act for the public interest, and not put his private interests ahead of public interest, or else that the President considers himself not subject to such limitations and that he can and will use his Presidential office to benefit himself and his family and family businesses;
WHEREAS,it is the sense of this House of Representatives, that the President's exempting himself from public officeholder norms has been detrimental to the President's properly executing his Presidential office, including that there has been significant, legitimate opposition to try to force the Present to conform to the norms, such opposition has extended to more general opposition against the President that impairs the President, has diverted time and resources of the President, Congress and others away from the country's business; and sets a bad example for other public officials who observe the President using his Presidential office for his private benefit, which may cause them to do similarly for themselves:
WHEREAS, it is the sense of this House of Representatives, that the President's failure to conform to the aforesaid public officeholder norms as regards the President's business interests has carried over to other actions by the President that have risk that such actions are for the President's personal and private interests and not in the public interest:
WHEREAS, it is the sense of this House of Representatives that such actions include the President's continued attack after the election on the free press as being fundamentally dishonest and an enemy of the people, which attack this House of Representatives believes is not in the public interest, but may well serve the President's personal interest;
WHEREAS, it is the sense of this House of Representatives such actions also include the President's extensive telling of falsehoods to the American people, which this House of Representatives believes is not in the public interest, but which falsehoods may well serve the President's personal interest;
WHEREAS, other such actions include the President's attacks on the intelligence agencies and the FBI, which attacks this House of Representatives believes are not in the public interest, but may well serve the President's personal interest;
WHEREAS, it is the sense of this House of Representatives that the President has declined and avoided subjecting himself to press conferences and other forms of questioning about himself and his actions that could be availed of by the President to provide assurances to the American people and to this House of Representatives that the President's actions are being properly done for the public interest and not for his private and personal interest; and such Presidential avoidance of questioning is a legitimate basis for increased doubt about whether the President is properly discharging his public office;
WHEREAS, it is the sense of this House of Representatives that the President believes whatever he does is beyond reproach and the President seems incapable of recognizing and acknowledging any possibility that he is improperly putting private interest ahead of public interest;
WHEREAS, ultimately, the foregoing may amount to a failure of the President to faithfully execute his office of President of the United States and be an impeachable offense; and
WHEREAS, this House of Representatives desires to put the President on notice of the foregoing by means of this resolution censuring the President for conduct and actions that present a significant risk that this House of Representatives may determine to be a failure on the part of the President to faithfully execute the office of President of the United States;
NOW THEREFORE BE IT RESOLVED, this House of Representatives hereby expresses it disapproval and censure of President Donald J. Trump regarding actions and conduct on his part that have given rise to appearances, suspicion and doubt about whether they are for the public purpose and interest or are for his personal purpose and interest and constitute a failure to faithfully execute the office of President of the United States.
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