11 May 2019

The Impeachment Trap

Axios published a great short piece yesterday (link here) about how Donald Trump is caught in a no-win impeachment trap.

If Trump continues to refuse to provide any subpoenaed documents or witnesses, that gives the House of Representatives more reason to impeach him for repeatedly violating the constitution.

If Trump provides all subpoenaed documents and witnesses, "he risks new material surfacing that piles on top of the Mueller report, triggering impeachment."

Damned if he does. Damned if he doesn't.

Refusing to cooperate gives the House a stronger hand to play, as Politico notes in a piece published yesterday (link here):

"Judges have repeatedly ruled that Congress has a greater claim to sensitive government documents and personal information when it can point to an ongoing legal matter, instead of just a congressional investigation or legislative debate. And impeachment would give lawmakers that legal matter -- the process is essentially a court procedure run by Congress where the House brings charges and the Senate holds the trial."

We may get a sense as early as next week which way the wind will blow. CNN reported yesterday about how the federal judge in one subpoena fight will rule next week whether Trump's accountants must comply with Congresses's subpoena (details here).

"Judge Amit Mehta plans next week to weigh the major legal issues raised in Trump’s challenge of a congressional subpoena for his accounting firm’s records, according to an order issued Thursday — putting the case on an even faster track than it previously looked to be." The judge will not just issue a preliminary ruling; he is expected to issue a final ruling, which almost certainly will bring an immediate appeal, particularly if Trump loses, as is expected to happen.

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