Angra Mainyu
Veteran Member
Nixon had to give up the tapes based on the SCOTUS case Nixon v US, so there is no reasonable basis to suggest the President can withhold staff and documents from a Congressional investigation.No, I'm speaking of both (or more potential ones). That is why I said "or any other reason". It's not even clear to me how many of them will consider that "Obstruction of Congress" is something for which a POTUS can be removed (the causes for removal are based on the Constitution, not on federal law, and I do not know how they're going to interpret that one), but I think if a sufficient number hold that that would be a cause for removal, they're also going to hold that telling them not to testify was within his constitutional powers, so that they don't constitute obstruction of congress in the relevant sense.There are two Articles. You are speaking of the first one, regarding Abuse of Power. Of which could also be added, Giuliani working in Ukraine pushing for this a couple months before the phone call, as attested in the hearings? It can't be much clearer that Trump wanted an investigation. The only potential avenue for more evidence would be Mulvaney confirming the military aid was held back explicitly as part of a deal. Of course, Mulvaney hasn't testified... see below.
The second Article is Obstruction of Congress. There is no gray here. Trump obstructed Congresses investigation. There is no amount of evidence that can be added to support this accusation anymore than it can be. The only question is if it is considered removable from office bad.
Speaking of which, if a President can withhold documentation and staff from Congressional investigations, there can be no "Obstruction of Congress", ever. Additionally, such a concept could make impeachment almost impossible, save egregious publicly recorded behavior... like shooting a person on Fifth Avenue.
Well, that depends on what staff and documentation he is allowed to withhold, but I'm not saying that he was within his powers - he wasn't -, but I'm talking about how I think enough senators will probably see it.