Gobsmacked
Republicans made known their fury and frustration late Thursday as
House Judiciary Committee Chairman Jerry Nadler, D-N.Y.,
abruptly wrapped up an all-day marathon hearing on the adoption of
two articles of impeachment against President Trump by delaying planned
votes on the matter until Friday morning.
"It is now very late at
night," Nadler said shortly before midnight in D.C. "I want the members
on both sides of the aisle to think about what has happened over these
last two days, and to search their consciences before we cast their
final votes. Therefore, the committee will now stand in recess until
tomorrow morning at 10 a.m., at which point I will move to divide the
question so that each of us may have the opportunity to cast up-or-down
votes on each of the articles of impeachment, and let history be our
judge."
Ranking Rep. Doug Collins, R-Ga., raised an immediate
objection as Nadler began leaving, saying it was "the most bush-league
stunt” he had ever seen.
"Mr. Chairman, there was no consulting
with the ranking member on your schedule for tomorrow -- you just blew
up schedules for everyone?" Collins asked incredulously. "You chose not
to consult the ranking member on a scheduling issue of this magnitude?
This is the kangaroo court we're talking about. Not even consult? Not
even consult? 10 a.m. tomorrow?"
He later told reporters: “This is
why people don't like us. This crap like this is why people are having
such a terrible opinion of Congress. What Chairman Nadler just did, and
his staff, and the rest of the majority who sat there quietly and said
nothing, this is why they don't like us. They know it's all about games.
It's all about the TV screens. They want the primetime hit. This is
Speaker Pelosi and Adam Schiff and the others directing this committee. I
don't have a chairman anymore. I guess I need to just go straight to
Ms. Pelosi and say, what TV hit does this committee need to do? This
committee has lost all relevance. I'll see y'all tomorrow."
Texas
GOP Rep. Louie Gohmert called out the tactic as "Stalinesque," and other
Republicans essentially heckled Nadler's conduct as unbelievable and
"outrageous." Gohmert also openly suggested that Democrats wanted to
have the vote when more people would be watching on television, and that
they wanted to be able to say they had a "three-day trial" in the
Judiciary Committee, even if they called no fact witnesses to appear
before the panel.
“The claim that Republicans promised Judiciary
Democrats that Thursday’s markup would end by 5:00 p.m. is false,"
Jessica Andrews, a spokeswoman for the House Judiciary Committee
Republicans, told Fox News. "Republicans were prepared to offer an
arsenal of appropriate amendments to address the clear deficiencies in
the articles of impeachment and were told that the committee would be
voting on articles Thursday evening. Judiciary Democrats broke their
promise as the cameras and lights were fading. They chose, instead, to
reconvene when ratings would be higher and the integrity of our
committee would be at a historic low.”
There is no more time
remaining for actual debate on the articles of impeachment under the
41-member Judiciary Committee's rules. On Friday morning, Fox News
expects the panel to vote to adopt each article of impeachment on a
party-line vote after a hearing that could last between 45 minutes to
around 2 hours.
Then, the articles will likely head to the Rules
Committee, which controls access to the House floor and sets the
parameters of debate there, before the full House votes on whether to
impeach the president. That final vote is expected next Wednesday or
Thursday. Should the House impeach the president next week, the matter
would go to the GOP-controlled Senate for a trial and virtually certain acquittal.
The last-minute confrontation on Thursday night was one final striking moment in
long day full of them, where seemingly nothing was off-limits -- from
Hunter Biden's rampant drug use to a Republican congressman's past
drunken-driving arrest.
Hours earlier, Rep. Hank Johnson,
D-Ga., claimed that Ukrainian President Volodymyr Zelensky looked "as
if his daughter was downstairs in the basement, duct-taped" when he
publicly undermined Democrats' case by declaring at the United Nations
that he felt no undue pressure from the president to conduct any political investigations.
"The
picture of President Trump and President Zelensky meeting in New York
in September at the UN -- big chair for President Trump, little chair
for President Zelensky. Big, 6-foot-4 President Trump, five-foot-eleven
President Zelensky. ... There's an imbalance of power in that
relationship," Johnson said, as some attendees laughed. Republicans,
including Donald Trump Jr., responded by mocking Johnson online for once suggesting that the island of Guam could capsize due to overpopulation, and for deriding Trump supporters in highly personal terms.
"JUST IN: Democrats want to impeach the President for [checks notes] being too tall," the White House tweeted, as the hearing, which began at 9 a.m. ET, extended all the way into the late-night hours.
There was even some intrigue during breaks in the proceedings when a Reuters photographer, Josh Roberts, was caught on camera approaching the dais and furtively taking photographs of private documents that Louisiana GOP Rep. Mike Johnson said belonged to Republicans.
Roberts was later escorted out of the Capitol building, and Florida GOP
Rep. Matt Gaetz announced at the hearing that Roberts had in fact
photographed Democrats' desks. Reuters posted wire photos apparently showing the desk of Rep. Ted Lieu, D-Calif., who was not in attendance at the hearing.
"Media spy games," House Intelligence Committee ranking member Devin Nunes, R-Calif., tweeted.
Democrats,
for their part, accused Republicans of plotting procedural tricks. As
the clock approached midnight, New York Democratic Rep. Hakeem Jeffries
complained that Senate Majority Leader Mitch McConnell, R-Ky., had vowed
in an interview with Fox News' Sean Hannity earlier on Thursday night that he would coordinate any Senate trial with the White House.
"There will be no difference between the President's position and our position in how to handle this," McConnell said.
In
the meantime, though, all eyes were on the 31 moderate House Democrats
from districts Trump won in 2016, most of whom have remained mum on how
they'll vote, as support for impeachment has flatlined in several battleground-state polls.
The House is comprised of 431 members, meaning Democrats would need 217
yeas to impeach Trump. There currently have been 233 Democrats, so they
could lose only 16 of their own and still impeach the president.
During
the day's markup, as members debated the language of the impeachment
resolutions, Republicans repeatedly pointed out that Trump was not
accused of any offense actually defined anywhere by law: neither "abuse
of power" nor "obstruction of Congress" was a recognized federal or
state crime.
Early in the hearing, Rep. Jim Sensenbrenner, R-Wis.,
supported Ohio GOP Rep. Jim Jordan's amendment to strike Democrats'
"abuse of power" article of impeachment entirely, arguing, "There was no
impeachable offense here."
But, Rep. Eric Swalwell,
D-Calif., responded that impeachment articles did not necessarily have
to include statutory crimes -- and that Trump’s actions would satisfy
criminal statutes such as bribery anyway.
This led Gohmert, R-Texas, to retort, "Well then, why aren't they in this impeachment document?"
Democrats had floated the idea of formally accusing Trump of bribery, after focus groups suggested
voters would like that term more. But, the idea fell out of favor after
news of the focus group leaked, and analysts pointed out that Trump's
conduct didn't seem to constitute bribery.
Later in the day,
Gohmert observed that the Trump administration ultimately provided
lethal aid to Ukraine, unlike former President Barack Obama, who also
withheld military aid to Ukraine and "just let people die over there" by
providing only nonlethal assistance.
Gohmert went on to object to
the "obstruction of Congress" article of impeachment as "tyrannical,"
saying it violated separation-of-powers principles for Congress to
impeach the president whenever he failed to cooperate fully with their
investigations.
Under Obama, the White House repeatedly refused
Republicans' document requests concerning the "Fast and Furious"
gunrunning scandal, leading Congress to hold then-Attorney General Eric
Holder in contempt. No impeachment proceedings were commenced.
Democrats
countered that it simply was not "credible" that Trump was withholding
aid to Ukraine for legitimate anticorruption evidence, even though he
also withheld $100 million in assistance to Lebanon this year.
"The
president has been talking about foreign corruption and the misuse of
American taxpayers' [funds]" since before the 2016 election, Johnson,
R-La., said, emphasizing that it was in-character for the president to
rein in excess spending for NATO and elsewhere.
"Everybody
knows the president s concerned about the misuse of taxpayer dollars
overseas. It's one of his primary driving forces. It's one of his main
talking points... Oh, Ukraine, the third-most corrupt nation in the
world, is the only one he wasn't concerned about? It just doesn't make
sense. Let's stop with the games."
At a particularly heated moment
in the hearing, Gaetz, R-Fla., brought up Hunter Biden's admitted past
substance abuse issues -- and Johnson, D-Ga., shot back by alluding to
Gaetz's own past arrest for drunken driving.
Gaetz was arguing
that Biden was incompetent and corrupt, citing his lucrative job on the
board of the Ukrainian natural gas company Burisma Holdings while his
father was overseeing Ukraine policy as vice president. The impeachment
inquiry began after Trump suggested the Ukrainians look into Joe Biden's
successful effort to pressure Ukraine to fire its top prosecutor by
withholding $1 billion in critical U.S. aid -- at a time when Burisma
was under criminal scrutiny.
The Florida lawmaker referenced an article in The New Yorker,
which included interviews with Hunter Biden and reported on a 2016 car
crash in which the younger Biden was involved. According to that
story, employees at a rental car agency claimed they found a crack pipe
inside the vehicle. It also quoted Hunter Biden describing his attempts
to buy crack cocaine in a Los Angeles homeless encampment.
"The
pot calling the kettle black is not something we should do," Johnson
said. "I don’t know what members, if any, have had any problems with
substance abuse, been busted in DUI. I don't know, but if I did, I
wouldn't raise it against anyone on this committee." Johnson added: "I
don't think it’s proper."
Separately, Gaetz introduced a December 2017 article in The New York Times
discussing Nadler's contemplation about impeaching the president years
ago. Democrats, Gaetz and other Republicans said, have been trying to
impeach and remove the president ever since he stunned the world by
defeating Hillary Clinton, first by peddling discredited allegations that his campaign criminally conspired with Russians.
Impeachment, Republicans argued, was politically motivated theater, long in the works and foreshadowed openly by Democrats for months, if not years.
The two-day markup began late Wednesday and saw Republicans lambasting Democrats and the media for pushing discredited claims about the Trump campaign's Russia ties. The rapid pace of the markup and vote came as numerous polls showed declining support for impeachment in key swing states.
For
example, impeachment and removal was opposed by 50.8 percent of voters
in Michigan, 52.2 percent of voters in Pennsylvania, and 57.9 percent of
voters in Wisconsin, according to the Firehouse/Optimus December
Battleground State Poll.
Two other polls released Wednesday showed that most Americans did not want Trump impeached and removed.
Politico reported earlier this week that
the numbers were making a "small group" of moderate Democrats, who have
held seats in districts where Trump won in 2016, nervous about how to
vote. They instead have suggested Trump be censured instead,
which would prevent the GOP from holding a potentially damaging Senate
trial and give them political cover in the upcoming election.
As the members debated Wednesday night, the White House Office of Management and Budget released a lengthy legal justification for
the withholding of aid to Ukraine, which was obtained by Fox News. OMB
classified the temporary pause in providing the aid to Ukraine as a
"programmatic delay" that was necessary and proper under the law to
"ensure that funds were not obligated prematurely in a manner that could
conflict with the President's foreign policy."
Rep. Pramila
Jayapal, D-Wash., accused OMB of an "after-the-fact coverup" by writing
its justification -- prompting Collins to respond, stunned, by noting
that a Senate Democrat had requested the letter.
"It is amazing
that this is an after-the fact coverup since it was asked by a
Democratic senator," Collins said. "So, that's an after-the-fact
coverup? ... This is exactly what I thought would happen when we came
back from lunch."
Collins went on to point out that Zelensky repeatedly has said that he did not feel that Trump pressured him in any way,
and that Democrats have taken to "belittling" Zelensky by calling him
an "actor" and "weak" only because he undermined their case.
Jayapal
also lamented that Trump hadn't followed official "talking points"
provided by career bureaucrats while on his July phone call with
Zelensky, prompting Republicans to respond that the president, as an
elected official, is ultimately in charge of foreign policy.
When
Democrats repeatedly argued that Trump's suspension of foreign aid had
cost Ukrainian lives, Collins angrily responded that, even according to
the same media reports cited by Democrats, no causal link had been shown
between any Ukrainian casualties and the temporary aid hold up.
"People died!" Swalwell said late in the evening, charging that Collins wanted to ignore reality.
Collins
called the arguments a "cheap shot" and "hogwash," reiterating that the
Democrats' claims were entirely speculative, and that they were falsely
claiming he'd said no one in Ukraine died.
"That is the most
amazing, amazing, lack of honesty and integrity that I have ever seen,"
Collins said emphatically. "In wars, people die. Is that difficult to
understand? It's not hard to understand. And, to say that.
... Besmirching the folks who died, that's just amazing to me, even for
this majority. To sit there and keep repeating the lie, after lie,
after lie. ... People died when there was money we released earlier. Are
we going to claim that was because we didn't give them enough money? I
don't know. I get it. Y'all have an agenda to push, and the clock is
ticking."
Hardline Democrats in safe districts haven't budged on
impeachment. California Rep. Karen Bass, for example, said earlier this
week she's open to impeaching Trump again even if he were to win the 2020 election.
"This
is the other side of it being political -- you’ve got about 30
House Democrats who are in districts won by Donald Trump and they
realize that they are going to pay a political price if they go along
with impeachment," Fox News contributor Charles Hurt, the opinion editor of The Washington Times, told "Fox & Friends" Wednesday.
Freshman
Rep. Elissa Slotkin, D-Mich. -- who flipped a GOP district in
2018 that Trump won by 7 points in 2016 -- told Fox News last month that
she was tentatively weighing all the evidence. On Wednesday, she confirmed she's still undecided.
"The
phones are ringing off the hook," she told CNN. "We literally can't
pick up the phones fast enough -- and it's people on both sides of it."
In
the meantime, Gaetz offered some advice to swing-district Democrats who
vote to impeach the president: "For the upcoming year, rent, don't buy,
here in Washington, D.C."
Fox News' Chad Pergram, Ronn Blitzer, Julia Musto, Marisa Schultz and Andrew O'Reilly contributed to this report.