PROFESSOR JONATHAN TURLEY: What my esteemed colleague said is certainly true. If you accept all of their presumptions, it would be obstruction. But impeachments have to be based on proof, not presumptions. That’s the problem when you move towards impeachment on this abbreviated schedule. That has not been explained to me why you want to set the record for the fastest impeachment. fast is not good for impeachment. Narrow, fast impeachments have failed. Just ask Johnson. So, the obstruction issue is an example of this problem. And here’s my concern. The theory being put forward is that President Trump obstructed Congress by not turning over material requested by the Committee. Citations have been made to the third article of the Nixon impeachment. first of all, I want to confess, I’ve been a critic of the third article of the Nixon impeachment my whole life. My hair catches on fire every time someone mentions the third article. Why? Because you would be replicating one of the worst articles written on impeachment. Here’s the reason why. Peter Rodino’s position as Chairman of the Judiciary was that Congress alone decides what information may be given to it. Alone. His position was that the courts have no role in this. And so, by that theory, any refusal by a president based on executive privilege or immunities would be the basis of impeachment. That is essentially the theory that is being replicated today. President Trump has gone to the courts. He’s allowed to do that. We have three branches, not two.
CONGRESSWOMAN ELISE STEFANIK