Trump “filed a brief in the nation’s second-most-important court that takes the position that Congress cannot investigate the president, except possibly in impeachment proceedings. It’s a spectacularly anti-constitutional brief, and anyone who harbors such attitudes toward our Constitution’s architecture is not fit for office,” the two men wrote.
The two lawyers wrote that the brief “is nothing if not an invitation to commencing impeachment proceedings that, for reasons set out in the Mueller report, should have already commenced.”
Conway and Katyal are referring to an appeals brief filed by Trump’s lawyers in the U.S. District Court of Appeals for the District of Columbia that argues against the House Oversight and Reform Committee’s ongoing probe into Trump’s business ventures and whether he broke the law by committing financial and tax fraud.
Trump "argues that Congress is 'trying to prove that the President broke the law' and that that’s something Congress can’t do, because it’s 'an exercise of law enforcement authority that the Constitution reserves to the executive branch,'" Conway and Katyal wrote.
The drumbeat of Democratic lawmakers calling for impeachment proceedings to begin has been growing, particularly increasing after special counsel Robert MuellerRobert (Bob) Swan MuellerKamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Kamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Dem committees win new powers to investigate Trump MORE gave his only public comments regarding the findings of his report.
Speaker Nancy PelosiNancy PelosiOvernight Health Care: Pelosi to change drug-pricing plan after complaints | 2020 Democrats to attend Planned Parenthood abortion forum | House holds first major 'Medicare for All' hearing Overnight Health Care: Pelosi to change drug-pricing plan after complaints | 2020 Democrats to attend Planned Parenthood abortion forum | House holds first major 'Medicare for All' hearing Pelosi to change drug-pricing plan after progressive complaints MORE (D-Calif.) has tempered the conversation about impeaching Trump, pointing to the lack of Republican support outside of Rep. Justin AmashJustin AmashOvernight Defense: Latest on House defense bill markup | Air Force One, low-yield nukes spark debate | House Dems introduce resolutions blocking Saudi arms sales | Trump to send 1,000 troops to Poland Overnight Defense: Latest on House defense bill markup | Air Force One, low-yield nukes spark debate | House Dems introduce resolutions blocking Saudi arms sales | Trump to send 1,000 troops to Poland George Conway pens op-ed calling for Trump impeachment proceedings MORE (R-Mich.) who has been the only Republican to publicly support opening impeachment proceedings.
“Congress could investigate Trump’s finances in an impeachment proceeding, but it can do so without launching the formal process of impeachment,” Conway and Katyal wrote, concluding that “Trump’s brief can be construed as an invitation to commence impeachment proceedings. In those proceedings, Trump’s attitudes toward our Constitution’s checks and balances, in addition to evidence of obstruction of justice, must play a key role.”