The Phnom Penh Post

Battle on to control Trump probe

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THE White House’s open defiance of the impeachmen­t investigat­ion has thrown the process into turmoil, with US President Donald Trump’s loya lists and adversarie­s scrambling to car ve a pat h for wards in t he batt le over the American presidency.

While some believe US Democrat House Speaker Nancy Pelosi’s effort to hold Trump accountabl­e is a profile in constituti­onal courage, Trump loyalists see a hyper-partisan abuse of power.

Either way, the process is likely to provoke a “national nightmare”, as constituti­onal scholar Cass Sunstein put it in his 2017 book Impeachmen­t: A Citizen’s Guide.

Will Democrats succeed in obtaining documents and testimony from key witnesses such as US diplomats, whose text messages show they helped coordinate efforts to pressure Ukraine into investigat­ing Trump’s political adversary Joe Biden?

Or can Trump thwart the process and essentiall­y block congressio­nal oversight?

Impeachmen­t proceeding­s have been undertaken just three times before in America’s 243-year history.

Andrew Johnson and Bill Clinton were impeached by the House of Representa­tives but survived Senate trials, while Richard Nixon, facing almost certain impeachmen­t and conviction by the Senate, resigned in 1974.

Today’s crisis “is a historic showdown”, said Chris Edelson, an assistant professor of government at American University.

The focus of the current impeachmen­t investigat­ion – pressuring another country’s leader to interfere in US elections – “is certainly a first”, he said, decrying Trump’s “brazen” effort with Ukraine.

The White House and its defenders have seized on Pelosi’s refusal to hold a floor vote to launch the inquiry, arguing the entire process is illegitima­te.

Law professor Frank Bowman at the University of Missouri disagrees.

“Nothing in the House rules requires that a resolution be passed before the full House . . . can take steps to exercise impeachmen­t power,” Bowman wrote in a blog post.

Pelosi has not signalled her timeline for filing articles of impeachmen­t, but lawmakers predict it could happen this year.

Several House committees are gathering informatio­n as part of the probe, and while they have been blocked at multiple turns, Pelosi says there is a “growing body of evidence” that shows Trump abused his office.

As the process accelerate­s, Trump’s administra­tion is girding for war in the courts, and a case on Tuesday in Washington related to special counsel Robert Mueller’s Russia investigat­ion may prove instructiv­e.

In arguing to a judge that House requests for grand jury materials in the Mueller probe be denied, Justice Department lawyers pointed to Nixon’s impeachmen­t case and said courts should not have given Watergate grand jury data to Congress, the Washington Post reported.

Ni xon went to t he Supreme Court in his fa i led bid to prevent t he release of incr iminating White House tapes, so t here is potent ia l for t he hig h cour t to be draw n into today’s impeachmen­t fight.

Trump said as much on Wednesday: “It probably ends up being a big Supreme Court case,” he told reporters.

Democrats are mulling whether to engage in a protracted court battle, or wrap up their investigat­ion with the evidence they have, add White House obstructio­n to articles of impeachmen­t and pull the trigger.

“The three-year and still ongoing efforts to gain access to President Trump’s federal income tax returns perfectly illustrate how effective” a White House legal team can be at stalling judicial proceeding­s, Harvard Law School constituti­onal scholar Laurence Tribe wrote in Wednesday’s USA Today.

If Trump is impeached, the process shifts to the Senate for a trial, where he can defend himself before the chamber.

To date, few Senate Republican­s have expressed deep concerns about Trump’s behaviour. With two-thirds of senators needed for a conviction and Republican­s in control 53-47, the odds remain in the president’s favour.

Americans are increasing­ly supportive of an inquiry, with around half of voters now in favour, recent polling shows.

But Democrats could turn hesitant about pursuing the ousting of Trump through any means other than the election if the process gets pushed too far into 2020.

“Obviously, the public forms an opinion over time as to the seriousnes­s of the charges,” Elaine Kamarck, director of the Brookings Institutio­n’s Centre for Effective Public Management, wrote of previous impeachmen­t efforts. “And they will do so again.”

 ?? CHIP SOMODEVILL­A/AFP ?? Partisan lines are running deep as US Democrats scramble to obtain material for impeachmen­t and the White House works to block oversight.
CHIP SOMODEVILL­A/AFP Partisan lines are running deep as US Democrats scramble to obtain material for impeachmen­t and the White House works to block oversight.

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