For the Democratic leaders conducting the impeachment process, Trump's actions to introduce the probe into his behavior with Ukraine add to another likely impeachment article: "Obstruction."
Potential impeachment charges for Democrats in the House are widely expected to be suspected abuse of power over Ukraine. But the impediment of Congress is now sure to be introduced by many Democrats and aides, just as it did five decades ago when the House Judiciary Committee voted on impeachment articles against then-President Richard Nixon. But Nixon resigned before the full House vote.
"It is important to substantiate the role of Congress as an independent arm of the government with a substantial oversight responsibility that if the executive simply obstructs and prevents witnesses from coming forward or obstructing others from drafting documents, they could effectively to remove congressional oversight, "the rep said. David N. Tsitsilin (DR.I.). "That would be very dangerous for the country."
Democrats say the stone wall of the Trump administration ̵
1; including attempts to stop summoned witnesses to testify and block the executive branch from passing documents – creates a serious case that the president violated the separation of powers and the undermining of the supervisory role of legislators, as set out in the Constitution.
Lawrence H. Triby, a constitutional law scholar at Harvard Law School who has unofficially consulted some Democratic House leaders, said Trump's actions were unprecedented.  "I do not know of any case where a president subjected to serious impeachment efforts, whether Andrew Johnson or Richard Nixon or Bill Clinton, essentially tried to pull the curtain down completely – treating the entire impeachment process as illegitimate, unacceptable. call it '' lynch '' and call it 'kangaroo court', "the tribe said.
"This is not just an obstacle to Inca milk," he added. "It is essentially said that a process that the Constitution introduces, thanks to people like James Madison and Alexander Hamilton, to deal with an out-of-control president is a process that he is trying to undermine, undermine and delegitimize. This, to me, is obviously a high crime and a crime. "
In recent weeks, House Speaker Nancy Pelosi (D-California), Chairman of the Intelligence Committee Adam B. Schiff (D-Calif) and other top Democrats have become They regularly warn the White House that any attempt to deny or conceal evidence related to an episode in Ukraine by Congressional investigators could be grounds for impeachment.
Meanwhile, Republican lawmakers blame Democrats in excessive action, despite the history of their use of congressional calls to interrogate Obama administration officials while holding the majority.
"Generally speaking, a fishing expedition that would call for senior executives is not something Congress has ever expected in the past, nor should it expect now – unless there is a real impeachment," said reporter Mark Meadows (RN.C.), Trump's confidant.
"A fishing expedition like this one, where [they’ve] lasted for three years, hoping it could summon anyone who potentially talked to the president was nothing to go by. takes power in Congress in Congress and certainly contradicts the division of the House lones, "Meado
White House press secretary Stephanie Grisham declared Trump's innocence in a statement Thursday and dismissed the investigation as an" unlawful impeachment process "that" hurt the American people. "
what constitutes "high crimes and crimes" in the preparation of impeachment articles, which will be voted on by the House and, if passed, will be subject to litigation in the Senate. Therefore, the standard of drawing up a barrier is different from that of a criminal investigation, such as special counsel Robert S. Müller III in Russia.
"Detention, unlike indictment, does not require you to prove all the elements of a crime," said Joyce White Vance, a former US attorney in Alabama during the Obama administration. "Congress is charged with defining high crime and crime rates.
Barbara McQuad, another former US attorney for the Obama administration in Michigan, said there was no impeachment standard.
"Crime is everything Congress says it's a charge in the Chamber and for convicting purposes in the Senate, "says McQueade, a professor at the University of Michigan Law." There may be some crimes that are not inevitable, such as being thrown out or misunderstood, and then there are those that are inevitable but not criminal, such as abuse of power for personal purposes, instead of acting in the best interests of the country. " Trump's treatment of congressional witnesses reminds him of his behavior during the Mueller and Pelosi investigation on Friday did not rule out the inclusion of conduct related to the Russia study. in the impeachment articles .
During the Mueller investigation, Trump worked to detain witnesses on his part through a mixture of personal warmth toward those who seemed loyal and public and private to hacking and harassing those he believed not to be.
Trump was particularly aggressive with his former personal lawyer, Michael Cohen, who last year pleaded guilty to settling women's cash payments before the 2016 election and implicated the president in an illegal scheme. When Cohen began cooperating with prosecutors, Trump dropped out, casting his former employee as a "rat" and urging Cohen's family members to be prosecuted.
Likewise, Trump blasts witnesses who now testify against him as part of the Chamber's impeachment proceedings, even some administration officials he has appointed. The president slammed Ambassador Bill Taylor, a longtime Foreign Service official who agreed to run the Embassy of Ukraine at the personal request of Secretary of State Trump, as a "Never a Trumpeter," hired Trump's enemies as his lawyers.
Trump applies the same lift to Lt. Col. Alexander Windman, a decorated Army officer and National Security Council official, who found Trump's call to the President of Ukraine inappropriate as soon as it ended.
In another parallel to his behavior during the Muller probe, Trump has also engaged in a ruthless campaign to undermine the very investigation in Ukraine as illegitimate. This is partly a political tactic aimed at persuading his supporters to reject any harmful information coming out of the probe as tainted and unjust.
Trump called on Democrats to handle the names of the process, accused them of treason, and said criminal investigations should be conducted for unspecified behavior. The president also revived the same scathing title for the impeachment investigation that he effectively held for nearly two years against Mueller: The Witch Hunt.
Trump also ordered the executive branch to disregard Congress's requests for documents or testimonials – a pose formulated earlier this month in a mourning memorandum to Congress by White House lawyer Pat Cipolon, who virtually declared war on the investigation .
Preventing people from testimony based on intimidation or pretextual assertion of executive privilege is the clearest element of obstruction of Trump from congressional research, according to Vance, a law professor at the University of Alabama. She said Trump's obstructive actions were obvious but did not provoke commensurate outrage because they were following his already known pattern of behavior.
"We are like frogs that boil," Vance said. "It has happened so stubbornly that something that is really just screaming and obvious is being obscured."