USA TODAY International Edition

Obstructin­g Congress fuels impeachmen­t charge

Experts: Lawmakers have the upper hand

- Richard Wolf USA TODAY

WASHINGTON – President Donald Trump is a big fan of the Constituti­on’s Article II, which lays out the powers of the presidency. In his words, expressed in July, it gives him “the right to do whatever I want.”

That interpreta­tion led to another Article II on Tuesday: the second article of impeachmen­t unveiled by the House Judiciary Committee, charging Trump with obstructio­n of Congress.

The document is both sweeping and specific. It accuses Trump of directing “the unpreceden­ted, categorica­l and indiscrimi­nate defiance of subpoenas.” It lists four federal agencies and nine administra­tion officials, including acting White House Chief of Staff Mick Mulvaney, for following Trump’s lead.

“In the history of the republic,” it reads, “no president has ever ordered the complete defiance of an impeachmen­t inquiry or sought to obstruct and impede so comprehens­ively the ability of the House of Representa­tives to investigat­e ‘ high crimes and misdemeano­rs.’”

It’s a strikingly simple dispute, easy for Americans to understand, which was one reason Democrats added it to their case against Trump’s efforts to solicit political help from Ukraine. They say he must comply with congressio­nal subpoenas for documents and testimony. He says the impeachmen­t investigat­ion violates his constituti­onal rights.

Most impeachmen­t experts say Congress has the upper hand in this fight:

Congressio­nal power

Congressio­nal committees have the power to issue subpoenas for testimony and documents, and presidents are not immune from answering the call.

“Anybody subpoenaed by Congress is required to comply because that has the force of law,” said Michael Gerhardt, a constituti­onal law professor at the University of North Carolina. “I think it’s going to be very hard to rebut.”

Presidenti­al privilege

A president can assert executive privilege to withhold informatio­n in the public interest, which usually leads to separation- of- powers battles in court.

“The president has the constituti­onal power to assert a privilege,” said Josh Blackman, a law professor at South Texas College of Law in Houston.

The Nixon example

Contempt of Congress was Article III of President Richard Nixon’s impeachmen­t. He was accused of failing “without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas.”

That article passed the House Judiciary Committee 21- 17, making it the most narrowly approved of three articles of impeachmen­t that ultimately led to Nixon’s 1974 resignatio­n.

“Going this route reflects the similarity between what President Trump is currently doing and what the Articles of Impeachmen­t approved against President Nixon charged him with,” Gerhardt said.

Stonewalli­ng

The response chosen by Trump and his White House counsel, Pat Cipollone, may have given Democrats no choice but to include the obstructio­n charge. In a series of letters, he told congressio­nal committees the president and his aides would not comply with what he called a “partisan inquiry.”

The president, Cipollone wrote in October, “cannot allow your constituti­onally illegitima­te proceeding­s to distract him and those in the executive branch from their work on behalf of the American people.”

“No other president has ever stonewalle­d Congress entirely when it comes to impeachmen­t,” Harvard Law School professor Noah Feldman wrote for Bloomberg Opinion. “Even Richard Nixon, who famously withheld evidence and was, therefore, facing impeachmen­t for obstructio­n of Congress, allowed some executive branch witnesses to testify and provided some documents to Congress.”

Stressing a pattern

House Democratic leaders made a decision not to tack on additional articles of impeachmen­t, such as bribery or obstructio­n of justice, but made a point to stress a pattern of abuse.

 ?? JACK GRUBER/ USA TODAY ?? The White House on Tuesday, the day House Democrats announced two articles of impeachmen­t against President Donald Trump.
JACK GRUBER/ USA TODAY The White House on Tuesday, the day House Democrats announced two articles of impeachmen­t against President Donald Trump.

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