The House Judiciary Committee has summoned four constitutional law scholars, many of whom have criticized President Donald Trump and defended the impeachment inquiry, to kick off the committee’s first impeachment hearing.
House Democrats, who launched the inquiry in September, are making the case that the president leveraged his office to pressure Ukraine and withheld military aid to the country to investigate a political rival—2020 candidate Joe Biden. Meanwhile, Republicans have remained firm in their position that there has been no evidence in Trump’s conduct in his dealings with Ukraine that constitutes an impeachable offense.
Noah Feldman
Feldman, whose research mainly focuses on law and religion, is a columnist for Bloomberg who has regularly defended the impeachment inquiry. He was one of the first to argue that Trump had abused his power to seek an investigation from the Ukrainian president in order to seek “dirt” on his political rival Biden.In an Oct. 20 op-ed titled “Trump’s Quid Pro Quo Is Unconstitutional,” Feldman rebuffed White House Chief of Staff Mick Mulvaney’s claim that the president has the constitutional authority to conduct foreign policy, which allows him to withhold aid to any country for any reason. He continued to argue that Trump’s withhold of aid to Ukraine was to advance “his own partisan interests” while urging Democrats to counteract Mulvaney’s claim.
“What matters is that the president is overtly saying to Ukraine do these investigations and the only party that could benefit from these investigations is Donald Trump,” he said during the interview in October.
Pamela Karlan
Karlan is a professor of public interest who currently serves as the chair of the board of directors for the progressive American Constitution Society (ACS). She is the least vocal about impeachment out of the four witnesses. Many of her recent op-eds are related to the Supreme Court and on an LGBTQ case, where she is representing two gay men in a workplace discrimination case.She also served as the Deputy Assistant Attorney General in the Civil Rights Division in the Justice Department during the Obama administration.
Michael Gerhardt
Gerhardt, who is a professor of jurisprudence, is no stranger to congressional hearings having testified about impeachment during former President Bill Clinton’s impeachment proceedings in the House. He has authored the books “Impeachment: What Everyone Needs to Know” and “The Federal Impeachment Process: A Constitutional and Historical Analysis,” and previously been sought by lawmakers from both sides of the aisle in order to hear his expertise.He also called Trump and his allies’ defense against the inquiry “dangerous,” saying that the president’s criticism of the inquiry by calling it “partisan” “unfounded” or a “witch hunt” is “completely devoid of any credible analysis of either the rules or the Constitution.”
Jonathan Turley
Turley has defended the president on a number of legal issues and criticized House Democrats for their handling of the impeachment proceedings.“Yes, the Trump administration did tell executive officials not to testify, and I have disagreed with that position, as well as the underlying claims of privilege and immunities. However, several officials have testified despite the White House position,” he wrote while listing the executive officials who have testified. “All remain in federal service in good standing.”
Professor Robert G. Natelson, a law professor for 25 years who heads the Independence Institute’s Constitutional Studies Center, told The Epoch Times in an email that he did not think this was a credible effort to construct a useful panel.
“The list includes no presidential historians or English historians who could tell us about standards applied in previous impeachments. It includes no law professors who are notable for their defense of presidential power (e.g., John Yoo of Berkeley) nor any conservative or libertarian law professors who have written on impeachment (e.g., John McGinnis of Northwestern),” he said.
He also added that two of the academics—Feldman and Karlan—did not appear to have scholarly research papers on the subject of impeachment, citing a search on the Westlaw legal database.
The president slammed House Democrats on Monday for scheduling their impeachment inquiry hearing during this week when he is abroad in London for NATO meetings. His comments come a day after the White House said that it would not participate in Wednesday’s hearing.