Veteran prosecutors see a clear strategy in how Adam Schiff and his colleagues are approaching impeachment: Keep it simple, stupid
The Democrats’ drive to impeach Donald Trump was more ambition than reality before an anonymous whistleblower gave House investigators a far more straightforward case against the president.
But experienced litigators say it’s much easier to explain why it was an abuse of power for Trump to ask a foreign leader to dig up dirt on Joe Biden, which is why a narrow approach might work best.“The biggest insight I’ve had in trying complex cases is that you want to be the one telling the simple story, and you want the other side to be telling the complicated story,” said Renato Mariotti, a former federal prosecutor in the Northern District of Illinois.
Goldman, a former federal prosecutor in the Southern District of New York who oversaw prosecutions of Russian organized crime and successfully prosecuted members of the Genovese crime family, was hired by Schiff—himself a former prosecutor—in March when the panel was still closely scrutinizing Trump’s ties to Russia.
Legal experts often note that an impeachment inquiry is a political rather than a criminal process, and caution against framing the inquiry in terms of crimes the president may have committed, or specific statutes he might have violated. The current private, investigative phase of the impeachment inquiry has been compared to the grand jury process in a criminal proceeding, where witnesses are called in secret and evidence is compiled by prosecutors. Republicans have criticized this approach, accusing Democrats of conducting a secret inquiry that deprives Trump of due process.
Goldman’s first question to Yovanovitch was when she initially became aware that Giuliani “had an interest in or was communicating with anyone in Ukraine.” He later asked whether Ukrainian government officials were aware of Giuliani’s connection to Trump, and whether with the benefit of hindsight, she could describe how the shadow campaign affected the State Department’s official Ukraine policy that Yovanovitch was charged with carrying out.
The president, meanwhile, has remained fixated on the call and the whistleblower who first raised alarms about it, and has treated his conversation with Zelensky as if it is the only evidence investigators have gathered as part of the impeachment inquiry. The transcripts of some of those depositions are now public, with more on the way. Both Yovanovitch and McKinley testified that they believed Yovanovitch was removed as part of the shadow campaign Trump’s allies were running to extract political favors from Kyiv.
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