Analysis after the Judiciary Committee impeachment hearing

Image: Noah Feldman, Pamela Karlan, Jonathan Turley, Michael Gerhardt
Harvard Law School professor Noah Feldman, Stanford Law School professor Pamela Karlan, University of North Carolina Law School professor Michael Gerhardt and George Washington University Law School professor Jonathan Turley are sworn in before testifying during a hearing before the House Judiciary Committee on Dec. 4, 2019.Alex Brandon / AP

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The House Judiciary Committee kicked off its first hearing of the impeachment inquiry on Wednesday with an exploration of the constitutional grounds for impeachment, including what constitutes bribery, high crimes and misdemeanors and whether President Donald Trump's actions meet those definitions.

The witnesses included Harvard law professor Noah Feldman; Stanford law professor Pamela Karlan; University of North Carolina law professor Michael Gerhardt; and George Washington University law professor Jonathan Turley. The first three witnesses were asked to testify by the committee's Democrats, and Turley was called by the panel's Republican members.

Highlights from the Judiciary hearing:

Read our 10 takeaways from the impeachment hearing so far — in plain English

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  • There has been talk of originalism, the Founding Fathers, King George III and the Secret Treaty of Dover — and someone used the word "necromancy."

GOP lawmakers trash impeachment process

  • Rep. Gaetz and witness Karlan trade barbs, while Rep. Buck questions whether other presidents should have been impeached.

Three of four witnesses say Trump committed impeachable offenses

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Live Blog

Pence thanking House GOP for vigorous defense of Trump

Vice President Mike Pence huddled with the House GOP conference Wednesday morning ahead of the Judiciary Committee impeachment hearing.

The message, according to two White House officials: thanking Republicans for what the White House sees as the strong messaging and vigorous defense of the president — particularly on television — and a push to focus more heavily on what Democrats are not doing when it comes to policy issues like trade, etc.

One of those sources, a senior official, does not see today’s hearing with four academics as a game-changer (or, frankly, a ratings-buster). And another source familiar with the White House strategy agrees, arguing the Schiff Intel report didn’t change anything and neither will this.  

It’s a defiant posture from the White House, but they are very aware of what is very likely coming down the road: a Senate trial, which is increasingly becoming a focus. That's why it’s so notable that White House counsel Pat Cipollone will be attending the Senate Republicans' lunch today. 

Judiciary impeachment inquiry hearing begins

House Judiciary Chairman Jerrold Nadler gaveled in the first impeachment inquiry hearing of the committee at roughly 10:06 a.m. Opening statements of the four witnesses are beginning shortly. 

Inside the hearing room

The hearing room is set up the same as it was during the Intelligence Committee hearings but it’s tighter because there are more members on the committee. There are also more tables and seats for Judiciary staff.

Judiciary Republicans are using the Intelligence Committee Republicans' playbook, displaying three large posters.

Twenty-two seats are reserved for members of Congress.

A congressional staffer puts up signs before a House Judiciary Committee hearing on impeachment on Dec. 4, 2019.Chip Somodevilla / Getty Images

Flashback: What Nadler said about impeaching a president in 1998

In a packed hearing room on Wednesday, Rep. Jerry Nadler will lead the House Judiciary Committee in the next phase of the impeachment process against President Donald Trump.

But Nadler, D-N.Y., has been through the process once before, in a very different capacity. On Dec. 10, 1998, he was a rank-and-file member of the powerful committee he now chairs. As part of the minority — Republicans controlled both chambers of Congress at the time — he opposed the articles of impeachment that had been drafted against President Bill Clinton.

During a 10-minute opening statement, Nadler, who has a law degree from Fordham, laid out a case for what he believed constituted an impeachable offense, framing the issue in a way that now seems prescient.

Read the full story.

Read the four Judiciary witnesses' opening statements

Feldman testimony

Karlan testimony

Gerhardt testimony

Turley testimony

Giuliani responds to revelations of calls to OMB

First Read: Giuliani and Nunes star in latest Ukraine saga

The more we continue to learn from the Ukraine scandal, the more Rudy Giuliani and Devin Nunes continue to pop up.

That was the new revelation from the 300-page impeachment-inquiry report that Democrats on the House Intelligence Committee released on Tuesday.

The report contains call records — as early as from April — with Giuliani speaking with the White House’s Office of Management and Budget, and with Nunes, the ranking member of the House Intelligence Committee, speaking with Giuliani, plus recently indicted Lev Parnas.

Get First Read's take.

Dem thinking ahead of Judiciary impeachment inquiry hearing

Democratic staffers working on the impeachment inquiry told reporters Tuesday night what they expect  to explore in the Judiciary Committee's impeachment inquiry hearing on Wednesday:

"The framers established a standard for impeachment in the Constitution: treason bribery, or other high crimes and misdemeanors, and the purpose of the hearing tomorrow is to hear from some of our nation's top legal experts," the aides said. "We're going to explain the scope of that constitutional standard of impeachment, and how it applies to the president's conduct on the undisputed and extremely grave facts that have been found here.

"The hearing tomorrow will explore the extent to which is a powerful, powerful evidence we now have of the president's conduct implicates all of these dangers. You can think of them as the ABCs of high crimes and misdemeanors: abuses of power, betrayal of national security connected to foreign interest and corruption of our elections.

"We will certainly have a primary focus on the Intelligence Committee report but we will see what other information comes up tomorrow."

Counsel Norm Eisen will ask the questions on the Democratic side.