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Impeachment

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Gerhardt: Congress defines bribery

After much discussion over bribery at Wednesday's House Judiciary Committee impeachment hearing, Michael Gerhardt of the University of North Carolina Law School testified that bribery is defined by Congress, not the courts. Congressman Cedric Richmond (D-LA) asked the witnesses to comment on testimony from another witness, Jonathan Turley, a CBS News legal analyst and George Washington University law professor, who asserted that using public office for personal gain is a "viable impeachable offense." After all three remaining witnesses affirmed Turley's statement, Gerhardt said, "Much talk has been made here about the term bribery ... It's your job, it's the House's job, to define bribery, not the courts. You follow your judgement on that."

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Chabot: Avoid a party-line impeachment

Congressman Steve Chabot argued against a "party-line impeachment" during the House Judiciary Committee's impeachment hearing on Wednesday. "'We must not overturn an election and impeach a president without an overwhelming consensus of the American people,'" the Republican from Ohio said, quoting the committee's Democratic chairman, Jerry Nadler, during the impeachment of President Clinton. "... Well, what you said should never happen ... is exactly what you're doing now."

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Karlan: Trump is not a king

Pamela Karlan of Stanford Law School explained what makes President Trump different from a king during her testimony in front of the House Judiciary Committee on Wednesday. Congresswoman Sheila Jackson Lee asked Karlan what characteristics of kings influenced the Founding Fathers in shaping the Constitution. "Kings could do no wrong because the king's word was law," Karlan told the Democrat from Texas. "And, contrary to what President Trump has said, Article 2 does not give him the power to do anything he wants." She added an example: "While the president can name his son Barron, he can't actually make him a baron."

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Turley: I will speak for Madison

Congressman Doug Collins, the top Republican on the House Judiciary Committee, was taken aback by a response from Noah Feldman during Wednesday's impeachment hearing and appeared to imply that constitutional law experts should not interpret the Founding Fathers' words. "I think we just put in the jury pool the Founding Fathers and said what would they think? I don't think we have any idea what they would think," Collins said. "... To in some way insinuate … that the Founding Fathers would have found President Trump guilty is just simply malpractice." Jonathan Turley, a CBS News legal analyst and George Washington University law professor who was called by House Republicans, then defended his colleague's right to interpretation, jokingly replying, "First of all, only I will speak for James Madison. No, no, we all will speak for James Madison with about the same level of accuracy. It's a form of necromancy that academics do all the time."

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Turley criticizes Nixon impeachment article

Jonathan Turley, a CBS News legal analyst and George Washington University law professor, testified in front of the House Judiciary Committee on Wednesday that he strongly disagrees with one of the articles of impeachment against President Richard Nixon and, in turn, disagrees with its use as a basis for the impeachment inquiry into President Trump. "Citations have been made to the third article of the Nixon impeachment. First of all, I want to confess, I've been a critic of the third article of the Nixon impeachment my whole life. My hair catches on fire every time someone mentions the third article," Turley said. "Why? Because you would be replicating one of the worst articles written on impeachment." Turley added that, in order to give the impeachment process legitimacy, Mr. Trump should be allowed to fight requests from Congress in the courts. "In Nixon, it did go to the courts, and Nixon lost. And that was the reason Nixon resigned," Turley said.

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Turley: "This isn't improvisational jazz"

Jonathan Turley, a CBS News legal analyst and George Washington University law professor, diverged from his fellow witnesses when he testified in front of the House Judiciary Committee on Wednesday. Turley, who was invited by Republican committee members, said that the Constitution does not allow a "boundless interpretation" of bribery and accused pro-impeachment lawmakers, including House Intelligence Committee Chairman Adam Schiff, of using a liberal definition of bribery that includes the exchange of meetings for political gain. Turley referenced the 1948 Supreme Court case McDonald v. United States in making his point. "You cannot take the bribery crime and use what they called a 'boundless interpretation,'" he said. "... You can't accuse a president of bribery and then ... say, 'Well, it's just impeachment. We really don't have to prove the elements.' … This isn't improvisational jazz. Close enough is not good enough."

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Experts make case for and against impeachment

The House Judiciary Committee held its first impeachment hearing Wednesday, focusing on the constitutional arguments for and against impeachment. CBS News chief Washington correspondent Major Garrett, Wall Street Journal congressional reporter Siobhan Hughes, CBS News White House producer Fin Gomez and CBSN legal contributor and former New York County prosecutor Rebecca Roiphe joined "Red & Blue" with their takeaways from the hearing.

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Karlan quotes Brett Kavanaugh in testimony

Pamela Karlan of Stanford Law School quoted conservative Supreme Court Justice Brett Kavanaugh during her testimony in front of the House Judiciary Committee on Wednesday. "'It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of a democratic self-government,'" Karlan said, quoting Kavanaugh. "... Then-Judge, now Justice, Brett Kavanaugh was so correct in seeing this that the Supreme Court … summarily affirmed … that it's constitutional to keep foreigners out of our election process."

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Gerhardt: This is a turning point

Michael Gerhardt of the University of North Carolina Law School testified in front of the House Judiciary Committee on Wednesday that if Congress does not punish President Trump for his actions the power of the Constitution will erode. "I want to stress that if what we're talking about is not impeachable, then nothing is impeachable," Gerhardt said. "... If Congress concludes that they're going to give a pass to the president here … every other president will say, 'OK, then I can do the same thing.' The boundaries will just evaporate, and those boundaries are set up by the Constitution. We may be witnessing, unfortunately, their erosion. And that is a danger to all of us."

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Feldman: Impeachment is democratic

Noah Feldman of Harvard Law School testified in front of the House Judiciary Committee on Wednesday that, without the ability to impeach a president, we would not have democracy. "The abuse of power occurs when the president uses his office for personal advantage or gain," Feldman said. "That matters fundamentally to the American people because if we cannot impeach a president who abuses his office for personal advantage, we no longer live in a democracy, we live in a monarchy or we live under a dictatorship."

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3 experts say Trump committed impeachable act

Three of the constitutional law experts called before the House Judiciary Committee on Wednesday testified that they agree that "abuse of power" is an impeachable offense and that President Trump committed such an offense. Democratic counsel Norm Eisen asked the legal scholars called by House Democrats: "Did President Trump commit the impeachable high crime and misdemeanor of abuse of power?" Noah Feldman, Pamela Karlan and Michael Gerhardt all agreed that Mr. Trump is guilty of abuse of power. "We three are unanimous," Gerhardt said.

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Feldman: This is what the framers anticipated

Noah Feldman of Harvard Law School testified in front of the House Judiciary Committee on Wednesday that the framers of the Constitution created impeachment for actions that align "precisely" with what President Trump is accused of doing. "The framers reserved impeachment for situations where the president abused his office. … In particular, they were specifically worried about a situation where the president used his office to facilitate his own reelection," Feldman said. "... That is precisely what the framers anticipated."

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Day 6, Part 4: Karlan's opening statement

Pamela Karlan, the Kenneth and Harle Montgomery professor of public interest law and co-director of the Supreme Court Litigation Clinic at Stanford Law School, said Wednesday that President Trump's actions aided Russia, which interfered in the 2016 election. Karlan said Mr. Trump's behavior "shows a president who delayed meeting a foreign leader and providing assistance that Congress and his own advisers agreed served our national interest in promoting democracy and limiting Russian aggression." Watch her opening statement in the impeachment inquiry.

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Karlan: Trump doesn't care about Constitution

Pamela Karlan of Stanford Law School testified in front of the House Judiciary Committee on Wednesday that President Trump's actions amount to impeachable offenses because they show a disregard for the Constitution. "Saying, 'Russia, if you're listening,' ... a president who cared about the Constitution would say, 'Russia, if you're listening, butt out of our elections,'" Karlan said. "It shows a president who did this to strongarm a foreign leader into smearing one of the president's opponents in our ongoing election season. That is not politics as usual, at least not in the United States or any other mature democracy."

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Karlan "insulted" by Collins' suggestion

Pamela Karlan of Stanford Law School testified in front of the House Judiciary Committee during its first day of hearings in the impeachment inquiry into President Trump. During her opening statement, Karlan deviated from her prepared remarks in order to respond to an insuation from Congressman Doug Collins that the witnesses do not care about the facts. "Mr. Collins, I would like to say to you, sir, that I read transcripts of every one of the witnesses who appeared in the live hearing because I would not speak about these things without reviewing the facts, so I'm insulted at the suggestion that as a law professor I would not care about those facts," Karlan said. "Everything I read on those occasions tells me that when President Trump invited -- indeed, demanded -- foreign involvement in our upcoming election, he struck at the very heart of what makes this country the republic to which we pledge allegiance. That demand constituted an abuse of power."

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Feldman: Trump committed high crimes

Constitutional law expert Noah Feldman of Harvard Law School testified in front of the House Judiciary Committee on Wednesday that President Trump committed "impeachable high crimes and misdemeanors." During his opening statement, Feldman said that high crimes and misdemeanors are defined as "abuses of power and of public trust connected to the office of the presidency." Feldman then said Mr. Trump is guilty of these offenses because he solicited Ukrainian President Volodymyr Zelensky "to announce investigations of his political rivals in order to gain personal advantage, including in the 2020 presidential election."

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