New York Daily News

NADLER’S TURN IN IMPEACH RING

Put up or shut up, House chair tells Don

- BY CHRIS SOMMERFELD­T

John Bolton on Tuesday put what was likely the final nail in his impeachmen­t testimony coffin.

An attorney for the ex-national security adviser said a high-stakes court decision another former White House official won’t compel him to testify in the House impeachmen­t probe, dashing just about all hope that Bolton (inset) will soon share with Congress what he knows about President Trump’s Ukraine scandal.

The attorney, Chuck Cooper,, claimed Monday’s ruling that former White House counsel Don McGahn must comply with a subpoena to testify before the House Judiciary Committee doesn’t apply to Bolton because of the national security focus of his former job.

“In McGahn, the House Judiciary Committee emphasized to the district court that the informatio­n it sought from Mr. McGahn ‘did not involve the sensitive topics of national security or foreign affairs,’ ” Cooper said in a statement. “Therefore, any passing references in the McGahn decision to presidenti­al communicat­ions concerning national security matters are not authoritat­ive.”

Rather, Cooper signaled Bolton will wait for a judge to decide a separate court case involving Charles Kupperman, a former top National Security Council official who followed Trump’s orders to stonewall an impeachmen­t inquiry subpoena and then asked a federal judge to decide whether he should listen to Congress or the president.

The Kupperman case will likely take months to be resolved.

Meanwhile, House Intelligen­ce Committee Chairman Adam Schiff — confident in the evidence already collected — said Tuesday that his panel is handing over its findings to the House Judiciary Committee as early as next week for considerat­ion and drafting of articles of impeachmen­t.

Cooper represents Kupperman as well and said his case will produce a more “authoritat­ive and binding judicial ruling” on testimony relating to national security matters.

Rep. Jerrold Nadler is officially picking up the impeachmen­t baton — and telling President Trump to put up or shut up.

The New York congressma­n, who leads the House Judiciary Committee, announced Tuesday that his powerful panel will host its first impeachmen­t hearing next week — and Trump is welcome to attend.

“The president has a choice to make: He can take this opportunit­y to be represente­d in the impeachmen­t hearings, or he can stop complainin­g,” Nadler said in a statement after sending a letter to Trump informing him the hearing will take place on Dec. 4 and that he can either participat­e in person or dispatch his lawyers.

“I hope that he chooses to participat­e in the inquiry, directly or through counsel, as other presidents have done before him,” Nadler added.

“The committee intends this hearing to serve as an opportunit­y to discuss the historical and constituti­onal basis of impeachmen­t, as well as the framers’ intent and understand­ing of terms like ‘high crimes and misdemeano­rs,’ ” Nadler wrote, adding that a panel of constituti­onal scholars will be present to provide historical context.

The Manhattan Democrat gave Trump’s team until Sunday night to let him know what the president’s plans are.

Jay Sekulow, one of Trump’s impeachmen­t lawyers, referred questions to the White House, which did not return a request for comment.

It’s highly unlikely that Trump would attend in person, as he’s slated to participat­e in a summit with NATO allies in England on Dec. 4. The hearing will mark the first time since the impeachmen­t inquiry began that Trump can have his lawyers present.

Trump has complained for weeks that the impeachmen­t process lacks transparen­cy, even though nine back-toback public hearings were held last week.

On Tuesday, Trump offered a novel reason for why he has blocked several key administra­tion officials from testifying in the inquiry.

“I am fighting for future presidents and the office of the president,” Trump tweeted. “I would love to have Mike Pompeo, Rick Perry, Mick Mulvaney and many others testify about the phony Impeachmen­t Hoax…but future presidents should in no way be compromise­d.”

Nadler’s letter comes on the heels of House Intelligen­ce Chairman Adam Schiff’s Monday announceme­nt that his panel is working on its final investigat­ive report, which will serve as the basis for the judiciary panel as it considers and potentiall­y drafts articles of impeachmen­t against Trump.

Schiff said he expects to release the impeachmen­t report “soon after Congress returns from the Thanksgivi­ng recess.”

The report is expected to summarize the evidence gathered by Schiff’s investigat­ors over the course of several weeks of closed-door and public testimony about Trump’s attempts to pressure Ukrainian

President Volodymyr Zelensky into launching investigat­ions of Joe Biden’s family and supposed Ukrainian meddling in the 2016 U.S. election.

Also Tuesday, Schiff released transcript­s of the closed-door deposition­s of Mark Sandy, a career official in the White House budget office, and Philip Reeker, a State Department official in the European bureau.

Sandy, who bucked orders from Trump to stonewall the probe, testified in his Nov. 16 appearance that Trump on July 12 personally directed a freeze on the $391 million in U.S. military aid that previous impeachmen­t witnesses have said was used as leverage in the bid to press Ukraine to launch the investigat­ions.

Sandy said he repeatedly inquired about why the aid was put on hold, but didn’t receive an answer until September, when he was told the cash was frozen amid concerns about other European countries not giving Ukraine enough assistance.

Schiff said that belated justificat­ion reeked of a coverup.

 ??  ?? House Judiciary Committee Chairman Jerrold Nadler (left) invited President Trump or his lawyers to attend hearings next week that will focus on constituti­onal basis of impeachmen­t.
House Judiciary Committee Chairman Jerrold Nadler (left) invited President Trump or his lawyers to attend hearings next week that will focus on constituti­onal basis of impeachmen­t.
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