As Twitchy reported last week, the White House was preparing to send a letter to House Speaker Nancy Pelosi informing her his administration didn’t have to comply with any demands from Congress unless the House went ahead and voted to launch an impeachment inquiry — a real one.
Trump campaign director of communications Tim Murtaugh on Wednesday tweeted why it was so important that the House actually hold a floor vote:
Dems’ impeachment farce is plainly unconstitutional.
No basic rights:
▪️To see & present evidence
▪️To call witnesses
▪️To have counsel present
▪️To cross-examine all witnesses
▪️To make objections
▪️To respond to evidence & testimonyObviously an illegitimate process.
— Tim Murtaugh (@TimMurtaugh) October 9, 2019
Brit Hume says he doubts the White House’s argument would hold up in court, but tying things up in court could also stall the impeachment fever that has overtaken the country:
I doubt WH arguments for refusal to cooperate with House impeachment inquiry will win in a court of law. But court of public opinion may be different. If House Dems appear to be ignoring previous norms and procedures, it will make them appear more partisan than they already do.
— Brit Hume (@brithume) October 9, 2019
Even with elections coming up for many of them, we can’t imagine House Democrats worrying about appearing more partisan than they already do.
What’s more, court arguments could hold up proceedings indefinitely, thus thwarting the blitzkrieg impeachment House Dems appear to be pursuing. The longer this drags on, the closer the election and more compelling the question: why not let the voters decide?
— Brit Hume (@brithume) October 9, 2019
That’s not a bad point. Do Democratic candidates actually want their cable news time taken over with televised impeachment hearings? Or would they prefer, as Pelosi seemed to favor, that her caucus just cool it with the impeachment talk?
I suppose House Dems could simply add non-cooperation to their case and impeach on the basis of obstruction of their inquiries. But that would leave the quid pro quo Ukraine investigation unfinished and add to the appearance of a party willing to impeach for any available reason.
— Brit Hume (@brithume) October 9, 2019
We’ve seen the video supercut of Democrats talking impeachment since before the inauguration, so that isn’t an appearance they can realistically avoid.
It will hold up in court, there is case law to support their refusal. Until the full house votes for the "inquiry" the democrats have no subpoena power in regards to an impeachment investigation. Re: Wilkinson vs United States
— Gary Rowlls (@growlls1) October 9, 2019
1) As announced in Wilkinson v. United States,[7] a Congressional committee must meet three requirements for its subpoenas to be "legally sufficient." First, the committee's investigation of the broad subject area must be authorized by its chamber;
— Gary Rowlls (@growlls1) October 9, 2019
2) second, the investigation must pursue "a valid legislative purpose" but does not need to involve legislation and does not need to specify the ultimate intent of Congress;
— Gary Rowlls (@growlls1) October 9, 2019
3) third, the specific inquiries must be pertinent to the subject matter area that has been authorized for investigation.
— Gary Rowlls (@growlls1) October 9, 2019
You really think a court is going to ignore the due process and Article 2 ramifications of a partisan impeachment where no questions are allowed from Republicans and witness testimony to be held in secret? Do Articles of Impeachment override other tenets of the Constitution?
— Philip Morrill (@PHMorrill) October 9, 2019
I disagree with your assertion that the WH would lose in the SCt. There are significant and righteous due process, right to the identification and confrontation of witnesses and kangaroo court arguments to be made here which are at the very foundation of our Constitution.
— Sherry Kerdman (@sherry_kerdman) October 9, 2019
I think one legal point that the President will argue is that the Constitution states that the House of Representatives has the sole discretion to open an impeachment. It does not say the speaker, or a committee. It says the House of Representatives. As in, the entire body.
— Lucy Wigglebottom III (@wwmullin) October 9, 2019
I think the end game here is for the Executive Branch to slow walk this to SCOTUS, where they will set down rules for impeachment so that future presidents are not dogged by this from day 1.
— Lucy Wigglebottom III (@wwmullin) October 9, 2019
The power to declare an impeachment inquiry doesn't reside in the office of the Speaker. If it did, it would destroy the principle of executive privilege. The Speaker would declare an impeachment inquiry anytime she wanted to override executive privilege, which is the case here.
— Deplorable ExWalmart Shopper with a Physics Degree (@Hierarchangel) October 9, 2019
Constitutionally the “house of representatives” has the power of impeachment, not Pelosi. I do not believe that Pelosi and Schiff can unilaterally start an impeachment inquiry without a house vote as they do not represent the entire house of representatives.
— Divine Health (@DivineHealth6) October 9, 2019
Even though the constitution doesn’t specifically require a vote for impeachment inquiry, there is precident, due process and the spirit of the Constitution that should prevent one party from wielding unbalanced power over the other, especially when it comes to the presidency.
— Divine Health (@DivineHealth6) October 9, 2019
There's no impeachment inquiry. The House needs to vote on it.
— Guerrilla Magoo ?? (@Guerrilla_Magoo) October 9, 2019
I disagree, Brit, because there's a due process argument AND a separation of powers argument. I think those things are game-changers.
— Gary Gross (@LFRGary) October 9, 2019
Respectfully disagree. If a court of law asks what “crime” is being investigated and the Dems, like now, have no plausible answer the courts may look askance at the Lefts requests.
— Charles Browning (@ChasBrowning) October 9, 2019
Courts rely heavily on precedent, and precedent says there should be a vote. That aside, my understanding under the current situation is that R’s don’t have same rights to call witnesses , etc as Dems and that will also play poorly in a court. However, maybe I’ve been misled?
— Joseph DeSouza (@Joe_DeSouza) October 9, 2019
That is completely my understanding as well. ?
— Angie Tatum (@angeleenie070) October 9, 2019
Why would the courts enforce a kangaroo court proceeding? Doubt it.
— Lars (@LarsUllern86) October 9, 2019
As has been argued by others, the Constitution leaves a lot open to interpretation on separation of powers, so precedent has a lot more legal weight than it might otherwise have. Precedent is 100% on the White House's side.
— my pronouns: Her Highness & Your Majesty ??? (@emilykholcomb) October 9, 2019
Gosh maybe a little accurate reporting from, I don't know, maybe Brit Hume, could show how the Democrats are following the previous "norms."
— Steve Michel (@pstevemichel) October 9, 2019
They are explained here by the son of the man who was counsel for the Nixon impeachment inquiry. https://t.co/98nVR1wHin
— Brit Hume (@brithume) October 9, 2019
They’re not going to court.
— Proud Deplorable (@HKirsh1) October 9, 2019
Brit, there isn’t an official impeachment process until the House votes to move in to impeachment, right? If they vote to move forward then the Trump administration will be able to call witnesses and cross examine their witnesses. They will never vote. It’s all one sided now.
— davidalbrecht (@spursrock50) October 9, 2019
It is nowhere written in the Constitution that there must be a vote for the impeachment inquiry to be “official.” It is ultimately a political matter and that’s why Dems must be careful not to appear utterly one-sided in pursuing this.
— Brit Hume (@brithume) October 9, 2019
How on earth could they be more partisan? Those of us who strive to manage our lives from one 24-hr period to the next ignore them because they are just stupid. Stupid. Impeaching a president because your candidate lost is simply inane, insufferable, and insulting…
— Tam (@cherokee1020) October 9, 2019
They’ve moved from partisan to mean spirited.
— Colorado (@Colorado_Right) October 9, 2019
Longterm they'll lose both fights.
— Pradheep J. Shanker (@Neoavatara) October 9, 2019
Things seem to be getting serious according to a Fox News poll out Wednesday night:
New: @FoxNews polling on impeachment —> pic.twitter.com/Z1A3itIMMM
— Kristen Soltis Anderson (@KSoltisAnderson) October 9, 2019
Related:
UH OH: Internal polling might explain why Trump’s daring House Dems to hold an impeachment vote https://t.co/Qzz58hWNqp
— Twitchy Team (@TwitchyTeam) October 7, 2019
