Trump White House Refuses to Cooperate With Impeachment Inquiry
Several lawyers were quick to criticize the move, saying the administration is trying to shut down the only process available to hold a president accountable for misconduct.
October 08, 2019 at 06:15 PM
4 minute read
The original version of this story was published on National Law Journal
The White House on Tuesday said it will not participate in the U.S. House of Representatives' impeachment inquiry, calling it an unprecedented and dangerous path and an attempt to undo the results of the 2016 presidential election.
The eight-page letter signed by White House counsel Pat Cipollone said there is no legitimate basis for the inquiry and that it violates the due process and separation of powers clauses. The letter said the committees currently handling the inquiry have failed to ensure President Donald Trump's right to see evidence, cross-examine witnesses, make objections to the examination of witnesses or evidence, and to respond to evidence and testimony.
"We hope that, in light of the many deficiencies we have identified in your proceedings, you will abandon the current invalid efforts to pursue an impeachment inquiry and join the president in focusing on the many important goals that matter to the American people," the letter said.
House Democrats began their impeachment inquiry after a whistleblower flagged allegations that Trump asked Ukrainian President Volodymyr Zelensky to investigate political rival Joe Biden and his family and then allegedly tried to cover up the call.
A senior White House official claimed to reporters on a call shortly after the letter's release that the legal arguments are "grounded in a precedent."
"This is really a situation where the president has an obligation to protect certain principles and not to engage in a process that we believe is constitutionally defective," the official said.
But prominent legal experts were almost immediately dismissive of the claims made in the letter.
"Trump Administration: The reason why a sitting President can't be indicted is because the Constitution expressly creates an alternative, political process for presidential misconduct. Also Trump Administration: That alternative process is too political and entirely illegitimate," Steve Vladeck, a law professor at the University of Texas, tweeted.
The White House's move Tuesday is sure to set up more litigation as House Democrats seek to compel the release of information. Top Democrats have also signaled that they may fold efforts by the Trump White House to stifle the impeachment inquiry into potential articles of impeachment.
A federal judge on Tuesday questioned U.S. Justice Department attorneys over their position that the House could not get redacted grand jury materials from special counsel Robert Mueller's report.
In a hearing Tuesday, Chief U.S. District Judge Beryl Howell of the District of Columbia, pointed to past decisions by the U.S. Court of Appeals for the D.C. Circuit that found impeachment does constitute a judicial proceeding, one of the few instances a court can allow the release of grand jury materials, as potentially forcing her hand in ruling for the House in its bid to get the information.
House general counsel Douglas Letter argued it wasn't necessary for the chamber to hold such a vote at this time.
Letter acknowledged that a full House vote may have been held at this stage of other presidential impeachments, but that it wasn't the case in the impeachments of other individuals, like judges.
Read the letter:
Read more:
'Wow': DC Judge Questions DOJ's 'Extraordinary' Stance on Mueller Grand Jury Info
House Isn't Giving Up Its Trump Lawsuits, Even as Impeachment Over Ukraine Ramps Up
House Says Formal Impeachment Inquiry Means It Can Get Mueller's Grand Jury Info
Latest Impeachment Blowup Brings Robert Luskin Back Into the Fray
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
© 2025 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 AllLitigators of the Week: A Knockout Blow to Latest FCC Net Neutrality Rules After ‘Loper Bright’
An ‘Indiana Jones Moment’: Mayer Brown’s John Nadolenco and Kelly Kramer on the 10-Year Legal Saga of the Bahia Emerald
Litigators of the Week: A Win for Homeless Veterans On the VA's West LA Campus
'The Most Peculiar Federal Court in the Country' Comes to Berkeley Law
Trending Stories
- 1Can a Law Firm Institutionalize Its Culture? Boies Schiller’s New Chairman Will Try
- 2Full 8th Circuit Hears First Amendment Challenge to School District’s ‘Equity Training’
- 3Exploring Generative AI’s Impact on Intellectual Property
- 4Training Lawyers in AI and Using AI to Boost Training
- 5EB-5 Rebounds After a Rocky Year: Challenges of 2024 Lay Groundwork for a Booming 2025
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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