Following George Washington University law scholar Jonathan Turley's testimony at Wednesday's impeachment hearing, Fox News senior judicial analyst Judge Andrew Napolitano disagreed with his stated argument that President Trump had the authority to disregard a subpoena issued by Congress.
“He can't. That's what Richard Nixon, Bill Clinton and Andrew Johnson were charged with. ... You don’t have to comply with it, you have to challenge it or comply with it. Ignoring it is obstruction of Congress,” Napolitano told “Fox & Friends” on Thursday, refuting Turley’s point that Trump was justified in commanding members of the administration not to comply.
Napolitano went on to say, “Congress doesn’t need the court’s permission to serve a subpoena and it doesn’t need the courts' help in enforcing the subpoena. The courts have nothing to do with it, Congress makes the determination. We gave you the subpoena, you’re resisting us, that’s an impeachable offense. The House has voted that three times.”
The Democratic-controlled House Judiciary Committee moving to the forefront of Trump’s impeachment inquiry Wednesday with a hearing featuring four legal scholars, but no fact witnesses.
Committee lawmakers heard Wednesday from Stanford law professor Pamela Karlan, Harvard law professor and Bloomberg columnist Noah Feldman, University of North Carolina law professor Michael Gerhardt, and Turley. All were Democrat witnesses except for Turley.
In his opening statement, Turley told lawmakers that, while he is not a "supporter" of the president, he is concerned about the “integrity” of the impeachment process based on the case being built against Trump.
Napolitano said that overall, Turley made a "very credible case" against impeaching the president based on the current evidence and that not much changed following Wednesday's testimony. He said it now appears House Democrats will include in the articles of impeachment allegations from Robert Mueller on obstruction of justice.