SUBJECT: RESOLUTION CALLING ON THE U.S. HOUSE OF REPRESENTATIVES TO INITIATE THE IMPEACHMENT PROCESS AGAINST PRESIDENT DONALD J.

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1 CITY COUNCIL CONSENT CALENDAR JUNE 19, 2017 SUBJECT: RESOLUTION CALLING ON THE U.S. HOUSE OF REPRESENTATIVES TO INITIATE THE IMPEACHMENT PROCESS AGAINST PRESIDENT DONALD J. TRUMP INITIATED BY: PREPARED BY: COUNCILMEMBER LAUREN MEISTER MAYOR JOHN HEILMAN (Hernan Molina, Governmental Affairs Liaison) V I STATEMENT ON THE SUBJECT: The City Council will consider joining other California cities in adopting a resolution calling for the U.S. House of Representatives to initiate the impeachment process and bring forward articles of impeachment against President Donald J. Trump. RECOMMENDATIONS: 1. Adopt Resolution No "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD CALLING ON THE U.S. HOUSE OF REPRESENTATIVES TO INITIATE PROCEEDINGS FOR THE IMPEACHMENT OF PRESIDENT DONALD J. TRUMP". 2. Direct staff to send copies of the adopted resolution to U.S. Senators Mitch McConnell, Dianne Feinstein and Kamala Harris, House Speaker Paul Ryan and U.S. Representative Adam Schiff, California Governor Jerry Brown, California State Senator Ben Allen, California State Assemblymember Richard Bloom, and other public officials and organizations as appropriate. BACKGROUND I ANALYSIS: In December 2016, the City Council approved the creation of a City Hall working group to remain vigilant regarding potential policy changes from the new administration that could negatively impact the City's residents and visitors. Since its creation, the working group has focused advocacy efforts on issues of civil rights, immigration, housing, healthcare, LGBT rights, women's issues and reproductive rights, as well as environmental, economic and budget issues. In February 2017, the City Council voted to begin first steps to prohibit City Hall from doing business with entities providing financial or other benefits to the President of the United States as to not be an accessory to any potential violations of the Emoluments Clause. Page 1of5 AGENDA ITEM 2.NN.

2 At just 150 days in office, it is the time for Congress to launch an impeachment investigation of President Trump for multiple violations of the Emoluments Clause of the U.S. Constitution, multiple violations of federal law as it relates to the employment of relatives, serious National Security concerns in the hacking of the 2016 National Elections by the Russian government and possible collusion between the Trump campaign and Russian officials in the attack of the US election and the President's possible obstruction of justice in the firing of James Corney, now former Director of the Federal Bureau of Investigations (FBI). VIOLATION OF THE EMOLUMENTS CLAUSE: Article I, Section 9 of the United States Constitution, also known as the Emoluments Clause, prohibits the President of the United States from receiving any present, emolument, office, or title, of any kind whatever, from any King, Prince, or foreign State. Article II, Section 1 of the United States Constitution, also known as the Domestic Emoluments Clause, states that the President shall receive a Compensation, which shall neither be increased nor diminished during the Period for which he is elected, and he shall not receive within that Period any other Emolument from the United States or any of them (i.e., individual states). Many of Trump's businesses receive, and their streams of income include, emoluments from foreign governments, states of the United States, or the United States itself. Leading constitutional scholars and government ethics experts warned Donald Trump shortly after the November 2016 election that, unless he fully divested his businesses and invested the money in conflict-free assets or a blind trust, he would violate the Constitution from the moment he took office. On Jan 11, 2017, nine days before his inauguration, president-elect Trump announced a plan that, if followed, would remove him from day-to-day operations of his businesses, but not eliminate any of the ongoing flow of emoluments from foreign governments, state governments, or the United States government. In addition, the President would not release his tax returns as is customary for presidential candidates. On Jan 20, 2017, Mr. Trump took the oath of office and became President of the United States. The Emoluments Clause is a very broad and clear statement against the foreign corruption of U.S. government and military officials. From the moment Donald J. Trump was sworn-in as President, he was in violation of the Emoluments Clause. FEDERAL LAW 5 U.S.C EMPLOYMENT OF RELATIVES: According to Federal law 5 U.S.C , "a public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over 1 From Cornell Law School Legal Information Institute website Page 2 of 5

3 which he exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a civilian position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual." A "public official" is defined as "an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency." A "relative", with respect to a public official, is defined as "an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-inlaw, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister." The Deputy Assistant Attorney General, Office of Legal Counsel, wrote in a Memorandum Opinion for the Counsel to the President 2 that Section 105(a) of Title 3, U.S. Code, which authorizes the President to appoint employees in the White House Office "without regard to any other provision of law regulating the employment or compensation of persons in the Government service," exempts positions in the White House Office from the prohibition on nepotism in 5 U.S.C However, many ethics lawyers disagree with that opinion, and certainly the appointments of daughter lvanka Trump and son-in-law Jared Kushner as advisers, as those appointments violate the spirit of the law, if not the letter of the law. ISSUES REGARDING NATIONAL SECURITY AND OBSTRUCTION OF JUSTICE: On October 7, 2016, the Department of Homeland Security (OHS) and the Director of National Intelligence released a joint statement on election security3. In it, the top intelligence and security officials categorically affirmed that, "The U.S. Intelligence Community (USIC) is confident that the Russian Government directed the recent compromises of s from US persons and institutions, including from US political organizations... These thefts and disclosures are intended to interfere with the US election process". Two subsequent reports, one dated December 29, 2016 produced by OHS and the FBI "Joint Analysis Report" and another one dated January 6, 2017, produced by the Directors of the Central Intelligence Agency (CIA) and the National Intelligence Council (NIC) expanded on the above-referenced statement, and directly attributed hacking efforts to the Russian Intelligence Service (RIS). 2 From https// 3 Joint statement on election security by OHS - DNI. October 7, Page 3 of 5

4 As a result of all these investigations and findings, two investigations were initiated in Congress: one by the House of Representatives' Intelligence Committee and another by the Senate Select Committee on Intelligence. Parallel to these ongoing investigations, the President fired James Corney, the Director of the FBI. Days after his removal, the press reported that former Mr. Corney had written notes memorializing his private conversation during a dinner President Trump had hosted for Mr. Corney. Said memos reportedly portray a moment of the conversation between Mr. Corney and President Trump in which the President asked Mr. Corney to forget about the investigation of President Trump's now fired National Security Adviser, retired General Michael Flynn. Mr. Flynn is being investigated for failing to disclose meetings and conversations with Russian government officials as he was being vetted for the post of NSA. In light of the above, the Deputy Attorney General Rod Rosenstein appointed former FBI Director Robert Muller as Special Counsel and directed him to lead an independent inquiry. Mr. Muller's mandate and authority allows him to look into all these matters, and to determine, among other things, if the President has impeded the investigation of the Trump campaign and potential collusion with Russians. Mr. Corney testified before the Senate Intelligence Committee on June 8 1 h. IMPEACHMENT PROCEEDINGS: Article II, Section 4 of the U.S. Constitution states, "The President, Vice President, and all civil Officers of the United States shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other High Crimes and Misdemeanors." Impeachment proceedings are initiated in the House of Representatives. If the House majority votes for impeachment, the House adopts a resolution and the U.S. Senate is notified and presented the articles of impeachment. The Senate then conducts the trial. This item recommends that the City Council adopt the attached resolution to call on the U.S. Congress to begin impeachment proceedings. California cities that have called for initiating impeachment proceedings include Los Angeles, Berkeley, Alameda and Richmond. Other U.S. cities that have called for impeachment proceedings include: Brookline, MA; Cambridge, MA; Amherst, MA; Pelham, MA and Leverett, MA. Chicago, IL is considering the proposal and DC and the state of Maryland have filed lawsuits against the President for violating anti-corruption clauses in the Constitution. During its three decades, the City of West Hollywood has become one of the most influential small cities in the nation. No other city of its size has had a greater impact on the national progressive public policy agenda. When there is injustice, the City of West Hollywood speaks out. Since Cityhood, the City of West Hollywood's residents and business, civic and political leaders have been unwavering in their commitment to the community's Core Values which have formed the foundation of the City's services Page 4 of 5

5 priorities. These Core Values include Respect and Support for People; Responsiveness to the Public; Idealism, Creativity and Innovation; Quality of Residential Life; Economic Development; Public Safety and Responsibility for the Environment. West Hollywood is passionate and creative in its approach to City government and has established itself as a leader in many of the critical social movements over the last twenty years. The City has led the way in the fight against HIV and AIDS; rent control and affordable housing; LGBT rights; human rights and civil rights; women's rights; Seniors; protection of our environment; and animal rights. CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: This item is consistent with the Primary Strategic Goal(s) (PSG) and/or Ongoing Strategic Program(s) (OSP) of: OSP-12: Actively Participate in Regional Issues. In addition, this item is compliant with the following goal(s) of the West Hollywood General Plan: G-1: Ensure that the community is active and engaged in the decision-making process. EVALUATION PROCESSES: City Staff will track and provide updates to Council on the progress of this effort. ENVIRONMENTAL SUSTAINABILITY AND HEAL TH: N/A COMMUNITY ENGAGEMENT: N/A OFFICE OF PRIMARY RESPONSIBILITY: ADMINISTRATIVE SERVICES DEPARTMENT I LEGAL SERVICES & LEGISLATIVE AFFAIRS DIVISION FISCAL IMPACT: None. ATTACHMENTS: Attachment A: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD CALLING ON THE U.S. HOUSE OF REPRESENTATIVES TO INITIATE PROCEEDINGS FOR THE IMPEACHMENT OF PRESIDENT DONALD J. TRUMP" Page 5 of 5

6 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD CALLING ON THE U.S. HOUSE OF REPRESENTATIVES TO INITIATE THE IMPEACHMENT PROCESS AGAINST PRESIDENT DONALD J. TRUMP. THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, in December 2016, the City Council approved the creation of a City Hall working group to remain vigilant regarding potential policy changes from the new administration that could negatively impact the City's residents and visitors; and WHEREAS, since its creation, the working group has focused advocacy efforts on issues of civil rights, immigration, housing, healthcare, LGBT rights, women's issues and reproductive rights, as well as environmental, economic and budget issues; and WHEREAS, in February 2017, the City Council voted to begin first steps to prohibit City Hall from doing business with entities providing financial or other benefits to the President of the United States; and WHEREAS, many of Donald J. Trump's businesses receive, and their streams of income include, emoluments from foreign governments, in what many experts suspect it could be a direct violation of Article I, Section 9 of the United States Constitution, known as the Emoluments Clause; and WHEREAS, the President shall receive a Compensation, which shall neither be increased nor diminished during the Period for which he is elected, and he shall not receive within that Period any other Emolument from the United States or any of them according to Article 11, Section 1 of the United States Constitution, also known as the Domestic Emoluments Clause; and WHEREAS, on January 11, 2017, nine days before his inauguration, president-elect Trump announced a plan that would remove him from day-to-day operations of his businesses but not eliminate any of the ongoing flow of emoluments from foreign governments, state governments, or the United States government; and ATTACHMENT A

7 Resolution No Page 2 WHEREAS, on January 20, 2017 Mr. Trump took the oath of office and became President of the United States, and the American people cannot determine if the President has enriched himself as a result of holding the Office of the President as he will not release his tax returns; and WHEREAS, according to Federal law 5 U.S.C. 3110, "a public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official" and many ethics lawyers have pointed out that the appointments of daughter lvanka Trump and son-in-law Jared Kushner as advisers violate the spirit of the law, if not the letter of the law; and WHEREAS, there are growing concerns and questions regarding matters of national security, the possibility of collusion between the Trump campaign and the Russian government and the appearance of obstruction of justice with the firing of former FBI Director James Corney; and THEREFORE, BE IT RESOLVED that the City Council of the City of West Hollywood, based on the situations described hereby, calls on the U.S. House of Representatives to initiate the impeachment process and bring forward articles of impeachment against President Donald J. Trump. PASSED, APPROVED AND ADOPTED THIS day of, 20_. MAYOR ATIEST: City Clerk