Fox's Napolitano says obstruction 'easiest' impeachment offense for Democrats

Fox's Napolitano says obstruction 'easiest' impeachment offense for Democrats
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Fox News senior judicial analyst Andrew NapolitanoAndrew Peter NapolitanoFox's Napolitano predicts Trump will testify on own behalf at Senate trial Fox's Napolitano says obstruction 'easiest' impeachment offense for Democrats Fox's Napolitano: Trump loses the 'unfair' argument by not participating in hearings MORE argued Wednesday that the "easiest" impeachment offense for Democrats to identify is obstruction of Congress, adding that "reasonable minds cannot disagree" with his assessment "without rejecting history." 
 
 
"So by directing his subordinates to refuse to comply with the lawfully issued subpoenas — whether it’s for testimony or for documents — that’s an impeachable offense," Napolitano said. "We know that from history. Every time the House of Representatives has looked at that, with respect to a president, it has found it to be impeachable." 
 
"On that, reasonable minds cannot disagree without rejecting history, rejecting constitutional norms," concluded Napolitano, a former New Jersey Superior Court judge. 
 
The House Judiciary Committee on Wednesday held its first impeachment hearing, one day after the House Intelligence Committee released the report on its findings of an investigation of Trump.

The committee examined Trump's communications with Ukraine, and accused Trump of abusing the power of his office for personal and political gain.

Judiciary heard from three witnesses — three invited by Democrats and one by Republicans. 
 
In a later appearance on Wednesday, Napolitano took issue with the Republican impeachment witness, law professor Jonathan Turley, who had argued that Democratic efforts to impeach Trump were "woefully inadequate" and would set "a dangerous precedent." 
 
"I disagree with my dear friend — I’ve worked with him and I’ve testified alongside of him, Jon Turley — on the significance of obstruction of justice, he is forgetting that the House has the sole, s-o-l-e power of impeachment,” Napolitano said. 
 
“It doesn’t need to go to a court for approval. It doesn’t need to go to a court to get its subpoenas enforced," he continued. "When the president receives a subpoena, or in this case Mick MulvaneyJohn (Mick) Michael MulvaneyDemocrats gear up for high-stakes Judiciary hearing Gaetz defends Ukraine call: Trump acted on 'sincere' concerns of corruption Judiciary Democrat says House should focus on Ukraine, avoid Mueller report in articles of impeachment MORE, Mike PompeoMichael (Mike) Richard PompeoHillicon Valley: Amazon alleges Trump interfered in Pentagon contract to hurt Bezos | Federal council warns Trump of cyber threats to infrastructure | China to remove foreign technology from government offices Trump, Russian foreign minister to meet Tuesday Impeachment, Ukraine, Syria and warheads color Washington visit by top Russian diplomat MORE, receive a subpoena and they throw it in a drawer, they don’t comply or challenge because the president told them to, that is the act of obstruction.”

Mulvaney is the White House chief of staff, while Pompeo is the secretary of State. 

The Intelligence report did not include any recommendations for articles of impeachment, but it focused on what it said was obstruction by the administration, including through not allowing witnesses to testify, and through the intimidation of some witnesses.
 
If Trump is impeached in the House of Representatives, a two-thirds majority would be needed in the Senate for removal. Under that unlikely scenario, 20 GOP senators would need to defect in a Senate trial vote. 
 
This story was updated at 4:35 p.m.