Well, finally: “In their attempt to move forward with impeachment, the Democrat-led House Judiciary Committee is reaching way back, calling Watergate star John Dean to testify on June 10.”
It’s a beginning and long overdue.
Never mind what you think about impeachment, or Nancy Pelosi’s resistance to it, or optimal timing for it, or initiating impeachment proceedings, or any other permutations. Why haven’t we had televised hearings with live witnesses in the House of Representatives every week since Bill Barr released his redacted version of Robert Mueller’s report? There are scads of people whose testimony the Trump White House can’t possibly block – including many B-List folks who aren’t household names, but (as in the Watergate hearings of another era) can advance the narrative of presidential wrongdoing. (John Dean is fine, as a warm-up, though the Mueller Report mentions a cavalcade of others who have a closer connection to Donald Trump.)
The absence of hearings up till now represents Congressional malpractice. Numerous commentators have highlighted the importance of telling a story through House hearings:
June 6 – Jonathan Bernstein (“Stop Obsessing About Impeachment Poll Numbers“):
What the House can do is relentlessly dramatize and amplify the story that the Mueller report tells, along with other Trump impeachable malfeasance and scandals. So far, they haven’t really done that effectively.
June 4 – Josh Marshall (“Thoughts on Impeachment“):
The most effective action the House can take is to investigate the President’s wrongdoing and bring it before the public and hold the possibility of impeachment in the offing as they bring new evidence to the public about the President’s misrule.
But here’s the thing. . . .
If the most aggressive stance toward President Trump isn’t impeachment but aggressive investigation – which I firmly believe – then you actually have to be aggressive and show you’re being aggressive.
June 2 – Francis Wilkinson (“Before Impeachment, Democrats Must Win the War for Truth“):
Democrats . . . should methodically highlight the truth of Trump’s ethical and policy failures, day after day, in hearings, reports, news conferences and events in Washington and around the country. And then they must get up each succeeding day and do it all over again.
May 30 – Donna Edwards (“Democrats need to repackage the Mueller report for TV“):
It’s time for Democratic leaders to repackage Mueller’s findings in a form that will be more readily digested by the American people. Unfortunately, the current approach of investigations in no fewer than six committees, multiple subpoenas, innumerable court proceedings and White House delay tactics just creates more confusion. How can the United States focus on the findings if a Democratic House will not singularly focus its investigations? From the cheap seats, it appears that there may be too many balls in the air.
It is no surprise that few Americans are talking about the report over the water cooler. The only voice that breaks through with a consistent (if mostly untrue) message is President Trump’s, especially absent an alternative narrative. Democrats should look at this differently. Mueller has given Democrats cover to present that narrative and proceed with impeachment as the appropriate process under the Constitution.
May 29 – Benjamin Wittes (“Mueller Bows Out: What Does Congress Do Now?“)
Congress’s current strategy is an incoherent muddle. . . .
The better approach, in my view, is to focus on live testimony from witnesses who supplied the material about President Trump’s conduct that Mueller made public in the report—mostly but not exclusively in Volume II. There are a lot of these witnesses. Congress could easily hold weekly hearings that would be riveting television. Who knows? They might even get what the president most values in the world: good ratings. The goal would be to focus public attention on the president’s abuse of the intelligence and law enforcement communities and his individual conduct with respect to Russia. Such hearings could develop new information. They could also enrich our understanding of the existing factual record. They would serve to publicly validate and elucidate Mueller’s findings and, critically, to shift those findings from the voice of Mueller himself to the voice of the president’s closest aides. Perhaps most importantly, they would create a sustained vehicle for focusing on Trump’s conduct—which is, and needs to be, the central issue.
If I were in charge of the House judiciary committee, a wide array of witnesses named in the report would receive an invitation for public testimony—and any of them who did not immediately agree to appear would receive a subpoena in short order. The idea would be to bring the Mueller report to life and, along the way, to establish clearly in case law the ability of Congress to conduct such oversight hearings against a recalcitrant executive.
May 22 – David Corn (“Have the Democrats Blown the Trump-Russia Scandal?“):
For five months now, the Democrats have held power within the House. While passing legislation to address voters’ needs and while battling to enforce subpoenas, they could also be telling the story—with hearings featuring witnesses who could present compelling accounts that have a chance of grabbing the nation’s attention for at least a few minutes.
Three percent of Americans say they have read the Mueller report. That number is probably high. Yes, many have seen the headlines and the news accounts summarizing the report’s findings and allegations. But there is something visceral about a well-run hearing. It is a different way of presenting information to the citizenry. (John Dean’s testimony during the Watergate hearings continued for days and captivated the nation.) Congressional hearings could be used to convey the basics of the Trump-Russia scandal that have disappeared in the ceaseless shuffle—and been shoved aside by the debates over collusion and obstruction.
May 5 – Jonathan Bernstein, who has been at it a while (“Impeaching Trump Would Constrain Democrats Too Much“):
The “before” question is whether to continue investigations and hearings as part of regular House oversight, or as part of an explicit impeachment inquiry.
Are there advantages with the latter? Not really, I don’t think. Whether it’s called impeachment or not, what matters at this stage is whether Democrats can find ways to publicize Trump’s malfeasance, in hopes of both hurting Trump’s popularity and of finding new allies among any weak Trump supporters among congressional Republicans.
April 22 – Norman Ornstein (“Impeachment Is Not the Answer. At Least Not Yet“):
What we need is for the Judiciary, Intelligence, and Homeland Security Committees to conduct a series of deep dives into the areas of communication and coordination between Trump and his campaign with Russians and their surrogates, such as WikiLeaks; the multiple categories and areas of obstruction of justice that Robert Mueller outlined; the threats to our intelligence operations and our justice system from Trump and his operatives; and the moves by Russia to interfere in and influence our elections used by Trump and unchecked by Republicans. Other committees, such as Ways and Means and Banking, need to be ready to do the same thing as more information emerges from the SDNY and the New York attorney general, among others, about Trump’s financial dealings, including with the Russians, and about Russian money laundering. The witnesses need to include Mueller and Rosenstein, of course, but also the range of figures mentioned in the report, and also a range of experts in areas such as ethics, constitutional violations, intelligence operations, and election administration and security.
Democrats need to stage and coordinate hearings across committees and subcommittees, to make sure they do not overload Americans’ ability to pay attention. Most important, they need to structure the public hearings in a dramatically different way than usual. Each committee needs to use experienced counsel—a good example might be former U.S. Attorney Preet Bharara—and limit, if not abandon, opening statements, except from the chairs. No five-minute rounds of questions going down the line of every committee member, leading to utterly disjointed discourse, making it easy for hostile witnesses to evade, filibuster, or otherwise avoid follow-ups and get through a five minute period, which is then followed by a five-minute breather with an ally on the Republican side, and then another five minutes from the next member of the panel that may have nothing to do with the previous round of questions.
