2020.[1] The Democrats' impeachment process has mirrored this rhetoric, stacking the deck against the President.[2]
Even so, the President is not entirely unwilling to cooperate with the Democrats' demands. In October 2019, Pat A. Cipollone, the Counsel to the President, wrote to Speaker Pelosi and the chairmen of the three "impeachment" committees:
If the Committees wish to return to the regular order of oversight requests, we stand ready to engage in that process as we have in the past, in a manner consistent with well-established bipartisan constitutional protections and a respect for the separation of powers enshrined in our Constitution.[3]
Speaker Pelosi did not respond to Mr. Cipollone's letter. President Trump explained that he would "like people to testify" but he is resisting the Democrats' unfair and abusive process "for future Presidents and the Office of the President."[4]
Although the Democrats' abusive and unfair process has prevented his cooperation with the Democrats' impeachment inquiry, President Trump has nonetheless been transparent about his conduct. On September 25, President Trump declassified and released to the public the summary of his July 25 phone conversation with President Zelensky, stressing his goal that Americans could read for themselves the contents of the call: "You will see it was a very friendly and totally appropriate call."[5] On November 15, President Trump released to the public the summary of this April 21 phone conversation with President Zelensky in the interest of transparency.[6] In addition, President Trump has spoken publicly about his actions, as has Acting Chief of Staff Mick Mulvaney.[7]
Congress has a serious and important role to play in overseeing the Executive Branch. When the House of Representatives considers impeachment of a president, bipartisan precedent dictates fundamental fairness and due process. In pursuing impeachment of President Trump, however, Democrats have abandoned those principles, choosing instead to use impeachment as a tool to pursue their partisan objectives. While the President has declined to submit himself to the Democrats' unfair and abusive process, he has still made an effort to be transparent with the Americans to whom he is accountable. Under these abusive and unfair circumstances, the Democrats cannot establish a charge of obstruction.
- ↑ 664 Emily Tillett, Nancy Pelosi says Trump's attacks on witnesses "very significant" to impeachment probe, CBS News, Nov. 15, 2019; Dear Colleague Letter from Speaker Nancy Pelosi (Nov. 18, 2019).
- ↑ See H. Res. 660, 116th Cong. (2019).
- ↑ Letter from Pat A. Cipollone, supra note 617.
- ↑ Donald J. Trump (@realDonaldTrump), Twitter (Nov. 26, 2019, 7:43 a m.), https://twitter.com/realDonaldTrump/status/1199352946187800578.
- ↑ Donald J. Trump (@realDonaldTrump), Twitter (Sept. 24, 2019, 11:12 a m.), https://twitter.com/realdonaldtrump/status/1176559970390806530.
- ↑ Donald J. Trump (@realDonaldTrump), Twitter (Nov. 11, 2019, 3:35 p.m.), https://twitter.com/realDonaldTrump/status/1194035922066714625.
- ↑ See, e.g., The White House, Remarks by President Trump before Marine One Departure (Nov. 20, 2019); Press Briefing by Acting Chief of Staff Mick Mulvaney, supra note 302.
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