Trump says he would challenge impeachment in Supreme Court

by Brett Samuels - 04/24/19 8:30 AM ET

President Trump on Wednesday said that he would attempt to challenge impeachment in the Supreme Court if Democrats carried out such proceedings, though it’s unclear the high court would hear such a case.

“The Mueller Report, despite being written by Angry Democrats and Trump Haters, and with unlimited money behind it ($35,000,000), didn’t lay a glove on me. I DID NOTHING WRONG,” Trump tweeted.

{mosads}”If the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court. Not only are there no ‘High Crimes and Misdemeanors,’ there are no Crimes by me at all,” he continued.

The president accused Democrats, Hillary Clinton and “dirty cops” of being guilty of criminal activity.

“We waited for Mueller and WON, so now the Dems look to Congress as last hope!” Trump concluded.

The Mueller Report, despite being written by Angry Democrats and Trump Haters, and with unlimited money behind it ($35,000,000), didn’t lay a glove on me. I DID NOTHING WRONG. If the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court. Not only……

— Donald J. Trump (@realDonaldTrump) April 24, 2019

…..are there no “High Crimes and Misdemeanors,” there are no Crimes by me at all. All of the Crimes were committed by Crooked Hillary, the Dems, the DNC and Dirty Cops – and we caught them in the act! We waited for Mueller and WON, so now the Dems look to Congress as last hope!

— Donald J. Trump (@realDonaldTrump) April 24, 2019

The House holds the power to carry out impeachment proceedings, while the Senate is responsible for whether to convict the individual in question. The chief justice of the Supreme Court, currently John Roberts, would preside over the Senate trial.

There is little precedent to support the idea of the Supreme Court weighing in on the merits of impeachment, as a sitting president has not previously challenged impeachment proceedings in the high court.

The Supreme Court ruled in the 1993 case of federal Judge Walter Nixon that whether the Senate properly conducted an impeachment trial was a political question, and therefore nonjusticiable.

Laurence Tribe, a constitutional law professor at Harvard University, rejected the possibility of Trump taking an impeachment to the Supreme Court.

“Not even a SCOTUS filled with Trump appointees would get in the way of the House or Senate, where [Chief Justice] Roberts would preside over Trump’s Impeachment Trial,” tweeted Tribe, an outspoken critic of the president.

Trump’s idiocy won’t serve him well as we move through the #impeachment process. Not even a SCOTUS filled with Trump appointees would get in the way of the House or Senate, where CJ Roberts would preside over Trump’s Impeachment Trial. My book with @JoshuaMatz8 lays it all out. https://t.co/eXTCX2wFnZ

— Laurence Tribe (@tribelaw) April 24, 2019

The president has been fixated in recent days on pushing back against the specter of impeachment proceedings, while maintaining that he is “not even a little bit” concerned about the possibility of removal from office.

Democratic leaders have largely said they don’t yet support starting the impeachment process, but remained open to the possibility in the wake of special counsel Robert Mueller’s full report.

In the partly redacted document, investigators did not establish that the Trump campaign colluded with the Russian government during the 2016 election, but did not exonerate Trump on the question of obstruction of justice.

Investigators instead detailed 10 episodes they reviewed for potential obstruction by the president, with Mueller saying that Congress has the authority to conduct potential obstruction probes.

Talk of whether to carry out impeachment hearings has split Democrats, and discussions have intensified in the aftermath of Mueller’s report.

“I do believe that impeachment is one of the most divisive forces, paths that we could go down to in our country,” Speaker Nancy Pelosi (D-Calif.) said Tuesday. “But if the facts, the path of fact-finding takes us there, we have no choice. But we’re not there yet.”

House Democrats have launched a flurry of investigations into the president, seeking to review his finances, potential abuse of power and corruption within the administration.

Trump later asserted in a pair of tweets that he had been cooperative with the Mueller investigation, and suggested Congress should focus on legislation instead of seeking additional information from the White House as part of its own probes.

“Millions of pages of documents were given to the Mueller Angry Dems, plus I allowed everyone to testify, including W.H. counsel. I didn’t have to do this, but now they want more,” Trump tweeted. “Congress has no time to legislate, they only want to continue the Witch Hunt, which I have already won. They should start looking at The Criminals who are already very well known to all. This was a Rigged System – WE WILL DRAIN THE SWAMP!”

Updated at 10:22 a.m.