Presidents and Impeachment: The House Investigation into Donald Trump
An impeachment inquiry against President Donald Trump was initiated by House Speaker Nancy Pelosi on September 24, 2019, after a whistleblower alleged that, in a phone call made on July 25, President Trump had abused the power of the presidency by pressuring the president of Ukraine in order to help the President in the 2020 election. Trump had asked the Ukrainian president to announce investigations of his political rival Joe Biden, Biden's son Hunter Biden, and the Ukrainian company Burisma (for which Hunter had worked). President Trump subsequently declassified a transcript of the call on the day the impeachment inquiry began. The whistleblower's complaint was given to Congress on September 25 and released to the public the next day.
In her announcement of September 24, 2019, Speaker Pelosi announced that six committees of the House of Representatives would undertake a formal impeachment inquiry into President Donald Trump. Six house committees were given job of investigating the President: the committees on Financial Services, the Judiciary, Intelligence, Foreign Affairs, Oversight and Reform, and Ways and Means.
Acting Director of National Intelligence Joseph Maguire testified publicly before the House Intelligence Committee on September 26, 2019. In his testimony, Maguire defended his decision not to immediately forward the whistleblower complaint to Congress that had been filed under the Intelligence Community Whistleblower Protection Act on August 12. He told the committee that he had consulted the White House Counsel and the Office of Legal Counsel at the Justice Department in order to determine whether the document was protected by executive privilege or not. Maguire was challenged by Democrats on the committee who claimed that the law demands that he "shall" forward such complaints to the committee. But Maguire said that since the complaint involves communications of the president he believed "it would be prudent to have another opinion" on the issue of whether or not executive privilege precluded him from doing so.
On September 27, 2019, a subpoena was issued by the House to obtain documents Secretary of State Mike Pompeo had refused to release earlier. These include several communications between President Trump, Giuliani, and Ukrainian government officials. In a letter to Pompeo, the Secretary was warned that if he failed to provide the requested documents to these committees, his failure to do so "shall constitute evidence of obstruction of the House's impeachment inquiry". The following week, a subpoena was also issued to Giuliani for production of documents.
On September 29, 2019, Polosi held a private conference call with Democratic lawmakers. In the call she informed them that three of the House committees will begin investigating the President's alleged abuse of power. The Intelligence Committee would focus on the contents of the whistleblower complaint and whether the complaint may have been wrongfully hidden from Congress. The Foreign Affairs Committee would focus on interactions the State Department may have had with the President's personal attorney Rudy Giuliani, and the Oversight and Reform Committee would investigate whether White House classification systems were used to secure potentially damaging records of phone calls between the President and various heads of state.
On October 4, 2019, the House Intelligence Committee issued subpoenas both to the White House and to Vice President Mike Pence for documents related to the whistleblower complaint. Among the documents requested are audio tapes, transcripts, notes, and other White House documents related to the whistleblower.
On October 8, 2019, the White House announced that it would cease all cooperation with the investigation. This was communicated in a letter from White House Counsel Pat Cipollone to Speaker Pelosi and the three committee chairmen conducting the impeachment investigation. Cipollone wrote that the investigation "violates the Constitution, the rule of law, and every past precedent" and that "The President cannot allow your constitutionally illegitimate proceedings to distract him and those in the Executive Branch." The letter went on to say that these "unprecedented actions have left the President with no choice. In order to fulfill his duties to the American people, the Constitution, the Executive Branch, and all future occupants of the Office of the Presidency, President Trump and his Administration cannot participate in your partisan and unconstitutional inquiry under these circumstances."
Speaker Pelosi responded to the letter saying "The White House should be warned that continued efforts to hide the truth of the president's abuse of power from the American people will be regarded as further evidence of obstruction." House Democrats have also suggested that a refusal to cooperate with this investigation could be the substance of a separate article of impeachment on obstruction.
Giuliani's lawyer, Jim A. Sale, also sent a letter to the House Intelligence Committee on October 15, 2019, stating that Giuliani will not provide documents subpoenaed by the committee, citing attorney–client and executive privilege.
Depositions were taken in October and November and public hearings were held earlier this month. These will be discussed in the remainder of this series.
In her announcement of September 24, 2019, Speaker Pelosi announced that six committees of the House of Representatives would undertake a formal impeachment inquiry into President Donald Trump. Six house committees were given job of investigating the President: the committees on Financial Services, the Judiciary, Intelligence, Foreign Affairs, Oversight and Reform, and Ways and Means.
Acting Director of National Intelligence Joseph Maguire testified publicly before the House Intelligence Committee on September 26, 2019. In his testimony, Maguire defended his decision not to immediately forward the whistleblower complaint to Congress that had been filed under the Intelligence Community Whistleblower Protection Act on August 12. He told the committee that he had consulted the White House Counsel and the Office of Legal Counsel at the Justice Department in order to determine whether the document was protected by executive privilege or not. Maguire was challenged by Democrats on the committee who claimed that the law demands that he "shall" forward such complaints to the committee. But Maguire said that since the complaint involves communications of the president he believed "it would be prudent to have another opinion" on the issue of whether or not executive privilege precluded him from doing so.
On September 27, 2019, a subpoena was issued by the House to obtain documents Secretary of State Mike Pompeo had refused to release earlier. These include several communications between President Trump, Giuliani, and Ukrainian government officials. In a letter to Pompeo, the Secretary was warned that if he failed to provide the requested documents to these committees, his failure to do so "shall constitute evidence of obstruction of the House's impeachment inquiry". The following week, a subpoena was also issued to Giuliani for production of documents.
On September 29, 2019, Polosi held a private conference call with Democratic lawmakers. In the call she informed them that three of the House committees will begin investigating the President's alleged abuse of power. The Intelligence Committee would focus on the contents of the whistleblower complaint and whether the complaint may have been wrongfully hidden from Congress. The Foreign Affairs Committee would focus on interactions the State Department may have had with the President's personal attorney Rudy Giuliani, and the Oversight and Reform Committee would investigate whether White House classification systems were used to secure potentially damaging records of phone calls between the President and various heads of state.
On October 4, 2019, the House Intelligence Committee issued subpoenas both to the White House and to Vice President Mike Pence for documents related to the whistleblower complaint. Among the documents requested are audio tapes, transcripts, notes, and other White House documents related to the whistleblower.
On October 8, 2019, the White House announced that it would cease all cooperation with the investigation. This was communicated in a letter from White House Counsel Pat Cipollone to Speaker Pelosi and the three committee chairmen conducting the impeachment investigation. Cipollone wrote that the investigation "violates the Constitution, the rule of law, and every past precedent" and that "The President cannot allow your constitutionally illegitimate proceedings to distract him and those in the Executive Branch." The letter went on to say that these "unprecedented actions have left the President with no choice. In order to fulfill his duties to the American people, the Constitution, the Executive Branch, and all future occupants of the Office of the Presidency, President Trump and his Administration cannot participate in your partisan and unconstitutional inquiry under these circumstances."
Speaker Pelosi responded to the letter saying "The White House should be warned that continued efforts to hide the truth of the president's abuse of power from the American people will be regarded as further evidence of obstruction." House Democrats have also suggested that a refusal to cooperate with this investigation could be the substance of a separate article of impeachment on obstruction.
Giuliani's lawyer, Jim A. Sale, also sent a letter to the House Intelligence Committee on October 15, 2019, stating that Giuliani will not provide documents subpoenaed by the committee, citing attorney–client and executive privilege.
Depositions were taken in October and November and public hearings were held earlier this month. These will be discussed in the remainder of this series.