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politics for years to come, and will call into question the very legitimacy of our political institutions.[1]
Unfortunately, the President’s political opponents now seem eager to transform impeachment from an extraordinary remedy that should rarely be contemplated into a conventional political weapon to be deployed for partisan gain. These actions are a far cry from what our Founders envisioned when they vested Congress with the “important trust” of considering impeachment.[2] Precisely because it nullifies the outcome of the democratic process, impeachment of the President is fraught with the risk of deepening divisions in the country and creating long-lasting rifts in the body politic.[3] Unfortunately, you are now playing out exactly the partisan rush to judgment that the Founders so strongly warned against. The American people deserve much better than this.
| III. | There Is No Legitimate Basis for Your “Impeachment Inquiry”; Instead, the Committees’ Actions Raise Serious Questions. |
It is transparent that you have resorted to such unprecedented and unconstitutional procedures because you know that a fair process would expose the lack of any basis for your inquiry. Your current effort is founded on a completely appropriate call on July 25, 2019, between President Trump and President Zelenskyy of Ukraine. Without waiting to see what was actually said on the call, a press conference was held announcing an “impeachment inquiry” based on falsehoods and misinformation about the call.[4] To rebut those falsehoods, and to provide transparency to the American people, President Trump secured agreement from the Government of Ukraine and took the extraordinary step of declassifying and publicly releasing the record of the call. That record clearly established that the call was completely appropriate, that the President did nothing wrong, and that there is no basis for an impeachment inquiry. At a joint press conference shortly after the call’s public release, President Zelenskyy agreed that the call was appropriate.[5] In addition, the Department of Justice announced that officials there had reviewed the call after a referral for an alleged campaign finance law violation and found no such violation.[6]
Perhaps the best evidence that there was no wrongdoing on the call is the fact that, after the actual record of the call was released, Chairman Schiff chose to concoct a false version of the call and to read his made-up transcript to the American people at a public hearing.[7] This
- ↑ 144 Cong. Rec. H11786 (daily ed. Dec. 18, 1998) (statement of Rep. Jerrold Nadler).
- ↑ The Federalist No. 65 (Alexander Hamilton).
- ↑ See id.
- ↑ Press Release, Nancy Pelosi, Pelosi Remarks Announcing Impeachment Inquiry (Sept. 24, 2019).
- ↑ President Trump Meeting with Ukrainian President, C-SPAN (Sept. 25, 2019).
- ↑ Statement of Kerri Kupec, Director, Office of Public Affairs, Dept. of Justice (Sept. 25, 2019) (“[T]he Department’s Criminal Division reviewed the official record of the call and determined, based on the facts and applicable law, that there was no campaign finance violation and that no further action was warranted.”).
- ↑ See Whistleblower Disclosure: Hearing Before the H. Select Comm. on Intel., 116th Cong. (Sept. 26, 2019) (statement of Rep. Adam Schiff).
