Download the Endnotes

Opening Statement

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

Chapter 9

Chapter 10

Chapter 11

Chapter 12

Closing Argument

A Case for the American People Endnotes

6          He will not change: As Adam Schiff said on February 3, 2020, “he will not change”: Adam Schiff, U.S Congress, Senate, Trial of Donald J. Trump, President of the United States,116th Cong., 2nd sess., Congressional Record, (February 3, 2020): S788, https://www.congress.gov/116/crec/2020/01/23/CREC-2020-01-23-pt1-PgS513.pdf.

10        partnered with my Republican ethics counterpart: For additional details on my work with Painter and other ethics experts, see “Ethics Commitments by Executive Branch Personnel,” Project on Government Oversight (POGO), January 24, 2017, https://www.pogo.org/letter/2017/01/ethics-commitments-by-executive-branch-personnel-draft.

12        package of ethics proposals: Norman Eisen and Peter Schweizer, “The Swamp Is Deep, and Here Are Five Bipartisan Ways to Drain It,” Washington Post,
December 13, 2016, https://www.washingtonpost.com/opinions/the-swamp-is-deep-and-here-are-five-bipartisan-ways-to-drain-it/2016/12/13/720a747a-c096-11e6-897f-918837dae0ae_story.html.

13        Trump’s first press conference: “President-Elect Donald Trump
News Conference,” C-SPAN, January 11, 2019, https://www.c-span.org/video/?421482-1/president-elect-donald-trump-election-year-hacking-i-russia.

17        Shaub’s denunciation: Eric Lipton and Nicholas Fandos, “Departing Ethics Chief: U.S. Is ‘Close to a Laughingstock,” New York Times, July 17, 2017, https://www.nytimes.com/2017/07/17/us/politics/walter-shaub-ethics.html;
“Remarks of Walter M. Shaub, Jr., Director, U.S. Office of Government Ethics, as Prepared for Delivery at 4:00 p.m. on January 11, 2017, at the Brookings Institution,” The Brookings Institution, January 11, 2017, https://www.brookings.edu/wp-content/uploads/2017/01/20170111_oge_shaub_remarks.pdf.

18        denying apartments to black tenants: Michael Kranish and Robert O’Harrow Jr., “Inside the Government’s Racial Bias Case Against Donald Trump’s Company, and How He Fought It,” Washington Post, January 23, 2016, https://www.washingtonpost.com/politics/inside-the-governments-racial-bias-case-against-donald-trumps-company-and-how-he-fought-it/2016/01/23/fb90163e-bfbe-11e5-bcda-62a36b394160_story.html; Jonathan Mahler and Steve Eder, “’No Vacancies’ for Blacks: How Donald Trump Got His Start, and Was First Accused of Bias,” New York Times, August 27, 2016, https://www.nytimes.com/2016/08/28/us/politics/donald-trump-housing-race.html; Morris Kaplan, “Major Landlord Accused Of Antiblack Bias in City,” New York Times, October 16, 1973, https://www.nytimes.com/1973/10/16/archives/major-landlord-accused-of-antiblack-bias-in-city-us-accuses-major.html; Timothy L. O'Brien, TrumpNation: The Art of Being the Donald (New York: Warner Business Books, 2005), 68; Federal Bureau of Investigation, “Trump Management Company Part 01 of 08,” FBI Records: The Vault,https://vault.fbi.gov/trump-management-company/Trump%20Management%20Company%20Part%2001%20of%2008/view; United States v. Fred C. Trump, Donald Trump and Trump Management, Inc, Consent Order, SDNY, No. 73C 1529, June10, 1975.

23        Michael Flynn resigned: Maggie Haberman, Matthew Rosenberg, Matt Apuzzo, and Glenn Thrush, “Michael Flynn Resigns as National Security Adviser,” New York Times, February 13, 2017, https://www.nytimes.com/2017/02/13/us/politics/donald-trump-national-security-adviser-michael-flynn.html.

23        stepped away from: Michael S. Schmidt and Julie Hirschfeld Davis, “Trump Asked Sessions to Retain Control of Russia Inquiry After His Recusal,” New York Times, May 29, 2018, https://www.nytimes.com/2018/05/29/us/politics/trump-sessions-obstruction.html.

24        demanded Comey’s loyalty: Robert S. Mueller III, Report on the Investigation Into Russian Interference in the 2016 Presidential Election: Volume II of II (Washington, DC: U.S. Department of Justice, 2019), 33–34, 40.

26        Trump Tower in Russia: Carol D. Leonnig, Tom Hamburger, and Rosalind S Helderman, “Trump’s Business Sought Deal on a Trump Tower in Moscow While He Ran for President,” Washington Post, August 27, 2017, https://www.washingtonpost.com/politics/trumps-business-sought-deal-on-a-trump-tower-in-moscow-while-he-ran-for-president/2017/08/27/d6e95114-8b65-11e7-91d5-ab4e4bb76a3a_story.html.

26        Russian emissaries had visited: “Trump Tower Russia Meeting: At Least Eight People in the Room,” CNN, July 15, 2017, https://edition.cnn.com/2017/07/14/politics/donald-trump-jr-meeting/index.html.

26        Trump had instructed his White House counsel: Michael S. Schmidt and Maggie Haberman, “Trump Ordered Mueller Fired, but Backed Off When White House Counsel Threatened to Quit,” New York Times, January 25, 2018, https://www.nytimes.com/2018/01/25/us/politics/trump-mueller-special-counsel-russia.html.

26        series of convictions and indictments: “Special Counsel's Office,” United States Department of Justice, United States Government, n.d., https://www.justice.gov/sco; Andrew Prokop, “All of Robert Mueller’s Indictments and Plea Deals in the Russia Investigation,” Vox, December17, 2019, https://www.vox.com/policy-and-politics/2018/2/20/17031772/mueller-indictments-grand-jury.

31        Jerry Nadler, a constitutional scholar: Nicholas Fandos, “Jerrold Nadler: Impeachment Manager Will Tie Case to Constitution,” New York Times, January 15, 2020, https://www.nytimes.com/2020/01/15/us/politics/who-is-jerry-nadler.html.

36        navigated civil suits: Nick Penzenstadler and Susan Page, “Exclusive: Trump's 3,500 Lawsuits Unprecedented for a Presidential Nominee,” USA Today, October 23, 2017, https://www.usatoday.com/story/news/politics/elections/2016/06/01/donald-trump-lawsuits-legal-battles/84995854.

36        criminal investigations: Philip Bump, “A Quick Review of 40 Years of Investigations into Donald Trump and His Businesses,” Washington Post, October 21, 2016, https://www.washingtonpost.com/news/the-fix/wp/2016/10/31/a-quick-review-of-40-years-of-investigations-into-donald-trumps-businesses.

36        bankruptcies: For additional information about Trump’s six bankruptcies, see Michelle Lee, “Fact Check: Has Trump Declared Bankruptcy Four or Six Times?” Washington Post, September 26, 2016, https://www.washingtonpost.com/politics/2016/live-updates/general-election/real-time-fact-checking-and-analysis-of-the-first-presidential-debate/fact-check-has-trump-declared-bankruptcy-four-or-six-times.

37        arrogating powers to himself: David A. Graham, “The Strangest Thing About Trump’s Approach to Presidential Power,” Atlantic, June 7, 2018, https://www.theatlantic.com/politics/archive/2018/06/the-strangest-thing-about-trumps-approach-to-presidential-power/562271.

38        consistent interference in investigations: See, e.g., Michael S. Schmidt and Maggie Haberman, “Trump Ordered Mueller Fired, but Backed Off When White House Counsel Threatened to Quit,” New York Times, January 26, 2018, https://www.nytimes.com/2018/01/25/us/politics/trump-mueller-special-counsel-russia.html.

38        involvement in hush money payments: United States v. Michael Cohen, 18. Cr. 602, (U.S. District Court for the Southern District of New York December 07, 2018), https://www.documentcloud.org/documents/5453401-SDNY-Cohen-sentencing- memo.html; United States v. Michael Cohen, 18. Cr. 850, (U.S. District Court for the Southern District of New Yor), “The Special Counsel Charges,” https://www.justice.gov/file/1115596/download; United States v. Michael Cohen, 18. MAG. 2969, (U.S. District Court for the Southern District of New York July 19, 2019), “Application for a Search Warrant,” https://www.courthousenews.com/wp-content/uploads/2019/07/cohen-warrants.pdf. There is also a recording, released by Cohen, of a 2016 conversation with Trump in which they discussed Cohen’s plan to establish a company in order to finance the purchase of the rights to the Karen McDougal story from American Media, the publisher of the National Enquirer. In the recording, Trump is heard telling Cohen to “pay with cash.” See, e.g., Chris Cuomo, Kara Scannell, and Eli Watkins, “Exclusive: CNN Obtains Secret Trump-Cohen Tape,” CNN, July 25, 2018, https://www.cnn.com/2018/07/24/politics/michael-cohen-donald-trump-tape/index.html.

39        Jerry had a long history of volatility with Trump: Rachael Bade and Josh Dawsey, “Trump's Feud with Jerry Nadler Rooted in Decades-Old New York Real Estate Project,” Washington Post, April 8, 2019, https://www.washingtonpost.com/politics/ive-been-battling-nadler-for-years-feud-between-trump-democrat-rooted-in-decades-old-new-york-real-estate-project/2019/04/08/1c848f7e-57af-11e9-a047-748657a0a9d1_story.html.

44        totaling more than 80: For the full list of the 81 document request letters, see, e.g., “House Judiciary Committee Unveils Investigation into Threats Against the Rule of Law,” House Committee on the Judiciary, 2019, https://judiciary.house.gov/news/documentsingle.aspx?DocumentID=1502.

45        insinuating, accusatory missive: “Collins Raises Questions About Judiciary Committee Consultants,” House Committee on the Judiciary: Republicans, February 13, 2019, https://republicans-judiciary.house.gov/press-release/collins-raises-questions-about-judiciary-committee-consultants.

46        Monday, March 4: “House Judiciary Committee Unveils Investigation into Threats Against the Rule of Law,” House Committee on the Judiciary, March 4, 2019, https://judiciary.house.gov/news/documentsingle.aspx?DocumentID=1502.

53        “I’m not for impeachment”: Joe Heim, “Nancy Pelosi on Impeaching Trump: ‘He’s Just Not Worth It’,” Washington Post, March 11, 2019, https://www.washingtonpost.com/news/magazine/wp/2019/03/11/feature/nancy-pelosi-on-impeaching-president-trump-hes-just-not-worth-it.

54        one-page document: “Letter from Attorney General Barr to the House and Senate Judiciary Committees Regarding the Conclusion of the Special Counsel’s Investigation,” Department of Justice, March 22, 2019, https://www.justice.gov/ag/page/file/1147986/download.

55        We had demanded the entire report: “House Chairs Tell Barr They Expect Mueller Report to Be Made Public,” House Committee on the Judiciary, February 22, 2019, https://judiciary.house.gov/news/documentsingle.aspx?DocumentID=1312.

55        publicly defended so often: Norman Eisen and Fred Wertheimer, “In Bid to Impeach Rod Rosenstein, House Republicans Are Abusing Power to Protect Trump,” USA Today, July 19, 2019, https://www.usatoday.com/story/opinion/2018/07/19/republican-push-impeach-rod-rosenstein-all-donald-trump-column/797140002;
Norman Eisen and Fred Wertheimer, “Firing Rosenstein Would Cross a Red Line for the Rule of Law,” CNN, April 11,
2018, https://www.cnn.com/2018/04/11/opinions/firing-rosenstein-would-cross-red-line-wertheimer-eisen/index.html.

56        The summary letter arrived on Sunday: “Letter from Attorney General Barr to the House and Senate Judiciary Committees
Regarding the Special Counsel’s Report,” Department of Justice, March 24, 2019, https://www.justice.gov/ag/page/file/1147981/download.

57        orchestrated bogus statements: U.S. Congress, House of Representatives, Committee on Oversight and Reform, Hearing
with Michael Cohen, Former Attorney to President Donald Trump, (February
27, 2019), 13, https://docs.house.gov/meetings/GO/GO00/20190227/108969/HHRG-116-GO00-20190227-SD003.pdf; U.S. Congress, House of Representatives, Committee on Oversight and Reform, Michael
Cohen Exhibits, (February 27, 2019), https://oversight.house.gov/sites/democrats.oversight.house.gov/files/Michael%20Cohen.02.27.2019.Exhibits.pdf.

57        engaged in witness tampering: Barry H. Berke, Noah Bookbinder, and Norman L. Eisen, “Presidential Obstruction of
Justice: The Case of Donald J. Trump, Second Edition,” The Brookings Institution, August 22, 2018, https://www.brookings.edu/wp-content/uploads/2018/08/GS_82218_Obstruction_2nd-edition.pdf;
Sarah Grant, Sabrina McCubbin, Yishai Schwartz, and Benjamin Wittes, “Donald Trump, Paul Manafort and That Pesky Witness Tampering Statute,” Lawfare, August 23, 2018, https://www.lawfareblog.com/donald-trump-paul-manafort-and-pesky-witness-tampering-statute.

60        an odd, backtracking letter: “Letter from Attorney General Barr to the House and Senate Judiciary Committees,” Department of Justice, March 29, 2019, https://www.justice.gov/ag/page/file/1153021/download.

60        Mueller himself had written: “Robert Mueller’s Letter to Bill Barr,” March 27, 2019, https://assets.documentcloud.org/documents/5984410/Mueller-letter-to-Barr.pdf.

62        every qualifying element of criminal obstruction: Washington Post Staff, “Transcript of Robert S. Mueller III’s testimony before the House Judiciary Committee,” Washington Post,
July 24, 2019, https://www.washingtonpost.com/politics/transcript-of-robert-s-mueller-iiis-testimony-before-the-house-judiciary-committee/2019/07/24/7164abfe-ad96-11e9-a0c9-6d2d7818f3da_story.html. Representative Hakeem Jeffries identifies the three elements of obstruction of justice and identifies examples of Trump’s obstruction during Mueller’s testimony before the House Judiciary Committee. See, e.g., at 1:55:30, “WATCH: Mueller’s Full Testimony
Before the House Judiciary Committee,” PBS NewsHour, July 26, 2019,  https://www.pbs.org/newshour/politics/watch-muellers-full-testimony-before-the-house-judiciary-committee"https://www.pbs.org/newshour/politics/watch-muellers-full-testimony-before-the-house-judiciary-committee; Berke, Bookbinder, and Eisen, “Presidential Obstruction of Justice”; “House Judiciary
Committee Report on the Impeachment of Donald J. Trump,” House Committee on the Judiciary, December 16, 2019, https://rules.house.gov/sites/democrats.rules.house.gov/files/CRPT-116hrpt346.pdf; “The Trump-Ukraine Impeachment Inquiry Report,” U.S. House of Representatives Permanent Select Committee on
Intelligence, December 3, 2019, https://intelligence.house.gov/report;
David A. Graham, “The Most Revealing Exchange of the Mueller Hearing,” Atlantic, July 24, 2019, https://www.theatlantic.com/ideas/archive/2019/07/mueller-wont-say-it-but-trump-clearly-obstructed-justice/594634.

62        president told McGahn: Mueller, Report on the Investigation Volume II of II, 114.

63        The responsibility now falls to Congress: “Chairman Nadler Statement on Redacted Mueller Report,” House Committee on the Judiciary, April 18, 2019, https://judiciary.house.gov/news/documentsingle.aspx?DocumentID=345.

63        dueling “heat maps”: Quinta Jurecic, “Obstruction of Justice in the Mueller Report: A Heat Map,” Lawfare, April 21, 2019, https://www.lawfareblog.com/obstruction-justice-mueller-report-heat-map; Sean Illing, “Does the Mueller Report Exonerate Trump? I Asked 12 Legal Experts,” Vox, April 20, 2019, https://www.vox.com/2019/4/18/18484731/mueller-report-trump-barr-obstruction-legal-experts.

64        A number of members had already: Lindsey McPherson, “House Democrats Start Following Mueller’s Leads as They Investigate Trump,” Roll Call, April 22, 2019, https://www.rollcall.com/2019/04/22/house-democrats-start-following-muellers-leads-as-they-investigate-trump.

64        implicit impeachment referral: Mueller, Report on the Investigation Volume II of II, 1, fn. 2 and 4 (referencing the “relationship between impeachment and
criminal prosecution of a sitting president”).

66        hold Barr in contempt: “Contempt Notice for Barr 5.6.19,” House Committee on the Judiciary, May 6, 2019, https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/final%20barr%20contempt%20report%20barr%205.6.19.pdf.

67        echoing his proclamation: Sheryl Gay Stolberg and Nicholas Fandos, “Pelosi Declares Nation Is in a ‘Constitutional Crisis,’” New York Times, May 9, 2019, https://www.nytimes.com/2019/05/09/us/politics/pelosi-constitutional-crisis.html.

69        Mueller’s May 29 press conference: “Special Counsel Robert S. Mueller III Makes Statement on Investigation into Russian Interference in the 2016 Presidential
Election,” Department of Justice, May 29, 2019, https://www.justice.gov/opa/speech/special-counsel-robert-s-mueller-iii-makes-statement-investigation-russian-interference.

71        “fight all the subpoenas”: “Trump: 'We're Fighting All of the Subpoenas'," Washington Post, April 24, 2019, https://www.washingtonpost.com/video/politics/trump-were-fighting-all-of-the-subpoenas/2019/04/24/aed13859-e411-4686-9d1d-a535b8d958bd_video.html.

71        They threw every defense: “Memorandum
for Pat A. Cipollone, Counsel to the President,” Office of the Legal Counsel, Department of Justice, May 20, 2019, https://d3i6fh83elv35t.cloudfront.net/static/2019/05/McGahn_Opinion_5_20_19_FINAL_002_..01.pdf; Pat A. Cipollone, Letter to Honorable Jerold Nadler, Washington, DC: The White House, May 20, 2019, https://d3i6fh83elv35t.cloudfront.net/static/2019/05/PACLetterJN05.20.2019.pdf.

71        tossed out by a federal court: Committee on the Judiciary, United States House of Representatives v. Harriet Miers, et al, Civil Action No. 08-0409 (United States District Court for the District of Columbia, 2008), https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2008cv0409-49; Committee on the Judiciary, United States House of Representatives v. Donald F. McGahn II (United States District Court for the District of Columbia November 26, 2019), https://int.nyt.com/data/documenthelper/6516-jackson-ruling-in-mcgahn-subpo/92d4672db63b5cac498d/optimized/full.pdf#page=1;
United States, Petitioner, v. Richard M. Nixon, President of the United States, et al. (July 24, 1974), https://www.law.cornell.edu/supremecourt/text/418/683.

72        sitting across from Hicks: U.S Congress, House of Representatives, Committee on the Judiciary, Interview of Hope Hicks before the Committee on the Judiciary, (June 19th, 2019), https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/hju170550%20hicks%20interview.pdf.

73        securing testimony directly from Mueller: “Chairmen Nadler and Schiff Announce Special Counsel Mueller To Testify Pursuant to Subpoena,” House Committee on the Judiciary, June 25, 2019, https://judiciary.house.gov/news/documentsingle.aspx?DocumentID=2068.

75        not to testify beyond the four corners: “READ: Justice Department Letter to Mueller About His Testimony,” CNN, July 22, 2019, https://edition.cnn.com/2019/07/22/politics/doj-letter-to-robert-mueller/index.html.

79        This man had taken on: “New Strategy Against Transnational Crime,” Voice of America, August 14, 2011, https://editorials.voa.gov/a/new-strategy-against-transnational-crime--127760468/1482669.html; A Review of the FBI's Handling of
Intelligence Information Related to the September 11 Attacks, Office of the
Inspector General (2004), https://oig.justice.gov/special/s0606/chapter1.html.

79        His integrity has been hailed: Newt Gingrich (@newtgingrich), “Robert Mueller is superb choice to be special counsel. His reputation is impeccable for honesty and integrity. Media should now calm down,” Twitter, May 17, 2017, 8:17 p.m., https://twitter.com/newtgingrich/status/864998445244743684;
Jason Silverstein, “Bernie Sanders 'Very Concerned' Trump Will Fire Mueller, Set Off ‘Constitutional Crisis’ With Russia Pardons,” Newsweek, December 24, 2017, https://www.newsweek.com/bernie-sanders-concerned-trump-fire-mueller-constitutional-crisis-758302; “Obama Signs 2-Year Extension to Mueller's FBI Tenure,” CNN, July 27, 2011, https://edition.cnn.com/2011/POLITICS/07/26/obama.mueller.term/index.html.

80        a blind eye to the molestation of wrestlers: Norman Eisen and Fred Wertheimer, Letter to Doc Hastings and David Skaggs, “Request for Preliminary Ethics Inquiry Regarding Rep. Jim Jordan,” July 9,
2018, http://www.democracy21.org/wp-content/uploads/2018/07/Ethics-complaint-filed-with-OCE-regarding-Rep.-Jim-Jordan-7-9-18-p.pdf.

82        After some prepared remarks: Jerrold Nadler, U.S. Congress, House of Representatives, Committee on the Judiciary, Oversight of the Report on the Investigation Into Russian Interference in the 2016 Presidential Election: Former Special Counsel Robert S. Mueller, III, 116th Cong., 1st sess., (July 24, 2019), 5–7, https://www.govinfo.gov/content/pkg/CHRG-116hhrg38243/pdf/CHRG-116hhrg38243.pdf.

82        the chairman opened masterfully: Ibid., 456–458.

84        Matt Gaetz asked: Ibid., 534; “Mueller's Full Testimony Before House Judiciary Committee,” July 24, 2019, 1:49:32–1:53:37,
https://www.pbs.org/newshour/politics/watch-muellers-full-testimony-before-the-house-judiciary-committee.

84        Jim Jordan launched: Ibid., 530; User Clip: Jim Jordan: Robert Mueller Testifies Before House Judiciary Committee, C-SPAN, July 24, 2019, https://www.c-span.org/video/?c4819503/user-clip-jim-jordan.

85        Mueller recanted: Ibid., 550-551; User Clip: Mueller Amends Statement to Ted Lieu: Robert Mueller Testifies Before House Judiciary Committee, C-SPAN, July 24, 2019, https://www.c-span.org/video/?c4809718/user-clip-mueller-amends-statement-ted-lieu.

86        the press reaction: “David Axelrod and Claire McCaskill Aren't Thrilled with the Mueller Testimony: 'This Is Very, Very Painful',” The Week, July 24, 2019, https://theweek.com/speedreads/854678/david-axelrod-claire-mccaskill-arent-thrilled-mueller-testimony-painful.

87        The harshest critic: “Remarks by President Trump Before Marine One Departure,” White House, July 24, 2019, https://www.whitehouse.gov/briefings-statements/remarks-president-trump-marine-one-departure-54/trump-marine-one-departure-54.

88        Mueller had let Trump get away: Mueller, Report on the Investigation: Appendix, C-18.

90        debunked conspiracy theory: Sheryl Gay Stolberg, Maggie Haberman and Peter Baker, “Trump Was Repeatedly Warned That Ukraine Conspiracy Theory Was ‘Completely Debunked’,” New York Times, September 29, 2019, https://www.nytimes.com/2019/09/29/us/politics/tom-bossert-trump-ukraine.html.

92        refusing to give us: In re Application of the Committee on the Judiciary, U.S. House of Representatives, for an Order Authorizing the Release of Certain Grand Jury Materials, United States District Court for the District of Columbia, (No. 19-48, July 26, 2019), https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/3376_001.pdf.

92        block our access: Steven A. Engel, “Memorandum for Pat A. Cipollone, Counsel to the President, Re: Testimonial Immunity Before Congress of the Former Counsel to the President,” Department of Justice, May 20, 2019, https://gallery.mailchimp.com/c97630621baff8c44fe607661/files/d9dcef8f-0bf9-49d2-9c14-ea84355b01ef/McGahn_Opinion_5_20_19_FINAL_002_..01.pdf.

93        agreed language had been part: U.S. Congress, House of Representatives, Committee on the Judiciary, Resolution Recommending That the House of Representatives Finds William P. Barr, Attorney General, U.S. Department of Justice, In Contempt of Congress for Refusal to Comply with a Subpoena Duly Issued by the Committee on the Judiciary, 116th Cong., 1st sess., (June 6, 2019), https://www.congress.gov/congressional-report/116th-congress/house-report/105/1.

94        champion of dark campaign money: Jon Schwarz, “New ‘Dark Money’ Documentary Shines Light Into the Shadows Cast By the Super-Rich,” Intercept,
October 1, 2018, https://theintercept.com/2018/10/01/new-dark-money-documentary-shines-light-into-the-shadows-cast-by-the-super-rich;
Michael Beckel, “Federal Election Commissioner Donald McGahn Criticizes
‘Overreach’ of Campaign Finance Regulations,” OpenSecrets, March 21,
2011, https://www.opensecrets.org/news/2011/03/federal-election-commissioner-donald-mcgahn-criticizes-overreach.

94        so-called absolute immunity: Jonathan Shaub, “Testimonial Immunity, Executive Privilege and the President’s Authority Over Former Officials,” Lawfare, May 22, 2019, https://www.lawfareblog.com/testimonial-immunity-executive-privilege-and-presidents-authority-over-former-officials.

95        just 19% of America: Andrew Kohut, “From the Archives: How the Watergate Crisis Eroded Public Support for Richard Nixon,” Pew Research,
September 25, 2019, https://www.pewresearch.org/fact-tank/2019/09/25/how-the-watergate-crisis-eroded-public-support-for-richard-nixon.

96        dragged the back-and-forth
out: See, e.g., Jerrold Nadler to William P. Barr and Pat Cipollone, May
24, 2019, https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/5.24.2019%20letter%20to%20ag%20barr%20and%20mr.%20cipollone_0.pdf; Stephen E. Boyd to Jerrold Nadler, June 4, 2019, https://int.nyt.com/data/documenthelper/1065-doj-barr-contempt-/c925bb60eaa28300a3db/optimized/full.pdf#page=1l; Jerrold Nadler to William P. Barr, June 4, 2019, https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/6.4.2019%20letter%20to%20ag%20barr%20from%20chairman%20nadler.pdf.

96        writing the entire caucus: Nancy Pelosi, “Dear Colleague on House Democrats’ Leadership to Combat Gun Violence and Further Action to Legislate, Investigate and Litigate,” Office of the Speaker of the House Nancy
Pelosi, August 7, 2019, https://www.speaker.gov/newsroom/8719.

97        “This is formal impeachment proceedings”: Erin Burnett, Interview with Jerry Nadler, Erin Burnett Out Front, CNN, August 8, 2019, https://www.cnn.com/videos/politics/2019/08/08/jerry-nadler-trump-impeachment-inquiry-ebof-vpx.cnn.

99        He had confirmed in essence: Benjamin Wittes, “Five Things I Learned From the Mueller Report,” Atlantic, April 29, 2019, https://www.theatlantic.com/ideas/archive/2019/04/ben-wittes-five-conclusions-mueller-report/588259.

104      investigating the president’s lawyer: “Three House Committees Launch Wide-Ranging Investigation into Trump-Giuliani Ukraine Scheme,” U.S. House of Representatives Permanent Select Committee on Intelligence, September 9, 2019, https://intelligence.house.gov/news/documentsingle.aspx?DocumentID=685.

104      unflattering exposé: Kenneth P. Vogel, “Rudy Giuliani Cancels His Trip to Ukraine, Blaming Democrats’ ‘Spin,’” New York Times, May 11, 2019, https://www.nytimes.com/2019/05/11/us/politics/rudy-giuliani-ukraine.html.

104      Biden had been advocating: Sean Collins, “The Facts Behind Trump’s Bogus Accusations About Biden and Ukraine,” Vox,
September 23, 2019, https://www.vox.com/policy-and-politics/2019/9/23/20879611/joe-biden-hunter-biden-ukraine-corruption-prosecutor-burisma-donald-trump-whistleblower-complaint.

104      the paper reported: Kenneth P. Vogel and Andrew E. Kramer, “Giuliani Renews Push for Ukraine to Investigate Trump’s Political Opponents,” New York Times, August 21, 2019, https://www.nytimes.com/2019/08/21/us/politics/giuliani-ukraine.html.

105      press report at the end of August: Caitlin Emma and Connor O’Brien, “Trump Holds Up Ukraine Military Aid Meant to Confront Russia,” Politico, August 28, 2019, https://www.politico.com/story/2019/08/28/trump-ukraine-military-aid-russia-1689531.

108      notorious reputation: Karen Tumulty, “Who is Corey Lewandowski? His Rise – and His Relationship with Donald Trump,” Washington Post, March 30, 2016, https://www.washingtonpost.com/politics/trump-and-lewandowski-an-unlikely-pair-of-kindred-spirits/2016/03/30/d82a58ca-f511-11e5-8b23-538270a1ca31_story.html.

108      Washington Post editorial: Editorial Board, “Trump Tries to Force Ukraine to Meddle in the 2020 Election,” Washington Post, September 5, 2019, https://www.washingtonpost.com/opinions/global-opinions/is-trump-strong-arming-ukraines-new-president-for-political-gain/2019/09/05/4eb239b0-cffa-11e9-8c1c-7c8ee785b855_story.html.

112      the White House released a statement: Pat A. Cipollone to Jerrold Nadler, September 16, 2019, House Committee on the Judiciary, https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/nadler2.9.16.2019%20whletter%20on%20rick%20dearborn%20and%20rob%20porter.pdf.

112      the right to limit Lewandowski’s testimony: Ibid.

112      Lewandowski kicked off the hearing: “Corey Lewandowski Testimony Before House Judiciary Committee,” C-SPAN­, September 19, 2019, https://www.c-span.org/video/?464369-1/corey-lewandowski-i-obligation-honest-media.

114      later published by The New York Times: Photograph by
Doug Mills featured in the article by Nicholas Fandos, “This Picture Tells You Everything You Need to Know About Impeachment,” New York Times, September 18, 2019, https://www.nytimes.com/2019/09/18/us/politics/impeachment-democrats-nadler-lewandowski.html.

115      As news clips appeared: “User Clip: The Barry Berke Questioning of Corey Lewandowski: Corey Lewandowski Testimony Before House Judiciary Committee,” C-SPAN­, September 17, 2019, https://www.c-span.org/video/?c4817224/user-clip-barry-berke-questioning-corey-lewandowski-september-17-2019. See 0:50 for the Fox News interview about Lewandowski’s misrepresentation about self-incrimination, 3:58 for the Meet the Press interview, 7:07 for Lewandowski’s interview on The Beat with Ari, MSNBC, and 15:15 for a second Fox News interview.

116      exposing what Slate would call: Dahlia Lithwick, “Corey Lewandowski’s Self-Immolation,” Slate, September 18, 2019, https://slate.com/news-and-politics/2019/09/corey-lewandowski-impeachment-hearing-lies-disaster.html.

119      The Post had just reported: Greg Miller, Ellen Nakashima and Shane Harris, “Trump’s Communications With Foreign Leader are Part of Whistleblower Complaint That Spurred Standoff Between Spy Chief and Congress, Former Officials Say,” Washington Post, September 18, 2019, https://www.washingtonpost.com/national-security/trumps-communications-with-foreign-leader-are-part-of-whistleblower-complaint-that-spurred-standoff-between-spy-chief-and-congress-former-officials-say/2019/09/18/df651aa2-da60-11e9-bfb1-849887369476_story.html.

119      the administration was refusing: Devlin Barrett and Matt Zapotsky, “Trump Administration Again Pushes Limits of Authority in Shielding Whistleblower Complaint from Congress,” Washington Post, September 23, 2019, https://www.washingtonpost.com/national-security/trump-administration-again-pushes-limits-of-authority-in-shielding-whistleblower-complaint-from-congress/2019/09/23/734603ee-de35-11e9-8dc8-498eabc129a0_story.html.

120      the Post confirmed: Ellen Nakashima, Shane Harris, Greg Miller and Carol D. Leonnig, “Whistleblower Complaint About President Trump Involves Ukraine, According to Two People Familiar with the Matter,” Washington Post, September 19, 2019, https://www.washingtonpost.com/national-security/whistleblower-complaint-about-president-trump-involves-ukraine-according-to-two-people-familiar-with-the-matter/2019/09/19/07e33f0a-daf6-11e9-bfb1-849887369476_story.html.

120      the ICIG wanted: “House Intelligence Committee Releases Letter from Intelligence Community Inspector General,” U.S. House of Representatives Permanent Select Committee on Intelligence, September 19, 2019, https://intelligence.house.gov/news/documentsingle.aspx?DocumentID=699.

121      40 percent of Americans: JM Rieger, Kate Rabinowitz, Chris Alcantara, Kevin Uhrmacher, “Why Now? The Moments That Moved Pelosi and House Democrats Toward Impeachment.,” Washington Post, September 27, 2019, https://www.washingtonpost.com/politics/2019/09/25/why-now-moments-that-moved-pelosi-house-democrats-toward-impeachment.

121      The law mandates that complaints: 50 U.S. Code § 3033, https://www.law.cornell.edu/uscode/text/50/3033.

121      the scope and scale of obscurantism: Jonathan Shaub, “Obstruction of Congress, Impeachment and Constitutional Conflict,” Lawfare, January 10, 2020, https://www.lawfareblog.com/obstruction-congress-impeachment-and-constitutional-conflict; Russell Berman, “Trump’s Biggest Impeachment Mistake,” Atlantic, December 3, 2019, https://www.theatlantic.com/politics/archive/2019/12/impeachment-report-trump-obstruct/602938.

122      Blanket denial: “President Trump Ordered Hold on Military Aid Before Phone Call With Ukrainian President,” CBS News,
September 24, 2019, https://www.cbsnews.com/video/president-trump-ordered-hold-on-military-aid-before-phone-call-with-ukrainian-president.

122      Attack those who reported: Katie Rogers, “Trump Calls Reports That He Pressured Ukraine’s President a ‘Witch Hunt,’” New York Times, September 21, 2019, https://www.nytimes.com/2019/09/22/us/politics/trump-impeachment-whistle-blower.html.

122      Slowly admit what happened: On September 24, 2019 Trump admitted that he withheld military assistance from Ukraine but claimed that his motivation for doing so was unrelated to Biden and that he never sent Giuliani to Ukraine. Trump eventually admitted that he sent Giuliani to Ukraine to find dirt on his political opponents. Betsy Klein, “Trump Admits He Delayed Ukraine Aid but Claims it was Unrelated to Biden,” CNN, September 24, 2019, https://www.cnn.com/2019/09/24/politics/donald-trump-ukraine-aid/index.html; Marshall Cohen, “Trump Contradicts Past Denials, Admits Sending Giuliani to Ukraine,” CNN, February 14, 2020, https://www.cnn.com/2020/02/13/politics/trump-rudy-giuliani-ukraine-interview/index.html.

122      Test rationalizations: Philip Bump, “We’re Watching Trump’s Distortion of Reality on Ukraine in Real Time,” Washington Post, October 14, 2019, https://www.washingtonpost.com/politics/2019/10/14/were-watching-trumps-distortion-reality-ukraine-real-time.

122      Fully embrace the wrongdoing: Donald J. Trump (@realDonaldTrump), “The call to the Ukrainian President was PERFECT. Read the Transcript. There was NOTHING said that was in any way wrong. Republicans, don’t be led into the fools trap of saying it was not perfect, but is not impeachable. No, it is much stronger than that. NOTHING WAS DONE WRONG!” Twitter, November 10, 2019, 11:43 a.m., https://twitter.com/realDonaldTrump/status/1193615188311912449.

122      derided the whistleblower: Brian Naylor, “Trump: Reports of Alleged Improper Conversation With Foreign Leader Are ‘Ridiculous’,” NPR, September 20, 2019, https://www.npr.org/2019/09/20/762723457/trump-reports-ridiculous-about-alleged-improper-foreign-leader-conversation.

123      The four chairs issued: “President’s Attacks on Intelligence Community Whistleblower Threaten National Security and Accountability,” House Committee on Oversight and Reform, September 20, 2019, https://oversight.house.gov/news/press-releases/president-s-attacks-on-intelligence-community-whistleblower-threaten-national.

125      This had never happened: Deanna Paul, “The Whistleblower Complaint Has Congress and Trump at an Impasse. Here’s What the Law Says,” Washington Post, September 22, 2019, https://www.washingtonpost.com/politics/2019/09/22/whistleblower-complaint-has-congress-trump-an-impasse-heres-what-law-says.

126      as Hamilton had put it: Alexander Hamilton, “The Federalist Papers: No. 65,” New York Packet, March 7, 1788, https://avalon.law.yale.edu/18th_century/fed65.asp.

126      Pelosi sent a “Dear Colleague” letter: Nancy Pelosi, “Dear Colleague to All Members on Whistleblower Complaint,” Office of Speaker of the House Nancy Pelosi, September 22, 2019, https://www.speaker.gov/newsroom/92219.

126      Schiff made it even more explicit: “Interview with Rep. Adam Schiff (D-CA); Interview with U.S. Treasury Secretary Steven Mnuchin. Aired 9-10a ET,” CNN, September 22, 2019, http://transcripts.cnn.com/TRANSCRIPTS/1909/22/sotu.01.html.

127      a clear and powerful piece: Gil Cisneros, Jason Crow, Chrissy Houlahan, Elaine Luria, Mikie Sherrill, Elissa Slotkin and Abigail Spanberger, “Seven Freshman Democrats: These Allegations Are a Threat to All We Have Sworn to Protect,” Washington Post, September 23, 2019, https://www.washingtonpost.com/opinions/2019/09/24/seven-freshman-democrats-these-allegations-are-threat-all-we-have-sworn-protect.

128      After our discussion, Kristol tweeted: Bill Kristol (@BillKristol), “I’ve mentioned a possible select committee on Trump-Ukraine. But I’m now advised by people who know the Hill well that this could mean complexity and delay. If so, let House Judiciary handle the inquiry (with help from other committees). A fair, fast, and focused inquiry is key,” Twitter, September 24, 2019, 7:45 a.m., https://twitter.com/BillKristol/status/1176507835578015744.

128      Alexandria Ocasio-Cortez, at Amy’s urging: Alexandria Ocasio-Cortez (@AOC), “Yes, this is an emergency. We don’t have the luxury of time w/ another committee. Judiciary has been investigating& putting the pieces together for months. Impeachment belongs there. We must honor jurisdiction, historical precedent,& work done + allow Judiciary to move forward.” Twitter, September 24, 2019, 8:37 a.m., https://twitter.com/aoc/status/1176521080779026433.

130      The Times captured a photograph: Photograph by Erin Schaff to accompany the article by Nicholas Fandos, “Nancy Pelosi Announces Formal Impeachment Inquiry of Trump,” New York Times, September 24, 2019, https://www.nytimes.com/2019/09/24/us/politics/democrats-impeachment-trump.html.

131      Speaker Pelosi returned: “Pelosi Remarks Announcing House of Representatives Moving Forward with Articles of Impeachment,” Office of Speaker of the House Nancy Pelosi, December 5, 2019, https://www.speaker.gov/newsroom/12519-0.

132      the White House released: “Telephone Conversation with President Zelenskyy of Ukraine,” White House, July 25, 2019,
https://www.whitehouse.gov/wp-content/uploads/2019/09/Unclassified09.2019.pdf.

133      the whistleblower complaint: Letter to the Honorable Richard Burr and the Honorable Adam Schiff, Permanent Select Committee on Intelligence, August 12, 2019, https://intelligence.house.gov/uploadedfiles/20190812__whistleblower_complaint_unclass.pdf.

133      In his opening statement, Chairman Schiff: Adam Schiff, U.S. Congress, House of Representatives, Permanent Select Committee on Intelligence, Full Committee Hearing: Whistleblower Disclosure, 116th Cong., 1st sess., (September 26, 2019), 2-6, https://docs.house.gov/meetings/IG/IG00/20190926/110027/HHRG-116-IG00-Transcript-20190926.pdf.

133      Trump, in response: Donald Trump (@realDonaldTrump), “Rep. Adam Schiff illegally made up a FAKE & terrible statement, pretended it to be mine as the most important part of my call to the Ukrainian President, and read it aloud to Congress and the American people. It bore NO relationship to what I said on the call. Arrest for Treason?” Twitter, September 30, 2019, 5:12 a.m., https://twitter.com/realDonaldTrump/status/1178643854737772545.

137      Taylor had sent a text: “The Trump-Ukraine Impeachment Inquiry Report,” U.S. House of Representatives Permanent Select Committee on Intelligence, December 3, 2019, https://intelligence.house.gov/report.

137      Quid: $391 million: John Haltiwanger and Sonam Sheth, “Trump Confirms He Withheld Military Aid from Ukraine Before Pressing Zelensky to Probe Biden,” Business Insider, September 24, 2019, https://www.businessinsider.com/trump-confirms-withheld-military-aid-from-ukraine-before-phone-call-2019-9.

137      White House meeting that was: Natalie Gryvnyak and Robyn Dixon, “Why Ukraine’s Zelensky Remains So Focused on Getting a White House Meeting,” Washington Post, January 29, 2019, https://www.washingtonpost.com/world/europe/why-ukraines-zelensky-remains-so-focused-on-getting-a-white-house-meeting/2020/01/29/ef1efdfa-41e9-11ea-99c7-1dfd4241a2fe_story.html.

141      We had worked together: Richard W. Painter, Laurence H. Tribe, Norman L. Eisen and Joshua Matz, “Emoluments: Trump’s Coming Ethics Trouble,” Atlantic, January 18, 2017, https://www.theatlantic.com/politics/archive/2017/01/trumps-ethics-train-wreck/513446.

141      definitive book on impeachment: Laurence H. Tribe and Joshua Matz, To End a Presidency (New York: Basic Books, 2018).

142      typical Trumpian efforts: Michael R. Pompeo to Eliot L. Engel, October 1, 2019, https://games-cdn.washingtonpost.com/notes/prod/default/documents/a516c696-4d03-47f5-a8db-af11fa23ac02/note/c3f9c706-4e67-4a33-bc97-fd5687546349.pdf#page=1.

142      His testimony, and the texts: U.S. Congress, House of Representatives, Permanent Select Committee on Intelligence joint with the Committee on Oversight and Reform and the Committee on Foreign Affairs, Interview of: Kurt Volker, 116th Cong., 1st sess., October 3,
2019, https://docs.house.gov/meetings/IG/IG00/CPRT-116-IG00-D007.pdf.

143      she honored it promptly on October 11: U.S. Congress, House of Representatives, Permanent Select Committee on Intelligence joint with the Committee on Oversight and Reform and the Committee on Foreign Affairs, Marie “Masha” Yovanovitch, 116th Cong., 1st sess., October 11, 2019, https://docs.house.gov/meetings/IG/IG00/CPRT-116-IG00-D003.pdf.

143      Fifteen more: “Read for Yourself: President Trump’s Abuse of Power,” House Select Committee on Intelligence, https://intelligence.house.gov/defendourdemocracy/#vindmanhill.

145      showed up despite: Toluse Olorunnipa, “White House Unleashes Attacks on its Own Employee During Impeachment Testimony,” Washington Post, November 19, 2019, https://www.washingtonpost.com/politics/white-house-unleashes-attacks-on-its-own-employee-during-impeachment-testimony/2019/11/19/997ce6e0-0b03-11ea-97ac-a7ccc8dd1ebc_story.html; Anya van Wagtendonk, “Trump’s Latest Attempt to Block Impeachment Inquiry Testimonies Faces a Key Court Battle,” Vox,
October 26, 2019, https://www.vox.com/policy-and-politics/2019/10/26/20933547/trump-impeachment-inquiry-testimonies-constitutional-immunity.

145      Adam Schiff would later quote: Schiff, Trial of Donald J. Trump, President of the United States, 116th Cong., 2nd sess., Congressional Record, (January 24, 2020): S564, https://www.congress.gov/116/crec/2020/01/24/CREC-2020-01-24-pt1-PgS531-2.pdf.

147      arcane body of authorities: Miranda Bryant, “Getting Medieval: Impeachment’s Roots Go Back to 14th-Century England,” Guardian, October 3, 2019, https://www.theguardian.com/law/2019/oct/03/impeachment-roots-medieval-14th-century-england.

147      the eventual two-hundred-page: U.S. Congress, House of Representatives, Committee on the Judiciary, Impeachment of Donald J. Trump President of the United States: Report (to Accompany H. Res. 755), 116th Cong., 1st sess., December 2019, https://docs.house.gov/billsthisweek/20191216/CRPT-116hrpt346.pdf.

148      “Federal judge rules”: In re Application of the Committee on the Judiciary, U.S. House of Representatives, for an Order Authorizing the Release of Certain Grand Jury Materials, United States District Court for the District of Columbia, (No. 19-48, October 25, 2019), https://int.nyt.com/data/documenthelper/2328-howell-ruling-on-mueller-grand/18a7d1524758e425ad31/optimized/full.pdf#page=1.

149      Kyle Cheney of Politico: Kyle Cheney (@kyledcheney), “Judiciary Committee lawyers Barry Berke and Norm Eisen (Nadler is behind them) make their way down to the SCIF. Won’t say what for.” Twitter, October 29, 2019, 10:16 a.m., https://twitter.com/kyledcheney/status/1189229488040808448.

149      help finalize the legislative package: U.S. Congress, House of Representatives, Committee on the Judiciary, Impeachment Inquiry Procedures in the Committee on the Judiciary Pursuant to H. Res. 660, 116th Cong., 1st sess., 2019, https://rules.house.gov/sites/democrats.rules.house.gov/files/ImpeachmentInquiryProceduresJudiciary.pdf.

149      many others had refused: Christina Wilkie, “Intel Chairman Adam Schiff: Trump Aides’ Refusal to Testify Adds to Potential Impeachment Evidence,” CNBC, November 4, 2019, https://www.cnbc.com/2019/11/04/four-trump-officials-refuse-to-testify-monday-in-impeachment-inquiry.html.

150      not produced a single document: Frank O. Bowman III, “Trump’s Defense Against Subpoenas Makes No Legal Sense,” Atlantic, January 28, 2020, https://www.theatlantic.com/ideas/archive/2020/01/trumps-defense-against-subpoenas/605635.

150      On a break from his deposition: U.S. Congress, Permanent Select Committee on Intelligence, Deposition of: Lieutenant Colonel Alexander S. Vindman, 2019, https://docs.house.gov/meetings/IG/IG00/CPRT-116-IG00-D011.pdf.

151      The procedural bill was introduced: U.S. Congress, House of Representatives, Directing certain committees to continue their ongoing investigations as part of the existing House of Representatives inquiry into whether sufficient grounds exist for the House of Representatives to exercise its Constitutional power to impeach Donald John Trump, President of the United States of America, and for other purposes, HR660, 116th Cong., 1st sess., introduced in House October 29, 2019, https://www.congress.gov/bill/116th-congress/house-resolution/660.

151      public testimony launched on Wednesday: U.S. Congress, Permanent Select Committee on Intelligence, Deposition of: William B. Taylor, October 22, 2019, https://docs.house.gov/meetings/IG/IG00/CPRT-116-IG00-D008.pdf;
ibid., George Kent, October 15, 2019,
https://docs.house.gov/meetings/IG/IG00/CPRT-116-IG00-D009.pdf.

152      Giuliani first needed to remove: Rudy Giuliani (@RudyGiuliani), “Yovanovitch needed to be removed for many reasons most critical she was denying visas to Ukrainians who wanted to come to US and explain Dem corruption in Ukraine. She was OBSTRUCTING JUSTICE and that’s not the only thing she was doing. She at minimum enabled Ukrainian collusion.” Twitter, December 17, 2019, 4:07 a.m., https://twitter.com/RudyGiuliani/status/1206908888320221186.

152     scheme to succeed: U.S Congress, Senate, Trial of Donald J. Trump, President of the United States, 116th Cong., 2nd sess., Congressional Record, (February 3, 2020): S774, https://www.congress.gov/116/crec/2020/02/03/CREC-2020-02-03-pt1-PgS773-2.pdf.

153      the two sham investigations: Ibid., S776.

153      Trump ordered a lower-level delegation: U.S. Congress, House of Representatives, Permanent Select Committee on Intelligence, The Trump-Ukraine Impeachment Inquiry Report, December 3, 2019, 17, https://intelligence.house.gov/uploadedfiles/the_trump-ukraine_impeachment_inquiry_report.pdf.

153      Sondland relayed his corrupt message: Ibid.; U.S. Congress, House of Representatives, Excerpts from Joint Deposition: Gordon Sondland United States Ambassador to the European Union, October 17, 2019, fn.
2, https://www.vox.com/2019/11/22/20977280/impeachment-gordon-sondland-testimony-trump.

154     obstruction of any investigation: Trial of Donald J. Trump, Congressional Record, (February 3, 2020): S 776.

154      NBC lamenting in its headline: Jonathan Allen, “Plenty of Substance but Little Drama on First Day of Impeachment Hearings,” NBC News, November 13, 2019, https://www.nbcnews.com/politics/trump-impeachment-inquiry/plenty-substance-little-drama-first-day-impeachment-hearings-n1081926.

154      my friend and former Brookings colleague Fiona Hill: U.S. Congress, Permanent Select Committee on Intelligence, Deposition of: Fiona
Hill, October 14, 2019, https://docs.house.gov/meetings/IG/IG00/CPRT-116-IG00-D010.pdf.

154      She testified alongside David Holmes: Ibid., David A. Holmes,
November 15, 2019, https://judiciary.house.gov/uploadedfiles/2019-11-15_transcript_of_holmes_deposition.pdf.

156      “If they don’t treat you right”: Trump criticized Governor Jay Inslee of Washington and Governor Gretchen Whitmer of Michigan during a Coronavirus Task Force briefing, demanding that they be more “appreciative” of Trump. See, e.g., “Remarks by President Trump, Vice President Pence, and Members of the Coronavirus Task Force in Press Briefing,” The White House, March 28, 2020, https://www.whitehouse.gov/briefings-statements/remarks-president-trump-vice-president-pence-members-coronavirus-task-force-press-briefing-13.

156      expert witness Professor Pamela Karlan: U.S. Congress, House of Representatives, Committee on the Judiciary, Opening Statement of Professor Pamela S. Karlan, 116th Cong., 1st sess., December 2,
2019, https://docs.house.gov/meetings/JU/JU00/20191204/110281/HHRG-116-JU00-Wstate-KarlanP-20191204.pdf.

160      the Intelligence Committee report: U.S. Congress, Permanent Select Committee on Intelligence, The Trump–Ukraine Impeachment Inquiry, 2019.

162      Nadler began by recognizing himself: Jerrold Nadler, U.S.
Congress, House of Representatives, Committee on the Judiciary, The Impeachment Inquiry into President Donald J. Trump: Constitutional Grounds for Presidential Impeachment, 116th Cong., 1st sess., December 4, 2019, 2, https://www.govinfo.gov/content/pkg/CDOC-116hdoc95/pdf/CDOC-116hdoc95-vol8.pdf.

163      I asked the experts: My questions to the expert witnesses can be found starting on page 110: ibid., Norman Eisen, 110.

164      Professor Gerhardt delivered: Ibid., Michael Gerhardt, 118.

164      Turley, the opportunity: Jonathan Turley, “Adam Schiff’s Capacious Definition of Bribery Was Tried in 1787,” Wall Street Journal, November 28, 2019, https://www.wsj.com/articles/adam-schiffs-capacious-definition-of-bribery-was-tried-in-1787-11574966979164.

164      dramatic form by Professor Feldman: Noah Feldman, The
Impeachment Inquiry, December 4, 2019, 122.

166      “Dems Exhale as They Dodge”: Kyle Cheney and Andrew Desiderio, “Dems Exhale as They Dodge Impeachment Debacle,” Politico, December 14, 2019, https://www.politico.com/news/2019/12/04/democrats-impeachment-hearing-075620.

167      the House would be drafting impeachment articles: “Pelosi Remarks Announcing House of Representatives Moving Forward with Articles of Impeachment,” Office of the Speaker of the House Nancy Pelosi, December 5, 2019, https://www.speaker.gov/newsroom/12519-0.

169      In November, Nadler had cordially written: Jerrold Nadler to Donald J. Trump, November 26, 2019, https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/2019-11-26%20jn%20ltr%20to%20white%20house.pdf;
Jerrold Nadler to Donald J. Trump, November 29, 2019, https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/2019-11-29%20jn%20ltr%20to%20wh.pdf?utm_campaign=218-519.

169      The White House had replied: Pat Cipollone to Jerrold Nadler, December 1, 2019, https://context-cdn.washingtonpost.com/notes/prod/default/documents/744b1783-9f15-49e9-9754-6be037b77df9/note/dd132a0e-553d-409b-abf2-0ac3a5ee2dcf.pdf#page=1.

169      Trump took Jerry’s olive branch and pummeled him: Donald Trump (@realDonaldTrump), “The Do Nothing Democrats had a historically bad day yesterday in the House. They have no Impeachment case and are demeaning our Country. But nothing matters to them, they have gone crazy. Therefore I say, if you are going to impeach me, do it now, fast, so we can have a fair....” Twitter, December 5, 2019, 5:01 a.m., https://twitter.com/realDonaldTrump/status/1202573673049272320.

169      The president’s formal answer followed: Pat A. Cipollone to Jerrold Nadler, December 6, 2019, https://www.whitehouse.gov/wp-content/uploads/2019/12/PACLetter2019.06.12.pdf.

173      And Judiciary would discuss in our report: See U.S. Congress, House of Representatives, Committee on the Judiciary, Impeachment of Donald J. Trump President of the United States: Report (to Accompany H. Res. 755) , 116th Cong., 1st sess., December 2019, 117, https://docs.house.gov/billsthisweek/20191216/CRPT-116hrpt346.pdf.

174      The chair and members would examine: U.S. Congress, House of Representatives, Committee on the Judiciary, The Impeachment Inquiry Into President Donald J. Trump: Presentations From the House Permanent Select Committee on Intelligence and House Judiciary Committee, 116th Cong., 1 sess., December 9, 2019, https://judiciary.house.gov/uploadedfiles/december_9_2019_hearing_transcript.pdf.

180      the Speaker, Nadler, Schiff, and the rest: “Transcript of Speaker Pelosi, Committee Chairs Announcing Articles of Impeachment,” Office of the Speaker of the House Nancy Pelsoi, December 10, 2019, https://www.speaker.gov/newsroom/121019-0.

180      the two articles: U.S. Congress, House of Representatives, Articles of Impeachment Against Donald John Trump, HR755, 116th Cong., 1st sess., introduced in House December 10, 2019, https://www.congress.gov/116/bills/hres755/BILLS-116hres755enr.pdf.

180      her face lit up:  for her ultimate remarks, see U.S. Congress, House of Representatives, Committee on the Judiciary, Markup of: H. Res. 755, Articles of Impeachment Against President Donald J. Trump Volume I, 116th Cong., 1st sess., December 11-13, 2019, 49, https://judiciary.house.gov/uploadedfiles/december_11_2019_markup_transcript.pdf.

181      “I am the youngest of seven children”: Ibid., Val Demings, 43.

181      the weight of impeachment: Ibid., 52.

181      Lucy McBath, of Georgia: Ibid., Lucy McBath, 56.

181      saying she wanted to fight for an America: Nicholas Wu, Christal Hayes, and Bart Jansen, “Emotional Late-Night Impeachment Hearing Gives Way to Voting on Thursday,” USA Today, https://www.news-press.com/story/news/politics/2019/12/11/trump-impeachment-house-judiciary-begin-debate-articles/4389415002.

181      Zoe Lofgren focused on her history: Zoe Lofgren, Articles of
Impeachment Against President Donald J. Trump, December 11-13, 2019, 8.

182      the debate on the articles: House Judiciary, “H. Res. 755, Articles of Impeachment Against Donald J. Trump,” streamed live on December 12, 2019, YouTube video, 11:54:59, https://www.youtube.com/watch?v=xClqjTYR3MI.

185      First Article I and then Article II: U.S. Congress, Articles of Impeachment Against President Donald J. Trump, December 11-13, 2019, 453.

186      In the Clinton case, the record ran: Miscellaneous Senate Publications Related to Impeachment of William Jefferson Clinton, n.d., https://www.govinfo.gov/content/pkg/GPO-MISCSPUB/html/GPO-MISCSPUB.html.

187      Mitch McConnell, who had declared: Michael D. Shear, “Trump Diatribe Belittles Impeachment as ‘Attempted Coup’ on Eve of Votes,” New York Times, January 16, 2020, https://www.nytimes.com/2019/12/17/us/politics/trump-impeachment.html.

187      the only House conservative: Glenn Thrush, “Breaking With Party, G.O.P. Lawmaker Says Trump’s Conduct Reaches ‘Threshold of Impeachment,’” New York Times, May 18, 2019, https://www.nytimes.com/2019/05/18/us/politics/trump-justin-amash-impeachment.html.

187      now identifying as an independent: Justin Amash, “Our Politics is in a Partisan Death Spiral. That’s Why I’m Leaving the GOP,” Washington Post, July 4, 2019, https://www.washingtonpost.com/opinions/justin-amash-our-politics-is-in-a-partisan-death-spiral-thats-why-im-leaving-the-gop/2019/07/04/afbe0480-9e3d-11e9-b27f-ed2942f73d70_story.html.

188      298-page impeachment report: U.S. Congress, House of Representatives, Committee on the Judiciary, The Trump-Ukraine Impeachment Inquiry Report, 116th Cong., 1st sess., December 2019, https://judiciary.house.gov/uploadedfiles/report_investigative_committees_investigative_committees_report_on_the_trump_ukraine_impeachment_inquiry_december_2019.pdf

188      The younger staff were impressed: One of our staff assistants, the tireless Anthony Valdez, was so amazed at my fear-induced sprint that he actually took a photograph to provide proof, capturing me in mid-stride.

188      sent Pelosi a deranged, six-page screed: Donald J. Trump, Letter to The Honorable Nancy Pelosi, December 17, 2019, https://www.whitehouse.gov/wp-content/uploads/2019/12/Letter-from-President-Trump-final.pdf.

190  is impeached for high crimes and misdemeanors: U.S. Congress, House of Representatives, H. Res. 755 - Impeaching Donald John Trump, President of the United States, for High Crimes and Misdemeanors, 116th Congress, 2nd sess., https://www.congress.gov/bill/116th-congress/house-resolution/755/all-actions?overview=closed&q=%7B%22roll-call-vote%22%3A%22all%22%7D.

190      Adorned with a gold brooch: Office of the Historian, “Furniture, History, Art & Archives,” United States House of Representatives, https://history.house.gov/Exhibitions-and-Publications/Capitol/1951-Present/Furniture.

190      He gave us no choice:  Nancy Pelosi, 116th Cong., 1st sess., Congressional Record (December 18, 2019): H12131, https://judiciary.house.gov/uploadedfiles/2019-12-18_-_debate_h._res._755.pdf.

191      it is a matter for the voters: Doug Collins, ibid., H12134.

191      impeachment is no less a part: “Politifact: Donald Trump Says Impeachment Is a Coup,” NBC South Florida, November 25, 2019, https://www.nbcmiami.com/news/local/politifact-donald-trump-says-impeachment-is-a-coup/2125966.

192      Four facts that will never change: Jim Jordan, Congressional Record (December 18, 2019): H12184.

192      Mulvaney’s October Press Conference: “White House Press Briefings,” White House Press Briefings, October 17, 2019, https://www.whitehouse.gov/briefings-statements/press-briefing-acting-chief-staff-mick-mulvaney.

193      Brooks-Sumner affair: Senate Historical Office, “The Caning of Senator Charles Sumner,” United States Senate, n.d., https://www.senate.gov/artandhistory/history/minute/The_Caning_of_Senator_Charles_Sumner.htm.

194      Barry Loudermilk had thundered: Barry Loudermilk, Congressional Record 166 (December 18, 2019): H12151.

194      Clay Higgins declaimed: Ibid., Clay Higgins, H12141.

194      Hakeem Jeffries had the same concerns: Ibid., Hakeem Jeffries, H12140.

195      “then nothing is impeachable”: Ibid., Schiff, H12164.

195      “‘I need you to do us a favor, though’”: Ibid., Tom Malinowski, H12173.

195      emphasizing John Locke’s adage: Ibid., Steny Hoyer, H12190.

196      “What is at risk here”: Ibid., Schiff, 11H12193.

197      the vote on Article I: U.S. Congress, House of Representatives, H. Res. 755 - Impeaching Donald John Trump, 116th Cong., 1st sess., https://www.congress.gov/bill/116th-congress/house-resolution/755/all-actions?overview=closed&q=%7B%22roll-call-vote%22%3A%22all%22%7D.

198      “We cannot name managers”: “Transcript of Speaker Pelosi, Committee Chairs Press Availability Following Passage of Articles of Impeachment,” Nancy Pelosi, Speaker of the House, December 18,
2019, https://www.speaker.gov/newsroom/121919.

198      penning an op-ed: Laurence H. Tribe, “Don’t Let Mitch McConnell Conduct a Potemkin Impeachment Trial,” Washington Post, December 16, 2019, https://www.washingtonpost.com/opinions/dont-let-mitch-mcconnell-conduct-a-potemkin-impeachment-trial/2019/12/16/71a81b30-202f-11ea-a153-dce4b94e4249_story.html.

201      “Fine with me!”: Adam Edelman, Allan Smith, Frank Thorp V, “McConnell Declares ‘Impasse’ in Talks with Democrats Over Trump Trial in Senate,” December 19, 2019, https://www.nbcnews.com/politics/trump-impeachment-inquiry/mcconnell-says-pelosi-too-afraid-send-impeachment-articles-senate-n1104856.

201      “an incredibly dumb”: Lindsey Graham (@LindseyGrahamSC), “Nancy Pelosi’s threat to refuse to transmit the Articles of Impeachment to the Senate for disposition is an incredibly dumb and dangerous idea. There is a reason one person can’t be Speaker of the House and Senate Majority Leader at the same time!” Twitter, December 19, 2020, 9:34
a.m., https://twitter.com/LindseyGrahamSC/status/1207670421308477441.

202      “The Do Nothings”: Donald Trump (@realDonaldTrump), “Pelosi feels her phony impeachment HOAX is so pathetic she is afraid to present it to the Senate, which can set a date and put this whole SCAM into default if they refuse to show up! The Do Nothings are so bad for our Country!” Twitter, December 19, 2019, 11:07 a.m., https://twitter.com/realDonaldTrump/status/1207694073634705414.

204      just ninety-one minutes: R. Jeffery Smith, “Trump Administration Officials Worried Ukraine Aid Halt Violated Spending Law,” Center for Public Integrity, http://publicintegrity.org/national-security/trump-administration-officials-worried-ukraine-aid-halt-violated-spending-law.

204      how involved Mick Mulvaney was: Eric Lipton, Maggie Haberman, Mark Mazzetti, “Behind the Ukraine Aid Freeze: 84 Days of Conflict and Confusion,” The New York Times, December 29th, 2019, https://www.nytimes.com/2019/12/29/us/politics/trump-ukraine-military-aid.html.

204      warnings from the Pentagon: Kate Brannen, “Exclusive: Unredacted Ukraine Documents Reveal Extent of Pentagon’s Legal Concerns,” Just Security, January 2, 2020, https://www.justsecurity.org/67863/exclusive-unredacted-ukraine-documents-reveal-extent-of-pentagons-legal-concerns.

204      efforts to smear Ambassador Yovanovitch: Bill Chappel, “Lev Parnas Steps Back From Texts Alleging Surveillance Of U.S. Ambassador In Ukraine,” NPR, January 15, 2020, https://www.npr.org/2020/01/15/796593183/new-lev-parnas-documents-suggest-u-s-ambassador-was-under-surveillance-in-ukrain.

204 both new and relevant: Vandana Rambaram, “Bolton Lawyer Teases Knowledge About Ukraine Not Yet Made Public in Letter to Congress,” Fox News, November 8, 2019, https://www.foxnews.com/politics/bolton-involved-in-meetings-not-known-to-impeachment-investigators-lawyer-says.

205 celebrate the delay strategy: “Transcript of House Impeachment Managers Announcement,” Office of the Speaker of the House Nancy Pelosi, January 15, 2020, https://www.speaker.gov/newsroom/11520-0.

207      "he will remain a threat to the Constitution”: Congressional Record, December 18th, 2019, H1231.

208      “there were no rights for the President”: Patrick Philbin, 116th Cong., 2nd sess., Congressional Record (January 21st, 2020): S 415, https://www.govinfo.gov/content/pkg/CREC-2020-01-21/pdf/CREC-2020-01-21-senate.pdf.

208      a man recognized for his integrity: Garrett M. Graff, “What Trump Needs to Know About Bob Mueller and Jim Comey,” Politico, May 18, 2017, https://www.politico.com/magazine/story/2017/05/18/james-comey-trump-special-prosecutor-robert-mueller-fbi-215154.

209      “the New York Yankees”: George Conway (@gtconway3d), “If there’s any unfairness in these proceedings, it’s the astounding mismatch between the high skill and preparation of the House managers and the rambling, dissembling, and gaslighting of @realDonaldTrump ’s counsel.  It’s like the New York Yankees versus the Bad News Bears.” Twitter, January 21, 2020, 4:07 p.m., https://twitter.com/gtconway3d/status/1219728264379486213.

210      Trump’s full rights: “Impeachment Inquiry Procedures in the Committee on the Judiciary Pursuant to H. Res. 660,” House Committee on Rules, September 12, 2019,  https://rules.house.gov/sites/democrats.rules.house.gov/files/ImpeachmentInquiryProceduresJudiciary.pdf.

210      the same guarantees: Abby Vesoulis, “Richard Nixon and Bill Clinton Also Pushed Back on Impeachment Investigations. But Trump Is Taking It a Step Further,” Time, November 19, 2019, https://time.com/5732352/trump-impeachment-clinton-nixon.

210      One of the great orators: Susan Milligan, “A Complete Schiff Show,” U.S. News & World Report, January 24, 2020, https://www.usnews.com/news/the-report/articles/2020-01-24/adam-schiffs-show-impeachment-performance-draws-praise.

211      if only the Senate asked: Andrew Desiderio and Kyle Cheney, “Bolton Curveball Threatens to Upend Impeachment Trial,” Politico,
January 6, 2020, https://www.politico.com/news/2020/01/06/john-bolton-willing-to-testify-in-trumps-impeachment-trial-094757.

212      “the Senate will be complicit”: Jerrold Nadler, Congressional Record (January 21st, 2020): S423.

212      “a vote against the United States”: Ibid., S426.

213      “Call balls and strikes”: “Roberts: 'My Job is to Call Balls and Strikes and Not to Pitch or Bat,’” CNN, September 12,
2005, https://www.cnn.com/2005/POLITICS/09/12/roberts.statement.

213      “the world’s greatest deliberative body”: John Roberts, Congressional Record (January 21st, 2020): S428.

214       “truly thank you”: Nadler, Congressional Record (January 22, 2020): S457.

214      Sondland’s and Taylor’s testimony: Ibid., Val Demings, S467; Ibid., Schiff, S478-479.

214      Mulvaney’s shocking admission: Ibid., Schiff, S480.

214      Fiona Hill’s riveting: Nadler, Congressional Record (January 21, 2020): S458.

215      “if they can show the courage”: Schiff, Congressional Record (January 22, 2020): S485.

217      “Trump had committed an impeachable”: Nadler, Congressional Record (January 23, 2020): S490.

219      “an empathetic attentiveness”: Ibid., Barry C. Black, S487.

220      “you don’t need a technical crime”: Ibid., Alan Dershowitz, S490.

220      “Doesn’t even have to be a crime”: While in the recording of the Clinton impeachment, Lindsey Graham appears to say exactly this, in the transcript of the Trump trial it reads “doesn’t have to be a crime,” without the “even.” Senate Impeachment Trial, Day 4, Abuse of Power Opening Arguments, C-SPAN, 2020, https://www.c-span.org/video/?468376-1/senate-impeachment-trial-day-4, 48:26; 116th Cong., 2nd sess., Lindsey Graham, Congressional Record 166 (January 23, 2020): S492, https://www.congress.gov/116/crec/2020/01/23/CREC-2020-01-23.pdf.

222      “I wouldn’t say that it’s reciprocal”: Ibid., S527.

222      “A lot”: Ibid., Schiff, S529

223      Otherwise, we are lost: Ibid.

224      “your head will be on a pike”: Schiff, Congressional Record (January 24, 2020): S565, https://www.govinfo.gov/content/pkg/CREC-2020-01-24/pdf/CREC-2020-01-24-senate.pdf.

224      had become six: Michael Purpura, 116th Cong., 2nd sess., Congressional Record (January 25, 2020): S568, https://www.govinfo.gov/content/pkg/CREC-2020-01-25/pdf/CREC-2020-01-25-senate.pdf.

226      including the Bidens: Maggie Haberman and Michael S. Schmidt, “Trump Tied Ukraine Aid to Inquiries He Sought, Bolton Book Says,” New York Times, January 26, 2020, https://www.nytimes.com/2020/01/26/us/politics/trump-bolton-book-ukraine.html.

226      not a single witness: Purpura, Congressional Record (January 25, 2020): S569.

226      sixteen out of sixteen: Eric Litke, “Witnesses Have Been Part of ‘Every Other Impeachment Trial the Senate Has Ever Had,” PolitiFact, January 21, 2020, https://www.politifact.com/factchecks/2020/jan/21/tammy-baldwin/Trump-every-other-senate-impeachment-had-witnesses.

227      “the age of impeachment”: Ken Starr, 116th Cong., 2nd sess., Congressional Record (January 27, 2020): S580, https://www.govinfo.gov/content/pkg/CREC-2020-01-27/pdf/CREC-2020-01-27-senate.pdf.

228      you had to have a statutory crime: Alan Dershowitz, Congressional Record (January 27, 2020): S610.

230      “McConnell Tells Senators”: Erica Werner, Seung Min Kim, and Rachael Bade, “McConnell Tells Senators He Doesn’t Yet Have Votes to Block Witnesses in Trump Impeachment Trial,” Washington Post, January 28, 2020, https://www.washingtonpost.com/politics/mcconnell-tells-senators-he-doesnt-have-votes-to-block-witnesses-in-trump-impeachment-trial/2020/01/28/52caa426-41e0-11ea-b5fc-eefa848cde99_story.html.

235      according to the rules: Frank Bowman, “The Role of the Chief Justice in an Impeachment Trial,” SCOTUSblog, January 10, 2020,
https://www.scotusblog.com/2020/01/the-role-of-the-chief-justice-in-an-impeachment-trial.

236      “more than one motive”: Susan Collins, Lisa Murkowski, and Mitt Romney, 116th Cong., 2nd sess., Congressional Record (January 29, 2020): S645, https://www.govinfo.gov/content/pkg/CREC-2020-01-29/pdf/CREC-2020-01-29-senate.pdf.

237      critiqued his policies: Jessica Taylor, “Tennessee Sen. Lamar Alexander, A Bipartisan Dealmaker, Will Retire In 2020,” NPR, December 17, 2018, https://www.npr.org/2018/12/17/677430387/tennessee-sen-lamar-alexander-a-bipartisan-dealmaker-will-retire-in-2020.

238      “the kind of quid pro quo”: Dershowitz, Congressional Record (January 29, 2020): S650.

238      “an investigation of Mitt Romney”: Ibid., Schiff, S651.

239      “the most ridiculous thing”: Jacqueline Alemany, “Power Up: Alan Dershowitz's Brazen Legal Arguments in Senate Impeachment Trial Have Legal Scholars and Former Colleagues Shaking Their Heads,” Washington Post, January 30, 2020, https://www.washingtonpost.com/news/powerpost/paloma/powerup/2020/01/30/powerup-alan-dershowitz-s-brazen-legal-arguments-in-senate-impeachment-trial-have-legal-scholars-and-former-friends-shaking-their-heads/5e32062288e0fa6ea99d75ad.

239      “frankly would unleash a monster”: Ann E. Marimow, “A President ‘Is Not Above the Law,’ Trump Lawyer Asserts in Batting Back Criticism of His Impeachment Defense,” Washington
Post, January 30, 2020, https://www.washingtonpost.com/local/legal-issues/a-president-is-not-above-the-law-trump-lawyer-asserts-in-batting-back-criticism-of-his-impeachment-defense/2020/01/30/7b9b06ce-438f-11ea-b5fc-eefa848cde99_story.html.

239      difficulties in rebooking: Kaitlan Collins (@kaitlancollins), “Dershowitz said he had a family obligation but it was difficult to change flights because the Super Bowl is in Miami Sunday night.” Twitter, January 30, 2020, 7:02 p.m., https://twitter.com/kaitlancollins/status/1223033709617713152.

239      “did he explain the reason”: Mitt Romney, 116th Cong., 2nd
sess., Congressional Record (January 29, 2020): S681, https://www.govinfo.gov/content/pkg/CREC-2020-01-29/pdf/CREC-2020-01-29-senate.pdf.

241      provide important documents: Kara Scannell, “Giuliani Associate Lev Parnas Turns Over Thousands of Pages of Documents to Impeachment Investigators,” CNN, January 13, 2020, https://www.cnn.com/2020/01/13/politics/lev-parnas-house-documents/index.html.

241      access to the Senate galleries: Tal Axelrod, “Lawyer Says Parnas Can't Attend Senate Trial Due to Ankle Bracelet,” The Hill, January
28, 2020, https://thehill.com/homenews/senate/480423-parnas-unable-to-attend-senate-impeachment-trial-due-to-ankle-bracelet.

241      75 percent: “January 28, 2020 - 75% Of Voters Say Allow Witnesses In Senate Impeachment Trial, Quinnipiac University National Poll Finds; 53% Say President Trump Not Telling Truth About Ukraine,” Quinnipiac University Poll, January 28, 2020, https://www.cnn.com/2020/01/29/politics/impeachment-trial-witnesses/index.html.

242      tweeted it: Andrew Desiderio, Burgess Everett, and Kyle Cheney, “John Roberts Refuses Rand Paul's Whistleblower Question,” Politico,
January 30, 2020, https://www.politico.com/news/2020/01/30/john-roberts-rand-paul-whistleblower-109527.

242      “how bipartisan was the vote”: Lamar Alexander, Steve Daines, and Ted Cruz, 116th Cong., 2nd sess., Congressional Record (January 30, 2020): S720, https://www.govinfo.gov/content/pkg/CREC-2020-01-30/pdf/CREC-2020-01-30-senate.pdf.

243      take a week for depositions: Ibid., S710.

244      slandering his opponent: Ibid., Nadler, S705.

245      “actions that are inappropriate”: Lamar Alexander, “Alexander Statement on Impeachment Witness Vote,” Chairman’s Newsroom, U.S. Senate Committee on Health, Education, Labor & Pensions, January 30, 2020, https://www.help.senate.gov/chair/newsroom/press/alexander-statement-on-impeachment-witness-vote.

247      “meet a standard of impeachment”: Marco Rubio, “My Statement on the President’s Impeachment Trial,” Medium, January 31, 2020, https://medium.com/@SenatorMarcoRubio/my-statement-on-the-presidents-impeachment-trial-9669e82ccb43.

247      Trump had established the quid pro quo: Maggie Haberman and Michael S. Schmidt, “Trump Told Bolton to Help His Ukraine Pressure Campaign, Book Says,” New York Times, January 31, 2020, https://www.nytimes.com/2020/01/31/us/politics/trump-bolton-ukraine.html.

247      denying the conversation: Donald J. Trump(@realDonaldTrump), “I NEVER told John Bolton that the aid to Ukraine was tied to investigations into Democrats, including the Bidens. In fact, he never complained about this at the time of his very public termination. If John Bolton said this, it was only to sell a book. With that being said, the...” Twitter, January 27, 2020, 12:18 a.m., https://twitter.com/realDonaldTrump/status/1221663763138588672.

249      “we set the example”: Schiff, 116th Cong., 2nd sess., Congressional Record (January 31, 2020): S761, https://www.govinfo.gov/content/pkg/CREC-2020-01-31/pdf/CREC-2020-01-31-senate.pdf.

249      his caucus could not agree: Alexander Bolton, “Behind the Scenes of McConnell's Impeachment Drama,” The Hill,
February 1, 2020, https://thehill.com/homenews/senate/481029-behind-the-scenes-of-the-closing-impeachment-drama.

250      censuring the president: Joseph Manchin, Congressional Record (February 3, 2020): S796.

251      he would not have broken a tie: Roberts, (January 31, 2020): S767.

251      postponed until Wednesday:Ibid.

252      a majority of the American people: “Poll: Majority Approves of Trump’s Impeachment,” Politico, December 20, 2019, https://www.politico.com/news/2019/12/20/poll-trump-impeachment-088812.

253      “Our imagination is the only limit”: “Live Analysis of Counsel Presentations in House Judiciary Impeachment Investigation,” New
York Times, December 18, 2019, https://www.nytimes.com/interactive/2019/12/09/us/politics/trump-impeachment-hearings.html.

253      only under Senate subpoena: Justine Coleman, “Schiff: Bolton 'Refused' to Submit Affidavit on Trump's Involvement in Ukraine Controversy,” The Hill, February 5, 2020, https://thehill.com/homenews/house/481775-schiff-bolton-refused-to-submit-affidavit-on-trumps-involvement-in-ukraine.

254      “for wise, moderate”: Jason Crow, Congressional Record, (February 3, 2020): S773.

254      “When will it be one too many?” Ibid., S774.

254      “to obstruct Congress”: Ibid., Demings, S774, .

255      “as clear as they are dire”: Ibid., Jeffries, S776.

255      from fentanyl to farm bills: Ibid., Sekulow, S784.

256      “We all know that he will do it again”: Ibid., Sylvia Garcia, S786.

256      “walk by faith”: Ibid., Demings, S787.

257      “The short, plain, sad”: Ibid., Schiff, S788.

258      “decency matters not at all”: Ibid., S790.

259      “Speaker Pelosi’s extended hand”: “WATCH: Trump Does Not Shake Hands With Pelosi Before State of the Union,” PBS News, February 4, 2020, https://www.pbs.org/newshour/politics/watch-trump-does-not-shake-hands-with-pelosi-before-state-of-the-union.

259      saluted him in his remarks: “Remarks by President Trump in State of the Union Address,” White House, February 4, 2020, https://www.whitehouse.gov/briefings-statements/remarks-president-trump-state-union-address-3.

259      stream of falsehoods: “Fact-Checking Trump’s 2020 State of the Union Address and the Democratic Response,” New York Times, February 4, 2020, https://www.nytimes.com/live/2020/fact-check-state-of-the-union-02-04.

260      “It was whether you were honest and decent”: Christopher Murphy, 116th Cong., 2nd sess., Congressional Record (February 5, 2020): S790, https://www.govinfo.gov/content/pkg/CREC-2020-02-05/pdf/CREC-2020-02-05-senate.pdf.

263      “that distinction is enough for any citizen”: Ibid., Romney, S898.

265      “not guilty”: U.S Congress, Senate, Trial of Donald J. Trump, President of the United States, Congressional Record, February 5, 2020, https://www.congress.gov/congressional-record/2020/02/05/senate-section/article/S936-2.

265      Jones was coming up for reelection: James Varney, “Doug Jones Faces Uphill Battle for Reelection in Alabama,” Washington
Times, July 21, 2019, https://www.washingtontimes.com/news/2019/jul/21/doug-jones-faces-uphill-battle-for-reelection-in-a.

265      The final vote was 52–48: Trial of Donald J. Trump, Congressional Record, February 5, 2020.

265      The second article failed along party lines: Ibid.

265      we had no right to court relief: Committee on the Judiciary of the United States House of Representatives V. Donald F McGahn, II, United
States Court of Appeals for the District of Columbia, (No. 19-5331 February 28, 2020), https://www.cadc.uscourts.gov/internet/opinions.nsf/29F7900862BA6CD68525851C00784758/$file/19-5331-1831001.pdf.

268      “they aren’t taking this seriously enough”: Chris Murphy (@ChristMurphyCT), “Just left the Administration briefing on Coronavirus. Bottom line: they aren't taking this seriously enough. Notably, no request for ANY emergency funding, which is a big mistake. Local
health systems need supplies, training, screening staff etc. And they need it
now,” Twitter, February 5, 2020, 10:09 a.m., https://twitter.com/ChrisMurphyCT/status/1225073987639705600.

269      He offered to personally carry: Rebecca Ballhaus and Stephanie Armour, “Health Chief’s Early Missteps Set Back Coronavirus Response,” Wall Street Journal, April 22, 2020, https://www.wsj.com/articles/health-chiefs-early-missteps-set-back-coronavirus-response-11587570514.

269      he endeavored to personally call: John McCormack, “The Senator Who Saw the Coronavirus Coming,” National Review, March 31, 2020,  https://www.nationalreview.com/2020/03/the-senator-who-saw-the-coronavirus-coming.

269      “it miraculously goes away”: Katelyn Burns, “Trump’s Daily Intelligence Brief Reportedly Warned of the Coronavirus as Far Back as January,” Vox, April 28, 2020, https://www.vox.com/policy-and-politics/2020/4/28/21239663/coronavirus-presidential-daily-intelligence-briefing.

269      “the Coronavirus is very much under control”: Donald J. Trump (@realDonaldTrump), “The Coronavirus is very much under control in the USA. We are in contact with everyone and all relevant countries. CDC & World Health have been working hard and very smart. Stock Market starting to look very good to me!” Twitter, February 24, 2020, 4:42 p.m., https://twitter.com/realDonaldTrump/status/1232058127740174339.

269      “this is their new hoax”:  Brett Samuels, “Trump Hits Democrats Over Coronavirus Criticism: 'This is Their New Hoax',” The Hill, February 28, 2020, https://thehill.com/homenews/campaign/485245-trump-hits-democrats-over-coronavirus-criticism-this-is-their-new-hoax.

270      “this conduct is not America first”: Nadler, Congressional Record (January 23, 2020): S488.

270      “take as many as 500,000 lives”: Ed Pilkington and Martin Pengelly, “Trump was Warned in January of Covid-19's Devastating Impact, Memos Reveal,” Guardian, April 7, 2020, https://www.theguardian.com/world/2020/apr/07/donald-trump-coronavirus-memos-warning-peter-navarro.

271      “If they don’t treat you right, I don’t call”: “Remarks by President Trump, Vice President Pence, and Members of the Coronavirus Task Force in Press Briefing,” White House, March 28, 2020, https://www.whitehouse.gov/briefings-statements/remarks-president-trump-vice-president-pence-members-coronavirus-task-force-press-briefing-13.

271      “it’s a two-way street”: “Remarks by President Trump, Vice President Pence, and Members of the Coronavirus Task Force in a Fox News Virtual Town Hall,” White House, March 24, 2020, https://www.whitehouse.gov/briefings-statements/remarks-president-trump-vice-president-pence-members-coronavirus-task-force-fox-news-virtual-town-hall.

271      “Mutiny On The Bounty was one”: Donald J. Trump (@realDonaldTrump), “Tell the Democrat Governors that “Mutiny On The Bounty” was one of my all time favorite movies. A good old fashioned mutiny every now and then is an exciting and invigorating thing to watch, especially when the mutineers need so much from the Captain. Too easy!” Twitter, April 1, 10:57 a.m., https://twitter.com/realDonaldTrump/status/1250075668282576898.

271      “Maybe the Democrats should have”: “Remarks by President Trump on Protecting America’s Seniors,” White House,
April 30, 2020, https://www.whitehouse.gov/briefings-statements/remarks-president-trump-protecting-americas-seniors.

272      “This president sees no limit on his power”: Nadler, Congressional Record (January 23, 2020): S488.

272      “Anybody that wants a test can get a test”: “Remarks by President Trump After Tour of the Centers for Disease Control and Prevention,” White House, March 7, 2020, https://www.whitehouse.gov/briefings-statements/remarks-president-trump-tour-centers-disease-control-prevention-atlanta-ga.

272      “We started off with bad, broken tests”: “Remarks by President Trump in a Meeting with Governor Murphy of New Jersey,” White House, April 30, 2020, https://www.whitehouse.gov/briefings-statements/remarks-president-trump-meeting-governor-murphy-new-jersey.

273      barred Dr. Anthony Fauci: Erica Werner and Mike Debonis, “White House Blocks Fauci From Testifying Before House Panel Next Week,” Washington Post, May 1, 2020, https://www.washingtonpost.com/us-policy/2020/05/01/congress-fauci-coronavirus.

273      Trump ousted a spate of them: Charlie Savage and Peter Baker “Trump Ousts Pandemic Spending Watchdog Known for Independence,” New York Times, April 7, 2020, https://www.nytimes.com/2020/04/07/us/politics/trump-coronavirus-watchdog-glenn-fine.html; Lisa Rein, “Trump Replaces HHS Watchdog Who Found ‘Severe Shortages’ At Hospitals Combating Coronavirus,” Washington Post, May 2, 2020, https://www.washingtonpost.com/politics/trump-replaces-hhs-watchdog-who-found-severe-shortages-at-hospitals-combating-coronavirus/2020/05/02/6e274372-8c87-11ea-ac8a-fe9b8088e101_story.html.

274      post-impeachment retribution: Peter Baker, Maggie Haberman, Danny Hakim, and Michael S. Schmidt, “Trump Fires Impeachment Witnesses Gordon Sondland and Alexander Vindman in Post-Acquittal Purge,” New York Times, February 7, 2020, https://www.nytimes.com/2020/02/07/us/politics/alexander-vindman-gordon-sondland-fired.html; Ellen Nakashima, “Inspector General Who Handled Ukraine Whistleblower Complaint Says ‘It Is Hard Not to Think’ Trump Fired Him for Doing His Job,” April 6,
2020, https://www.washingtonpost.com/politics/inspector-general-who-handled-ukraine-whistleblower-complaint-says-its-hard-not-to-think-he-was-fired-by-trump-for-doing-his-job/2020/04/06/083166de-77b4-11ea-b6ff-597f170df8f8_story.html; Lauren Frias, “Trump Also Fired the Twin of Impeachment Witness Lt. Col. Alexander Vindman in Apparent Retaliation for His Brother's Testimony,” Business Insider, February 7, 2020, https://www.businessinsider.com/yevgeny-vindman-ousted-white-house-same-time-as-alex-2020-2; Helene Cooper, “John Rood, Top Defense Official, Latest to Be Ousted After Impeachment Saga,” New York Times, February 19, 2020, https://www.nytimes.com/2020/02/19/us/politics/john-rood-trump.html; Helene Cooper and Catie Edmonson, “Trump, Returning to Retribution, Withdraws Pentagon Nomination,” New York Times,
March 2, 2020, https://www.nytimes.com/2020/03/02/us/politics/trump-pentagon-mccusker-nomination.html.

274      relentless blame: Thomas J. Bollyky and Jeremy Konyndyk,
“It’s Not the WHO’s Fault That Trump Didn’t Prepare for the Coronavirus,” Washington Post, April 14, 2020, https://www.washingtonpost.com/outlook/2020/04/14/trump-who-coronavirus-response; Donald G. McNeil Jr and Andrew Jacobs, “Blaming China for Pandemic, Trump Says U.S. Will Leave the W.H.O.,” The New York Times,  May 29, 2020, https://www.nytimes.com/2020/05/29/health/virus-who.html; Ashley Collman, “Trump's New Tactic for Reelection is Blaming Governors for the
Coronavirus Response,” Business Insider, April 20, 2020, https://www.businessinsider.com/trump-coronavirus-blaming-governors-reelection-tactic-2020-4.

274      “I’ve felt it was a pandemic”: Katie Rogers, “Trump Now Claims He Always Knew the Coronavirus Would Be a Pandemic,” New York Times, March 17, 2020, https://www.nytimes.com/2020/03/17/us/politics/trump-coronavirus.html.

274      “we have met the moment”: “Remarks by President Trump in a Press Briefing on COVID-19 Testing,” White House, May 11, 2020, https://www.whitehouse.gov/briefings-statements/remarks-president-trump-press-briefing-covid-19-testing.

275      “brought comparisons to the Great Depression”:
Josh Zumbrun, “Coronavirus Slump Is Worst Since Great Depression. Will It Be as Painful?” Wall Street Journal, May 10, 2020, https://www.wsj.com/articles/coronavirus-slump-is-worst-since-great-depression-will-it-be-as-painful-11589115601.

275      some carrying assault weapons: Bryan Armen Graham, “'Swastikas and Nooses': Governor Slams 'Racism' of Michigan Lockdown Protest,” Guardian, May 3, 2020, https://www.theguardian.com/us-news/2020/may/03/michigan-gretchen-whitmer-lockdown-protest-racism.

276:     “the Governor of Michigan should give a little”: Donald J.
Trump (@realDonaldTrump), “The Governor of Michigan should give a little, and put out the fire. These are very good people, but they are angry. They want their lives back again, safely! See them, talk to them, make a deal.” Twitter, May 1, 2020, 8:42 a.m., https://twitter.com/realDonaldTrump/status/1256202305680158720.

276      teargassed and shot with rubber bullets: Ashley Parker, Josh Dawsey, and Rebecca Tan, “Inside the Push to Tear-Gas Protesters Ahead of a Trump Photo Op,” Washington Post, June 1, 2020, https://www.washingtonpost.com/politics/inside-the-push-to-tear-gas-protesters-ahead-of-a-trump-photo-op/2020/06/01/4b0f7b50-a46c-11ea-bb20-ebf0921f3bbd_story.html.

276      “he is a dictator”: Nadler, Congressional Record, (January 24, 2020): S553.

276      “Our imagination is the only limit”: U.S. Congress, House of Representatives, Committee on the Judiciary, The Impeachment Inquiry, December 9, 2019, 17.