1. Defining presidential defiance of a congressional subpoena as an impeachable high crime and misdemeanor Congress declares that a President, Vice-President, or Civil Officer’s deliberate disobedience and defiance of a congressional subpoena for testimony or documents in pursuit of Congress legislative or oversight function may constitute an impeachable high crime and misdemeanor for purposes of Article II, Section 4 of the Constitution of the United States. 2. Executive privilege If a President refuses to comply with a congressional subpoena under the invocation of executive privilege, the failure to engage in good faith by properly asserting that privilege with factual and legal specificity shall be taken as evidence for finding disobedience and defiance of a congressional subpoena under section 1 of this concurrent resolution.