Democratic leaders seek to have it both ways on impeachment

House Democratic leaders are seeking a delicate balance when it comes to impeachment and President TrumpDonald John TrumpGOP congressman slams Trump over report that U.S. bombed former anti-ISIS coalition headquarters US to restore 'targeted assistance' to Central American countries after migration deal Trump says lawmakers should censure Schiff MORE.

House Judiciary Committee Chairman Jerrold NadlerJerrold (Jerry) Lewis NadlerBarr to speak at Notre Dame law school on Friday The 13 House Democrats who back Kavanaugh's impeachment Ignore the hype — this is not an impeachment inquiry MORE (D-N.Y.) outlined the latest strategy in July when he said his panel would push forward aggressively with investigations of Trump. Nadler even called the process impeachment.

At the same time, Nadler made it clear the committee was not, at least now, considering a formal resolution to launch an impeachment inquiry.

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It’s a messaging balance designed to appease liberals clamoring to oust Trump immediately, while protecting vulnerable centrists battling to keep their seats in next year’s elections.

Whether it will satisfy either side is an open question.

Rep. David CicillineDavid Nicola CicillineHillicon Valley: FCC approves T-Mobile-Sprint merger | Dems wrangle over breaking up Big Tech at debate | Critics pounce as Facebook's Libra stumbles | Zuckerberg to be interviewed by Fox News | Twitter details rules for political figures' tweets House investigators receive initial documents from top tech companies Celebrating the LGBTQ contribution to progress in business MORE (D-R.I.), who leads the party’s messaging arm and has backed starting an inquiry, suggested some on both sides might be displeased.

The path “we are taking does not require a vote, so I guess for some people who are anxious to vote, to officially move forward, they will be disappointed,” he said. “For people who are not interested in voting, I guess they will be pleased.”

Democrats have steadily emerged to back an impeachment inquiry since former special counsel Robert MuellerRobert (Bob) Swan MuellerFox News legal analyst says Trump call with Ukraine leader could be 'more serious' than what Mueller 'dragged up' Lewandowski says Mueller report was 'very clear' in proving 'there was no obstruction,' despite having 'never' read it Fox's Cavuto roasts Trump over criticism of network MORE testified before Congress last month on Russia’s 2016 election interference and episodes of possible obstruction of justice by Trump.

About half the caucus now supports an inquiry, increasing the pressure on Speaker Nancy PelosiNancy PelosiLawmakers, social media users praise photo of Pelosi confronting Trump Trump turns Pelosi's 'meltdown' criticism around: 'She is a very sick person' Trump threat lacks teeth to block impeachment witnesses MORE (D-Calif.) and other leaders.

At the same time, the number of House members formally backing an inquiry is far less than the 218 votes needed to impeach Trump.

Centrists have repeatedly offered concerns that the party is spending too much time talking about impeachment as opposed to health care and other issues seen as central to the party’s victories in last year’s midterm elections. They’ve warned this could hurt the party in the elections.

“I believe impeachment will assuredly consume us all and basically grind our nation to a halt,” Rep. Stephanie MurphyStephanie MurphyHouse Democrats change drug pricing bill in bid to address progressive concerns Hillicon Valley: Zuckerberg to testify on Libra | Extremists find home on Telegram app | Warren blasts Facebook for not removing anti-Biden ad | California outlaws facial recognition in police body cameras | China rips US tech sanctions House Democrats introduce new legislation to combat foreign election interference MORE (D-Fla.), a co-chair of the moderate Blue Dog Coalition, said during a town hall last week in her central Florida district, according to the Orlando Sentinel. “And I think impeachment has a really high threshold.”

A handful of Democrats have promoted the idea that the party has effectively launched an impeachment inquiry, even though it has not. That seems designed to mollify liberals arguing that the House should do something.

“In every meaningful way, our investigation is an impeachment inquiry,” 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.), a senior member of the Judiciary panel, wrote Thursday in an op-ed in the South Florida Sun Sentinel. 

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.), another Judiciary member, described the investigation as a post-Mueller “phase two.” She also downplayed the difference between launching an inquiry and the investigation her panel is conducting.

“I think it is some ways whether you call it an impeachment investigation or an impeachment inquiry is a little bit semantic, and not terribly relevant,” Dean told The Hill in an interview.

Cicilline cast the strategy as being about practicalities, saying it would help Democrats secure documents and witness testimony from the courts. 

“I think it had more to do with the importance of accurately reflecting what we are actually doing to the court than it was about not making people vote,” Cicilline told The Hill.

Some liberal House members themselves aren’t fans of impeachment.

Rep. Hank JohnsonHenry (Hank) C. JohnsonThe 13 House Democrats who back Kavanaugh's impeachment Hillary Clinton backs impeachment inquiry into Trump Pelosi announces launch of formal impeachment inquiry into Trump MORE (D-Ga.), a member of the Congressional Black Caucus, said Trump has already committed impeachable offenses. But he stressed the importance of protecting moderates, who won Democrats their majority in 2018.

“He obstructed justice and tried to influence witnesses — both impeachable offenses. [But] I've not been shown that the American people in the key congressional battleground districts are ready to impeach,” said Johnson, another member of the Judiciary Committee. 

Johnson noted that his fellow Georgian, freshman Rep. Lucy McBathLucia (Lucy) Kay McBathWhy impeach Trump? Follow the polls Mass shootings have hit 158 House districts so far this year Ossoff raises 0k in first three weeks of Senate bid, campaign says MORE (D), was elected last year by a margin of less than 1 percentage point, and voters in her district don't favor impeachment. 

“I want to keep Lucy here,” he said. 

Pelosi has sought to keep impeachment on the backburner and that effort was helped last week when the Democratic presidential debates largely avoided the issue.

It’s always possible the issue could create more noise on the campaign trail, however.

At last week’s debate, Julián Castro, the Housing and Urban Development secretary under President Obama, made the strategic case for impeachment, saying House Democrats risked making a political mistake by not impeaching Trump even if the GOP-held Senate failed to convict him with 67 votes.

“If they don't impeach him ... he's going to say, ‘You see, you see, the Democrats didn't go after me on impeachment, and do you know why? Because I didn't do anything wrong,’” Castro said from the debate stage in Michigan. “Conversely, if Mitch McConnellAddison (Mitch) Mitchell McConnellPatient advocates launch drug pricing ad campaign Overnight Defense — Presented by Boeing — House passes resolution rebuking Trump over Syria | Sparks fly at White House meeting on Syria | Dems say Trump called Pelosi a 'third-rate politician' | Trump, Graham trade jabs War of words at the White House MORE is the one that lets him off the hook, we're going to be able to say, ‘Well sure, we impeached him in the House, but his friend Mitch McConnell — ‘Moscow Mitch’ — let him off the hook.’”

Castro’s argument taps into another messaging strategy Democrats are hoping to utilize in 2020: painting McConnell (R-Ky.), the Senate majority leader, as a roadblock to all the Democrats’ legislative priorities, including efforts to bolster election security, which has won him the “Moscow Mitch” moniker. 

Mueller’s testimony yielded no new information, but he strongly emphasized Russia’s active measures to interfere. And while his testimony on obstruction in many ways fell flat for Democrats, particularly after weeks of inflating expectations, Democrats say the former special counsel gave them enough fuel to advance their investigations. 

Nadler announced plans last month to continue their investigations by going to court over redacted portions of the Mueller report and seeking to enforce the subpoena for testimony from former White House counsel Don McGahn. While Nadler stated the committee will move forward with actions against McGahn by Monday or Tuesday, such actions have yet to materialize.

Still, legal experts say the committee’s arguments in court are weaker in an informal impeachment investigation versus a formal inquiry. 

“These are not legal terms. These are all political terms,” said Elie Honig, a former federal prosecutor. 

“They don’t need anyone’s approval, including the full House’s approval, if they want to investigate any person. On the other hand, if they do want to start taking more formal steps towards impeachment, then there is a good argument that it doesn’t really carry much [weight] until the entire House approves it,” Honig added.

Democrats have expressed hope that the courts will view their investigation as an attempt to conduct oversight and cause a judge to expedite proceedings. Members on the committee have also voiced a willingness to fly back to Washington during the six-week August recess if such movement occurs.

“Watch carefully the courts’ decisions. I think that the fact that we have said we are in an impeachment investigation signals to the courts the urgency of this and that is why I’m hopeful I will be back in during the break,” Dean told the Hill.

“We are the Congress pitted against an obstructionist administration,” she added.