Turley: ‘The
Current Legal Case for Impeachment Is Not Just Woefully Inadequate, But …
Dangerous’ by Melanie Arter
In his
opening statement at the House Judiciary Committee’s impeachment hearing,
George Washington University Law School professor Jonathan Turley said
Wednesday that he was not a supporter of President Donald Trump and had in fact
voted for the past two Democratic presidents, yet, he believes “one can oppose
President Trump’s policies or actions but still conclude that the current legal
case for impeachment is not just woefully inadequate, but in some respects,
dangerous, as the basis for the impeachment of an American president.”
“I would
like to start, perhaps incongruously, with a statement of three irrelevant
facts.
First, I am
not a supporter of President Trump. I voted against him in 2016 and I have
previously voted for Presidents Clinton and Obama.
Second, I
have been highly critical of President Trump, his policies, and his rhetoric,
in dozens of columns.
Third, I
have repeatedly criticized his raising of the investigation of the Hunter Biden
matter with the Ukrainian president,” he said in his written testimony.
“These
points are not meant to curry favor or approval. Rather they are meant to drive
home a simple point: one can oppose President Trump’s policies or actions but
still conclude that the current legal case for impeachment is not just woefully
inadequate, but in some respects, dangerous, as the basis for the impeachment
of an American president. To put it simply, I hold no brief for President
Trump,” Turley stated.
The
professor said his personal and political views of Trump are “irrelevant” to
his testimony as should Congress’ impeachment vote.
“Today, my
only concern is the integrity and coherence of the constitutional standard and
process of impeachment. President Trump will not be our last president and what
we leave in the wake of this scandal will shape our democracy for generations
to come. I am concerned about lowering impeachment standards to fit a paucity
of evidence and an abundance of anger,” he wrote.
Turley said
the House’s impeachment based only on the Ukraine allegations would go down in
history as “the shortest proceeding, with the thinnest evidentiary record, and
the narrowest grounds ever used to impeach a president.”
That does
not bode well for future presidents who are working in a country often sharply
and, at times, bitterly divided,” he wrote.
Turley added
that “a quid pro quo to force the investigation of a political rival in
exchange for military aid can be impeachable, if proven.”
“Yet moving
forward primarily or exclusively with the Ukraine controversy on this record
would be as precarious as it would premature,” he wrote.
The
professor compared the House’s grounds for impeachment to architecture.
“The
physics are simple. The higher the building, the wider the foundation. There is
no higher constitutional structure than the impeachment of a sitting president and, for that reason, an impeachment must
have a wide foundation in order to be successful. The Ukraine controversy has
not offered such a foundation and would easily collapse in a Senate trial,” he
predicted.
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