The House Is Set to Impeach Trump. These Lawyers Helped Democrats Get There
The lawyers remained an active presence in the room as the House Judiciary Committee began debating the articles of impeachment this past week.
December 13, 2019 at 05:23 PM
7 minute read
The original version of this story was published on National Law Journal
As the House prepares to pass articles of impeachment against President Donald Trump, a handful of legal staffers typically relegated to behind-the-scenes action have found themselves at the center of the political spectacle.
Outside lawyers and investigators hired by Democrats have emerged as both witnesses and questioners during the House's impeachment inquiry.
Lawyers have been a running theme throughout the House's impeachment inquiry. Staff led the questioning of fact witnesses during the closed-door depositions. And lawyers also starred in the two public hearings the House Judiciary Committee held, before they started considering the articles of impeachment.
Two former federal prosecutors from the Southern District of New York, Daniel Goldman and Daniel Noble, led the Democratic questioning of witnesses behind closed doors. They were hired to work on Democratic investigations, before impeachment was fully on the table, but pivoted to handle the inquiry.
"It made all the difference," Democratic Rep. Peter Welch, a member of the House Intelligence Committee, said of the investigators' work during the closed-door depositions and public hearings.
"There was focused preparation and focused questioning, and I think in the Intelligence Committee you saw the immense benefit of it, where we're able to largely focus on the facts and the information with a minimum focus on self-serving speeches by members," Welch said.
Lawyers Norm Eisen and Barry Berke played a significant role once the House Judiciary Committee took over the inquiry. Eisen questioned a panel of constitutional scholars, while Berke both delivered an opening statement on the evidence presented in the probe and then questioned congressional investigators.
Those lawyers too were hired before the Ukrainian-based impeachment inquiry took shape, instead working on lawsuits seeking information to help bolster a Mueller-focused impeachment. But they too shifted to home in on Ukraine. And other attorneys, such as impeachment expert Joshua Matz and former House Judiciary Committee staffer Ted Kalo, came on board to help.
Harvard's Laurence Tribe, who co-authored a book on impeachment with Matz, also visited Washington over the weekend to speak with lawmakers about the evidence gathered in the inquiry and the potential articles against Trump.
Berke's dual role became a point of contention for some GOP members of the Judiciary Committee, who objected to him playing either part. Georgia Rep. Doug Collins and other Republicans have long opposed the use of staff questioning, asking during the passage of committee rules that established the procedure during impeachment hearings why counsel should be given more time for questioning than elected members of Congress.
While Democrats have sought outside help to assist their existing legal staff, Republicans have chosen to rely on their existing committee counsel.
GOP counsel Stephen Castor, a longtime House staffer who's working for top Trump ally Rep. Jim Jordan, has been a steady presence during both public and private hearings. He led the Republican questioning of witnesses during the closed-door depositions and was temporarily lent to the Intelligence Committee so he could interview witnesses during the public hearings.
Judiciary committee counsel Paul Taylor also had a moment in the spotlight, as he questioned Castor and Goldman during a hearing this week on evidence gathered as part of the inquiry.
As House Judiciary Committee members began debating the articles of impeachment, the lawyers remained an active presence in the room. A pair of committee counsel consistently flanked Nadler and Collins on the dais, while others sat behind the row of seated lawmakers.
Republican lawyers in particular, such as Castor and fellow GOP Judiciary Committee counsel Ashley Callen, deliberated with both members and fellow staff during the markup of the articles. Democratic staff members, such as Arya Hariharan, similarly consulted with members throughout the hearing.
Rep. David Cicilline, a Judiciary Democrat, said those consultations were largely about the evidence from the investigation, as well as guidance on the "prevailing legal standards and about the constitutional provisions."
"The kind of traditional work a lawyer would do in this kind of a proceeding," he added.
Republicans have invoked the constitutional law scholars' testimony, given last week, during the deliberations on the articles of impeachment. Several mentioned George Washington University law professor Jonathan Turley's remarks about the inquiry, including his warnings about the speed of the proceedings.
But Republicans were generally critical of the heavy reliance on legal experts and staff lawyers. They said the House Judiciary Committee should have called fact witnesses to testify, rather than relying on advice from the constitutional law scholars and evidence presented by committee counsel.
"We've got law professors and staff asking staff questions," said Rep. Andy Biggs, chairman of the conservative Freedom Caucus, in criticizing the proceedings.
The staff lawyers have also gained a sort of internet celebrity through the impeachment proceedings. Those who support the impeachment inquiry used Twitter to cheer questioning by Berke.
Castor also gained notoriety when a clip of him showing up to testify using a The Fresh Market grocery bag to carry his belongings went viral.
The Judiciary Committee itself is full of lawyers. Rep. Jamie Raskin, a constitutional law scholar, at one point spoke to offer "constitutional context" about the House's investigative powers, describing the U.S. Supreme Court's decision in United States v. Nixon, which affirmed the House has the authority to conduct its own impeachment proceedings in the way of its choosing.
And Rep. Eric Swalwell, a member of both the House Intelligence and Judiciary committees and a former local prosecutor, said he misses being in court because "you had judges that could rule on evidentiary matters, you don't have that here."
"Facts and evidence matter, and sure, you have to make the case to the American people," Swalwell said. "But to be around people that have done that with juries, it just helps me, and I think my colleagues who did not practice, make the best case."
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPa. Judicial Nominee Advances While Trump Demands GOP Unity Against Biden Picks
4 minute readAuditor Finds 'Significant Deficiency' in FTC Accounting to Tune of $7M
4 minute readTrump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work
'Radical Left Judges'?: Trump Demands GOP Unity Against Biden's Judicial Picks
4 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250