What the first public impeachment hearing tells us about the path forward
Washington (CNN)The first public impeachment hearing on Wednesday lived up to the hype, and the daylong affair gave both parties plenty to chew on as the inquiry moves forward.
The senior US diplomat in Ukraine, Bill Taylor, and a senior State Department official overseeing Ukraine policy, George Kent,
testified before the House Intelligence Committee for hours in front of
cameras. They repeated many of the same points they had made during
private depositions last month.
The hearing was the first public display of allegations against
President Donald Trump that he abused his powers to seek political
favors from the Ukrainian government. Democrats extracted helpful
answers from Taylor and Kent that they'll surely use if they start
drafting articles of impeachment against the President.
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Republicans
also landed some punches, needling both witnesses over their lack of
direct contact with Trump. But other players scheduled to tell their
stories on Capitol Hill had direct contact with Trump, raising the
stakes for their testimony.
Here's
what we learned Wednesday, and what it means for the next steps, as
additional witnesses are slated for private interviews and public
hearings in the coming days.
New evidence against Trump
Taylor told lawmakers about another conversation when
Trump again voiced his desire to push the Ukrainians to publicly
announce investigations -- which would give his 2020 campaign a boost.
This
conversation gets at a key question of the inquiry: What was Trump
telling top US diplomats working on Ukraine policy? He was told that
Ukrainians were ready to "move forward" on those investigations, during a
phone call with US Ambassador to the European Union Gordon Sondland, which Taylor's aide overheard at a restaurant in Kiev and relayed to his boss.
That conversation was on July 26, one day after Trump's call with
Ukrainian President Volodymyr Zelensky, where he pressed Zelensky to
investigate former Vice President Joe Biden and his son Hunter Biden.
Taylor
said his aide also asked Sondland what Trump thought of Ukraine.
Sondland replied that Trump "cares more about the investigations of
Biden, which Giuliani was pressing for."
David
Holmes, Taylor's aide who overheard Trump asking about the
investigations and asked Sondland about Trump's views on Ukraine, will
provide closed-door testimony as part of the House impeachment inquiry
on Friday.
Trump's talking points are being contradicted
Trump's
favorite talking points on Ukraine are being disputed. This was clear
from earlier deposition transcripts, it happened on Wednesday and will
likely continue in future hearings.
Kent
testified that Trump was "trying to dig up dirt" on a political rival,
rebutting Trump's claim that he was fighting corruption in Ukraine.
Taylor said there was "no good policy reason" and "no good national
security reason" for Trump to withhold US military assistance from
Ukraine, even though the White House argued there were legitimate
reasons to do so over the summer.
Both men also said they are not "never Trumpers." Trump has levied these accusations against Taylor, and tweeted "NEVER TRUMPERS!" hours before the hearing began on Wednesday.
The GOP is leaning into conspiracy theories
Rep. Devin Nunes of California, the top Republican on the committee, did what he has done for years and leaned heavily into debunked conspiracy theories during his opening statement. He referenced the Trump-Russia dossier and the opposition research firm Fusion GPS.
He repeatedly stated that
Democratic operatives had colluded with Ukraine to meddle in the 2016
election and defeat Trump, though several key witnesses have already
testified that this is not true.
The
fact-free approach puzzled the witnesses, and didn't seem effective,
though it could gain traction in right-wing outlets that are friendly to
the President. Other GOP lawmakers used their time to poke holes in the
allegations against Trump and to point out that neither of the
witnesses had any firsthand conversations with the President. That
looked like a wiser strategy.
Split verdict on staff lawyers' questioning
High-profile
congressional hearings have been something of a subplot to Trump's
presidency: former FBI Director James Comey, Supreme Court Justice Brett
Kavanaugh, special counsel Robert Mueller. Most have been marked by
theatrics from lawmakers eager to make a splash during their
questioning, rather than suss out information from their witnesses.
Wednesday, at least initially, was different. Democratic and Republican staff lawyers led
the questioning, which tamped down the circus-like atmosphere. Daniel
Goldman, the Democratic attorney, sought to build out a narrative from
the witnesses about the delay in aid to Ukraine. Republican Steve
Castor's questioning was bumpier, drawing sometimes bewildered looks
from the witnesses.
Eventually,
lawmakers took over — and the dramatics began, particularly from
Republicans, who used their time to make extended statements about the
whistleblower. By most accounts, the Republican lawmakers fared better
than Castor in driving home their points. The question going forward is
whether the GOP side will stick to the lawyer strategy or adopt a
different approach.
Mulvaney still at the center of the storm
Acting
White House chief of staff Mick Mulvaney's name arose at several points
in Wednesday's hearing. He was identified by the witnesses as a central
player in the decision to withhold US assistance to Ukraine. And the October news conference in which he acknowledged a quid pro quo was mentioned as well. (Mulvaney later denied he had said that).
It's
an indication Democrats are intent on further probing Mulvaney's role
in the alleged scheme to pressure Ukraine into investigating Trump's
political rivals. Mulvaney has defied a subpoena to appear before the
committees, and created internal White House angst at his legal maneuverings to avoid testifying.
As
Republicans argue that witnesses like Kent and Taylor are relaying
second- and third-hand information, the urgency only increases to hear
from witnesses, like Mulvaney, who can get them closer to Trump.
Mulvaney
told reporters last month to "get over it," referring to the alleged
quid pro quo, and said "there's going to be political influence in
foreign policy." But Taylor told lawmakers that in his 50 years of
public service, he had never seen another example of foreign aid being
conditioned on the personal or political interests of a president.
The stakes are rising for Sondland
Sondland's direct conversations with Trump will face new scrutiny after Wednesday's testimony.
Taylor
said that his aide had overheard that direct conversation between
Sondland and Trump in which the President asked for an update on the
Ukrainians announcing investigations. GOP lawmakers repeatedly described
Taylor's testimony as a secondhand retelling of things that he had
heard from others -- some suggested it wouldn't be admissible evidence
at a criminal trial.
Sondland is known for having a direct line to Trump. During his closed-door testimony he
told lawmakers about a conversation with Trump on July 26 when he was
in Kiev. He called it "short" and "nonsubstantive." He also claimed the
conversation did not have anything to do with the Trump-Zelensky phone
call the day before.
But there are
overlapping elements of the discussions. On the July 25 call, Trump
also mentioned the investigations he wanted the Ukrainians to pursue.
Sondland
will also be asked about his determination that Trump "cares more"
about investigations of Biden than Ukraine policy. Taylor revealed that
Sondland had spoken with Trump at least once on his cell phone in a
public setting -- where they could be overheard by anyone -- which may
also prompt further questions about Sondland's tradecraft and digital
security.
The Democrats' case is still complicated
After the Russia investigation wrapped up in March, key Democrats observed that Mueller's findings and 448-page report were
probably too complicated to sell to the American people. There was no
groundswell for impeachment among public opinion or in the Democratic
ranks.
House
Speaker Nancy Pelosi and others felt that the Ukraine issue was
different -- a clear and simple abuse of power -- and Democrats launched the impeachment inquiry in September.
But
the case has become complicated, with thousands of pages of depositions
piling up, and public hearings dragging on for hours. Most Americans
don't know the Ukrainians involved. Nothing is simple, and Democrats
might struggle to make this digestible again.
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