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Defying the Odds

Defying the Odds
New book about the 2016 election.

Saturday, October 26, 2019

Impeachment, Subpoenas, and the Law

In Defying the Odds, we discuss Trump's dishonesty and his record of disregarding the rule of law.   The update  -- recently published --includes a chapter on the 2018 midterms.

Judge Beryl Howell rules that the impeachment inquiry is lawful and that the House can see Mueller's grand jury materials.
While close scrutiny of the historical record undercuts that justification for the “House
resolution” test proposed by Representative Collins, the more significant flaw with this proposal is as follows: while this test may address political legitimacy concerns, which are best resolved in the political arena, no governing law requires this test—not the Constitution, not House Rules, and not Rule 6(e), and so imposing this test would be an impermissible intrusion on the House’s constitutional authority both to “determine the rules of its proceedings” under the Rulemaking Clause, U.S. CONST., Art. I, § 5, cl. 2, and to exercise “the sole power of Impeachment” under the Impeachment Clause, id. § 2, cl. 5. T
... 
The White House’s stated policy of non-cooperation with the impeachment inquiry
weighs heavily in favor of disclosure. Congress’s need to access grand jury material relevant to potential impeachable conduct by a President is heightened when the Executive Branch willfully obstructs channels for accessing other relevant evidence
Giuliani on Charlie Rose, 7/21/98: