impeachment power is a core component of the nation’s Constitutional system of checks and balances, Congress’ investigative authority is at its zenith during an impeachment inquiry.
The Supreme Court has made clear that Congress’ authority to investigate includes the authority to compel the production of information by issuing subpoenas, a power the House has delegated to its committees pursuant to its Constitutional authority to “determine the Rules of its Proceedings.”
Congress has also enacted statutes to support its power to investigate and oversee the Executive Branch. These laws impose criminal and other penalties on those who fail to comply with inquiries from Congress or block others from doing so, and they reflect the broader Constitutional requirement to cooperate with Congressional investigations.
Unlike President Trump, past Presidents who were the subject of impeachment inquiries—including Presidents Andrew Johnson, Richard Nixon, and Bill Clinton—recognized and, to varying degrees, complied with information requests and subpoenas.
President Nixon, for example, agreed to let his staff testify voluntarily in the Senate Watergate investigation, stating: “All members of the White House Staff will appear voluntarily when requested by the committee. They will testify under oath, and they will answer fully all proper questions.” President Nixon also produced documents in response to the House’s subpoenas as part of its impeachment inquiry, including more than 30 transcripts of White House recordings and notes from meetings with the President. When President Nixon withheld tape recordings and produced heavily edited and inaccurate records, the House Judiciary Committee approved an article of impeachment for obstruction.
The President’s Categorical Refusal to Comply
Even before the House of Representatives launched its investigation regarding Ukraine, President Trump rejected the authority of Congress to investigate his actions, proclaiming, “We’re fighting all the subpoenas,” and “I have an Article II, where I have the right to do whatever I want as president.”
When the Intelligence, Oversight and Reform, and Foreign Affairs Committees began reviewing the President’s actions as part of the House’s impeachment inquiry, the President repeatedly challenged the legitimacy of the investigation in word and deed. His rhetorical attacks appeared intended not only to dispute reports of his misconduct, but to persuade the American people that the House lacks authority to investigate the President.
On September 26, President Trump argued that Congress should not be “allowed” to impeach him under the Constitution and that there “should be a way of stopping it—maybe legally, through the courts.” A common theme of his defiance has been his claims that Congress is acting in an unprecedented way and using unprecedented rules. However, the House has been following the same investigative rules that Republicans championed when they were in control.
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