Los Angeles Times - 04.10.2019

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WASHINGTON — Amid
allegations that President
Trump abused his power by
pressuring Ukraine to inves-
tigate one of his political ri-
vals, House Speaker Nancy
Pelosi (D-San Francisco)
opened a formal impeach-
ment inquiry.
Trump has acknowl-
edged that he asked Ukrain-
ian President Volodymyr Ze-
lenesky to open investiga-
tions into Biden and his son
Hunter, who served on the
board of a Ukrainian gas
company. At the time of the
July 25 phone call in which
Trump asked Zelensky for
this “favor,” the U.S. presi-
dent had also put a hold on
nearly $400 million in aid to
Ukraine.
Those actions — first dis-
closed in a whistleblower’s
complaint — are now at the
center of the House im-
peachment inquiry.
Trump insists the with-
holding of the aid was not re-
lated to his request that
Ukraine investigate one of
his leading political rivals in
2020.
Though three presidents
have faced serious impeach-
ment efforts, and two were
impeached, the road ahead
is only loosely laid out by the
Constitution.
Here’s a look at what’s ex-
pected to happen next.

How does the House
impeach a president?
Beyond saying it should
be based on “treason, brib-
ery, or other high crimes
and misdemeanors,” the
Constitution provides sur-
prising little information
governing how to impeach a
sitting president.
Just two presidents, Bill
Clinton and Andrew John-
son, have been impeached.
President Richard Nixon
resigned from office in 1974
when it became clear there
were enough votes in the
House to impeach him and
in the Senate to remove him
from office.
Each was handled differ-
ently.
In the Clinton and Nixon
cases, the House Judiciary
Committee held lengthy
investigations and then
recommended articles of
impeachment to the full
House. Johnson was im-
peached a few days after
firing his secretary of war in
violation of the Tenure of
Office Act, which Congress
had passed to keep him
from changing the members
of his Cabinet without their
permission.
Pelosi has announced
that House Intelligence
Committee Chairman Ad-
am B. Schiff (D-Burbank)
will lead an investigation
into the whistleblower’s
allegations, and along with
five other committees, feed
information about potential
articles of impeachment to
the House Judiciary Com-
mittee, which will then
decide whether to forward
any to the House for a vote.
If a majority of repre-
sentatives supports even a
single article, the president
is impeached.

Doesn’t the House
have to vote to open an
impeachment inquiry?
This has been the subject
of much dispute. The House

voted to open an inquiry
into Nixon and Clinton, but
when the House impeached
President Andrew Johnson
in 1868, it did not.
Pelosi has indicated she
doesn’t see such a vote as
being necessary. Republi-
cans, meanwhile, are using
the lack of a vote to argue
the inquiry isn’t legitimate.
Just because the House
voted to open an inquiry in
the past doesn’t mean it
must always do so, Brook-
ings Institution fellow Mar-
garet L. Taylor said.
“There’s no real technical
reason for a full House vote,”
Taylor said. “The Constitu-
tion does not prescribe how
the House impeaches.”

Does this mean House
Democrats are done with
their other investigations
into Trump and his
administration?
No. The Financial Serv-
ices Committee will contin-
ue seeking the president’s
financial records from
Deutsche Bank.
The Ways and Means
Committee is still seeking
copies of Trump’s tax re-
turns from the Internal
Revenue Service. The Judi-
ciary Committee will keep
looking at Russian attempts
to interfere with the 2016
election.
But at this point, any
articles of impeachment are
expected to focus on
Ukraine and the whistle-
blower complaint.

Can the White House
block the Ukraine
investigation?
The Trump adminis-
tration could try, and there
have been some indications
that it will resist the House
inquiry. In other House
investigations, the adminis-
tration has refused to hand
over documents or comply
with subpoenas. When
officials have appeared to
testify before Congress,
many have asserted they are
covered by executive privi-
lege and aren’t able to an-
swer questions.
But the stakes are much
higher in an impeachment
inquiry. White House at-
tempts to stonewall the
House impeachment inves-
tigation could themselves
become grounds for im-
peachment.
“Now instead of Con-
gress saying pretty please
comply with our subpoenas,
they can demand that peo-
ple provide this testimony,
and if they refuse to do so,
use that refusal to do so by
the White House as the
basis for additional articles
of impeachment,” said
Susan Hennessey, a senior
fellow at the nonpartisan
Brookings Institution.
Congress used Nixon’s
refusal to hand over docu-
ments and audio as the
basis of its third article of
impeachment against him.
The House could also
potentially use its so-called
inherent contempt power to
compel the administration
to comply.
Once a commonly used
congressional power in
which the House arrests or
fines people who won’t
comply with subpoenas, it
hasn’t been used in 84 years.
More recently the House
has asked the Justice De-
partment and the courts to
uphold their right to gather

information. Such efforts
have proved fruitless under
the Trump administration.
“The efforts by the White
House to intimidate, to
prevent access, to prevent
us from doing our investiga-
tive responsibilities is a
violation of the Constitu-
tion. So we should be exer-
cising our rights under
inherent contempt,” Rep.
Jackie Speier (D-Hillsbor-
ough), an Intelligence Com-
mittee member, said.

What will be in the
articles of impeachment?
That’s fluid and it’s way
too early to say for sure.
Generally it’s expected that
any articles could include
obstruction of Congress,
obstruction of justice and
abuse of power.
Clinton was impeached
on two articles: lying under
oath and obstruction of
justice. Nixon faced three
articles: obstruction of
justice, abuse of power and
contempt of Congress.
Johnson was impeached on
11 articles.
Hennessey said Demo-
crats have to look for two
things as they decide what
to include: unambigously
impeachable conduct and
unambiguous evidence.
That means it’s unlikely
articles of impeachment will
include Trump’s behavior
before he was president or
anything the House has
been investigating since
Democrats took power in
January that is embroiled in
a legal battle.
It also is unlikely to in-
clude Democrats’ frustra-
tion over immigration and
other policy disagreements,
or most of what special
counsel Robert S. Mueller
III found in his report into
Russian interference in the
2016 election.
“Impeachment is not an
airing of any and all griev-
ances against the presi-
dent,” Hennessey said.
But that might be diffi-
cult to balance, she said,
because Democrats will not
want to appear to be con-
doning other behavior
they’ve been investigating.
“Impeachment is the
mechanism by which Con-
gress says what is accept-
able and what is not accept-
able,” Hennessey said. If
something isn’t included,
“you risk sending the mes-
sage to future presidents
that this other stuff is not
impeachable conduct.”

Once the House votes,
then what?
In case high school civics
feels like a long time ago,
here’s a reminder. Impeach-
ment itself does not mean
removal from office.
Think about impeach-
ment as the House voting to
bring charges against the
president, not unlike how a
grand jury might hand up
an indictment.
It then becomes the job
of the Senate to hold a trial
and determine whether to
convict the president and
remove him or her from
office.
A team of representa-
tives, known as managers,
play the role of prosecutors.
The president gets to have
defense lawyers, and the
Senate serves as the jury.
(Several Republican sena-
tors have already claimed
they cannot answer report-

ers’ questions about the
allegations against Trump
because they are potential
jurors, though that did not
stop GOP lawmakers dur-
ing the Clinton impeach-
ment.)
If at least two-thirds of
the senators find the presi-
dent guilty, he is removed,
and the vice president takes
over as president. There is
no appeal.
This has never hap-
pened. Both Clinton and
Johnson were not found
guilty and remained in
office.
Nixon resigned when it
became clear that he had
lost the support of fellow
Republicans and was going
to be removed.

Is the Senate required
to hold a trial?
Kind of.
Under Senate rules, if the
House votes to impeach,
Senate Majority Leader
Mitch McConnell (R-Ky.)
said, “I would have no choice
but to take it up.” Speaking
on CNBC on Monday, he
added, “How long you’re on
it is a whole different matter.
But I would have no choice
but to take it up, based on a
Senate rule on impeach-
ment.”
That could take several
different forms. It would
take just a majority vote of
senators, for example, to
bring the articles up for
consideration and then
simply dismiss them with-
out having a complete trial.
Also, it’s always possible for
the Senate to just change
the existing rules.
What McConnell decides
to do may depend on public
opinion, and whether vul-
nerable Republican sena-
tors feel like they can defend
their votes enough at home
to be reelected.

When will this be over?
Pelosi wants the investi-
gation to move “expedi-
tiously.”
Democratic leaders have
hinted that it will take
weeks, a few months at
most. They don’t want to
drag this out too long and
lose public interest.
Democrats might want
to file articles of impeach-
ment by the end of the year
to lessen the appearance
that they are trying to influ-
ence the 2020 presidential
election, and to reduce how
much time their 2020 nomi-
nee has to spend time talk-
ing about it.
“At this point my view is
we need to either go forward
with impeachment — or not
go forward — by the end of
this year,” said Rep. Ted
Lieu (D-Torrance), a mem-
ber of the Judiciary and
Foreign Affairs committees.
“At some point the Ameri-
can people will be able to
remove or not remove [the
president] in November.
The closer you get to an
election the less sense it
makes to do an impeach-
ment process.”
John Hudak, a senior
fellow at the Brookings
Institution, said it was too
early to know which party
would politically benefit
from the inquiry and which
would be hurt.
“The next five to eight
weeks are probably going to
tell us a lot more about the
2020 election that the last
three years have,” he said.

BACK STORY


Impeachment’s loose rules


The Constitution is not precise on how the process has to play out


By Sarah D. Wire

HOUSE SPEAKERNancy Pelosi wants the impeachment investigation to move “expeditiously,” but there
is no timetable. If the House votes to impeach President Trump, his fate will rest with the Senate.

Kirk McKoyLos Angeles Times
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