requests.[1] However, public statements from prominent Democrats suggest they are pursuing impeachment purely for partisan reasons—that they seeking to prevent President Trump's reelection in 2020.[2] The Democrats' unfair and abusive impeachment process confirms that they are not interested in pursuing a full understanding of the facts.
Even despite the Democrats' partisan rhetoric and unfair process, President Trump has been transparent about his interactions with Ukrainian President Zelensky. President Trump has released to the public documents directly relevant the subject matter and he has spoken publicly about the issues. Democrats cannot justly condemn President Trump for declining to submit to their abusive and fundamentally unfair process.
A. Democrats have abandoned long-standing precedent by failing to guarantee due process and fundamental fairness in their impeachment inquiry.
The two recent impeachment investigations into presidents by the House of Representatives were largely identical to each other despite the passage of two decades. In 1974, the House authorized an impeachment inquiry into President Nixon by debating and passing House Resolution 803.[3] This resolution authorized the Committee on the Judiciary to issue subpoenas, including those offered by the minority; to sit and act without regard to whether the House stood in recess; and to expend funds in the pursuit of the investigation.[4] In 1998, the House passed House Resolution 581, a nearly identical resolution authorizing an impeachment inquiry into President Clinton.[5]
In 1974, the House undertook this action because "the rule of the House defining the jurisdiction of committees does not place jurisdiction over impeachment matters in the Judiciary Committee. In fact, it does not place such jurisdiction anywhere."[6] Passing a resolution authorizing the inquiry was "a necessary step if we are to meet our obligations [under the Constitution]."[7] By passing the resolution, the House sought to make "[t]he committee's investigative authority . . . fully coextensive with the power of the House in an impeachment investigation . . . ."[8]
Notably, in empowering the Judiciary Committee to conduct the Nixon impeachment inquiry, the House granted subpoena power to the minority, an action that was "against all precedents" at the time.[9] During debate, Members made it "crystal clear that the authority given to the minority [ranking] member and to the chairman, the right to exercise authority [to issue a
- ↑ See letter from Pat A. Cipollone, Counsel to the President to Speaker Nancy Pelosi et al. 8 (Oct. 8, 2019).
- ↑ See, e.g., Weekends with Alex Witt (MSNBC television broadcast May 5 2019) (interview with Rep. Al Green).
- ↑ H. Res. 803, 93rd Cong. (1974).
- ↑ See Id.
- ↑ H. Res. 581, 105th Cong. (1998).
- ↑ 130 Cong. Rec. 2351 (Feb. 6, 1974) (statement of Rep. Hutchinson).
- ↑ Id. at 2350 (statement of Rep. Rodino).
- ↑ H.R. Rep. No. 93-774, at 3 (1974).
- ↑ 130 Cong. Rec. at 2352 (statement of Rep. Brooks).
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