Article 1, Section 2 of the U.S. Constitution gives the House of Representatives the power to impeach the president. Any president who is impeached is tried by the Senate.
The relevant sentence says:
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
The White House sent a letter to the House declaring that its impeachment inquiry was “unconstitutional.”
The Washington Post wrote about this bizarre opinion and cited various legal scholars.
“We have a president who simply doesn’t believe that Congress is a coequal branch of government,” said Elliot Williams, who helped run the Justice Department’s legislative affairs office during the Obama administration. “That’s a huge departure from anything we’ve seen in our lifetimes.”
The broad legal effort escalated on Tuesday when the White House counsel sent a letter to House Democratic leaders dismissing Congress’s impeachment inquiry as “illegitimate” and stating that the entire executive branch would refuse to cooperate with it…
In his eight-page letter to Congress on Tuesday, White House counsel Pat A. Cipollone declared that “the President has a country to lead” and claimed that Congress’s attempts at oversight were overly partisan, lacked due process and ran afoul of constitutional principles. Echoing Trump, Cipollone made several political points in his letter, accusing Democrats of trying to overturn the results of the 2016 election….
Several legal scholars panned Cipollone’s letter as a political document with little legal relevance.
Michael J. Gerhardt, a University of North Carolina law professor, said the White House letter amounted to “a bunch of political talking points” with a “completely backwards” interpretation of the Constitution.
The Constitution gives the House the “sole power of impeachment” and does not prescribe how the process should unfold, said Gerhardt, author of “Impeachment: What Everyone Needs to Know.”
“The president doesn’t get to dictate to the House how it should do its job,” he said. “This is an attempt to flout the law and place the president above the law.”
Ilya Somin, a professor at Antonin Scalia Law School at George Mason University, joked in a Facebook post that the Trump administration’s legal reasoning made him wonder “whether the White House counsel was sick the day they taught law at law school.”
Somin also rejected the assertion from the White House that the inquiry violates “constitutionally mandated due process.” An impeachment inquiry, he said in an interview, is not a criminal trial.
“What’s at stake is losing a position of power,” Somin said. “None of the rights the White House demands” are required by the Constitution.
But Trump has long held an expansive view of executive power and has cited Article II of the Constitution, which defines the powers of the executive branch, as a catchall that gives him wide latitude.
“Article II allows me to do whatever I want,” Trump said in a June interview with ABC News.
Several federal judges have disagreed with the administration’s claim that the president is above the law.
A federal judge in New York this week called Trump’s claims of immunity “repugnant to the nation’s governmental structure and constitutional values.” The judge denied the president’s request to block the Manhattan district attorney from accessing Trump’s tax returns. “The Court cannot square a vision of presidential immunity that would place the President above the law with the text of the Constitution, the historical record, the relevant case law” or any other authority, wrote U.S. District Judge Victor Marrero.
In an earlier ruling in Washington, issued before the start of the House impeachment inquiry, U.S. District Judge Amit Mehta refused to stop a House subpoena for Trump’s accounting firm records.
“It is simply not fathomable,” the judge wrote, “that a Constitution that grants Congress the power to remove a President for reasons including criminal behavior would deny Congress the power to investigate him for unlawful conduct — past or present — even without formally opening an impeachment inquiry.”
Clearly, Trump has never read Article II of the Constitution, which does not allow him to do whatever he wants. His lawyer seems to think that Trump is just too darn busy running the country to be impeached, but the Constitution gives the House the sole power of impeachment, notwithstanding the president’s busy schedule (Trump’s schedule consists mainly of watching FOX News, tweeting, lunching with Mike Pence, and playing golf).
If the House votes to impeach, Trump will have the rights of due process at his Senate trial.
That is, if the Constitution means what it says.

Diane Trumps lawyers wrote that letter and signed off on it. We can throw one of Trump’s own rhetoricisms back at those lawyers–THEY KNOW IMPEACHMENT IS IN THE CONSTITUTION.
If they don’t, or if they are enabling Trump’s ignorance about it or, worse, if they have abandoned their own adherence to the Constitution, then they should be disbarred and have no business even having the title “LAWyer.” CBK
LikeLike
Best lime in that article: the law professor who said that Trump’s lawyer must have been out sick the day that they discussed law at law school
LikeLike
LOL.
LikeLike
The Repugnicans. who have given Don the Con, Vlad’s Asset Orange, a free pass despite his obvious subservience to Russia and long history of money laundering for Russian oligarchs, are now calling for suspension of all military aid (money, materials, and training) to Turkey, which is a predictable response to the slaughter of our Kurdish allies. And this, like the horrifying, unconscionable withdrawal of US troops from Kurdish-controlled Northern Syria, plays right into the hands of the Russians, who have long wanted the US out of Syria AND Turkey. These developments leave the area just where Russia wants it.
Add to this the US withdrawal from the INF and Open Skies treaties and Trump’s repeated statements to aides that the US should get out of NATO, and it’s clear that Asset Orange is PLAYING FOR THE OTHER TEAM. And equally clearly, an entire political party in the US is saying, no prob.
Treason is also cause for impeachment, isn’t it?
MAGA: Moscow’s Asset Governing America
LikeLike
The neo-cons are upset by Trump’s abandonment of the Kurds. Granting Erdogan a free hand to invade Syria in cooperation with the Russians has finally awakened Republicans. Constitutional issues of separation of powers and rule of law are apparently of little interest. As a result, we are burdened with an imperial presidency and an abrogation of international responsibilities.
LikeLiked by 1 person
Well said, Abigail! But I do think that it is more than neocons who are upset by the abandonment of the Kurds. These were our allies, and they are being slaughtered, right now, because of the withdrawal–men, women, children, slaughtered.
LikeLike
This is hardly the first time we’ve betrayed the Kurds. https://theintercept.com/2019/10/07/kurds-syria-turkey-trump-betrayal/
If they still trust us, well, “There’s an old saying in Tennessee — I know it’s in Texas, probably in Tennessee — that says, fool me once, shame on — shame on you. Fool me — you can’t get fooled again.”
LikeLike
Trump said we owe nothing to the Kurds because they were not with us when we stormed the beaches of Normandy in World War 2.
So what that they helped us defeat ISIS? That doesn’t count in his tiny mind.
LikeLike
Did he promise Putin to abandon the Kurds?
The day he announced his decision was Putin’s birthday!
Happy birthday, Vlad!
Besides, he owns a hotel in Istanbul.
Priorities!
LikeLike
“This is hardly the first time we’ve betrayed the Kurds.” True. And this country also betrayed African-Americans many times. And we betrayed Japanese-Americans. And we betrayed the European Jews in WW II.
I am confused about why that is a relevant statement here.
LikeLike
You sure are right, Bob.
Turning our backs on the Kurds is what Putin wants. The Kurds have been our allies FOREVER and now this. OMG.
LikeLike
A Fox News poll now gives a clear majority of Americans (55 percent) in favor of impeachment–51 percent in favor of impeachment and removal from office and, bizarrely, 4 percent in favor of impeachment and retention in office.
LikeLike
The 4% are probably more scared of Pence than Trump.
LikeLike
I’d love to see a deep and serious discussion of what kind of civics education would best prepare the American citizenry for this situation. Unfortunately here in CA, the social studies professional organizations seem mentally shackled by pet ideas and stale cliches –“make them active learners”, “have them think like historians”, “white supremacy is everywhere!” –rather than soberly assessing what we’re doing, whether it works, and what needs to be fixed. Where are the deep thinkers? Where are the true scholars of civics education?
LikeLike
The best way to start civics education is to read, study, and discuss the Constitution and the Federalist Papers.
The Founders made mistakes, and you can see by reading the Federalist Papers that they knew that their decisions were debatable.
It is best to do so in relation to real issues. There has never been a better time than now.
LikeLike
I agree with this.
One thing I also think –fuzzily at this point –is that a truly deep and effective civics education must also include robust learning about the alternatives to our system –i.e. the feudal order from which it gradually emerged and the dictatorships of the 20th C and today. It seems to me that only by contrast with these even worse forms of government can we build a sturdy allegiance to our warts-and-all republic. Such knowledge would deter those on the Right and Left from sliding into a tear-it-all down nihilism. A civics education without this study of alternative systems, it seems to me, is dangerously deficient.
LikeLike
I think ponderosa is correct.
An education that shows how democracy emerged, its problems, and how other kinds of governments work, and THEIR problems, by comparison, makes for a ground of critical understanding in the student.
It also matches the idea that democracy is not an ideology, but rather is an experiment; and children who can see for themselves ALL of the alternative forms of government are best able to choose-again to live in a democracy, and then to help make it thrive. CBK
LikeLike
Trump and his minions are pushing for the democratic experiment to fail. CBK
LikeLike
We are living through a genuine Constitutional crisis, one of epic proportions.
The president is openly sneering at Congress, claiming that he is above the law, openly asking foreign governments to interfere in our elections.
Trump is the nightmare whom the Founders feared most. One who would make deals with foreign nations to exchange our sovereignty to enhance his autocratic rule.
The thread that runs through the Federalist Papers is a fear of foreign intrigue.
LikeLike
Catherine,
It seems to me that civics is rarely conceive this broadly. It’s usually myopically focused on learning the mechanics of government and the value of participation (both important, but insufficient). But I may be wrong (I hope I am). What do you think?
I’m also concerned that the quality of instruction is often subpar and results in inadequate learning. If anything should be etched indelibly on the long-term memory, it seems to me, it’s the Constitution. This takes a dedicated effort.
I agree with Diane that this impeachment situation is a huge boon to civics teachers: the Constitution is on CNN 24/7 now!
LikeLike
ponderosa My supposition is that, IF students aren’t getting this essential aspect of their education, then one or all of three interrelated factors are operative:
(1) teachers who are also poorly educated in political philosophy and civics; (2) poor pedagogy that, as you seem to reference in your note, relates back to giving the fullest context of political activities and civics: in historical examples of how other kinds of governments actually have worked in history–what can be more riveting that showing how fascism works or assigning the many movies that engage us personally in the stories of those affected? (Fiddler on the Roof comes to mind, but there are so many others, and good documentaries, depending on the age group). But as you also suggest, what we used to call “current events”–what about what’s happening in China and Hong Kong?
(3) But here’s the clincher: a decades-long and concerted effort to rid schools of history, the arts, and the humanities–by those who hate democracy–groups and people who are often mentioned on this site and who also hate anything that cannot be put on a bubble-test, or doesn’t produce the mentality of a Bill Gates or a Trump; and that these kinds of subjects are not so easy to quantify or, again, to test for. Too-large classes don’t help either.
Underneath and at stake in the private-public debate is the CONTROL of the CURRICULUM and the erasure of political consciousness. #1 above is also a product of this #3.
If education doesn’t even HAVE classes in history or the arts and humanities, why would a person looking for a career in teaching K-12 focus on the study of those subjects, even if they loved them? CBK
LikeLike
I agree that Trump is pushing to be a dictator. Many of our fellow citizens seem blind to the red flags, and this is an indictment of our efforts at civics education, it seems to me.
LikeLike
ponderosa In spades. CBK
LikeLike
Pond: I really like your idea of looking broadly at the development of democratic principles from feudal traditions and at 20th century challenges. Broad ideas are important.
LikeLike
And, (drum roll please) Moscow Mitch is raising money vowing to stop impeachment.
In a new campaign video on Facebook, Senate Majority Mitch McConnell pitches himself as the man who can end the House’s impeachment inquiry, a sign of how the chief Republican in the chamber might handle an impeachment trial should the House pass articles charging President Donald Trump with crimes.
“Nancy Pelosi is in the clutches of a left-wing mob,” McConnell says directly to a camera. “They’ve finally convinced her to impeach the President. All of you know your Constitution. The way that impeachment stops is a Senate majority, with me as majority leader.”
“But I need your help,” he adds. “Please contribute before the deadline.”
https://www.cnn.com/2019/10/03/politics/mitch-mcconnell-impeachment/index.html
LikeLike
I’m not in Kentucky, but I hope his opponent is running some Moscow Mitch commercials about McConnell’s ties to kleptarchs.
LikeLike
Impeachment. What a way to treat Donald Trump, the Russian Ministry of Foreign Affairs Employee of the Month!!!
LikeLike
I think Turkey might argue that DT is working for them more than he is for Russia … at least right now.
LikeLike
The guy pulling the strings here is Putin.
LikeLike
It seems Putin is pulling everyone’s strings.
LikeLike
Rudy Guiliani, selling access to the President to mobsters: https://www.wsj.com/articles/two-foreign-born-men-who-helped-giuliani-on-ukraine-arrested-on-campaign-finance-charges-11570714188
LikeLike
Trump: “I don’t know these gentlemen.” And yet there is a picture of Trump with one of them at the White House and a picture of Don, Jr., with both of them having dinner together at a fundraiser, both in this story.
LikeLike
Mobster-like corruption at the highest level of our government
LikeLike
Another example of Guiliani access peddling: https://www.bloomberg.com/news/articles/2019-10-09/trump-urged-top-aide-to-help-giuliani-client-facing-doj-charges
LikeLike
We can read this in a Guardian article
. There’s no doubt in my mind that Trump, despite all his shortcomings, was the right person at the right time ordained by God. I truly believe that.
https://www.theguardian.com/us-news/2019/oct/11/donald-trump-impeachment-supporters-minneapolis-rally
Some (no, way too many) people are simply stuck in the middle ages, they want kings and God to tell them what’s right and what’s wrong.
I do not see the next election to be peaceful, but all hell may break loose if impeachment happens.
LikeLike
I didn’t know that God was a Republican!
LikeLike
Diane Yes, God is a Republican and a paid member of ALEC. And he hates immigrants and children, and wants us to hate them also. He is personified on this earth in people like Trump, Stephen Miller, Mitch McConnell, and Rudie J. Further, he loves foul-mouthed politicians who mimic the disabled, strong-arm foreign leaders, and use the powers and monies of the U. S. Government to line his personal and family pockets. What a guy.
On the good side, I heard Pat Robertson say that Trump had lost his divine mandate when he opened the door to Turkey’s encroachment on the Kurds and Christians. There is hope. CBK
LikeLike