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 Marie Yovanovitch, 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 Joe Biden 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 Rudy Giuliani 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 Gordon Sondland tell an aide that Sondland later told him that Trump 22 CHESHVAN 5780 // NOVEMBER 20, 2019 // AMI MAGAZINE 21 Ami443-CloserLook.indd 21 11/18/19 9:43 PM NATIONAL AND WORLD NEWS Voices from the hearings about the hearings was only worried regarding Ukraine about Rep. Devin Nunes (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. Adam Schiff (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. 22 AMI MAGAZINE // NOVEMBER 20, 2019 // 22 CHESHVAN 5780 Ami443-CloserLook.indd 22 11/18/19 9:43 PM NATIONAL AND WORLD NEWS 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.