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A4 U.S. NEWS
Tuesday 5 November 2019

Experts: White House has dubious reasons to ignore subpoenas

By CURT ANDERSON cords secret, but a New
AP Legal Affairs Writer York court ruled Monday
The impeachment process they can be released in a
is fundamentally unfair. case likely to be settled by
Congress lacks authority to the U.S. Supreme Court.
investigate the president. In a recent letter to Demo-
Witnesses should have ex- cratic leaders, presidential
ecutive branch lawyers. counsel Pat Cipollone said
White House attorneys are Trump should have the
throwing out an array of kinds of due process rights
arguments for keeping its typically found in court tri-
officials from cooperat- als: the right to question
ing with the congressional witnesses, the right to see
impeachment inquiry. But evidence, the right to cross-
legal experts say they are examine witnesses, and
making a weak case. so forth. That position has
Some even say the refus- been echoed by numerous
al to cooperate with the Republican lawmakers.
probe run by House Demo- "The president cannot al-
crats could amount to ob- low your constitutionally il-
struction that might itself legitimate proceedings to
become an article of im- distract him and those in
peachment against Presi- the executive branch from
dent Donald Trump. their work on behalf of the
"Not only can it be, it ab- American people," Cipol-
solutely should be," said lone wrote. "The president
Heidi Kitrosser, a University has a country to lead."
of Minnesota constitutional However, legal experts note
law professor who has writ- that the Constitution and
ten about impeachment. President Donald Trump walks on the South Lawn upon arrival at the White House in Washington, even prior impeachment
"This is an effort to stymie Sunday, Nov. 3, 2019. proceedings do not lay out
Congress in one of its core Associated Press a roadmap for those kinds
roles." lege while getting the ad- a legal opinion Monday authority to fulfill one of its of rights in the initial House
The inquiry concerns vantage of it," she said. supporting that position, most solemn responsibili- inquiry. Instead, that would
whether the Trump admin- Politically, an executive and the White House put ties under the Constitution," come in a trial before the
istration sought to pressure privilege claim could cross out a statement. they wrote. Senate, if it gets that far.
Ukraine into investigating a line leading to more sup- "Democrats are just trying Even if Trump were to overt- "The Constitution says vir-
business done there by port for impeachment. Le- to force anyone, with any ly claim executive privilege, tually nothing about the
Hunter Biden, son of Demo- gally it's more or less the last remote connection to this some experts say there's no procedures the House and
cratic presidential candi- attempt a president could issue, to testify without ad- constitutional provision that Senate are to employ in
date Joe Biden, and also make to prevent disclosure ministration lawyers pres- it would apply to impeach- carrying out their respec-
probing whether Ukraine of evidence or testimony. ent, and that puts national ment. tive impeachment roles,"
was involved in the 2016 The NSC lawyer, John security at risk and also cre- "No communication in- wrote Georgia State Uni-
U.S. election. Eisenberg, is "absolutely ates risks for potential wit- volving the White House is versity law professor Neil
Four White House officials, immune" from congressio- nesses who may unknow- subject to absolute immu- Kinkopf in recent article.
including the top lawyer on nal testimony as a senior ingly divulge privileged nity," said David Driesen, "Indeed, the Constitution is
the National Security Coun- adviser to the president, or classified information," a Syracuse University law completely silent regard-
cil, defied subpoenas from Eisenberg's attorney said in White House spokesman professor who has studied ing the procedures in the
House investigators de- a letter. The letter involved Hogan Gidley said. the issue. "No person is im- House."
manding they appear for separation of powers argu- Democrats say there's no munized from appearing Driesen said all of the ef-
depositions Monday. ments in making that claim, basis for ignoring their sub- by any claim of privilege forts by the White House to
Although the White House contending his testimony is poenas. In a letter Sunday known to the law." slow down or halt the im-
did not flatly assert execu- comparable to the presi- to Blair's attorney, the three This latest resistance to peachment inquiry are just
tive privilege as the reason, dent himself being forced committee chairs leading House subpoenas and tes- that — none have a basis in
it came extremely close, before the inquiry. the impeachment probe timony fits into the broader the law.
Kitrosser said. Two other officials, Robert said the claims have "no White House claim that the "Trump defies the Consti-
"They are probably trying Blair and Michael Ellis, de- merit." entire process is fundamen- tution and tries to distract
to have it both ways and clined to testify unless they "Instead, it is the latest in a tally unfair. from that fact by making
trying to avoid the legal were allowed an executive long line of baseless pro- Trump's lawyers have also baseless attacks. This is a
and political ramifications branch lawyer present. The cedural challenges to the made immunity claims in good example," Driesen
of claiming executive privi- Justice Department issued House of Representatives' seeking to keep his tax re- said.q