December 28, 2023 / by emptywheel

 

Jim Jordan Says Trump’s Years of Blowing Off Subpoenas May Merit Impeachment

In another ploy to get journalists at dick pic-sniffing right wing outlets like JustTheNews and NBC to air false claims, Jim Jordan and James Comer sent the White House a letter demanding any communications the White House had with Hunter Biden or his lawyers about blowing off a subpoena that — the letter itself notes — was issued before the chairmen obtained support of the House to issue impeachment subpoenas.

They base their claim that the President knew his son was going to blow off a subpoena on a misrepresentation of what Press Secretary Karine Jean-Pierre said later that day: that the President was familiar with what his son was going to say.

Look, as you know, Hunter Biden is a private citizen, and so I certainly would refer you to his representatives. Look, the President was certainly familiar with what his son was going to say, and I think what you saw was from the heart from his son. And you’ve heard me say this, you’ve heard the president say this, when it comes to the president and the first lady, they’re proud of him continuing to rebuild his life. They are proud of their son.

Perhaps Jean-Pierre was suggesting Joe Biden knew Hunter would say things like, “James Comer, Jim Jordan, Jason Smith, and their colleagues have distorted the facts,” a true statement similar to comments Joe himself has made. Perhaps Jean-Pierre’s comment meant that Joe Biden knew his son would say that Jordan and Comer, along with Jason Smith, “ridiculed my struggle with addiction [and] belittled my recovery,” something consistent with her own focus on his recovery. Given Jean-Pierre’s observation that “what you saw was from the heart,” perhaps she was referring to Hunter’s tribute to his parents’ love:

During my battle with addiction, my parents were there for me. They literally saved my life. They helped me in ways that I will never be able to repay. And of course they would never expect me to. In the depths of my addiction, I was extremely irresponsible with my finances. But to suggest that is grounds for an impeachment inquiry is beyond the absurd. It’s shameless. There’s no evidence to support the allegations that my father was financially involved in my business because it did not happen.

[snip]

They have taken the light of my Dad’s love — the light of my Dad’s love for me and presented it as darkness.

There is nothing in her statement that confirms foreknowledge that Hunter would blow off the subpoena, something conceded in the letter that her statement only, “suggests that the President had some amount of advanced knowledge that Mr. Biden would choose to defy two congressional subpoenas” [my emphasis].

Nevertheless, serial liar Comer and subpoena scofflaw Jordan use Jean-Pierre’s statement to insinuate that Joe Biden has committed what they themselves call a potentially impeachable offense of dissuading a subpoena recipient from complying with it.

Later on December 13, when asked whether President Biden had watched Mr. Biden’s statement, White House Press Secretary Karine Jean-Pierre stated that President Biden was “certainly familiar with what his son was going to say.”11 Ms. Jean-Pierre declined, however, to provide any further details about the President’s actions or whether the President approved of his son defying congressional subpoenas.12 Nonetheless, Ms. Jean-Pierre’s statement suggests that the President had some amount of advanced knowledge that Mr. Biden would choose to defy two congressional subpoenas.

Under the relevant section of the criminal code, it is unlawful to “corruptly . . . endeavor[] to influence, obstruct, or impede the due and proper exercise of the power of inquiry under which any investigation or inquiry is being had by . . . any committee of either House or any joint committee of the Congress[.]”13 Likewise, any person who “aids, abets, counsels, commands, induces or procures” the commission of a crime is punishable as a principal of the crime.14

In light of Ms. Jean-Pierre’s statement, we are compelled to examine the involvement of the President in his son’s scheme to defy the Committees’ subpoenas.

[snip]

[T]he fact that the President had advanced awareness that Mr. Biden would defy the Committees’ subpoenas raises a troubling new question that we must examine: whether the President corruptly sought to influence or obstruct the Committees’ proceeding by preventing, discouraging, or dissuading his son from complying with the Committees’ subpoenas. Such conduct could constitute an impeachable offense.

11 Press Briefing by Press Secretary Karine Jean-Pierre and NSC Coordinator for Strategic Communications John Kirby. White House Briefing Room (Dec. 13, 2023).

12 Id. 13 18 U.S.C. § 1505 (Obstruction of proceedings before departments, agencies, and committees).

14 18 U.S.C. § 2(a).

Once you wade through all the bad faith and misrepresentation, this is a breathtaking development: Donald Trump’s most vigorous defender in Congress, Jim Jordan, someone who himself defied a subpoena to cover up Trump’s actions, has accused Donald Trump of committing an impeachable offense.

There are a slew of ways that Donald Trump, “prevent[ed], discourag[ed], or dissuad[ed]” witnesses from complying with subpoenas, during both his impeachments, the January 6 Committee, and elsewhere. Most famously, during the first impeachment, for example, Trump attorney Jay Sekulow got Trump to permit Trump attorney John Dowd to represent Lev Parnas and Igor Fruman. In a response to a subpoena that was very similar to the pre-impeachment vote subpoena sent to Hunter Biden, Dowd made a bunch of claims about attorney-client relationships that, with the exception of the tie to Dmitry Firtash, have since been disproven, all in an attempt to deprive Congress of their testimony. While Parnas eventually cooperated with impeachment, neither Fruman nor Rudy did. Indeed, Trump’s entire Administration blew off the inquiry.

Trump did the same with the January 6 inquiry. Trump attempted to pressure Cassidy Hutchinson about her testimony. Even better documented, Robert Costello described that Trump’s lawyer instructed him to withhold materials about a meeting involving a bunch of lawyers but also Mike Flynn based on an attorney-client privilege claim. On Jordan’s logic, Trump should join Bannon in his 4-month contempt sentence for that intervention.

In short, while Comer and Jordan manufactured the claim that President Biden knew Hunter was going to blow off a subpoena, the evidence that Trump has ordered everyone in his orbit to do the same for years is overwhelming.

Once you argue that instructing people to blow off subpoenas merits impeachment, you’ve made the case for a third Trump impeachment.

Comer and Jordan have already surfaced far more evidence supporting an impeachment of Donald Trump than Joe Biden. Three major examples are:

  • Ties between DOJ access and dirt on Hunter Biden: In response to Comer’s allegations about Hunter and Joe Biden, Lev Parnas has renewed allegations he made in the past, much of which are backed by known communications and the recently released warrants from SDNY. Of particular note, he described that Rudy floated access with Trump’s DOJ in exchange for dirt on the Bidens with both Yuriy Lutsenko and Dmitry Firtash. Parnas also claimed that when he attempted to fly to Vienna on October 9, 2019, he believed he would retrieve content stolen from a Hunter Biden laptop.
  • Efforts to funnel Rudy Giuliani’s dirt to the investigation into Hunter Biden: Chuck Grassley revealed that during his first impeachment, when Trump was emphasizing the import of investigating Burisma corruption, his own DOJ shut down a 3.5-year old investigation into Mykola Zlochevsky. Testimony from Scott Brady enhanced what we already know about the dedicated channel Bill Barr set up days later for dirt Rudy had obtained, including from known Russian agents. Of particular import, Brady revealed that he mined the recently closed Zlochevsky investigation to obtain informant testimony about how Zlochevsky changed his story about Joe Biden during the course of impeachment. Brady and Gary Shapley both provided new details of how that information got shared with the Hunter Biden investigative team, with Brady submitting interrogatories about what they were investigative and getting David Weiss’ intervention to brief the information they obtained. Ultimately, after Trump yelled at Bill Barr about the Hunter Biden investigation, Richard Donoghue ordered the Delaware investigators to accept the FD-1023 memorializing Zlochevsky’s changed story about Biden; Bill Barr confessed that he was involved in this process. In short, Jordan and Comer, with an assist from Grassley, have confirmed many of the suspicions that drove the first impeachment.
  • Trump’s involvement in Tony Bobulinski’s inconsistent FBI testimony: The disgruntled IRS agents released Tony Bobulinski’s draft interview report (from the same day as the briefing about Zlochevsky’s changed Biden claims), key claims in which are not backed by previously unreleased communications. The disclosure of testimony that Hunter Biden alleges to be false comes even as Cassidy Hutchinson’s book describes a secret meeting Mark Meadows had weeks after that FBI interview, at which Trump’s chief of staff handed Bobulinski something that could be an envelope.

Thanks to Comer and Jordan — with an important assist from Grassley — Republicans have exposed that Trump has been corruptly involved in the Hunter Biden investigation — the Hunter Biden investigation they’re using to impeach Joe Biden — from the start.

But this letter is different.

Comer and Jordan never admitted that all the rest — all the evidence that Trump corruptly ginned up an investigation into Joe Biden’s kid — merited impeachment. They have claimed the opposite, even in the face of Grassley’s stunning claim that Trump’s DOJ shut down an investigation into Zlochevsky opened when Biden was Vice President.

But here, at long last, they’re admitting that Trump’s years-long efforts to stonewall Congress may merit impeachment.

Mind you, the outlets that believed this letter was newsworthy didn’t mention that fact. Instead, they treated Jordan’s stunning hypocrisy as if it were a good faith intervention. They didn’t even mention that Jordan himself blew off a subpoena to protect Trump!

We know why John Solomon — implicated himself in all these events — pretended this was all good faith. Solomon doesn’t pretend to be anything but a pro-Trump propagandist.

But NBC has no excuse. Either it is too stupid to recognize that this Jordan letter is the height of bad faith … or it is too addicted to dick pic-sniffing clicks to explain all that to their readers.

At some point, Jim Jordan’s confession that Donald Trump really did deserve impeachment becomes the story.

Update: I should have included Luke Broadwater — the NYT scribe who can’t do basic things like test the provenance of documents — in the right wing outlets that simply parroted Jordan’s garbage.

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Originally Posted @ https://www.emptywheel.net/2023/12/28/jim-jordan-says-trumps-years-of-blowing-off-subpoenas-may-merit-impeachment/