Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

White House and Democrats fight over rules for impeachment

The Constitution gives the House "the sole power of impeachment" - but it confers that authority without an instruction manual. Now comes the battle royal over exactly what it means.

The U.S. Constitution gives the House "the sole power of impeachment"- but it confers that authority without an instruction manual.

Now comes the battle royal over exactly what it means.

In vowing to halt all cooperation with House Democrats' impeachment inquiry, the White House on Tuesday labeled the investigation "illegitimate" based on its own reading of the Constitution's vague language.

In an eight-page letter, White House counsel Pat Cipollone pointed to House Speaker Nancy Pelosi's failure to call for an official vote to proceed with the inquiry as grounds to claim the process a farce.

"You have designed and implemented your inquiry in a manner that violates fundamental fairness and constitutionally mandated due process," Cipollone wrote.

But Douglas Letter, a lawyer for the House Judiciary Committee, told a federal judge Tuesday that it's clear the House "sets its own rules" on how the impeachment process will play out.

The White House document lacked much in the way of legal arguments, seemingly citing cable TV news appearances as often as case law. And legal experts cast doubt upon its effectiveness.

"I think the goal of this letter is to further inflame the president's supporters and attempt to delegitimize the process in the eyes of his supporters," said Stephen Vladeck, a law professor at the University of Texas.

Courts have been historically hesitant to step in as referee for congressional oversight and impeachment. In 1993, the Supreme Court held that impeachment was an issue for the Congress and not the courts.

In that case, Walter Nixon, a federal district judge who was removed from office, sought to be reinstated and argued that the full Senate, instead of a committee that was established to hear testimony and collect evidence, should have heard the evidence against him.

The court unanimously rejected the challenge, finding impeachment is a function of the legislature that the court had no authority over.

As for the current challenge to impeachment, Vladeck said the White House letter "does not strike me as an effort to provide sober legal analysis."

Gregg Nunziata, a Philadelphia attorney who previously served as general counsel and policy adviser to Republican Sen. Marco Rubio, said the White House's letter did not appear to be written in a "traditional good-faith back and forth between the legislative and executive branches."

He called it a "direct assault on the very legitimacy of Congress' oversight power."

"The Founders very deliberately chose to put the impeachment power in a political branch rather the Supreme Court," Nunziata told The Associated Press. "They wanted this to be a political process and it is."

G. Pearson Cross, a political science professor at the University of Louisiana at Lafayette, said the letter appeared to act as nothing more than an accelerant on a smoldering fire.

"It's a response that seems to welcome a constitutional crisis rather than defusing one or pointing toward some strategy that would deescalate the situation," Cross said.

After two weeks of a listless and unfocused response to the impeachment probe, the White House letter amounted to a declaration of war.

It's a strategy that risks further provoking Democrats in the impeachment probe, setting up court challenges and the potential for lawmakers to draw up an article of impeachment accusing President Donald Trump of obstructing their investigations.

Democrats have said that if the White House does not provide the information, they could write an article of impeachment on obstruction of justice.

It is unclear if Democrats would wade into a lengthy legal fight with the administration over documents and testimony or if they would just move straight to considering articles of impeachment.

House Intelligence Committee Chairman Adam Schiff, D-Calif., who is leading the Ukraine probe, has said Democrats will "have to decide whether to litigate, or how to litigate."

But they don't want the fight to drag on for months, as he said the Trump administration seems to want to do.

A federal judge heard arguments Tuesday on whether the House had undertaken a formal impeachment inquiry despite not having taken an official vote and whether it can be characterized, under the law, as a "judicial proceeding."

The distinction matters because while grand jury testimony is ordinarily secret, one exception authorizes a judge to disclose it in connection with a judicial proceeding. House Democrats are seeking grand jury testimony from special counsel Robert Mueller's Russia investigation as they conduct the impeachment inquiry.

AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
U.S. and Hungarian Officials Talk About Economic Collaboration and Sanctions Strategy
Technology Giants Activate Lobbying Campaigns Against Strict EU Regulations
Pope Francis Admitted to Hospital in Rome Amid Increasing Speculation on Succession
Zelensky Calls on World Leaders to Back Peace as Tensions Rise with Trump
UK Leader Keir Starmer Calls for US Security Guarantee in Ukraine Peace Deal
NATO Chief Urges Higher Defense Expenditure in Europe
The negotiation teams of Trump and Putin meet directly, establishing the groundwork for a significant advancement.
Rubio Touches Down in Riyadh Before Key U.S.-Russia Discussions
Students in Serbian universities Unite to Hold Coordinated Protests for Accountability.
US State Department Removes Taiwan Independence Statement from Website
Abolishing opposition won't protect Germany from Nazism—this is precisely what led Germany to become Nazi!
Transatlantic Gold Rush: Traders Shift Bullion in Response to Tariff Anxieties and Market Instability
Bill Ackman Backs Uber as the Company Shifts Towards Profitability
AI Titans Challenge Nvidia's Supremacy in Light of New Chip Innovations
US and Russian Officials to Meet in Saudi Arabia Over Ending Ukraine Conflict. Ukraine and European leaders – who profit from this war – excluded from the negotiations.
Macron Calls for Urgent Summit as Ukraine Conflict Business Model is Threatened
Trump’s Defense Secretary: Ukraine Won’t Join NATO or Regain Lost Territories
Zelensky Urges Europe to Bolster Its Military in Light of Uncertain US Backing
Chinese Zoo Confesses to Dyeing Donkeys to Look Like Zebras
Elon Musk is Sherlock Holmes - Movie Trailer Parody featuring Donald Trump's Detective
Trump's Greenland Suggestion Sparks Sovereignty Discussions Amid Historical Grievances
OpenAI Board Dismisses Elon Musk's Offer to Acquire the Company.
USAID Uncovered: American Taxpayer Funds Leveraged to Erode Democracy in Europe Until Trump Put a Stop to It.
JD Vance and Scholz Did Not Come Together at the Munich Security Conference.
EU Official Participates in Discussions in Washington Amid Trade Strains
Qatar Contemplates Reducing French Investments Due to PSG Chief Investigation
Germany's Green Agenda Encounters Ambiguity Before Elections
Trump Did Not Notify Germany's Scholz About His Ukraine Peace Proposal.
Munich Car Attack Escalates Migration Discourse Before German Elections
NATO Allies Split on Trump's Proposal for 5% Defense Spending Increase
European Parliament Advocates for Encrypted Messaging to Ensure Secure Communications
Trump's Defense Spending Goal Creates Division Among NATO Partners
French Prime Minister Bayrou Navigates a Challenging Path Amid Budget Preservation and Immigration Discourse
Steering Through the Updated Hierarchy at the European Commission
Parliamentarian Calls for Preservation of AI Liability Directive
Mark Rutte Calls on NATO Allies to Increase Defence Expenditures
Dresden Marks the 80th Anniversary of the World War II Bombing.
Global Community Pledges to Aid Syria's Political Transition
EU Allocates €200 Billion for AI Investments, Introduces €20 Billion Fund for Gigafactories
EU Recognizes Its Inability to Close the USAID Funding Shortfall Due to Stalled US Aid
Commission President von der Leyen Missing from Notre Dame Reopening Due to Last-Minute Cancellation
EU Officializes Disinformation Code for Online Platforms, Omitting X
EU Fails to Fully Implement Key Cybersecurity Directives
EU Under Fire for Simplification Discussions Regarding Corporate Sustainability Reporting
Shein Encountering Further Information Request from the EU During Ongoing Investigation
European Commission Initiates Investigation into Shein as It Aims at Chinese E-Commerce Regulations
German Officials Respond to U.S. Proposal for Peace Talks with Russia
Senate Approves Robert F. Kennedy Jr. as Secretary of Health and Human Services.
Trump and Putin Engage in Discussions on Ukraine Peace Negotiations Amid Worldwide Responses
Honda and Nissan End Merger Talks
×