To defend against Democratic allegations of an illicit cover-up, President Donald Trump’s lawyers have argued fervently that the second article of impeachment in the Senate trial charging him with obstructing Congress is completely unwarranted. Instead of charging Trump with obstructing Congress, they’ve argued, Democrats should have taken the president to court to enforce subpoenas of his aides and requests for documents.
But on Thursday, a Justice Department attorney — who, ostensibly, works for the president — completely contradicted this argument.
There’s long been a tension in the president’s impeachment defense and his administration’s position in court, as many have pointed out. Trump’s impeachment attorneys have argued that Congress shouldn’t have charged Trump with obstructing their investigation but instead worked out disputes in the judicial branch. But when Congress has taken the administration to court to enforce its subpoenas, Justice Department attorneys have argued that judges can’t resolve the dispute between the legislative branch and the executive. Continue reading.