Three constitutional scholars invited by Democrats to testify at today’s impeachment hearings will say that President Trump’s efforts to pressure Ukraine for political gain clearly meet the historical definition of impeachable offenses, according to copies of their opening statements.
The three law professors are appearing in the first impeachment hearing before the House Judiciary Committee as it kicks off a debate about whether to draft articles of impeachment against the president.
Noah Feldman, a professor at Harvard, planned to argue that attempts by Trump to withhold a White House meeting and military assistance from Ukraine as leverage for political favors constitute impeachable conduct, as does the act of soliciting foreign assistance on a phone call with Ukraine’s leader.
“President Trump has committed impeachable high crimes and misdemeanors by corruptly abusing the office of the presidency,” Mr. Feldman planned to say. “Specifically, President Trump abused his office by corruptly soliciting President Volodymyr Zelensky to announce investigations of his political rivals in order to gain personal advantage, including in the 2020 presidential election.”
Michael J. Gerhardt, a professor at the University of North Carolina, planned to argue that Trump “has committed several impeachable offenses” by taking actions regarding Ukraine that were worse than Richard Nixon’s misconduct during Watergate.
“If left unchecked, the president will likely continue his pattern of soliciting foreign interference on his behalf in the next election,” Mr. Gerhardt plans to say, adding that Trump’s actions “are worse than the misconduct of any prior president.”
Pamela S. Karlan, a Stanford law professor, will tell lawmakers that the president’s attempt to “strong arm a foreign leader” would not be considered politics as usual by historical standards.
“It is, instead, a cardinal reason why the Constitution contains an impeachment power,” she planned to say. “Put simply, a candidate for president should resist foreign interference in our elections, not demand it. If we are to keep faith with the Constitution and our Republic, President Trump must be held to account.
Trump campaign manager:
Meet the Three Stooges, the new impeachment “witnesses” the Democrats are trotting out today to continue their impeachment hoax.
— Brad Parscale (@parscale) December 4, 2019
They’re liberal Democrats who oppose President Trump and support impeachment. Just more of the same old sham! pic.twitter.com/M2KO75F1b5
Jonathan Turley, a law professor at George Washington University who was invited to testify at today’s impeachment hearing by the committee’s Republicans, will offer the lone dissent, arguing in his opening statement that Trump should not be impeached.
In a 53-page written statement submitted to the committee, Mr. Turley makes it clear that he is not a supporter of the president and believes that the Ukraine matter warrants investigation. But he plans to say that the Democratic impeachment case is dangerously “slipshod” and premature.
“I am concerned about lowering impeachment standards to fit a paucity of evidence and an abundance of anger,” he planned to say. “If the House proceeds solely on the Ukrainian allegations, this impeachment would stand out among modern impeachments as the shortest proceeding, with the thinnest evidentiary record, and the narrowest grounds ever used to impeach a president.”
Offering an exhaustive and colorful account of the history of impeachment, Mr. Turley will agree with the other panelists that “a quid pro quo to force the investigation of a political rival in exchange for military aid can be impeachable, if proven.”
But for that to be the case, he will say, the evidence has to be stronger. Witnesses like Mick Mulvaney, the acting White House chief of staff, and John R. Bolton, the former national security adviser, must be heard from — not just spoken about by other witnesses. He will argue the current case is destined for “collapse in a Senate trial.”
Turley’s position is not so much a rebuttal, as a critique, and it is one shared by the ediotorial board of the Washington Post:
The Democratic report lacks direct testimony of Mr. Trump confirming the quid pro quo he was demanding, though it cites a public statement by acting White House chief of staff Mick Mulvaney to that effect. It also acknowledges “unanswered questions.” Among other matters, there are disturbing indications that Mr. Trump may have successfully extorted the previous Ukrainian government. While saying the intelligence committee’s investigation will continue, the Democrats argue that they are unable to wait to refer the impeachment case to the Judiciary Committee because of the “threat of further presidential attempts to solicit foreign interference in our next election.”
While that fear is not unwarranted, the speedy referral smacks of political expediency. The Judiciary Committee may well have enough evidence to draw up articles of impeachment. But the witnesses and documents that Mr. Trump is improperly blocking might well provide a fuller and, to many Americans, more persuasive picture of his guilt — and American democracy cannot afford for Congress to fail to establish its right to obtain them. The fight for them must not be given up.
The facts are not contested.
— Nancy Pelosi (@SpeakerPelosi) December 4, 2019
The President is a continuing threat to our democracy.
Congress must now decide how to do our duty to uphold the Constitution and #DefendOurDemocracy. pic.twitter.com/fSMnoN3DMJ
Updates as needed.
Collins has apparently decided not to litigate the facts of the Ukraine scandal, and instead argue that Democrats have wanted to impeach Trump all along. The problem with this argument is that Pelosi resisted pressure to do this until the whistleblower left her no choice.
— Blake News (@blakehounshell) December 4, 2019
Interesting Noah Feldman point: the "high" in "high crimes and misdemeanors" modifies both "crimes" *and* "misdemeanors" and it means not an undefined level of seriousness but crimes and misdemeanors that are connected to the office of the president. #ImpeachmentHearings
— David Corn (@DavidCornDC) December 4, 2019
Oh God, the Republicans are trying to make this a circus with lots of gesticulating and nonsensical motions.
Seriously, this is pathetic. The Republican members are doing nothing but trying to create a circus atmosphere with these constant motions and drag things out so the public can't grasp what's going on.
— Bradley P. Moss (@BradMossEsq) December 4, 2019
Shame on all of you.
Prof Karlan opens her testimony by basically rebuking Rep. Collins for suggesting she would testify without rigorously reviewing the evidence – *striking* as she’d not a one-time expert, but has represented the committee (under GOP leadership too).
— Ari Melber (@AriMelber) December 4, 2019
She already did.
— Prof. Garrett Epps (@Profepps) December 4, 2019
Professor Turley, the GOP witness, wants the impeachment inquiry to go on much longer.
— southpaw (@nycsouthpaw) December 4, 2019
Turley summarized: You're just mad. What will happen if we impeach a president for soliciting foreign attacks on our elections? If that's wrong, everything is wrong and nothing is right. Also, it's unfair to impeach a president without obtaining information he withheld from you.
— Walter Shaub (@waltshaub) December 4, 2019
I don't understand why "politics are extremely mean right now" is an argument against impeachment
— Zack Beauchamp (@zackbeauchamp) December 4, 2019
The White House blocked a number of significant witnesses from testifying. Almost as if they're…you know…obstructing or something. #ImpeachmentHearings https://t.co/AQh52xSoNV
— Mike Rothschild (@rothschildmd) December 4, 2019
Law professor Jonathan Turley now testifying. He begins by noting he also testified in GOP hearings 21 years ago about impeachment. Turley opposes impeachment of President Trump. What he said about Clinton: pic.twitter.com/nXxCJ6eJUr
— Jamie Dupree (@jamiedupree) December 4, 2019
Trump campaign senior adviser/ Trump supporter in the House weigh in https://t.co/EEKiYo8O3i
— Jake Tapper (@jaketapper) December 4, 2019
Rep. Collins says that the first 45 minutes of the hearing have "painted an interesting picture," in a Georgia drawl that suggests that his use of "interesting" here is not altogether favorable.
— Adam Klasfeld (@KlasfeldReports) December 4, 2019
The subtext is clear: It's the Judiciary's minority time now.
Back from break, @RepDougCollins says something everyone here agrees with: this hearing room is SO COLD.
— Garrett Haake (@GarrettHaake) December 4, 2019
Also complains about his chair. Gets no laughs.
Turley concedes there was no bribery statute in 18th C. Original standard was treason and bribery. Mason objected too narrow.
— emptywheel (@emptywheel) December 4, 2019
Note: This actually helps Dem case.
He’s now blathering about Louis XIV and the Treaty of Dover in 1670.
Now, 5 minutes into his filibuster, Turley complains that Framers were worried about monetary bribery.
— emptywheel (@emptywheel) December 4, 2019
This seems to support a case for an emoluments impeachment.
Turley also raises the example of responding to a bribe by giving a. treaty.
— emptywheel (@emptywheel) December 4, 2019
Great! Then Mueller supports the impeachment case.
Says Johnson is the “outlier” — hard to call Johnson an “outlier” when there are only three historical examples of impeachment.
Turley now disagreeing with Turley on two points.
— emptywheel (@emptywheel) December 4, 2019
1) That Trump's bribery must be the crime of. bribery (which he argued against w/Clinton)
2) That Trump's bribery doesn't pass McDonnell. He ignores investigation.
Turley wants to rely on historical precedent except when historical precedent goes against his personal opinion of what impeachment SHOULD be.
— Ken Ashford 🤔 (@KenAshford) December 4, 2019
Turley's main impeachment complaint is that it's too soon.
— Hunter (@HunterDK) December 4, 2019
Now he's suggesting that if Trump loses his court battles on providing evidence to Congress, as Nixon did, _then_ it would be time for him to resign? Just not now?
Not exactly a robust defense.
I cannot emphasis enough that Turley is literally just making things up right now. Claiming that impeaching on obstruction without waiting for the courts to weigh in is abuse, that's literally just a thing he's saying with no precedent or constitutional grounding whatsoever.
— Susan Hennessey (@Susan_Hennessey) December 4, 2019
Most legal scholars disagree with Turley's claim impeachment should include a crime cause:
— Ari Melber (@AriMelber) December 4, 2019
-Constitution doesn't say that
-Most criminal laws were passed years after the Constitution
-Plenty of crimes are NOT impeachable
(defacing a mail box is a felony, not abuse of power)
This seems more like punditry than any kind of constitutional analysis.
— Ramesh Ponnuru (@RameshPonnuru) December 4, 2019
It's 1:26 pm and Collins offers first substantive defense of Trump: he really cared about corruption in Ukraine.
— Susan Glasser (@sbg1) December 4, 2019
Anyway here he is in 2014 arguing (again) that impeachment isn’t reliant on statutory violations in a column titled “Five Myths About Impeachment.” Indeed! https://t.co/aDGh3AViWd pic.twitter.com/zonm4kaFiS
— Adam Serwer🍝 (@AdamSerwer) December 4, 2019
This is what Republicans flashed on screen. If a lawyer did this, they may face disciplinary action for such a misleading representation of what a source said. pic.twitter.com/tRbYGQkwZf
— Neal Katyal (@neal_katyal) December 4, 2019
Ari Melber on Prof. Jonathan Turley’s testimony: “I thought this was extraordinarily weak for the Republicans and for Professor Turley … we heard a lot of Jonathan Turley’s ideas for proposed amendments to the Constitution.”
On break…. and meanwhile…
TRUMP on House Dems' impeachment report: "I saw it & it's a joke. Everybody is saying it. And I watched reviews. I watched Sean Hannity, I watched Laura Ingraham, I watched Tucker Carlson, I watched a lot of other legal scholars, frankly … Alan Dershowitz, & many more" 😂 pic.twitter.com/7uTE87BDYH
— Aaron Rupar (@atrupar) December 4, 2019
Fox News' Judge Napolitano crushes Turley: "The House has sole power of impeachment. It does not need to go to a court… When the president receives a subpoena, Mick Mulvaney, Mike Pompeo receive a subpoena and they throw it in a drawer… that is the act of obstruction." pic.twitter.com/WjoKgkvImS
— Jesse Lee (@JesseCharlesLee) December 4, 2019
Back from break…
Gohmert talks for five minutes about ???? without asking a question.
Gohmert: Thanks for bringing down the gavel hard. That was nice.
— emptywheel (@emptywheel) December 4, 2019
Jim Jordan is yelling again. Same yelling points: unfair process blah blah blah.
Jordan complaining that 16 Democrats already voted for impeachment.
— emptywheel (@emptywheel) December 4, 2019
Well, yeah, he was already shown to have committed crimes.
Jordan claims that Schiff denied their witnesses. False. One of them even affirmed quid pro quo.
Jordan still claiming Ukrainians didn’t know about the hold on military aid. They did.
Jordan is treating meetings between officials and Ukrainians as the important ones, not the ones involving Rudy. He’s claiming that Ukraine would offer investigation for a meeting with a Democratic Senators, which is odd.
When Turley is making his claim he didn't disagree with his colleagues, Feldman leaned forward and gave him a big look.
— emptywheel (@emptywheel) December 4, 2019
Richmond has a greatest hits of all the witnesses stating that everyone supported the aid.
— emptywheel (@emptywheel) December 4, 2019
Richmond: How does the president's decision to withhold military aid?
Feldman: Putting American NatSec interests behind his.
FELDMAN: "It wasn't just an abuse of power because [Trump] was serving his own personal interests, but also an abuse of power insofar as the president was putting American national security interests BEHIND his own personal interests." pic.twitter.com/pbtgiUatmh
— CAP Action (@CAPAction) December 4, 2019
Roby gives Turley a response to Richmond's questions.
— emptywheel (@emptywheel) December 4, 2019
Turley: Problem is not that abuse of power can't be impeachable offense, you just have to prove it.
This is why someone HAS to ask him abt the evidence.
Calls this a "rocket docket."
Roby (R) — how can we have experts testify about possible grounds of impeachment until we choose grounds for impeachment? (WTF?)
Rep. Martha Roby wants Judiciary to call more fact witnesses so we can hear more facts. Sure! Go for it! Haul them in!
— Hunter (@HunterDK) December 4, 2019
If you don't have Mulvaney's phone number, ask Rudy for it!
New Rule for Congressional Hearings: No member can read the same quote or ask the same question once it has been read or asked 10 times.
— Jeff Greenfield (@greenfield64) December 4, 2019
Reminder: Contrary to what Turley and Roby are saying, the House *has* subpoenaed several witnesses with direct knowledge.
— The Moscow Project (@moscow_project) December 4, 2019
The White House has just blocked all of them from testifying.
Here's the list from yesterday's report: https://t.co/9MdDmgPvPC pic.twitter.com/01Ra8LPjkV
Oh shit. It’s Matt Gaetz.
Gaetz is bad at this. He tries gotcha questions and the professors are smarter than him. For example, he asks Feldman about words he wrote against impeachment IN MAY. Feldman says, “Yeah, I was against it in May. And then all this evidence came out” (paraphrase).
Matt Gaetz is VERY ANGRY that non-conservatives exist and say bad things about conservatives and argle bargle i'm gonna bite the head off this lizard because you HURT OUR FEELINGS you stupid ivory tower book learners.
— Hunter (@HunterDK) December 4, 2019
God, he's a human aspirin commercial.
Matt Gaetz is VERY ANGRY that non-conservatives exist and say bad things about conservatives and argle bargle i'm gonna bite the head off this lizard because you HURT OUR FEELINGS you stupid ivory tower book learners.
— Hunter (@HunterDK) December 4, 2019
God, he's a human aspirin commercial.
Yes, yes, with all the evidence that the president welcomed foreign influence in the last election and is actively seeking it for the next election, we really should just wait for the election to decide his fate, yes, yes, brilliant point.
— Kevin M. Kruse (@KevinMKruse) December 4, 2019
Swalwell now. Takes it a little to Turley.
Swalwell, as former prosecutor, I recognize defense attorney, I recognize you're representing the gop.
— emptywheel (@emptywheel) December 4, 2019
Turley: Not my intent.
Swalwell does clean-up with Feldman. Trump is running out the clock and making court challenges of subpoenas where the law is settled by US v. Nixon.