It does not seem accidental the hastily defined two articles of impeachment mirror the arguments needed in two lower court cases brought by the House Judiciary Committee.
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It is likely both articles of impeachment, “Abuse of Power” and “Obstruction“, are designed to support pending HJC court cases seeking: (1) former White House Counsel Don McGahn testimony; and (2) grand jury evidence from the Mueller investigation.
Because the full House did not originally vote to authorize articles of impeachment the House Judiciary Committee never gained ‘judicial enforcement authority‘. The absence of judicial enforcement authority was evident in the lack of enforcement authority in House subpoenas.
The House could not hold anyone in contempt of congress for not appearing because they did not carry recognized judicial enforcement authority. Additionally downstream consequences from that original flaw have surfaced in cases working through courts.
There is an argument to be made the rushed House articles are a means to an end. That is – a way for House lawyers to argue in court all of the constitutionally contended material is required as evidence for pending judicial proceedings, a trial in the Senate.
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