The committee then wrote Nixon on May 1 that he had not complied with its subpoena, but — in keeping with the committee’s report on the difficulties of forcing compliance — a motion that day to recommend to the House that Nixon be found in contempt was defeated 32-5.

In opposing the motion to recommend holding Nixon in contempt, then-Judiciary Committee Chairman Peter Rodino said: “We can consider the noncompliance of the president when we are considering the question of possible grounds of impeachment.”

The chairman’s words were prophetic: As an independent ground for impeachment, Article III held that Nixon should be impeached for refusing to produce tapes and records and thereby interfering with congressional exercise of its power of impeachment mandated by the constitution. That article was approved by a vote of 21-17 in July.