Speaking with MSNBC host David Gura on Sunday morning, former Rep. Dave Jolly (R-FL ) said that, if Democrats are intent on impeaching President Donald Trump, they need to focus on making the case for obstruction of justice.
Then he provided the party he used to oppose with a roadmap to move the charge to the forefront of their investigation of the president.
“We have in the Mueller report, the three elements of obstruction of justice,” Jolly explained. “They involve [former White House counsel] Doug McGahn under oath testifying, giving testimony to Mueller. So we have the underlying charge already satisfied.”
“It is very important to understand the line of argument the White House is making here,” he continued. “This is not about executive privilege. Executive privilege is something that you exert once you appear and it’s well protected by the courts. He could show up and exert executive privilege and not answer questions — that’s fine. This is involving him, Bolton, Mulvaney, and others in the White House. The executive branch is not constitutionally immune from having to testify to the United States Congress, and there is no legal basis for that, which is why they will lose in court.”
“Here’s where I think Democrats face an important decision, a strategy moment,” he explained. “We now have seen a focus on the underlying abuse of power article of impeachment with Ukraine — we got that, we understand that. Don’t make the obstruction charge ancillary to that. Focus on a few weeks on obstruction. [Rep. Adam] Schiff should say we are moving articles to the judiciary on December 15th. We want these witnesses. If you don’t appear, you will be censured by the U.S. House. then Schiff can move an obstruction article over the White House impeding Mulvaney, Pompeo, McGahn and others. Make the obstruction article on not just ancillary.”