Impeachment Investigation
In the past couple of weeks, the House Intelligence Committee interviewed multiple members of the Trump foreign policy team. They’ve consistently heard the story of Rudy Giuliani, acting outside of the guardrails of the State Department or the National Security team, pursuing a renegade foreign policy in Ukraine. When the US Ambassador in Ukraine stood up to him, she summarily lost her job. The two “bagmen” who helped Giuliani “grease the wheels” in Ukraine are now in Federal custody in Alexandria, Virginia, under indictment and awaiting trial.
Trump Was Warned
Even the National Security Advisor, John Bolton, another Trump appointee seen as “outside the lines” saw the danger. He said Giuliani and Chief of Staff Mick Mulvaney were involved in a “drug deal”. Bolton saw Giuliani as a “…hand grenade waiting to explode.” When he heard the scheme to extort information about Joe Biden from the Ukrainian government, he ordered his aide to take notes, and consult legal counsel. And, like the Ambassador, Bolton lost his job as well.
What happened in the Ukraine? Rudy Giuliani knows the answers: he is the center of President Trump’s plan to extort the Ukrainian Government into investigating Biden. Implicit in that was that the Ukrainians would find something, real or made up, to tar Biden. Critical defense money needed to defend against Russia was at stake.
We already know what the President said, and what he wanted. What Giuliani can tell is how far the plot went, both before and after the fateful phone conversation between Trump and President Zelensky on July 25th.
Rejecting Subpoenas
So it is no surprise that the House Intelligence Committee subpoenaed both Giuliani’s documents, and his testimony. The deadline to respond to the Committee was Tuesday, October 15th. In an interview with George Stephanopoulos of ABC News that afternoon, Giuliani announced his refusal to comply.
The letter to Congress from his personal lawyer, Jon Sale, cites the White House Counsel’s previous response to the impeachment inquiries. He claims they are illegitimate and unconstitutional. Giuliani also claims that his actions were covered under attorney-client and executive privilege. Once the letter was sent, Giuliani fired Sale (National Review.)
Rudy Giuliani is not an employee of the White House, the Executive Branch, or the United States Government. He is a private citizen, acting as a supposedly unpaid attorney for Donald Trump. He has no standing to claim privilege, or deny the subpoena.
The Speaker
House Speaker Nancy Pelosi sees the White House’s “Unconstitutional and illegitimate” argument as obstruction of Congress, another impeachable offense. Tuesday night, in response to both Giuliani’s and the Office of Management and Budget’s refusal to cooperate, she reaffirmed that the House of Representatives power to determine their own course of action. The House will maintain “regular order.”
While there is little formal Constitutional process the House (or Senate) is required to follow in impeachment and trial, traditionally in Presidential impeachments, the House has voted twice. The first was to authorize an impeachment investigation, the second whether to actually impeach the President. This is different than “regular order” in the House, where bills are introduced, then referred to committees for study.
The House is following “regular order” by authorizing the committees to inquire as to impeachment. Speaker Pelosi determined that it is worth the political cost to maintain regular order, that the demand for a “vote” is simply another White House obstruction. She knows that she has the votes to impeach: clearly, the Speaker wouldn’t ask for a vote she couldn’t win.
A Citizen’s Duty
Giuliani should show up and testify. If he wants to claim some privilege, then the hearing is the place to begin adjudication of those claims. Superficially, it seems hard to see how attorney-client privilege would apply. His actions in Ukraine and the United States are potentially criminal, and those are exempted from privilege by the crime-fraud exception (NOLO.)
Or, he can come in and exercise his Constitutional right against self-incrimination. He can take “the Fifth” in front of the Adam Schiff, the Committee, God and the United States of America.
What private citizen Giuliani should NOT be able to do is defy the United States Congress with impunity. He should not be allowed to hide behind the skirts of the President, like a five year-old child. He was basking in Trump’s glory, travelling the world using the imprimatur of the President of the United States. Now it’s time to own up for his actions.
The House of Representatives has a police force. And they have the power to enforce Congressional orders, “inherent contempt” (here’s an essay on how that works.) They should seize Rudy Giuliani and bring him bodily in front of the Committee. There he can make a choice, testify, exercise his Constitutional rights to remain silent or stand and defy Congress.
Ambassador Marie Louise Yovanovitch testified for nine hours. Fiona Hill, former advisor to the President on Russia, testified for eleven. Secretary of State Pompeo’s former Chief of Staff is testifying as I write this.
Giuliani needs to “man up.”
