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NATIONAL AND WORLD NEWS The A Impeachment CLOSER Hearings Open Up LOOK PRESIDENT TRUMP’S ANALYZING THE NEWS THAT MAKES A OPPONENTS AND DIFFERENCE DEFENDERS CLASH IN PUBLIC

Ambassador to Ukraine William Taylor (center) and Deputy Assistant Secretary of State for European and Eurasian Affairs George Kent (right) prepare to testify before Congress

20 AMI MAGAZINE // NOVEMBER 20, 2019 // 22 CHESHVAN 5780

Ami443-CloserLook.indd 20 11/18/19 9:43 PM BY YOSSI KRAUSZ

he public spectacle of the impeachment procedures against President Trump started in earnest last week, with open hearings in front of the House Intelligence Committee that ignited partisan squabbling and even a mid-hearing Ttweet by the president. Three officials testified so far during the open hearings: acting US Ambassador to Ukraine William Taylor; George Kent, a top State Department official charged with oversight of Ukraine affairs; and , the previous US ambassador to Ukraine. Taylor and Kent spoke about their knowledge of a phone call that the president had had with Ukrainian President Volodymyr Zelensky and the apparent pressure campaign put on the Ukrainians to investigate allegations about Ukraine’s role in the 2016 elections and the actions of former Vice President and his son Hunter Biden, and to announce that investigation publicly. That pressure may have included the withholding of millions of dollars in defense aid. Yovanovitch testified about the alleged attempts by President Trump’s lawyer to besmirch her reputation; she was eventually removed from her position as ambassador by President Trump.

Back and forth to Zelensky that military funding to The two sides argued about various Ukraine would likely be held up until details concerning the president’s sup- the Ukrainians made the public state- posed deeds. But they also clashed over ment about the investigations. the nature of the hearings themselves: (Furthermore, Taylor mentioned in his testimony that David Holmes, a po- REPUBLICANS: The testimony by litical counselor in the US Embassy in Taylor and Kent was hearsay because Ukraine, had been with Ambassador their knowledge of the president’s Sondland when he spoke on the phone actions—and certainly his intentions— with President Trump about the nego- was based on things they had heard tiations with Ukraine. Holmes testified from others. in a closed-door hearing on Friday; and DEMOCRATS: Hearsay is only a in his opening statement, which was problem in a trial. It is also admissible leaked to the media, he said that he in many cases. And some of the testi- could hear President Trump asking mony was about things the witnesses about the investigation, because the had directly heard. For example, Taylor volume was so loud that Sondland held said that he had heard US Ambassador the phone away from his head. He said to the EU tell an aide that Sondland later told him that Trump

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Voices from the hearings about the hearings

was only worried regarding Ukraine about Rep. (R-CA) investigation, only after the whatever “benefits the president,” such as Ranking member of the president’s lawyers learned of a the “Biden investigation that Mr. Giuliani House Intelligence Committee whistleblower complaint, and only was pushing.”) “What we will witness today is a after members of Congress began televised theatrical performance asking uncomfortable questions REPUBLICANS: Yovanovitch’s testimony staged by the Democrats… about quid pro quos.” was entirely unrelated to the matters at “Officials’ alarm at the president’s hand, because she was not privy at all to actions was typically based on Rep. Jim Jordan (R-OH) anything regarding the phone call or sup- second-hand, third-hand, and even Ranking member of the House posed pressure campaign on Ukraine. fourth-hand rumors and innuendo. Oversight Committee, who has been DEMOCRATS: Her sidelining and firing They believed it was an outrage for allowed to question witnesses on the intelligence committee was in order to allow Rudy Giuliani to the president to fire an ambassador, (Responding to Amb. Taylor saying advance the attempts to get an investigation even though the president has full that he had not been on the call and into the Bidens. And because the president authority to retain or remove that he never heard directly about any tweeted derogatory comments about Yova- diplomats for any reason, at any pressure from President Zelensky) novitch’s career during the middle of her time… “This is—this is what I can’t believe, testimony, he may be impeachable for “Elements of the civil service have and you’re their star witness. You’re witness intimidation, as well. decided that they, not the president, their first witness. You’re the guy. are really in charge… You’re the guy. Based on this—based Part of the problem with understanding “This spectacle is doing great on—I mean, I have seen—I have seen the hearings and the allegations are the in- damage to our country. It’s nothing church prayer chains that are easier compatible and partisan ways that the two more than an impeachment process to understand than this.” sides have been presenting the facts and legal in search of a crime.” aspects of the impeachment hearings. Though Rep. Michael Turner (R-OH) the details of the Ukrainian issues are lengthy Rep. (D-CA) “Okay, so you both know that this and took up hours of testimony, we’ve se- Chairman of the House impeachment inquiry is about the lected some excerpts from the hearings that Intelligence Committee president of the United States, don’t show the wide divides about the nature of the “The questions presented by this you? I mean, the man that neither hearings themselves, and we spoke to experts impeachment inquiry are whether one of you have had any contact on impeachment hearings to get legal and President Trump sought to exploit with, you’re the first up witnesses. I historical background on these hearings. that ally’s [Ukraine’s] vulnerability just find that a little amazing, that the With eight more witnesses being called and invite Ukraine’s interference in first up, would be two people who this week in open hearings—including wit- our elections. Whether President have never had any contact with the nesses that the Republicans have asked for Trump sought conditioned official president himself.” (though not Hunter Biden, whom they had acts, such as a White House meeting or US military assistance on Ukraine’s demanded) and Ambassador Sondland, who Rep. Val Demings (D-FL) was at the center of the president’s Ukraine willingness to assist with two political investigations that would help his “The committee’s investigation has policy—better understanding these pro- uncovered a web of shadow ceedings will hopefully lend some clarity reelection campaign. And if President Trump did either, whether such an diplomacy, engaged in and executed amid the partisan chaos. by several State Department officials It’s likely that the Democrats will vote for abuse of his power is compatible with the office of the presidency… and the president’s personal attorney, impeachment charges against the president Rudy Giuliani, and ultimately no matter what else happens, setting him up “Some have argued in the president’s defense that the aid was directed by President Trump. We for a trial in the Senate. But both sides are have heard several ways of describing trying to score as many points as possible ultimately released. That is true. But only after Congress began an this shady shadow operation, shadow against one another before that happens, as diplomacy, rogue back-channel.” well.

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Expert insight

timony is hearsay, but it is clear that the society and whether the president is being persons with the most direct knowledge faithful to his oath of office or is abusing of the events are being prevented from his power. Those are political judgments. testifying.” The word ‘political” is not the same as ‘partisan.’ Congress is one branch of our In regard to whether what is alleged government, and it has the authority and against the president is an obligation to take the extraordinary step impeachable offense: of removing a president if they believe he JERRY GOLDFEDER, “There’s no definitive standard as to has abused his powers to the detriment of ELECTION LAW EXPERT what a high crime and misdemeanor is. our republic.” AND ADJUNCT PROFESSOR It’s a phrase that the Founders put in the AT FORDHAM LAW SCHOOL, Constitution that they inherited from TEACHING “ELECTION LAW England, which has been using impeach- AND THE PRESIDENCY” ment since the 1300s. “There’s always a dispute, anytime there is an impeachment of a federal judge or a In regard to how these impeachment cabinet member, whether the conduct rises hearings compare to previous cases of to the level of an impeachable offense. the impeachment of presidents: Needless to say, it’s always more hotly “This is the third presidential impeach- debated when we’re talking about im- ALLAN LICHTMAN, ment that I’ve observed, and I think that peaching the president. DISTINGUISHED PROFESSOR each one of them has brought out the se- “There’s no bright line test as to what an OF HISTORY AT AMERICAN riousness of purpose of most of the abuse of power or high crime and misde- UNIVERSITY IN WASHINGTON members of Congress. Obviously some meanor means. Congress has a responsibil- AND CREATOR OF THE KEYS members are very partisan and could take ity to figure out whether or not conduct TO THE WHITE HOUSE, A this more seriously than they do. But for rises to that level and whether an official PREDICTION SYSTEM THAT HAS the most part, I think, it’s a serious en- should be removed. CORRECTLY PREDICTED THE deavor. OUTCOMES OF PRESIDENTIAL “The rules that have been put in place On whether it matters if the president ELECTIONS SINCE 1984 give both sides the opportunity to question can be shown to have committed witnesses, invite witnesses, and press their bribery or extortion: On how these impeachment hearings case.” “The Constitution does define bribery compare to impeachment or treason as impeachable offenses, and it proceedings in the past: In response to the argument that the is relatively clear what constitutes bribery “First, it’s actually unfolding much more witnesses so far have only offered or treason.” rapidly than other impeachments. We hearsay testimony about the forget that before it reached Congress, Bill allegations: On why impeachment has been called Clinton’s behavior and attempts to cover “Impeachment proceedings don’t follow a “political” process: it up were investigated by the independent the regular rules of evidence one does in “Alexander Hamilton in the Federalist counsel Ken Starr for over a year; and, a normal trial. There are no rules of evi- Papers said that it was political—and he overall, Ken Starr investigated Clinton for dence. used all-capital letters for ‘political’—in four years. was investigated “We have had some testimony that was the sense that these are judgments being for nearly a year and a half before the based upon direct knowledge. Some tes- made about the health of our political House Judiciary Committee voted articles

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Expert insight

of impeachment against him. be president. One, of course, is the elec- “Second, this is the first impeachment tion. The other was impeachment. On what effect this might have on the to involve the compromising of American “The Framers put impeachment into the election: national security and the enlistment of a Constitution not as a catastrophic event “I think the lessons of the past are clear. foreign nation to cheat in an American but as a legal, orderly and peaceful process No president who has ever been impeached presidential election. All other impeach- for dealing with a rogue president, as or, in the case of Richard Nixon, has re- ments, even going back to Andrew Johnson opposed to the remedies of their time, signed to avoid impeachment, has ever in 1868, involved domestic matters. which were assassination or revolution.” seen his party win the next election. Re- “Third, no president facing impeachment member that Andrew Johnson was a Dem- has ever inserted himself more forcefully On why the proceedings are moving so ocrat, not a Republican, whom Lincoln had than . He has consistently quickly: put on his ticket as a unity candidate. disparaged the investigation, members of “In this hyper-partisan atmosphere, the “The notion that there is going to be a Congress and witnesses, both in tweets and Democrats want to strike while the iron is backlash for the Democrats because of the public comments. hot and while public attention is focused impeachment has no support from history. “In addition, both and on this. They’re also worried about the Impeachment puts the cloud of scandal Richard Nixon started out at much higher impeachment process muddling up the over the party of the president being im- approval ratings at the beginnings of their election next year. Everyone forgets that peached.” investigations. Clinton’s approval rating the impeachment of Andrew Johnson took went up and Nixon’s plummeted during place in an election year, 1868. On what he believes the public should the course of their impeachment hearings. “I would warn the Democrats: You can’t pay attention to during the hearings: “Finally, this is the impeachment with put a timetable on impeachment, because “I think it’s very important to go beyond the greatest partisan divide. When the you never know what the impeachment the phone call and the pressure campaign. House Judiciary Committee voted articles may uncover. In the impeachment of We have to look at the setting up of a rogue of impeachment against Richard Nixon, Richard Nixon, the investigation started foreign policy apparatus, accountable to about a third of Republicans joined in. And out looking at the Watergate break-in and none of the regular lines of authority in our it was actually Republicans, not Democrats, its cover-up. But then they found illegal government, not to the State Department, who drove Nixon out of office, when a del- campaign contributions, illegal wiretaps, not to the Defense Department, not to the egation of high-level Republican office illegal break-ins, illegal attempts to rig elec- National Security Council. There is also a holders told him that he was going to be tions. rogue foreign policy, not designed to impeached and likely convicted. promote America’s national interest, but to “The impeachment of Bill Clinton was On the White House refusal to allow promote the political interest of the presi- more partisan, but still, a number of Re- officials to testify: dent. publicans voted in the Senate for his ac- “Trump has been unique in stonewalling. “When Republicans say that Marie Yova- quittal, including one currently sitting In the other investigations, White House novitch’s testimony was irrelevant because senator, Susan Collins.” officials have testified. In the Nixon case, she was not around when the president not just John Dean but also Ehrlichman made the phone call, that’s nonsense. Her In response to Republican and Haldeman—Nixon’s two top aides— testimony was describing a rogue foreign characterizations of this impeachment and John Mitchell—his former attorney policy operation that undermined our re- as a “coup”: general and the head of the Nixon reelec- lationship with Ukraine; put Ukraine in “Impeachment is not a coup. When the tion campaign—testified. Claiming this disarray; undermined our national security, Framers put together the Constitution, blanket immunity is unique in American because Ukraine is so important; and de- they established two equally legal means, history, and I don’t think it will hold up in moralized and hamstrung diplomats equally enforced, of deciding who should the courts.” around the world.” ●

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