White House Declares War on Impeachment Inquiry, Claiming Effort to Undo Trump’s Election

White House Declares War on Impeachment Inquiry, Claiming Effort to Undo Trump’s Election, by Nicholas Fandos.

The White House declared war on the House impeachment inquiry on Tuesday, announcing that it would not cooperate with what it called an illegitimate effort “to overturn the results of the 2016 election” and setting the stage for a constitutional clash with far-reaching consequences.

In a letter to House Democratic leaders, the White House said the inquiry had violated precedent and denied President Trump’s due process rights in such an egregious way that neither he nor the executive branch would willingly provide testimony or documents. …

But in refusing to cooperate with what Mr. Trump on Tuesday called a “kangaroo court,” the president risked ensuring the very outcome he would rather avoid. House Democrats made clear that his failure to comply with their demands for information could form the basis for its own article of impeachment. …

While [the letter] was correct that in some ways Ms. Pelosi is handling impeachment differently than her Nixon and Clinton-era predecessors, it is not clear that she has any constitutional obligation to follow those precedents. The Constitution says that the House “shall have the sole power of impeachment,” but provides no process or rules, meaning each House that has considered it has proceeded as it chose to.

From the letter, sent by White House Counsel, Pat Cipollone, to Nancy Pelosi:

you have denied the President the right to cross-examine witnesses, to call witnesses, to receive transcripts of testimony, to have access to evidence, to have counsel present, and many other basic rights guaranteed to all Americans. You have conducted your proceedings in secret. You have violated civil liberties and the separation of powers by threatening Executive Branch officials, claiming that you will seek to punish those who exercise fundamental constitutional rights and prerogatives. All of this violates the Constitution, the rule of law, and every past precedent. Never before in our history has the House of Representatives — under the control of either political party — taken the American people down the dangerous path you seem determined to pursue.

Put simply, you seek to overturn the results of the 2016 election and deprive the American people of the President they have freely chosen. Many Democrats now apparently view impeachment not only as a means to undo the democratic results of the last election, but as a strategy to influence the next election, which is barely more than a year away. As one member of Congress explained, he is “concerned that if we don’t impeach the President, he will get reelected.”  …

For his part, President Trump took the unprecedented step of providing the public transparency by declassifying and releasing the record of his call with President Zelenskyy of Ukraine. The record clearly established that the call was completely appropriate and that there is no basis for your inquiry. The fact that there was nothing wrong with the call was also powerfully confirmed by Chairman Schiff’s decision to create a false version of the call and read it to the American people at a congressional hearing, without disclosing that he was simply making it all up. …

For these reasons, President Trump and his Administration reject your baseless, unconstitutional efforts to overturn the democratic process. Your unprecedented actions have left the President with no choice. In order to fulfill his duties to the American people, the Constitution, the Executive Branch, and all future occupants of the Office of the Presidency, President Trump and his Administration cannot participate in your partisan and unconstitutional inquiry under these circumstances.

Powerful stuff. The Democrats may try to push this into the Courts, where they hold power — except for the Supreme Court. Or they may just try to make a big deal in public about Trump not cooperating, and that becomes their complaint. So easy to do, to literally make something out of nothing, when you have the media and bureaucracy actively fighting for you.