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Democrats press Nadler to hold Lewandowski in contempt

Democrats are pressuring House Judiciary Committee Chairman Jerrold NadlerJerrold (Jerry) Lewis NadlerMarijuana stocks see boost after Harris debate comments Jewish lawmakers targeted by anti-Semitic tweets ahead of election: ADL Democrats shoot down talk of expanding Supreme Court MORE (D-N.Y.) to hold Corey LewandowskiCorey R. LewandowskiPence travel questioned after aides test positive Lewandowski: Trump 'wants to see every Republican reelected regardless of ... if they break with the president' Sunday shows - Spotlight shifts to positive tests among Pence aides MORE in contempt of Congress after the former Trump campaign manager stonewalled lawmakers during his testimony earlier in the week.

“He operated in contempt of Congress, and yes, I believe he should be” held in contempt. “And I’ve expressed that to the chair,” Rep. Madeleine DeanMadeleine DeanEyes turn to Ocasio-Cortez as she seeks to boost Biden Democrats blister Barr during tense hearing Democratic lawmakers launch 'Mean Girls'-inspired initiative to promote face masks MORE (D-Pa.), a member of the Judiciary panel, told The Hill on Thursday.

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“The only purpose to do it is to have teeth in it and to send a message to Mr. Lewandowski that he has to come forth, tell the truth and live up to his obligations under the subpoena,” she added. “His performance was an absurdity.”

Both Nadler and Speaker Nancy PelosiNancy PelosiOn The Money: Trump says stimulus deal will happen after election | Holiday spending estimates lowest in four years | Domestic workers saw jobs, hours plummet due to COVID Hoyer lays out ambitious Democratic agenda for 2021, with health care at top CNN won't run pro-Trump ad warning Biden will raise taxes on middle class MORE (D-Calif.) have expressed interest in holding Lewandowski in contempt, with Pelosi telling members on Thursday that Democrats should have acted "right then and there" at Tuesday’s Judiciary hearing when Lewandowski refused to cooperate with Democrats.

But Pelosi also seemed to defer any decisions to Nadler.

"I trust the committee and the path that they are on," she said Thursday.

Anticipating an uncooperative witness, some Judiciary Democrats initially consulted the House general counsel about a contempt vote prior to Lewandowski’s testimony, sources familiar with the discussions say. But the counsel recommended against moving to hold him in contempt.

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Lewandowski’s pugnacious behavior and refusal to answer questions has triggered a new wave of Democrats to voice support for holding him in contempt.

While the former Trump campaign aide was ordered by the White House not to go beyond the four corners of the Mueller report, he took it a step further by refusing to answer questions about his private conversations with Trump or claiming he did not remember them.

He also challenged Democrats during the hearing, including accusing Rep. Sheila Jackson LeeSheila Jackson LeePocan won't seek another term as Progressive Caucus co-chair Grand jury charges no officers in Breonna Taylor death Hillicon Valley: Murky TikTok deal raises questions about China's role | Twitter investigating automated image previews over apparent algorithmic bias | House approves bill making hacking federal voting systems a crime MORE (Texas) of going on a rant and arguing that “Trump haters” were seeking to take down the president.

Democratic Judiciary members are so frustrated by Lewandowski’s performance that they are urging Nadler to hold a closed-door meeting either Thursday or Friday about what action to take against him, committee members said.

“There is a lot of agitating,” one Judiciary member said.

Rep. Hank JohnsonHenry (Hank) C. JohnsonDemocratic senators unveil bill to ban discrimination in financial services industry Five takeaways as panel grills tech CEOs Lawmakers, public bid farewell to John Lewis MORE (D-Ga.), a senior committee member, said Nadler and other panel leaders had anticipated the stonewalling, with Lewandowski dropping hints in the days leading up to the hearing. Now Johnson is among those supporting a contempt vote, to prevent Lewandowski's recalcitrance from becoming the norm.

"Many members are in accord with the Speaker about wanting to protect the integrity of our process and send a message to future witnesses that their contemptuous conduct can meet the same fate as Lewandowski — should we hold him in contempt,” Johnson said.

"I suppose some might say that to do that would be distractive," Johnson said of would-be Democratic critics. "But the greater issue is the integrity of our process, and the fact that we can't allow it to be trashed like Lewandowski trashed it — all the way from his opening statement to his exit from the committee room."

If Democrats initiate the contempt process, Johnson said, it would likely be soon.

Democrats argue that if they don’t take that step, other witnesses will copy Lewandowski’s playbook in dodging questions and stalling during the hearing.

Some Democrats also say it would look bad if they do not push back against the White House claims of privilege over the testimony of someone who has never worked in the administration. Nadler and other Democrats reject those immunity claims.

Rep. Eric SwalwellEric Michael SwalwellGraham says SC people of color can go anywhere in the state but 'need to be conservative, not liberal' President Trump, Melania Trump test positive for COVID-19 House in near-unanimous vote affirms peaceful transfer of power MORE (D-Calif.), another Judiciary member and former 2020 presidential candidate, is among those pressing for contempt.

"We're engaging with the chairman about that," he said Thursday, without specifying a timeline.

After members finished questioning Lewandowski on Tuesday, Nadler said he was considering holding Lewandowski in contempt, which would require a resolution to be voted on in Judiciary before a floor vote.

“Mr. Lewandowski, your behavior in this hearing room has been completely unacceptable. It is part of a pattern of a White House desperate for the American people not to hear the truth," Nadler said at the hearing. "I’ve been asked several times today whether the committee will hold you in contempt. It is certainly under consideration.”

Democrats sought to question the longtime Trump ally on his role in a key episode of obstruction by Trump that former special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE examined, in which the president asked Lewandowski to pass along a message to then-Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsGOP former US attorneys back Biden, say Trump 'threat to rule of law' Biden fact checks Trump on 545 families separated at border, calls policy 'criminal' Harris walks fine line on Barrett as election nears MORE in 2017 to reverse his recusal and set limits on the Russia probe.

But for the most part, Lewandowski’s combative squabbles with Democrats and refusal to answer questions overshadowed the role he played.

Still, Democrats say they were able to prove through staff questioning that Lewandowski is a liar who has repeatedly misled the public about his involvement with the president.

Democrats have voted to hold top Trump officials in contempt before. In July, the House voted on criminal contempt charges against Attorney General William BarrBill BarrPolice accountability board concludes that Seattle police officers used excessive force during encounters with protesters Trump hasn't asked Barr to open investigation into Bidens, McEnany says Seattle, Portland, NYC sue Trump administration over threat to pull federal money MORE and Commerce Secretary Wilbur RossWilbur Louis RossIt's time to reckon with space junk Census Bureau to hold count through end of October Judge begins contempt proceedings for Wilbur Ross over allegedly defying census order MORE for refusing to respond to Democratic subpoenas.

But the contempt votes did not lead to any serious consequences for Barr and Ross since the Justice Department, led by Barr, opted not to prosecute Trump’s Cabinet members.

If Democrats pursued contempt against Lewandowski, it’s unclear whether they would opt for the same criminal variety they applied to Barr and Ross. Johnson, for one, suggested Democrats may instead push for inherent contempt — a rarely used device authorizing both the House and Senate to “detain and imprison” an individual who refuses to comply with congressional demands, according to the Congressional Research Service.

Such an approach has not been used for nearly a century — employing the House sergeant-at-arms to go after Trump officials would be a highly unusual move — but some Democrats say the degree of stonewalling demands an aggressive response.

“We should be using every tool, and that includes fines,” Assistant Speaker Ben Ray Luján (D-N.M.) told The Hill.

Other Democrats said that charging Lewandowski with contempt will send a strong message to other Trump aides and associates.

Lewandowski “went in without any intent to answer any questions. It was somewhere between an audition for a political office and trying to get an extra-big Christmas card from Donald Trump,” Progressive Caucus Co-Chairman Mark PocanMark William PocanProgressive lawmakers call for United Nations probe into DHS 'human rights abuses' The Hill's Morning Report - Sponsored by Facebook - Barrett touts independence to sidestep confirmation questions Pocan won't seek another term as Progressive Caucus co-chair MORE (D-Wis.) told The Hill.

“At that point, we should have put him in a place we needed to,” he said. “That isn’t what a witness is supposed to do.”