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| Impeachment Hearing Updates: Scholars Call Trump’s Actions an Abuse of Power | |
| (32 minutes later) | |
| Three constitutional scholars invited by Democrats to testify at Wednesday’s impeachment hearings told the House Judiciary Committee that President Trump’s efforts to pressure Ukraine for political gain clearly meet the historical definition of impeachable offenses. | |
| The three law professors appeared in the first impeachment hearing before the Judiciary panel as it kicked off a debate about whether to draft articles of impeachment against the president. | |
| Noah Feldman, a professor at Harvard, argued that attempts by Mr. 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. | Noah Feldman, a professor at Harvard, argued that attempts by Mr. 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 said. “Specifically, President Trump has 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, argued that Mr. Trump had “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 said, adding that Mr. Trump’s actions “are worse than the misconduct of any prior president.” | |
| Pamela S. Karlan, a Stanford law professor, told lawmakers that the president’s attempt to “strong arm a foreign leader” would not be considered politics as usual by historical standards. | Pamela S. Karlan, a Stanford law professor, told 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 said. “Put simply, a president should resist foreign interference in our elections, not demand it and not welcome it. If we are to keep faith with the Constitution and our Republic, President Trump must be held to account.” | |
| Jonathan Turley, a law professor at George Washington University who was invited to testify by the committee’s Republicans, offered the lone dissent, arguing in his opening statement that Mr. Trump should not be impeached. | Jonathan Turley, a law professor at George Washington University who was invited to testify by the committee’s Republicans, offered the lone dissent, arguing in his opening statement that Mr. Trump should not be impeached. |
| In a 53-page written statement submitted to the committee, Mr. Turley made it clear that he is not a supporter of the president and believes that the Ukraine matter warranted investigation. But he argued that the Democratic impeachment case is dangerously “slipshod” and premature. | In a 53-page written statement submitted to the committee, Mr. Turley made it clear that he is not a supporter of the president and believes that the Ukraine matter warranted investigation. But he argued 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 said. “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.” | “I am concerned about lowering impeachment standards to fit a paucity of evidence and an abundance of anger,” he said. “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 agreed 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.” | Offering an exhaustive and colorful account of the history of impeachment, Mr. Turley agreed 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 said, 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 argued the current case is destined for “collapse in a Senate trial.” | But for that to be the case, he said, 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 argued the current case is destined for “collapse in a Senate trial.” |
| The witnesses disagreed about one of the major legal issues facing the House: whether, if Mr. Trump did condition his performance of official actions like holding a White House meeting and releasing military aid on whether Ukraine would announce the investigations he wanted, that amounted to solicitation of a bribe — one of the specific offenses listed in the Constitution as grounds for impeachment. | |
| Ms. Karlan, a witness invited by Democrats, put it bluntly: “If you conclude that he asked for the investigation of Vice President Biden and his son for political reasons, that is to aid his re-election, then, yes, you have bribery here.” | |
| But Mr. Turley, the Republican-invited witness, said it was not a clear case of bribery. He said that a specific case of bribery the writers of the Constitution discussed was when a French king gave money and “other benefits, including apparently a French mistress,” to an English king in exchange for signing a secret treaty and converting to Catholicism. Mr. Turley suggested that example was too different from the accusation against Mr. Trump. | |
| He also noted that the Supreme Court in 2016 unanimously threw out the public corruption conviction of Bob McDonnell, the former governor of Virginia, whom prosecutors had accused of taking gifts from a businessman while performing official acts that benefited him. The court said what counted as bribery under a federal statute had to be interpreted narrowly. | |
| But Mr. Feldman said that the meaning of the word “bribery” for impeachment purposes was broader than any federal statute — because a federal statute can’t change the Constitution. | |
| “Bribery had a clear meaning,” to the framers, Mr. Feldman said. “If the House believes that the president solicited something of value in the form of investigations or an announcement of investigations, and that he did so corruptly for personal gain, then that would constitute bribery under the meaning of the Constitution and it would not be lawless. It would bribery under the law.”— Charlie Savage | |
| Speaker Nancy Pelosi convened a rare members-only Democratic Caucus meeting Wednesday morning to rally her rank-and-file members as the impeachment proceedings against President Trump got underway. | Speaker Nancy Pelosi convened a rare members-only Democratic Caucus meeting Wednesday morning to rally her rank-and-file members as the impeachment proceedings against President Trump got underway. |
| “Are you ready?” Ms. Pelosi asked. | “Are you ready?” Ms. Pelosi asked. |
| They were, Democratic lawmakers responded in unison, according to multiple people in the room who described the private meeting on condition of anonymity. | |
| The Democrats gave a standing ovation to Representative Adam B. Schiff of California, the chairman of the House Intelligence Committee, who has spearheaded the impeachment investigation. Mr. Schiff presented his panel’s 300-page report made public on Tuesday detailing the Democrats’ case against the president and fielded questions. | The Democrats gave a standing ovation to Representative Adam B. Schiff of California, the chairman of the House Intelligence Committee, who has spearheaded the impeachment investigation. Mr. Schiff presented his panel’s 300-page report made public on Tuesday detailing the Democrats’ case against the president and fielded questions. |
| “Nancy said, ‘Keep your cool and read the report,’” said Representative Donna Shalala, Democrat of Florida. | “Nancy said, ‘Keep your cool and read the report,’” said Representative Donna Shalala, Democrat of Florida. |
| Representative Dean Phillips, Democrat of Minnesota said the tenor of the room was, “Unanimity.” | Representative Dean Phillips, Democrat of Minnesota said the tenor of the room was, “Unanimity.” |
| As Ms. Pelosi mobilized her members, Vice President Mike Pence was delivering his own battle cry to Republicans at their weekly conference meeting. Mr. Pence praised the lawmakers and said he and Mr. Trump were proud of them for their strong impeachment defense, said an official familiar with the remarks. | As Ms. Pelosi mobilized her members, Vice President Mike Pence was delivering his own battle cry to Republicans at their weekly conference meeting. Mr. Pence praised the lawmakers and said he and Mr. Trump were proud of them for their strong impeachment defense, said an official familiar with the remarks. |
| But Mr. Pence also issued a marching order: “Turn up the heat” on House Democrats, he said.— Sheryl Gay Stolberg and Catie Edmondson | But Mr. Pence also issued a marching order: “Turn up the heat” on House Democrats, he said.— Sheryl Gay Stolberg and Catie Edmondson |
| Within the first hour of the House Judiciary Committee, the panel lived up to its reputation for partisan rancor. Republicans interrupted the proceedings to present Representative Jerrold Nadler, Democrat of New York and the committee’s chairman, with a letter demanding a day of minority hearings. | Within the first hour of the House Judiciary Committee, the panel lived up to its reputation for partisan rancor. Republicans interrupted the proceedings to present Representative Jerrold Nadler, Democrat of New York and the committee’s chairman, with a letter demanding a day of minority hearings. |
| They also forced votes on motions to call Mr. Schiff to testify before the panel and to suspend and postpone the hearing. | They also forced votes on motions to call Mr. Schiff to testify before the panel and to suspend and postpone the hearing. |
| Democrats knocked each down along party lines, but the proceeding stood in stark contrast with those of the relatively staid and orderly proceedings of Intelligence Committee that carried the impeachment inquiry for the last two months. And it was a harbinger of things to come as the impeachment battle enters a more intensive phase as Democrats rush toward a vote before Christmas. | Democrats knocked each down along party lines, but the proceeding stood in stark contrast with those of the relatively staid and orderly proceedings of Intelligence Committee that carried the impeachment inquiry for the last two months. And it was a harbinger of things to come as the impeachment battle enters a more intensive phase as Democrats rush toward a vote before Christmas. |
| In between the Republican parliamentary maneuvers, Mr. Nadler made no effort to cover up the unruly circumstances, but he put the blame on Mr. Trump. | In between the Republican parliamentary maneuvers, Mr. Nadler made no effort to cover up the unruly circumstances, but he put the blame on Mr. Trump. |
| “Ladies and gentlemen, the storm in which we find ourselves today was set in motion by President Trump,” Mr. Nadler said. “I do not wish this moment on the country. It is not a pleasant task that we undertake today. But we have each taken an oath to protect the Constitution, and the facts before us are clear.” | “Ladies and gentlemen, the storm in which we find ourselves today was set in motion by President Trump,” Mr. Nadler said. “I do not wish this moment on the country. It is not a pleasant task that we undertake today. But we have each taken an oath to protect the Constitution, and the facts before us are clear.” |
| When his turn to speak arrived, Representative Doug Collins of Georgia, the panel’s top Republican, offered a hard-edged rebuke of the Democrats. | When his turn to speak arrived, Representative Doug Collins of Georgia, the panel’s top Republican, offered a hard-edged rebuke of the Democrats. |
| “This may be a new time, a new place and we may be all scrubbed up and looking pretty for impeachment,” Mr. Collins said. “This is not an impeachment. This just a simple railroad job and today’s is a waste of time.” | “This may be a new time, a new place and we may be all scrubbed up and looking pretty for impeachment,” Mr. Collins said. “This is not an impeachment. This just a simple railroad job and today’s is a waste of time.” |
| — Nicholas Fandos | — Nicholas Fandos |
| As the minority party, Republicans have considerably less power in the Judiciary Committee than majority Democrats, but they can use parliamentary procedures to put up a fight and slow the proceedings. Republicans began availing themselves of those rights almost from the moment the hearing began, repeatedly interjecting and proposing motions, at times interrupting the witnesses mid-statement, and forcing Mr. Nadler to halt the process and hold a vote to lay aside the Republican objections. | As the minority party, Republicans have considerably less power in the Judiciary Committee than majority Democrats, but they can use parliamentary procedures to put up a fight and slow the proceedings. Republicans began availing themselves of those rights almost from the moment the hearing began, repeatedly interjecting and proposing motions, at times interrupting the witnesses mid-statement, and forcing Mr. Nadler to halt the process and hold a vote to lay aside the Republican objections. |
| They lost each time in party-line votes. | They lost each time in party-line votes. |
| Mr. Trump repeatedly pressured President Volodymyr Zelensky of Ukraine to investigate people and issues of political concern to Mr. Trump, including the former vice president. Here’s a timeline of events since January. | Mr. Trump repeatedly pressured President Volodymyr Zelensky of Ukraine to investigate people and issues of political concern to Mr. Trump, including the former vice president. Here’s a timeline of events since January. |
| A C.I.A. officer who was once detailed to the White House filed a whistle-blower complaint on Mr. Trump’s interactions with Mr. Zelensky. Read the complaint. | A C.I.A. officer who was once detailed to the White House filed a whistle-blower complaint on Mr. Trump’s interactions with Mr. Zelensky. Read the complaint. |
| Speaker Nancy Pelosi announced in September that the House would open a formal impeachment proceeding in response to the whistle-blower’s complaint. Here’s how the impeachment process works, and here’s why political influence in foreign policy matters. | Speaker Nancy Pelosi announced in September that the House would open a formal impeachment proceeding in response to the whistle-blower’s complaint. Here’s how the impeachment process works, and here’s why political influence in foreign policy matters. |
| House committees have issued subpoenas to the White House, the Defense Department, the budget office and other agencies for documents related to the impeachment investigation. Here’s the evidence that has been collected so far. | House committees have issued subpoenas to the White House, the Defense Department, the budget office and other agencies for documents related to the impeachment investigation. Here’s the evidence that has been collected so far. |
| Read about the Democrats’ rules to govern impeachment proceedings. | Read about the Democrats’ rules to govern impeachment proceedings. |