House Democrats’ Myopic Impeachment Crusade Undermined The Constitution

House Democrats Tried To Dictate Procedures To The Senate

HOUSE SPEAKER NANCY PELOSI (D-CA): “[J]ust to get this off the table right away, if we impeach the President immediately, everybody moves on to the next thing. The next thing for us will be when we see the process that is set forth in the Senate, then we’ll know the number of managers that we may have to go forward, and who we would choose…. When we see what they have, we’ll know who and how many we will send over.” (Speaker Pelosi, Press Conference, 12/19/2019)

• SPEAKER PELOSI: “Clearly, do you understand, when we see what their process is, we will know who and how many we want to send over. Not until then.” (Speaker Pelosi, Press Conference, 12/19/2019)

SPEAKER PELOSI: “[T]his morning, Leader McConnell said, ‘We’ll be glad to show [the resolution] to you when we unveil it.’ It is important that he immediately publish this resolution, so that, as I have said before, we can see the arena in which we will be participating …” (Speaker Pelosi, Letter to House Democrats, 1/07/2020)

• SPEAKER PELOSI: “As I said right from the start, we need to see the arena in which we are sending our managers…. In October, we put forth H.R. 660, which is House Resolution – which talked about the terms under which we would proceed further – to further proceed with the investigation, so the people knew what the battlefield would look like. We expect to see that here.” (Speaker Pelosi, Press Conference, 1/09/2020)

HOUSE MANAGER REP. ADAM SCHIFF (D-CA): “The desire is to get a commitment from the Senate that they’re going to have a fair trial, fair to the president, yes, but fair to the American people.” (CNN’s “State of the Union,” 1/5/2020)

REP. JIM CLYBURN (D-SC): “I think that we have to ensure that the Senate will come to the table, work out a process through which we can have a fair and impartial trial. That’s what I think.” (CNN’s “New Day,” 12/19/2019)

• REP. CLYBURN: “Why would the speaker of the House step into that without trying to determine exactly what the majority leader plans to do? So I applaud [the Speaker] for this. In fact, I was one of the ones arguing that this ought to be the case. And until we can get some assurances from the majority leader that he is going to allow for a fair and impartial trial to take place, we would be crazy to walk in there …” (CNN’s “New Day,” 12/19/2019)

• CNN’s JOHN BERMAN: “As long as it takes -- are you willing to hold the articles indefinitely if Mitch McConnell doesn’t concede the points that you’re asking him to? Are you suggesting it’s possible you will never transmit the articles of impeachment?”
  REP. CLYBURN: “If it were me, yes, that’s what I’m saying” (CNN’s “New Day,” 12/19/2019)

House Democrats Declared That Only They Could Decide When The President Could Assert Executive Privilege

HOUSE MANAGER REP. ADAM SCHIFF (D-CA): “To say that we are concerned that the White House will attempt to stonewall our investigation, much as they have stonewalled other committees in the past, it’s why I say the White House needs to understand that any action like that, that forces us to litigate or have to consider litigation, will be considered further evidence of obstruction of justice.” (Rep. Schiff, Press Conference, 10/2/2019)

HOUSE MANAGER REP. ZOE LOFGREN (D-CA): “With all the back-and-forth about these documents, we have heard the phrase ‘executive privilege.’ The President and his lawyers keep saying—they talk about a vast legal right to justify hiding the truth, withholding information. But that is a distraction. That is not what the Constitution provides…. Here is the truth. The President, Members of Congress, judges, and the Supreme Court have recognized throughout our Nation’s history that Congress’s investigative powers are at their absolute peak during impeachment proceedings—your powers. Executive privilege cannot be a barrier to give absolute secrecy to cover up wrongdoing.” (Rep. Lofgren, Congressional Record, S.388, 1/21/2020)

• REP. LOFGREN: “Michael Duffey defied the House’s subpoena. At the President’s direction, he refused to appear. The White House did not assert any privileges or immunities when it directed Duffey to defy Congress’s subpoena. It wasn’t a real exercise of executive privilege. They told him not to appear, and they had no reason why.” (Rep. Lofgren, Congressional Record, S.523, 1/23/2020)

HOUSE MANAGER REP. JERRY NADLER (D-NY): “Make no mistake. President Trump had no legal grounds to block Ambassador Bolton’s testimony in this trial. Executive privilege is not a spell that the President can cast to cover up evidence of his own misconduct.” (Rep. Nadler, Congressional Record, S.426, 1/21/2020)

HOUSE MANAGER REP. HAKEEM JEFFRIES (D-NY): “You will no doubt hear that the reason the President blocked all of these witnesses, including Mr. Mulvaney, from testifying is because of some lofty concern for the Office of the Presidency and the preservation of executive privilege. Let’s get real. How can blocking witnesses from telling the truth about the President’s misconduct help preserve the Office of the Presidency? This type of blanket obstruction undermines the credibility of the Office of the Presidency and deals the Constitution a potentially mortal death blow.” (Rep. Jeffries, Congressional Record, S.410, 1/21/2020)

House Democrats, Aided By Their Senate Colleagues, Tried To Drag The Chief Justice Into Impeachment Proceedings, Predetermine Potential Litigation For The Supreme Court, And Undermine The Court’s Legitimacy

HOUSE MANAGER REP. ADAM SCHIFF (D-CA): “[T]his amendment would … allow the Chief Justice and it would allow senators, the House managers, and the President’s counsel to make use of the experience of the Chief Justice of the Supreme Court to decide the questions of the relevance of witnesses.” (Rep. Schiff, Congressional Record, S.430, 1/21/2020)

REP. SCHIFF: “We have a very capable justice sitting right behind me who can make decisions about the materiality of witnesses. We trust the Supreme Court Justice, the Chief Justice, to make those decisions.” (NBC’s “Meet the Press,” 1/26/2020)

• REP. SCHIFF: “[T]he Senate rules allow the presiding officer to make judgments and to rule on issues of evidence, materiality, and privilege. That is permitted under your own rules. We don’t need to go up and down the courts. We have got a perfectly good judge right here.” (Rep. Schiff, Congressional Record, S.765, 1/31/2020)

HOUSE MANAGER REP. ZOE LOFGREN (D-CA): “[H]ere’s the thing. The Chief Justice of the United States is presiding over this trial. If he signs a subpoena for a witness to come, we’re going to get that witness. We’re not going to be in court for three or four years. We’re going to get that witness promptly.” (CNN’s “State of the Union,” 1/26/2020)

SEN. CHUCK SCHUMER (D-NY): “[W]e had an amendment; it was Chris Van Hollen’s amendment, before McConnell’s resolution was adopted so we could offer it that said Roberts should have to rule. Now, still, the Senate rules would allow the Senate to overrule Roberts, but the weight of his ruling would matter. And we liked that. And we hoped that could happen.” (Sen. Schumer, Press Conference, 1/28/2020)

• SEN. SCHUMER: “I’d just say this. If it’s a tie, it will be up to the Chief Justice. The Chief Justice knows that every trial has witnesses and documents.” (Sen. Schumer, Press Conference, 1/31/2020)

SEN. SCHUMER: “If the U.S. Senate issues a bipartisan subpoena, signed by the Chief Justice, any lawyer would advise their client to comply. If someone like Mr. Mulvaney still refused, we’d make a motion asking the Chief Justice to order Mulvaney to comply. We could settle any and all potential claims of executive privilege right on the Senate floor.” (Sen. Schumer, Press Conference, 1/29/2020)

• SEN. SCHUMER: “[M]y belief is, as I said, subpoenas with the Chief Justice’s signature on them with bipartisan support would get right through the courts …” (Sen. Schumer, Press Conference, 1/28/2020)

• SEN. SCHUMER: “[W]ell if John Bolton wanted to come testify and it was a subpoena signed by the Chief Justice passed in a bipartisan way he would be here in a day. He could go to court but he would be testifying in a day.”  (Sen. Schumer, Press Conference, 1/29/2020)

SEN. ELZABETH WARREN (D-MA): “At a time when large majorities of Americans have lost faith in government, does the fact that the Chief Justice is presiding over an impeachment trial in which Republican senators have thus far refused to allow witnesses or evidence contribute to the loss of legitimacy of the Chief Justice, the Supreme Court, and the Constitution?” (Congressional Record, S.717, 1/30/2020)

Left-Wing Special Interest Group Demand Justice, Led By A Former Schumer Staffer, Ran An Ad Campaign Attacking Chief Justice John Roberts

“Demand Justice announced a paid ad campaign calling out Chief Justice John Roberts’ failure so far to ensure a fair impeachment trial, and urging Americans to call the Supreme Court to demand he do so.” (Demand Justice, Press Release, 1/27/2020)

“Brian Fallon is co-founder and executive director of Demand Justice. Fallon worked as the Director of Public Affairs for the U.S. Department of Justice during the Obama administration. Prior to that, he was a top aide in the United States Senate, working for New York Democrat Chuck Schumer. In 2016, Fallon served as the National Press Secretary for Hillary Clinton’s presidential campaign.” (“Brian Fallon,” Demand Justice Website, Accessed 2/05/2020)

• BRIAN FALLON: “I learned from [Chuck Schumer] more than I’ve learned in any other job.” (“How Hillary Clinton’s Press Secretary Self-Radicalized and Became a Resistance Leader,” The Daily Beast, 5/16/2019)

DEMAND JUSTICE: “Senator Warren is right. This trial is a sham, John Roberts is hurting his own legitimacy by enabling it.” (Demand Justice, @WeDemandJustice, Twitter, 1/30/2020)

• “Now, Roberts might even help Republicans cover up key evidence…. Roberts has the power to subpoena [John Bolton] and other potential witnesses. He has the authority and the responsibility to put truth and law above his party. He needs to hear from us every day until he does. Donald Trump isn’t above the law, and John Roberts shouldn’t be above hearing from the American people when he abuses his office to help Republicans.” (Demand Justice, Email, 1/29/2020)

• “Republicans are breaking the rules, lying under oath, and suppressing evidence. But they aren’t doing it alone -- they’ve had John Roberts’ help every step of the way.” (Demand Justice, @WeDemandJustice, Twitter, 1/30/2020)

• “Tell John Roberts: Start acting like a judge, not a Republican politician. …” (Demand Justice, @WeDemandJustice, Twitter, 1/30/2020)

• “Mitch McConnell and Senate Republicans have stolen our democracy and John Roberts is driving the getaway car.” (Demand Justice, @WeDemandJustice, Twitter, 1/30/2020)

• “John Roberts is enabling the Republican coverup because he’s a partisan Republican.” (Demand Justice, @WeDemandJustice, Twitter, 1/29/2020)

BRIAN FALLON: “What Warren gets, and few others in that chamber do, is that extending the Chief Justice the benefit of the doubt and sitting back and praying for him to do the right thing - on witnesses, on Roe, voting rights, money in politics - will get us nowhere. He needs to be challenged” (Brian Fallon, @brianefallon, Twitter, 1/30/2020)

• FALLON: “Warren is the only Democrat so far to put Roberts on the spot.” (Brian Fallon, @brianefallon, Twitter, 1/30/2020)