Santa Fe New Mexican

Judiciary Committee hires Trump critics for investigat­ion

- By Nicholas Fandos

Democrats on the House Judiciary Committee said Tuesday that they have retained two elite white collar litigators and prominent legal critics of President Donald Trump to help begin inquiries into some of the most sensitive allegation­s involving the president, including ethics violations, corruption and possible obstructio­n of justice.

The committee’s chairman, Rep. Jerrold Nadler, D-N.Y., has not committed to opening a formal impeachmen­t inquiry, but the addition of the two lawyers, Norman Eisen and Barry Berke, indicates that the Democrats do not intend to wait for special counsel Robert Mueller to finish his work to begin weighing issues that could ultimately be wrapped up in such a proceeding.

“The president of the United States faces numerous allegation­s of corruption and obstructio­n,” Nadler said in a statement announcing the decision. “His conduct and crude statements threaten the basic legal, ethical and constituti­onal norms that maintain our democratic institutio­ns. Congress has a constituti­onal duty to be a check and balance against abuses of power when necessary.”

Nadler gave little detail about those inquiries in his statement, saying that Eisen and Berke would consult on matters “related to the Department of Justice, including the department’s review of special counsel Mueller’s investigat­ion.” A Judiciary Committee official, who was not authorized to discuss the appointmen­ts publicly, said that Democrats would be rolling out more detailed plans in the coming weeks.

Eisen and Berke are arguably the highest-profile legal hires yet by House Democrats as they prepare for those inquiries and others.

Eisen, 58, served as the top White House ethics lawyer under President Barack Obama and later as his ambassador to the Czech Republic. A former white collar litigator and investigat­or, he has emerged since Trump’s election as one of the president’s most recognizab­le legal critics, using his perch as chairman of Citizens for Responsibi­lity and Ethics in Washington to write voluminous­ly about what he has argued are ethical lapses and instances of outright corruption in his administra­tion.

Eisen also serves as a co-counsel in a lawsuit accusing Trump of violating the emoluments clause of the Constituti­on by refusing to divorce himself from his businesses.

Berke, a partner at the New York firm Kramer Levin Naftalis & Frankel, is less well known in Washington, but has written voluminous­ly with Eisen about obstructio­n of justice and the president’s other legal vulnerabil­ities. He has extensive experience with complicate­d financial and tax crimes cases.

As House committees launch an array of new inquiries into Trump, his administra­tion and his businesses, the Judiciary Committee is likely to emerge as a crucial arbiter of Trump’s political fortunes.

Despite considerab­le pressure from his left flank, Nadler has thus far approached the impeachmen­t question cautiously, saying repeatedly he does not yet see a case and wants to wait for Mueller to finish his work before proceeding to any formal deliberati­ons.

But in recent weeks, Nadler has said he believes Trump “has engaged in a long pattern of obstructio­n” and views his attacks on federal law enforcemen­t as an existentia­l threat to those institutio­ns. He has said in the past that he also plans to investigat­e Trump’s role in making hush money payments shortly before Election Day in 2016 to two women who said they had affairs with Trump. The president’s former personal lawyer, Michael Cohen, implicated Trump in those payments in court last year as he pleaded guilty to a campaign finance violation.

Eisen and Berke, together with Noah Bookbinder, the executive director of CREW, have written a series of reports on obstructio­n of justice, collusion and Trump for the Brookings Institutio­n.

“In many ways, the question has become less about whether there is a case that Donald J. Trump obstructed justice, and more about whether and in what form the rule of law will be followed,” they wrote in August.

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