unilateral determination that the witnesses were not relevant.[1] Considering that Articles of Impeachment were announced the very next morning, it is clear that the Chairman had no intention to provide the Minority Members with an opportunity to examine additional evidence or call additional witnesses.
III.Factual Background
From a substantive perspective, despite the Minority's efforts,[2] this Committee invited no fact witnesses to testify during this impeachment inquiry. Instead, it held one hearing with a panel of four academics, and one presentation with a panel of Congressional staffers.
Rather than conduct its own investigation, this Committee relied on the investigation conducted by the Intelligence Committee. The Intelligence Committee Majority produced a report. However, the Intelligence Committee's Minority Staff Report is the more complete document, describing in significant detail the evidentiary record.[3] The Intelligence Committee Minority Staff Report is incorporated into these Minority Views and attached as Appendix A. As that Minority Report shows, the Majority does not have evidence to support the allegations in the Articles of Impeachment.[4]
Since the conclusion of the Intelligence Committee's investigation and the provision of its reports, significant new facts have come to light that further contradict the Majority's primary allegation that the President conditioned U.S. security assistance on the initiation of Ukrainian investigations into a political rival. The Majority has ignored those facts. First, on December 2, President Zelensky repeated his earlier statements[5] that he was not pressured by President Trump. In fact, he said he was not aware of a quid pro quo involving U.S. security assistance.[6] Second, on December 10, a close aide to President Zelensky, Andriy Yermak, denied discussing a quid pro quo with Gordon Sondland, which, as discussed below, is the linchpin of the Majority's factual case.[7] It is difficult to conceive that a months-long pressure campaign existed when the alleged victims are not aware of it and deny being pressured. These exculpatory facts not only undercut the Majority's primary factual claims, they emphasize the problems with the rushed nature of the process.
IV.Article I Fails to Establish an Impeachable Offense
Impeachment is only warranted for conduct that constitutes "Treason, Bribery, or other high Crimes and Misdemeanors.[8] For months, the Majority claimed the President was guilty of
- ↑ Letter from the Honorable Jerrold Nadler, Chairman, H. Comm, on the Judiciary, to the Honorable Doug Collins, Ranking Member, H. Comm. on the Judiciary (Dec. 9, 2019).
- ↑ See, e.g., Letter from the Honorable Doug Collins, Ranking Member, H. Comm. on the Judiciary, to the Honorable Jerrold Nadler, Chairman, H. Comm. on the Judiciary (December 6, 2019).
- ↑ 16 See Appendix A, Report of Evidence in the Democrats' Impeachment Inquiry in the House of Representatives ("Intel. Comm. Minority Report") (Dec. 2, 2019).
- ↑ Id.
- ↑ Tara Law, 'Nobody Pushed Me.' Ukrainian President Denies Trump Pressured Him to Investigate Biden's Son, TIME (Sep. 25, 2019).
- ↑ Simon Shuster, 'I Don't Trust Anyone at All,' Ukrainian President Volodymyr Zelensky Speaks Out on Trump, Putin and a Divided Europe, TIME (Dec. 2, 2019).
- ↑ Simon Shuster, Top Ukraine Official Andriy Yermak Casts Doubt on Key Impeachment Testimony, TIME (Dec. 10, 2019).
- ↑ U.S. Const. Art. II, § 4.
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