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Democratic presidential hopeful Biden urges Trump impeachment | Democratic presidential hopeful Biden urges Trump impeachment |
(32 minutes later) | |
Former US Vice-President Joe Biden has made his first call for President Donald Trump's impeachment. | Former US Vice-President Joe Biden has made his first call for President Donald Trump's impeachment. |
The Democratic front-runner in the 2020 presidential race told a rally that Mr Trump has "already convicted himself". | |
Democrats have launched an impeachment inquiry over claims that Mr Trump illegally pressured a foreign leader to investigate Mr Biden and his son. | Democrats have launched an impeachment inquiry over claims that Mr Trump illegally pressured a foreign leader to investigate Mr Biden and his son. |
Mr Trump denies wrongdoing and has dismissed the probe as a "witch hunt". | Mr Trump denies wrongdoing and has dismissed the probe as a "witch hunt". |
On Tuesday the White House said it would not co-operate, arguing that the proceedings were unconstitutional. | On Tuesday the White House said it would not co-operate, arguing that the proceedings were unconstitutional. |
Addressing supporters in New Hampshire on Wednesday, Mr Biden said the president had already "violated his oath of office" and "indicted himself by obstructing justice, refusing to comply with a congressional inquiry". | |
It was his most forceful response to date. | It was his most forceful response to date. |
Previously, the former vice-president had only gone so far as to back an inquiry to gather the facts, even as his top Democratic rivals were calling for impeachment. | Previously, the former vice-president had only gone so far as to back an inquiry to gather the facts, even as his top Democratic rivals were calling for impeachment. |
Shortly after Mr Biden spoke, Mr Trump hit back at "Sleepy Joe Biden" and his "failing campaign". | Shortly after Mr Biden spoke, Mr Trump hit back at "Sleepy Joe Biden" and his "failing campaign". |
Why is there an impeachment inquiry? | Why is there an impeachment inquiry? |
The Democratic-led inquiry is trying to establish whether the Republican president withheld nearly $400m (£327m) in aid to nudge Ukraine's president into launching an inquiry into Mr Biden and his son. | The Democratic-led inquiry is trying to establish whether the Republican president withheld nearly $400m (£327m) in aid to nudge Ukraine's president into launching an inquiry into Mr Biden and his son. |
Hunter Biden was on the board of a Ukrainian energy company, Burisma. | Hunter Biden was on the board of a Ukrainian energy company, Burisma. |
In a phone call on 25 July, Mr Trump asked the newly elected Volodymyr Zelensky to scrutinise the former US vice-president, who is a leading Democratic contender for next year's White House election. | In a phone call on 25 July, Mr Trump asked the newly elected Volodymyr Zelensky to scrutinise the former US vice-president, who is a leading Democratic contender for next year's White House election. |
A whistleblower raised concerns about the phone call, and the Democratic leader of the House of Representatives, Speaker Nancy Pelosi, announced a formal impeachment investigation last month. | A whistleblower raised concerns about the phone call, and the Democratic leader of the House of Representatives, Speaker Nancy Pelosi, announced a formal impeachment investigation last month. |
When Hunter Biden joined the firm in 2014, questions were raised about a potential conflict of interest for his father. | When Hunter Biden joined the firm in 2014, questions were raised about a potential conflict of interest for his father. |
But there is no evidence of wrongdoing on the part of the Bidens. | But there is no evidence of wrongdoing on the part of the Bidens. |
On Tuesday, the White House released an eight-page letter sent to top Democrat and House Speaker Nancy Pelosi, calling the inquiry "constitutionally invalid". | |
It continued: "In order to fulfil his duties to the American people... President Trump and his Administration cannot participate in your partisan and unconstitutional inquiry under these circumstances." | |
Ms Pelosi dismissed the letter as "manifestly wrong". | |
A self-inflicted wound | |
Analysis by Jonathan Turley, legal scholar | |
The letter rightfully raises concerns over the lack of a House vote and the secrecy of proceedings. The Democrats have limited Republicans in their effort to question witnesses and secure material. However, that is not a legitimate basis for refusing to co-operate or supply clearly material evidence. | |
The letter emphasises a lack of due process in the proceedings. Yet the constitution does not expressly require anything other than a vote of the House on impeachment itself and a majority threshold for any referral of the matter to the Senate for trial. | |
This is a constitutional function of the highest order for Congress. There is a legitimate basis for congressional investigation under both its oversight and impeachment authority. If proven, these allegations of self-dealing could be a basis for articles of impeachment. A president cannot simply pick up his marbles and leave the game because he does not like the other players. A refusal to co-operate with a constitutionally mandated process can itself be an abuse of power. | |
The letter is another avoidable self-inflicted wound by a White House that seems intent on counter-punching itself into an impeachment. There are defences here as well as viable privilege arguments. This letter however is eviscerating those defences with a reckless abandon. | |
Jonathan is professor of constitutional law at George Washington University |