The effect of impeachment is to overturn the popular will of the voters as expressed in a national election. We must not overturn an election and remove a president from office except to defend our very system of government or our constitutional liberties against a dire threat. And we must not do so without an overwhelming consensus of the American people and of their representatives in congress of the absolute necessity.
There must never be a narrowly voted impeachment or an impeachment substantially supported by one of our major political parties and largely opposed by the other. Such an impeachment would lack legitimacy, would produce divisiveness and bitterness in our politics for years to come. And will call into question the very legitimacy of our political institutions........
We cannot simply punt our duty to judge the facts to the Senate if we find mere probable cause that an impeachment offense may have been committed. To do so would be a derogation of our constitutional duty. The proponents of impeachment have provided no direct evidence of impeachable offenses. ....
We have been entrusted with the grave and awesome duty by the American people, by the constitution and by history. We must exercise that duty responsibly. At a bear minimum, that means the president's accusers must go beyond hearsay and innuendo and beyond demands that the president prove his innocence of vague and changing charges. They must provide clear and convincing evidence of specific impeachable conduct. This, they have failed to do........
Some say that if we do not impeach the president, we treat him as if he is above the law. Is the president above the law? Certainly not. He is subject to the criminal law, to indictment and prosecution when he leaves office like any other citizen whether or not he is impeached.......
The case is not there. The proof has not been put forward. The conduct alleged -- even if proven -- does not rise to the level of an impeachable offense.
Transcript: Opening statement of Rep. Nadler
House Judiciary Committee hearing, December 10, 1998
Rep. Jerrold Nadler (R-New York)