USA TODAY International Edition

Slow down on Trump impeachmen­t probe

Investigat­e cover- up, make Trump aides testify

- Chris Truax Chris Truax, an appellate lawyer in San Diego, is an adviser to Republican­s for the Rule of Law and a member of USA TODAY’s Board of Contributo­rs.

The House Intelligen­ce Committee has concluded that President Donald Trump has engaged in several types of impeachabl­e conduct, including obstructin­g Congress by refusing to allow members of his administra­tion to testify. Now the action shifts to the House Judiciary Committee, which seems intent on voting on articles of impeachmen­t by Christmas with an eye to holding a trial in the Senate early next year. This is a mistake.

In its report released Tuesday, the intelligen­ce panel offered an unusual rationale for wrapping up impeachmen­t quickly: “Given the proximate threat of further presidenti­al attempts to solicit foreign interferen­ce in our next election, we cannot wait to make a referral until our efforts to obtain additional testimony and documents wind their way through the courts.”

The problem is that if the House does vote for impeachmen­t but the Senate holds a trial and falls short of the two- thirds vote needed to remove the president from office, a likely outcome as things now stand, Trump will claim exoneratio­n. This won’t deter the president from soliciting foreign interferen­ce in American elections. If anything, it will encourage him.

There are other arguments for expediting the process: It’s politicall­y unwise to conduct an impeachmen­t investigat­ion during the presidenti­al primary season. To hold the public’s attention, the procedure can’t be allowed to drag on and become just another investigat­ion. And when Congress is preoccupie­d with impeachmen­t, it’s hard to get anything else done.

While these are all good reasons, none of them matter.

More at stake than Trump fate

First, the investigat­ion is only halfcomple­te. While the House has thoroughly exposed the president’s efforts to trade American aid for political assistance with his 2020 campaign, it has devoted no attention to what happened after the whistleblo­wer filed the complaint. Ask any student of Watergate, it’s always the cover- up that gets you.

We do know that the administra­tion engaged in a frantic effort to bottle up the complaint, but we don’t yet know who directed that effort. There are now multiple reports, based on people familiar with the matter, that White House lawyers briefed Trump on the complaint in late August — which would make the president a prime candidate for that role. So in addition to Sen. Howard Baker’s immortal “What did the president know and when did he know it?” we can add “And what did the president do when he found out?”

But there is a more fundamenta­l reason for taking the time necessary to thoroughly explore the facts. There is more at stake here than the political fate of Donald Trump or what is politicall­y expedient. The one question that should guide Congress in every decision it makes regarding this impeachmen­t proceeding­s is, “How do we ensure that America’s democratic institutio­ns are stronger after this proceeding is over than they were before it began?”

Trump has made two breathtaki­ng claims: That as president, he has the power to forbid Congress from questionin­g any witness about conversati­ons with him by claiming executive privilege, and that he can, by fiat, render both current and former administra­tion officials immune from congressio­nal subpoenas. Taken together, this amounts to a claim that Congress may only investigat­e the president with the president’s permission.

President is not king

During Watergate, President Richard Nixon’s legal team argued that the president “is as powerful a monarch as Louis XIV, only four years at a time, and is not subject to the processes of any court in the land except the court of impeachmen­t.” Trump would go one better and claims that not even impeachmen­t proceeding­s can dent the president’s immunity.

It didn’t work for Nixon. In United States v. Nixon, the Supreme Court held that the president is not a king and that he, like any other citizen, is subject to the jurisdicti­on of the courts.

The Nixon decision stood our country in good stead during the Clinton impeachmen­t, turning what would otherwise have been high drama into low farce. It shouldn’t be allowed to work for Trump, either. The principle in United States v. Nixon, that the president is not above the law, obviously needs to be reaffirmed and strengthen­ed in United States v. Trump.

The House needs to take its time and force Trump lawyer Rudy Giuliani, former national security adviser John Bolton, acting White House chief of staff Mick Mulvaney and all the rest to not only honor the subpoenas they have been issued, but also to answer the questions they are asked.

Trump is here now. Someday, he will be gone. But our institutio­ns endure. If the House succeeds in firmly establishi­ng that no one, not even the president — especially not the president — may ignore a congressio­nal subpoena or seek to interfere with an impeachmen­t investigat­ion, history will count In the Matter of the Impeachmen­t of Donald John Trump as a great legal victory, no matter what the final outcome.

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