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Trump committed impeachable crimes, scholars tell Congress

Michael Mathes, Paul Handley - Agence France-Presse
Trump committed impeachable crimes, scholars tell Congress
A video of US President Donald Trump is shown on a television screen during a House Judiciary Committee hearing on the impeachment of Trump on Capitol Hill in Washington, DC, December 4, 2019. The next phase of impeachment begun December 4 in the US Congress, as lawmakers weigh charges against Donald Trump, after the high-stakes inquiry into the president detailed "overwhelming" evidence of abuse of power and obstruction. Four constitutional scholars will testify before the House Judiciary Committee in the first of a series of hearings to establish the gravity of Trump's alleged crimes.
AFP / Brendan Smialowski

WASHINGTON, United States — Three constitutional scholars on Wednesday bolstered Democrats' case for impeaching Donald Trump by saying the president's actions seeking foreign interference in US elections were clear grounds for removal, as the inquiry kicked into high gear in Congress.

But reflecting the Washington political divide, a fourth expert strongly dissented, saying there was "woefully inadequate" evidence that Trump committed high crimes and misdemeanors necessary for removal.

Democrats have made a forceful case that Trump should be impeached for trying to leverage a White House meeting and military aid to pressure Ukraine for dirt on an election rival.

In a sometime theatrical hearing of the House Judiciary Committee -- now tasked with weighing impeachment charges against the president -- lawmakers listened to damning testimony from constitutional law professors.

"On the basis of the testimony and evidence before the House, President Trump has committed impeachable high crimes and misdemeanors by corruptly abusing the office of the presidency," Harvard Law School professor Noah Feldman told the hearing.

"We three are unanimous" in that view, jurisprudence professor Michael Gerhart of the University of North Carolina stated, referring to himself and fellow witnesses Feldman and Stanford Law School professor Pamela Karlan.

The trio was invited by Democrats to testify.

Americans tuning in to the eight-hour live broadcast witnessed clashes between Democrats and Republican Trump loyalists on the panel, who repeatedly forced procedural votes to stall the process.

The new phase of impeachment began a day after a congressional report on the high-stakes inquiry detailed "overwhelming" evidence of abuse of power and obstruction by the president.

The report mapped out a months-long scheme by Trump, his personal lawyer Rudy Giuliani, senior diplomats and White House staffers to pressure Ukraine's president into investigating Joe Biden, the current favorite to win the Democratic nomination for the 2020 election.

Trump "was willing to compromise our security and his office for personal, political gain," said Judiciary Committee chairman Jerry Nadler.

'Proof, not presumptions'

Trump's alleged political crimes, including bribery and obstruction of justice and Congress, "are worse than the misconduct of any prior president," Gerhart said.

"If what we're talking about is not impeachable, then nothing is impeachable."

Feldman added that if Trump is not held to account for his offenses "we live under a dictatorship."

White House spokeswoman Stephanie Grisham hit back on Twitter, claiming that "3 of 4 'experts' in this sham hearing have known biases" against Trump.

The fourth, George Washington University Law School professor Jonathan Turley, the only expert invited by Republicans, argued there was "no evidence" that Trump acted with corrupt intent.

He warned that partisan "rage" was compromising the inquiry.

"Impeachments have to be based on proof, not presumptions," he said, adding that Democrats were rushing the process so quickly that they were not hearing from key players in the Ukraine scandal.

Turley and Republicans failed to acknowledge the White House's stonewalling. Despite Democratic requests, 12 current or former administration officials have refused to testify.

'Impeachable offense'

The president himself, in London for a NATO summit, lambasted his opponents for proceeding with impeachment hearings.

"What they are doing is a very bad thing for our country," Trump said. "It's a joke."

Karlan asserted that Trump's alleged effort to withhold military aid until Ukraine committed to investigating Biden was grounds for removal -- even though Kiev never conducted the probe.

"Soliciting itself is the impeachable offense," she said.

But Karlan found herself in hot water when she invoked Trump's 13-year-old son Barron when differentiating between monarchical and presidential power.

"While the president can name his son 'Barron', he can't make him a baron," Karlan said. 

The remark drew stiff blowback from First Lady Melania Trump, and Karlan apologized.

The House Intelligence Committee report is expected to form the basis for the Judiciary Committee to draw up formal charges -- articles of impeachment -- that could include bribery, abuse of power, obstruction and contempt of Congress.

Democrats reportedly aim to have the articles presented for a vote to the entire House of Representatives by late December.

If the House impeaches Trump, he would then stand trial for removal in the Republican-controlled Senate, where he is likely to be exonerated.

The Senate meanwhile released its 2020 schedule, and the entire month of January is blocked off, signalling preparations for a trial.

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DONALD TRUMP

IMPEACHMENT

UNITED STATES

As It Happens
LATEST UPDATE: December 8, 2021 - 1:56pm

Donald Trump, now former US president, has been impeached a second time.

December 8, 2021 - 1:56pm

Donald Trump's former chief of staff says he is no longer willing to cooperate with the probe into January's assault on the US Capitol, prompting investigators to threaten him with criminal prosecution.

Mark Meadows, who failed to appear before the congressional panel last month, is seen as a key witness to Trump's role in efforts to overturn the election by undemocratic means.

Having initially snubbed a subpoena to testify before the House of Representatives committee, Meadows later reached an agreement on sharing information with lawmakers — before reversing course again.

"Now actions by the select committee have made such an appearance untenable," Meadows' attorney, George Terwilliger, says in a new letter to the committee circulated among US media. — AFP

February 13, 2021 - 11:37am

The US Senate is expected to deliver a verdict in Donald Trump's impeachment trial this weekend after his lawyers argued that the former president bears no responsibility for an attack by supporters on Congress after he failed to win reelection.

Defense lawyers wrapped up their presentation in just three hours, accusing Democrats of persecuting Trump.

This followed two days of evidence from Democratic impeachment managers, centered around harrowing video footage of the mob assault against the Capitol on January 6. — AFP

February 10, 2021 - 7:35am

The US Senate votes to proceed with the impeachment trial of former president Donald Trump, rejecting defense arguments that it was unconstitutional.

Defense lawyers had argued that Trump should not face a trial in the Senate for inciting insurrection because he was no longer president.

But the Senate voted 56-44 to proceed with the trial, with six Republicans joining Democratic lawmakers. —  AFP

February 10, 2021 - 7:34am

The Senate impeachment trial of former US president Donald Trump will "tear this country apart," one of his defense lawyers says Tuesday.

"This trial will tear this country apart," David Schoen says on the opening day of Trump's trial for inciting the January 6 storming of the US Capitol by his supporters.

Schoen says the trial will leave the United States "far more divided and our standing around the world will be badly broken." —  AFP

February 1, 2021 - 8:53am

Former US president Donald Trump announced Sunday that he had hired two new lawyers to head his defense team for his historic second impeachment trial.

Trump's announcement came the day after US media reported that several of his impeachment lawyers had left his team, a little more than a week shy of his trial before the US Senate.

Trump said in a statement that "highly respected trial lawyers" David Schoen and Bruce L. Castor, Jr would lead his legal efforts.

Castor has focused on criminal law throughout his career, while Schoen specializes in "civil rights litigation in Alabama and federal criminal defense work, including white collar and other complex cases, in New York."

Trump, who left office January 20, faces trial on a charge that he incited the mob that stormed the US Capitol building in an effort to block his election loss to President Joe Biden. — AFP

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