Pelosi, Nadler tangle on impeachment, contempt vote

There is growing daylight between Speaker Nancy PelosiNancy PelosiOvernight Health Care — Presented by Partnership for America's Health Care Future — Four companies reach 0M settlement in opioid lawsuit | Deal opens door to larger settlements | House panel to consider vaping tax | Drug pricing markup tomorrow Schiff punches back after GOP censure resolution fails Trump urges GOP to fight for him MORE (D-Calif.) and House Judiciary Committee Chairman Jerrold NadlerJerrold (Jerry) Lewis NadlerDem committee chairs blast Trump G-7 announcement Top Democrat holds moment of silence for Cummings at hearing Barr to speak at Notre Dame law school on Friday MORE (D-N.Y.) over the best strategy for combating a Trump administration that is flouting a flurry of congressional subpoenas at nearly every turn.  

The pair of powerful Democrats clashed in recent days over whether to launch impeachment proceedings against President TrumpDonald John TrumpTrump says he doesn't want NYT in the White House Veterans group backs lawsuits to halt Trump's use of military funding for border wall Schiff punches back after GOP censure resolution fails MORE and how soon to hold a contempt vote against Attorney General William BarrWilliam Pelham BarrPelosi releases 'fact sheet' saying Trump has 'betrayed his oath of office' Federal prosecutors interviewed multiple FBI officials for Russia probe review: report Mulvaney walks back comments tying Ukraine aid to 2016 probe MORE.

Nadler, spurred by frustrated Judiciary Committee members, has been privately pushing leadership for both an impeachment inquiry and a contempt vote immediately after lawmakers return from their weeklong Memorial Day recess.

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Pelosi is still urging a go-slow approach, concerned that Democrats have not yet swayed public opinion about why such aggressive tactics are necessary. The Speaker is also pointing to a string of court victories over the Trump administration and business entities, bolstering Democrats’ arguments that the law is on their side as they methodically probe the president.

The Judiciary Committee “has to make a stronger public case for moving forward with contempt in a way that would persuade the public, that is disciplined enough to persuade the public, and box in the Republicans and really elevate their level of complicity in the president’s wrongdoing and his campaign of obstruction,” said a senior Democratic source tracking the fight playing out in the 235-member caucus.

“Trump has just given us a gift, and we have to use it to our advantage,” the source said. More public outreach “needs to be done before you take a vote on contempt or impeachment.”

In a closed-door emergency caucus meeting this week, Rep. Peter WelchPeter Francis WelchDemocrats see John Bolton as potential star witness Democrats plow ahead as Trump seeks to hobble impeachment effort Democrats claim new momentum from intelligence watchdog testimony MORE (D-Vt.), a Pelosi ally, made a point many saw as pushing back at the pressure from Nadler and others on Judiciary, who are increasingly frustrated by the administration’s stonewalling.

Welch stood up and said that while Democrats may eventually have to move forward with impeachment, they should not do so just because of pique within the Judiciary Committee.

It seems it’s “just the Judiciary Committee that’s getting dissed” by the Trump administration, Welch said, according to a source in the room. Democrats, he added, cannot let that dictate the actions of the entire Congress.

Pelosi has consistently sought to tamp down calls for impeachment, believing the party is better off competing with Trump in the 2020 election over health care and other issues.

Polls bolster her position. Only 28 percent of Americans said starting impeachment proceedings should be a top priority for Congress, according to a recent Morning Consult/Politico poll.

Nadler, under pressure to show his committee is winning its war with Trump, has assumed a more aggressive posture in recent days.

In a private meeting with Pelosi and her top lieutenants this week, Nadler explained that the majority of his committee members were clamoring for an impeachment inquiry against Trump and that he, too, thought this was the best course of action now, sources familiar with the meeting said.

But Pelosi and others rebuffed him — a development Nadler later reported back to Democrats on his Judiciary panel during in a separate, closed-door gathering, committee members said.

Nadler has also challenged Democratic leaders on moving quickly to a contempt vote on the floor for Barr, who is refusing to testify to his committee.

During a Democratic whip meeting, he said the House should vote on June 4, according to Budget Committee Chairman John YarmuthJohn Allen YarmuthThe Hill's Morning Report - Presented by Better Medicare Alliance - Trump has had a rough October How Trump and Pelosi went from bad to worse On The Money: Trump signs stopgap spending bill | Shutdown fight delayed to November | Deutsche Bank reveals it has two individual tax returns tied to House subpoena | House Dems demand documents on Ukraine aid MORE (D-Ky.), who attended that meeting.

Top Democrats were surprised that Nadler was floating a specific date when Pelosi and others had not yet settled on a strategy. Rules Committee Chairman Jim McGovern (D-Mass.), whose panel is nicknamed the "Speaker’s committee" because it works so closely with the Speaker, told The Hill it would be "odd" for lawmakers to vote on contempt as their first act after being away from Washington for 12 days.

The broader 235-member caucus needs to have more debate and discussion before taking such a serious step, he said, adding that Pelosi had not signed off on the June 4 vote.

Pelosi's office declined to comment, but the Speaker told colleagues this week she has “great admiration and respect” for Nadler. 

Nadler declined to comment about the contempt vote or impeachment as he left the Capitol for the long recess. His aides declined to comment for this story.

But appearing on MSNBC on Thursday night, Nadler confirmed earlier reporting by The Washington Post that he had pressed Pelosi to act more swiftly on starting impeachment proceedings.

“I urged the Speaker to speed things up and consider an impeachment inquiry,” Nadler told MSNBC host Rachel MaddowRachel Anne MaddowMegyn Kelly appearance on Fox News draws more than 4 million viewers Krystal Ball dismisses Ukraine scandal as 'manufactured drama' Rachel Maddow signs onto 'Batwoman' TV series MORE, though he conceded that Democrats’ recent court victories had made his argument for impeachment “much weaker.”

The 14-term New York lawmaker is backed by an overwhelming majority of his fellow Judiciary Committee Democrats.

Rep. Madeleine DeanMadeleine DeanDemocrats press Nadler to hold Lewandowski in contempt 3D-printable guns will require us to rethink our approach on gun safety Democrats' impeachment message leads to plenty of head-scratching MORE (D-Pa.) called it a “good sign” that Nadler is aggressively pushing for a contempt vote on June 4. The House plans to adjourn again on June 5 to allow for lawmakers to fly to France to commemorate the 75th anniversary of D-Day and the Battle of Normandy.

“We have to work with urgency. You can’t let people ignore subpoenas, obstruct justice, obstruct the American people getting the truth,” Dean told The Hill. “We have to act with the urgency that that demands.”

“I think the right strategy is to move on all of it as quickly as possible,” added Rep. Ted DeutchTheodore (Ted) Eliot DeutchBacklash erupts at video depicting Trump killing media, critics House Ethics Committee reviewing two GOP lawmakers over campaign finance House Ethics panel reviewing Tlaib over campaign salary MORE (D-Fla.), another Judiciary Committee member. Trump is “melting down, and the world is starting to see that he just doesn’t intend to allow Congress to do its job; he just simply refuses to accept that there’s a separate and coequal branch of government at the other end of Pennsylvania Avenue.”

That sentiment for speedy action is shared by many other Judiciary Committee members, including Reps. Hank JohnsonHenry (Hank) C. JohnsonMaloney to serve as acting Oversight chairwoman after Cummings's death The 13 House Democrats who back Kavanaugh's impeachment Hillary Clinton backs impeachment inquiry into Trump MORE (D-Ga.), Joseph Neguse (D-Colo.), Pramila JayapalPramila JayapalOvernight Health Care — Presented by National Taxpayers Union —Dem wants more changes to Pelosi drug pricing bill | Ebola outbreak wanes, but funding lags | Johnson & Johnson recalls batch of baby powder after asbestos traces found Overnight Health Care — Presented by National Taxpayers Union — House Dems advance drug pricing bill | Cases of vaping-related lung illnesses near 1,500 | Juul suspends sales of most e-cigarette flavors Warren faces tougher sell with 'Medicare for All' MORE (Wash.), Val DemingsValdez (Val) Venita DemingsSunday shows - Second whistleblower grabs spotlight House Democrat: Trump 'dangerously abused his oath of office' Democrats are 'giddy over' impeachment inquiry, Republican says MORE (D-Fla.), Ted LieuTed W. LieuHere's what to watch this week on impeachment Testimony from GOP diplomat complicates Trump defense Lawmakers, social media users praise photo of Pelosi confronting Trump MORE (D-Calif.) and Jamie RaskinJamin (Jamie) Ben RaskinEx-Trump aide on Russia testifies for 10 hours as part of impeachment inquiry Oversight panel to subpoena Trump officials next week over deportation deferrals Democrats plow ahead as Trump seeks to hobble impeachment effort MORE (D-Md.). Lieu and Raskin are lower-ranking members of Pelosi’s leadership team.

“I support doing [contempt] at the earliest possible date,” Raskin, who also serves on the Rules panel, told The Hill.

But Judiciary Democrats are not unanimous. Some are deferring to the strategy detailed by Pelosi and Majority Leader Steny HoyerSteny Hamilton HoyerThis week: Tensions flare over Schiff, impeachment inquiry House Republicans 'demand the release of the rules' on impeachment Scalise, Cole introduce resolution to change rules on impeachment MORE (D-Md.) this month: Wait until Democrats have identified a group of individuals who are defying congressional subpoenas, and then vote on multiple contempt citations at once in a big package. That would also clear floor time so Democrats could pursue other legislative priorities.

Rep. David CicillineDavid Nicola CicillineHillicon Valley: GOP lawmakers offer election security measure | FTC Dem worries government is 'captured' by Big Tech | Lawmakers condemn Apple over Hong Kong censorship FTC Democrat raises concerns that government is 'captured' by large tech companies Democrats want Mulvaney to testify in Trump impeachment probe MORE (D-R.I.), a Judiciary panel member who has called for the start of an impeachment inquiry, described waiting on contempt as a “strategic move.” He pointed to other House committees that are also pushing for documents and weighing contempt citations for those refusing to honor subpoenas.

Raskin, a former constitutional law professor and unabashed liberal, downplayed the disagreements over impeachment and contempt as simply a family discussion about the best way to proceed.

“The whole caucus is in a discussion about which strategy is going to move us forward to counter the lawlessness of the administration,” Raskin said in a phone interview with The Hill on Friday.

“I don’t see us in any way divided or polarized,” he continued, adding that “all of the tools in constitutional toolkit are on the table now.”