George Conway and Neal Katyal: How Pelosi should play her impeachment cards
By George T. Conway III and Neal K. Katyal
Jan. 10, 2020 at 6:37 p.m. EST
George T. Conway III is a lawyer in New York and an adviser to the Lincoln Project, an anti-Trump super PAC. Neal Katyal, a law professor at Georgetown University, is the author of “Impeach: The Case Against Donald Trump” and previously served as the acting solicitor general of the United States.
House Speaker Nancy Pelosi (D-Calif.) has announced that she plans to transmit the articles of impeachment to the Senate, but that does not mean she has lost in the seeming standoff with Senate Majority Leader Mitch McConnell (R-Ky.) over whether to call witnesses at the Senate trial. McConnell has said “there’s no chance the president’s going to be removed from office” and “there will be no difference between the president’s position and our position.” In response, Pelosi still has cards in her hand — if she plays them — because the House approved two articles of impeachment against President Trump.
The first article of impeachment effectively charges the president with shaking down Ukraine; the second impeaches him for his unprecedented obstruction of Congress. That gives the speaker room to maneuver. She could choose to tweak her announcement and send only the second article, on obstruction, for trial. Or she could transmit them both — along with a House-approved provision advising the Senate that if it fails to obtain adequate witnesses and documents, the House will reopen the investigation into Article I and subpoena that material itself.
Separating the two articles — our preferred approach — would make perfect sense. When it comes to the second article, all the evidence about Trump’s obstruction is a matter of public record. There’s nothing more to add, so the second article is ripe for trial. But as to the first, although there is plenty of evidence demonstrating Trump’s guilt, his obstruction has prevented all of the evidence from coming to light.
Since the House voted to approve the articles of impeachment last month, new revelations of Trump’s involvement have emerged, including emails showing that aid was ordered withheld from Ukraine 91 minutes after Trump’s supposedly “perfect” phone call with President Volodymyr Zelensky. Trump’s former national security adviser, John Bolton, has said he is willing to testify before the Senate if subpoenaed, and Bolton’s lawyer has said he has new information, yet McConnell has balked at assurances that Bolton would be called.
How can one conduct a “trial” without knowing this evidence? As lawyers, we have never heard of a trial without witnesses. Both past impeachment trials of presidents featured witnesses — including 41 in the impeachment of President Andrew Johnson. And the lack of witnesses is particularly striking given the shell game Trump and his Republican colleagues have played. In the House, Trump prevented executive branch employees from testifying, but said some of them would be able to testify in the Senate. Now that we are in the Senate, Republicans say these folks should have testified in the House. Lewis Carroll would be pleased.
more:
http://www.washingtonpost.com/opinions/george-conway-and-neal-katyal-how-pelosi-should-play-her-impeachment-cards/2020/01/10/4ab9bdd2-33e7-11ea-91fd-82d4e04a3fac_story.html
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