Trump’s Lawyer Writes to Jerry Nadler

Pelosi

Speaker of the House Nancy Pelosi announcing that the House will move forward with the impeachment of Donald Trump

Yesterday Donald Trump’s White House lawyer Pat Cipollone sent a letter to Jerry Nadler, chair of the House Judiciary Committee.  Here it is:

Dear Chairman Nadler:

As you know, your impeachment inquiry is completely baseless and has violated basic principles of due process and fundamental fairness. Nevertheless, the Speaker of the House yesterday ordered House Democrats to proceed with articles of impeachment before your Committee has heard a single shred of evidence.

House Democrats have wasted enough of America’s time with this charade. You should end this inquiry now and not waste even more time with additional hearings. Adopting articles of impeachment would be a reckless abuse of power by House Democrats, and would constitute the most unjust, highly partisan, and unconstitutional attempt at impeachment in our Nation’s history. Whatever course you choose, as the President has recently stated: “if you are going to impeach me, do it now, fast, so we can have a fair trial in the Senate, and so that our Country can get back to business.”

Several thoughts:

1.  House Democrats have heard plenty of evidence.  The suggestion that there is not a “single shred of evidence” is disingenuous.  It actually sounds like Trump wrote that sentence.  Moreover, this impeachment is not “baseless.”  Even Jonathan Turley, the GOP-chosen lawyer who testified earlier this week, agreed that there were things uncovered by the hearings that needed to be explored more fully.  But how can the House go any further when Trump won’t let people like Bolton, Pompeo, Giuliani, and others testify?  This is obstruction of justice.  Last time I checked, obstruction of justice was a crime.

2. While Cippolino is technically right when he says that “House Democrats” are impeaching Trump, it is actually the House of Representatives as a body that will impeach the president. The Constitution says that the House of Representatives have “the sole power of impeachment.”  It does not say that “House Democrats” or “House Republicans” have the power of impeachment.  There will be a vote and the results of that vote will represent the will of the House of Representatives on impeachment.   Plain and simple.

Many pro-Trumpers are saying that the impeachment process is undermining or delegitimizing the 2016 election.  There are many, many problems with such a suggestion.  For example, if you want to talk about undermining elections, one could say that such a belief undermines the midterm elections of 2018.  Let’s face it, in November 2018 the people spoke.  Now the member of the House of Representatives who were elected by the people are doing what they think is best for the republic.

3.  Cippolino complains that this impeachment is the most partisan impeachment in U.S. history.  However we rank the level of partisanship in this impeachment, it is important to remember that partisanship characterized the Johnson and Clinton impeachment as well as the attempt to impeach Nixon. Hamilton even commented on the partisan nature of impeachment in Federalist 65.  I encourage you to read it.

4. Cippolino says that the impeachment of Trump is “unconstitutional.”  This is impossible.  All impeachments are constitutional. The House always has the constitutional right to impeach the president.  It is part of their job description.

5. Let’s face it,  Donald Trump will be the third U.S. president to be impeached.  He will join Andrew Johnson and Bill Clinton in the history books.  He will be named in future classroom lectures and multiple choice tests.  There will be no asterisk next to his name.  Whether or not he is removed from office or not, this will be his legacy.