House resolution outlines public phase of impeachment inquiry, gives GOP subpoena powers

House Intelligence Committee Chairman Adam Schiff 

House resolution outlines public phase of impeachment inquiry, gives GOP subpoena powers

USA TODAY
Christal Hayes and Bart Jansen
October 29, 2019

Left: House Intelligence Committee Chairman Adam Schiff says President Donald Trump's administration is "building a powerful case" for impeachment as a former White House national security adviser defied a subpoena on Monday. (Oct. 28) AP, AP

WASHINGTON – Democrats leading the House of Representatives released an eight-page resolution Tuesday that outlines how the next phase of the impeachment inquiry into President Donald Trump will operate, offering both sides of the aisle subpoena power as committees embark on public hearings.

The resolution from Rules Committee Chairman Jim McGovern, D-Mass., could be voted on as early as Thursday. It makes clear that information gathered by the six committees that have been conducting oversight into Trump would funnel to the House Judiciary Committee – the panel that has traditionally been charged with impeachment.

"None of us came to Congress to impeach a president – but each of us took a solemn oath to protect and defend the Constitution," McGovern said. "While the president and his allies try to obstruct our investigation and cover up his wrongdoing, the House will continue to do its job and uncover the truth for the American people."

The Thursday vote on the resolution will mark the first time House members will be forced to vote on the inquiry after weeks of intense criticism by the GOP and put several moderate Democrats and Republicans under close scrutiny as the 2020 election approaches.

The rules appear tailored to meet complaints that Republicans have made for weeks about closed-door depositions that three key committees – Foreign Affairs, Intelligence, and Oversight and Reform – have been holding with witnesses from the State Department and national security offices. Republicans argued that Democrats were holding secret impeachment hearings in the basement of the Capitol.

But it wasn't enough to appease concerns and Republicans in leadership urged their colleagues to vote against the measure. GOP lawmakers argued the resolution did not include additional resources for conservative lawmakers leading the committees where impeachment would take place and failed to detail whether the president and his attorneys could be present for the hearings, offer evidence or cross-examine witnesses.

The White House denounced the measure in a statement by Press Secretary Stephanie Grisham, saying the resolution continues the impeachment "scam" without allowing "any due process for the President."

"The White House is barred from participating at all, until after Chairman Schiff conducts two rounds of one-sided hearings to generate a biased report for the Judiciary Committee," she said. "Even then, the White House's rights remain undefined, unclear, and uncertain – because those rules still haven’t been written."

Later on Tuesday, Democrats released a three-page summary that outlined the role of the president and his counsel once impeachment moves to the Judiciary Committee. It includes that both the president and his counsel may cross-examine witnesses, offer evidence and craft a closing presentation.

But it all comes with a caveat — all requests would have to be approved by Democrats and would be rejected should the administration block witnesses or documents from being made available.

The resolution broadly outlines the plan for public hearings to take place in the House Intelligence Committee, which has led the investigation into Trump asking Ukraine to investigate political rivals – the central focus of the impeachment investigation.

Both Chairman Adam Schiff, D-Calif. and Devin Nunes, the top Republican on the committee, would have subpoena power and be given up to 90 minutes together to question witnesses during public hearings – or have staffers ask questions.

But subpoenas from Nunes, R-Calif., would first have to be approved by Schiff, who can reject such requests. Any rejection could be brought to the full committee for a vote, the resolution notes.

The measure also directs the Intelligence Committee to craft a report on its findings and offer it to the House Judiciary Committee, which under the resolution would also offer subpoena power to both parties on the panel – Chairman Jerry Nadler, D-N.Y., and Rep. Doug Collins of Georgia, the top Republican.

The resolution says the inquiry would continue under six committees: Financial Services, Foreign Affairs, Intelligence, Judiciary, Oversight and Reform, and Ways and Means, all of which have been investigating the president.

Three committees – Foreign Affairs, Intelligence, and Oversight and Reform – have been holding closed-door depositions with State Department and national security officials to learn more about Trump’s demand for Ukrainian investigations while he withheld nearly $400 million in military aid for the country.

But other committees have continued work on other aspects of the investigation, which the resolution says would also be funneled to the Judiciary Committee.

The chairmen of the four most active panels – Schiff; Nadler; Rep. Carolyn Maloney, D-N.Y., at Oversight; and Rep. Eliot Engle, D-N.Y., at Foreign Affairs – issued a joint statement saying that the inquiry "has collected extensive evidence and testimony, and soon the American people will hear from witnesses in an open setting."

"The evidence we have already collected paints the picture of a President who abused his power by using multiple levers of government to press a foreign country to interfere in the 2020 election," the chairmen said. "Following in the footsteps of previous impeachment inquiries, the next phase will move from closed depositions to open hearings where the American people will learn firsthand about the President’s misconduct."

House Speaker Nancy Pelosi, D-Calif., declared a formal impeachment inquiry Sept. 24 amid reports that Trump urged Ukraine President Volodymyr Zelensky to investigate his political rival, former Vice President Joe Biden, while withholding military aid. White House counsel Pat Cipollone notified Pelosi Oct. 8 that the administration wouldn’t cooperate for lack of a full House vote. Read more

Read the resolution: