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| Impeachment Hearing Takeaways: Democrats Allege ‘Brazen’ Trump Scheme While Republicans Lament ‘Unfair’ Process | Impeachment Hearing Takeaways: Democrats Allege ‘Brazen’ Trump Scheme While Republicans Lament ‘Unfair’ Process |
| (about 20 hours later) | |
| Democrats and Republicans who squared off at Monday’s impeachment hearing in the House Judiciary Committee had one remarkable point of agreement: Both said that there are four key facts at the heart of the debate about whether President Trump should be impeached by the House and removed from office. | Democrats and Republicans who squared off at Monday’s impeachment hearing in the House Judiciary Committee had one remarkable point of agreement: Both said that there are four key facts at the heart of the debate about whether President Trump should be impeached by the House and removed from office. |
| They just offered two completely different sets of facts. | They just offered two completely different sets of facts. |
| Daniel S. Goldman, the chief investigator for the House Intelligence Committee, said during his presentation to the Judiciary Committee members that the Democratic case against the president can be “boiled down to four key takeaways.” | Daniel S. Goldman, the chief investigator for the House Intelligence Committee, said during his presentation to the Judiciary Committee members that the Democratic case against the president can be “boiled down to four key takeaways.” |
| He said that Mr. Trump “directed a scheme to pressure Ukraine into opening two investigations”; that he used his office to withhold “an Oval Office meeting and $391 million in security assistance to pressure Ukraine”; that “everyone was in the loop”; and that “despite the public discovery of this scheme, which prompted the president to release the aid, he has not given up.” | He said that Mr. Trump “directed a scheme to pressure Ukraine into opening two investigations”; that he used his office to withhold “an Oval Office meeting and $391 million in security assistance to pressure Ukraine”; that “everyone was in the loop”; and that “despite the public discovery of this scheme, which prompted the president to release the aid, he has not given up.” |
| When Republicans had the microphone, several offered their own four-part assessment of how best to understand what they viewed as the failure of Democrats to make the case. | When Republicans had the microphone, several offered their own four-part assessment of how best to understand what they viewed as the failure of Democrats to make the case. |
| Representative Jim Jordan, Republican of Ohio, offered them in his usual, rapid-fire fashion: He asserted that Mr. Trump’s July 25 call with the president of Ukraine did not show evidence of pressure or a quid pro quo; that Mr. Zelensky has repeatedly denied feeling pressured; that Ukraine did not know the security aid was held up; and that the aid was eventually released without any announcement of an investigation that Mr. Trump wanted. | Representative Jim Jordan, Republican of Ohio, offered them in his usual, rapid-fire fashion: He asserted that Mr. Trump’s July 25 call with the president of Ukraine did not show evidence of pressure or a quid pro quo; that Mr. Zelensky has repeatedly denied feeling pressured; that Ukraine did not know the security aid was held up; and that the aid was eventually released without any announcement of an investigation that Mr. Trump wanted. |
| Democrats take issue with those four points, asserting that they are factually wrong or a questionable interpretation, just as Republicans challenge the four Democratic points. Together, they underscore how far apart both sides are in terms of agreeing on a common set of facts in the impeachment inquiry. | Democrats take issue with those four points, asserting that they are factually wrong or a questionable interpretation, just as Republicans challenge the four Democratic points. Together, they underscore how far apart both sides are in terms of agreeing on a common set of facts in the impeachment inquiry. |
| Representative Jerrold Nadler, the Democratic chairman of the House Judiciary Committee, denied requests for Republican witnesses, including the appearance of Representative Adam B. Schiff, the chairman of the House Intelligence Committee, or the anonymous whistle-blower whose complaint focused on the president’s July 25 call with the president of Ukraine. | Representative Jerrold Nadler, the Democratic chairman of the House Judiciary Committee, denied requests for Republican witnesses, including the appearance of Representative Adam B. Schiff, the chairman of the House Intelligence Committee, or the anonymous whistle-blower whose complaint focused on the president’s July 25 call with the president of Ukraine. |
| “The committee has previously tabled motions with regard to these matters at its December 4, 2019, hearing, and I see no reason to reconsider those requests,” Mr. Nadler wrote in a letter to Representative Doug Collins of Georgia, the top Republican on the Judiciary Committee. | “The committee has previously tabled motions with regard to these matters at its December 4, 2019, hearing, and I see no reason to reconsider those requests,” Mr. Nadler wrote in a letter to Representative Doug Collins of Georgia, the top Republican on the Judiciary Committee. |
| Republicans have repeatedly demanded a hearing to feature their own witnesses, including the whistle-blower; Hunter Biden, the son of former Vice President Joseph R. Biden Jr.; and Mr. Schiff, who they accuse of running an unfair impeachment investigation. Mr. Nadler has said for days that he would respond to their request. | |
| In the letter, Mr. Nadler noted that Republicans had previously asked for the same witnesses to appear during hearings of the Intelligence Committee. “I concur in Chairman Schiff’s assessment and also find that these requests outside of the parameters of the impeachment inquiry,” Mr. Nadler wrote. | In the letter, Mr. Nadler noted that Republicans had previously asked for the same witnesses to appear during hearings of the Intelligence Committee. “I concur in Chairman Schiff’s assessment and also find that these requests outside of the parameters of the impeachment inquiry,” Mr. Nadler wrote. |
| Under the rules of the impeachment inquiry, Republicans have the right to request a meeting of the Judiciary Committee to consider an appeal of Mr. Nadler’s decision, though because Democrats control the committee, it’s all but certain that the committee would support the chairman’s decision. In the letter, Mr. Nadler said he was willing to call such a meeting if the Republicans request it. | Under the rules of the impeachment inquiry, Republicans have the right to request a meeting of the Judiciary Committee to consider an appeal of Mr. Nadler’s decision, though because Democrats control the committee, it’s all but certain that the committee would support the chairman’s decision. In the letter, Mr. Nadler said he was willing to call such a meeting if the Republicans request it. |
| House Democrats are likely to use the testimony in Monday’s hearing as they begin drafting later this week the articles of impeachment against Mr. Trump amid an intense debate about how expansive the charges of high crimes and misdemeanors should be. | House Democrats are likely to use the testimony in Monday’s hearing as they begin drafting later this week the articles of impeachment against Mr. Trump amid an intense debate about how expansive the charges of high crimes and misdemeanors should be. |
| Democrats appear poised to accuse Mr. Trump of abuse of power for pressuring Ukraine to help him incriminate Democratic rivals while withholding American security aid. They are also expect to charge him with obstructing the congressional investigation by defying subpoenas, blocking witnesses from testifying and denying documents. | Democrats appear poised to accuse Mr. Trump of abuse of power for pressuring Ukraine to help him incriminate Democratic rivals while withholding American security aid. They are also expect to charge him with obstructing the congressional investigation by defying subpoenas, blocking witnesses from testifying and denying documents. |
| It is less clear whether Democrats will include charges of obstruction of justice for trying to impede the Russia investigation by Mr. Mueller, whose report last spring included evidence of 10 instances of possible obstruction. | It is less clear whether Democrats will include charges of obstruction of justice for trying to impede the Russia investigation by Mr. Mueller, whose report last spring included evidence of 10 instances of possible obstruction. |
| Republicans seized on a new talking point on Monday, accusing Democrats on the House Intelligence Committee of improperly revealing phone records. | Republicans seized on a new talking point on Monday, accusing Democrats on the House Intelligence Committee of improperly revealing phone records. |
| Representative Doug Collins of Georgia angrily demanded that Mr. Goldman tell lawmakers who made the decision to reveal the names of journalists and lawmakers in the Intelligence Committee’s impeachment report after their numbers were identified as part of subpoenas of phone company records. | Representative Doug Collins of Georgia angrily demanded that Mr. Goldman tell lawmakers who made the decision to reveal the names of journalists and lawmakers in the Intelligence Committee’s impeachment report after their numbers were identified as part of subpoenas of phone company records. |
| “Who ordered it? You or Mr. Schiff?” Mr. Collins asked Mr. Goldman, referring to Representative Adam B. Schiff of California, the chairman of the Intelligence Committee. Mr. Goldman declined answer but tried to explain that such identifications occur in the normal course of the examination of phone records. | “Who ordered it? You or Mr. Schiff?” Mr. Collins asked Mr. Goldman, referring to Representative Adam B. Schiff of California, the chairman of the Intelligence Committee. Mr. Goldman declined answer but tried to explain that such identifications occur in the normal course of the examination of phone records. |
| The telephone numbers of the journalists and lawmakers — including Representative Devin Nunes of California, the top Republican on the committee — were included because they had been talking to the people being investigated as part of the impeachment inquiry. | The telephone numbers of the journalists and lawmakers — including Representative Devin Nunes of California, the top Republican on the committee — were included because they had been talking to the people being investigated as part of the impeachment inquiry. |
| But Republicans said the decision amounted to an “abuse of power” by the Democrats. | But Republicans said the decision amounted to an “abuse of power” by the Democrats. |
| “Folks, you have made Joe McCarthy look like a piker,” said Representative James Sensenbrenner of Wisconsin, a Republican and former chairman of the House Judiciary Committee. “This is a major step in the surveillance state getting out of control.” | “Folks, you have made Joe McCarthy look like a piker,” said Representative James Sensenbrenner of Wisconsin, a Republican and former chairman of the House Judiciary Committee. “This is a major step in the surveillance state getting out of control.” |
| Monday’s hearing began with both sides presenting their cases largely undisturbed. But once questioning began, Barry H. Berke, the Democratic lawyer, took aim at Stephen Castor, the Republican lawyer from the committee, grilling him aggressively. | Monday’s hearing began with both sides presenting their cases largely undisturbed. But once questioning began, Barry H. Berke, the Democratic lawyer, took aim at Stephen Castor, the Republican lawyer from the committee, grilling him aggressively. |
| In one testy exchange, Mr. Berke accused Mr. Castor of mischaracterizing the testimony of Jennifer Williams, an aide to Vice President Mike Pence, by writing in a report that she found a July 25 call between Mr. Trump and the president of Ukraine merely “unusual.” Mr. Berke noted that she actually called it “unusual and inappropriate.” Mr. Castor denied misquoting her, saying it “wasn’t a block quote.” | In one testy exchange, Mr. Berke accused Mr. Castor of mischaracterizing the testimony of Jennifer Williams, an aide to Vice President Mike Pence, by writing in a report that she found a July 25 call between Mr. Trump and the president of Ukraine merely “unusual.” Mr. Berke noted that she actually called it “unusual and inappropriate.” Mr. Castor denied misquoting her, saying it “wasn’t a block quote.” |
| The back-and-forth between the two lawyers caused Representative Jim Sensenbrenner of Wisconsin, a former Republican chairman of the committee to accuse Mr. Berke of “badgering the witness.” Mr. Nadler slammed his gavel. “He’s not,” Mr. Nadler said. | The back-and-forth between the two lawyers caused Representative Jim Sensenbrenner of Wisconsin, a former Republican chairman of the committee to accuse Mr. Berke of “badgering the witness.” Mr. Nadler slammed his gavel. “He’s not,” Mr. Nadler said. |
| The headline from Democrats at Monday’s hearing was from the opening statement by Barry H. Berke, the top lawyer for Judiciary Democrats, who told the committee that Mr. Trump’s actions were “so brazen” that there was no question that he had abused his power to advance his own political interests. | The headline from Democrats at Monday’s hearing was from the opening statement by Barry H. Berke, the top lawyer for Judiciary Democrats, who told the committee that Mr. Trump’s actions were “so brazen” that there was no question that he had abused his power to advance his own political interests. |
| “The evidence is overwhelming,” Mr. Berke said, repeating the phrase to counter Republican arguments that the impeachment inquiry had been rushed and inadequate. He said the facts were “uncontradicted” and “cannot be disputed.” | “The evidence is overwhelming,” Mr. Berke said, repeating the phrase to counter Republican arguments that the impeachment inquiry had been rushed and inadequate. He said the facts were “uncontradicted” and “cannot be disputed.” |
| Mr. Goldman later said that the president had tried to distort next year’s election with false allegations, pointing to his weekend statements to reporters that Rudolph W. Giuliani, his personal lawyer, would make a report to the Justice Department about Democrats. | Mr. Goldman later said that the president had tried to distort next year’s election with false allegations, pointing to his weekend statements to reporters that Rudolph W. Giuliani, his personal lawyer, would make a report to the Justice Department about Democrats. |
| “President Trump’s persistent and continuing effort to coerce a foreign country to help him cheat to win an election is a clear and present danger to our free and fair elections and to our national security,” Mr. Goldman said. | “President Trump’s persistent and continuing effort to coerce a foreign country to help him cheat to win an election is a clear and present danger to our free and fair elections and to our national security,” Mr. Goldman said. |
| Mr. Berke placed the president’s actions with Ukraine in the context of Russia’s interference in the 2016 election as investigated by the special counsel Robert S. Mueller III. Mr. Berke played a video clip of Mr. Trump that year publicly calling on Russia to hack Hillary Clinton’s emails, and another of him as president telling reporters he wanted Ukraine to investigate former Vice President Joseph R. Biden Jr. | Mr. Berke placed the president’s actions with Ukraine in the context of Russia’s interference in the 2016 election as investigated by the special counsel Robert S. Mueller III. Mr. Berke played a video clip of Mr. Trump that year publicly calling on Russia to hack Hillary Clinton’s emails, and another of him as president telling reporters he wanted Ukraine to investigate former Vice President Joseph R. Biden Jr. |
| Rather than leave the matter to voters next fall, as some Republicans have argued, Mr. Berke said the House had to act now because Mr. Trump was trying to corrupt the 2020 election. | Rather than leave the matter to voters next fall, as some Republicans have argued, Mr. Berke said the House had to act now because Mr. Trump was trying to corrupt the 2020 election. |
| During Monday’s hearing, Republicans focused more on the actions of the Democrats than Mr. Trump’s, arguing that the president has been the target of an illegitimate, partisan witch hunt. | During Monday’s hearing, Republicans focused more on the actions of the Democrats than Mr. Trump’s, arguing that the president has been the target of an illegitimate, partisan witch hunt. |
| Mr. Castor devoted the majority of his prepared testimony to how the Democrats have conducted their inquiry and, in his view, distorted the facts. | Mr. Castor devoted the majority of his prepared testimony to how the Democrats have conducted their inquiry and, in his view, distorted the facts. |
| “The Democrats went searching for a set of facts on which to impeach the president — the emoluments clause, the president’s business and financial records, the Mueller report and allegations of obstruction there — before settling on Ukraine,” he said. | “The Democrats went searching for a set of facts on which to impeach the president — the emoluments clause, the president’s business and financial records, the Mueller report and allegations of obstruction there — before settling on Ukraine,” he said. |
| Mr. Castor maintained that Mr. Trump was not pursuing his own interests, but was only concerned about corruption in Ukraine. And he noted that President Volodymyr Zelensky of Ukraine has said he did not feel pressured, saying that “if President Trump was truly orchestrating a pressure campaign to force Ukraine to investigate former Vice President Biden, one would think that Ukraine would have felt some pressure.” | Mr. Castor maintained that Mr. Trump was not pursuing his own interests, but was only concerned about corruption in Ukraine. And he noted that President Volodymyr Zelensky of Ukraine has said he did not feel pressured, saying that “if President Trump was truly orchestrating a pressure campaign to force Ukraine to investigate former Vice President Biden, one would think that Ukraine would have felt some pressure.” |
| A central theme pushed by Republicans during Monday’s hearing was the blame-Ukraine defense, in which they contended that Mr. Trump was justified in asking Ukraine for investigations because had genuine concerns about corruption there. | A central theme pushed by Republicans during Monday’s hearing was the blame-Ukraine defense, in which they contended that Mr. Trump was justified in asking Ukraine for investigations because had genuine concerns about corruption there. |
| “Democrats dismiss these as conspiracy theories to suggest that President Trump has no legitimate reason — other than his own political interests — to raise these issues with President Zelensky,” Mr. Castor said. “The evidence, however, shows that there are legitimate questions about both issues.” | “Democrats dismiss these as conspiracy theories to suggest that President Trump has no legitimate reason — other than his own political interests — to raise these issues with President Zelensky,” Mr. Castor said. “The evidence, however, shows that there are legitimate questions about both issues.” |
| Mr. Castor did not explain, however, why Mr. Trump never mentioned the word “corruption” in either of his phone calls with Mr. Zelensky if that was his concern. Intelligence agencies and former advisers to Mr. Trump have warned against advancing such claims, attributing them to an effort by Russia to shift responsibility after its operation to tilt the 2016 election. | Mr. Castor did not explain, however, why Mr. Trump never mentioned the word “corruption” in either of his phone calls with Mr. Zelensky if that was his concern. Intelligence agencies and former advisers to Mr. Trump have warned against advancing such claims, attributing them to an effort by Russia to shift responsibility after its operation to tilt the 2016 election. |
| “I am not saying that it was Ukraine and not Russia,” Mr. Castor said. “I am saying that both countries can work to influence an election.” | “I am not saying that it was Ukraine and not Russia,” Mr. Castor said. “I am saying that both countries can work to influence an election.” |
| Monday’s hearing provided another venue for Republicans to lodge repeated complaints about the way Mr. Nadler is running the impeachment process, raising parliamentary points and forcing party-line votes. | Monday’s hearing provided another venue for Republicans to lodge repeated complaints about the way Mr. Nadler is running the impeachment process, raising parliamentary points and forcing party-line votes. |
| Republicans pressed Mr. Nadler to schedule a hearing day that they would be allowed to organize, including calling witnesses of their choice. Later in the day, Mr. Nadler denied the request. | Republicans pressed Mr. Nadler to schedule a hearing day that they would be allowed to organize, including calling witnesses of their choice. Later in the day, Mr. Nadler denied the request. |
| They objected to the content of Mr. Berke’s presentation, arguing that it violated the committee’s rules of decorum against making disparaging remarks about the president. Mr. Nadler shut down the criticisms. | They objected to the content of Mr. Berke’s presentation, arguing that it violated the committee’s rules of decorum against making disparaging remarks about the president. Mr. Nadler shut down the criticisms. |
| Republicans also complained that the lawyers making the opening presentations had not been sworn in under oath and that committee Republicans had not received until last weekend 8,000 pages of information from the House investigation. | Republicans also complained that the lawyers making the opening presentations had not been sworn in under oath and that committee Republicans had not received until last weekend 8,000 pages of information from the House investigation. |
| They also used the moment to jab at Mr. Schiff, for not presenting the evidence his panel gathered himself, prompting Mr. Collins to say: “Instead he is sending his staff to do his job for him. I guess that’s what you get when you’re making up impeachment as you go.” | They also used the moment to jab at Mr. Schiff, for not presenting the evidence his panel gathered himself, prompting Mr. Collins to say: “Instead he is sending his staff to do his job for him. I guess that’s what you get when you’re making up impeachment as you go.” |