The Democrat-led House Judiciary Committee held open the possibility Monday of recommending additional articles of impeachment against President Donald Trump as it pressed anew for the testimony of former White House counsel Don McGahn.
The Democrats want a federal appeals court to order McGahn to testify about whether Trump impeded special counsel Robert Mueller’s Russia collusion investigation.
They also claim McGahn’s testimony could also be useful for any Senate impeachment trial.
A judge last month directed McGahn to comply with the House Judiciary Committee subpoena, and a Washington-based appeals court is scheduled to hear arguments Jan. 3.
In a court filing Monday, lawyers for the committee said McGahn’s testimony remains essential even though the House has already voted to impeach Trump on two charges related to his interactions with Ukraine rather than on anything uncovered during the Russia probe.
“If McGahn’s testimony produces new evidence supporting the conclusion that President Trump committed impeachable offenses that are not covered by the Articles approved by the House, the Committee will proceed accordingly — including, if necessary, by considering whether to recommend new articles of impeachment,” lawyers for the Democratic-led committee wrote.
The Dems told a federal appeals court Monday that it wants Don McGahn to testify as it could lead to “additional articles of impeachment” against Trump.
This is absolute proof they submitted a weak and flawed case in the first place.
— Steve Miller (@stevedmiller) December 23, 2019
The Democrats also said McGahn’s testimony is important for their oversight role of the FBI and the Justice Department, “including in determining whether those agencies are operating free from improper political interference.”
Democrats on the Judiciary Committee subpoenaed McGahn well before the start this fall of an impeachment inquiry centered around Trump’s request to Ukraine’s president that he investigate Democratic rival Joe Biden and his son, Hunter.
While he was vice president, Joe Biden pressured Ukraine to fire a prosecutor who had investigated Burisma Holdings, an energy company for which Hunter was paid $50,000 per month to serve on the board.
The Justice Department has asked the appeals court to dismiss the Democrats’ case, saying there’s no reason for judges to become involved in a political dispute.
The department also says the need for resolving the case is less urgent now that the House has moved ahead with impeachment articles even without McGahn’s testimony.
But the Democrats on the committee aren’t letting up.
Probably the best rallying call for Republicans to win the House. Democrats continue to demonstrate they are totally unable to govern. The lunatic fringe/freak show of a party just gets worse. pic.twitter.com/uCiKIjs8Ny
— FloridaConservative (@FloridaFunny) December 23, 2019
“The House’s vote on the Articles of Impeachment against President Trump underscores the Committee’s urgent need for expedited consideration of this appeal,” lawyers for the panel wrote.
“As discussed above, McGahn’s testimony is critical both to a Senate trial and to the Committee’s ongoing impeachment investigations to determine whether additional Presidential misconduct warrants further action by the Committee,” they added.
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