by Prof. Frank Bowman (Author of High Crimes and Misdemeanors - Impeachment in the Age of Trump
The White House letter of October 8 refusing all executive branch cooperation with the ongoing House impeachment inquiry is, simply put, a public relations exercise. The legal arguments it intersperses between insults to members of the House Democratic leadership and appeals to the President’s base voters are without foundation. The errors and mischaracterizations are so numerous that they cannot all be addressed in this space. Instead, I will consider only the fundamental misconceptions at the heart of the White House argument, as well as a single illustrative historical incident – the impeachment proceedings against President Andrew Johnson.
The White House justifies its refusal to respond to the House’s investigative demands on three basic grounds: First, it claims that the House impeachment inquiry is “constitutionally invalid” because the full House has not passed a resolution specifically authorizing an impeachment inquiry of this president. Second, it maintains that the House inquiry now underway is illegitimate because it does not afford the president “due process” rights the letter suggests are required under the Constitution. Third, it asserts that the first two points are established by “every past precedent.” All these assertions are wrong.
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