On impeachment, Congress struggles with an obstructive president

GORDON SONDLAND, America’s ambassador to the European Union (EU) and author of lawyerly texts denying “quid pro quo’s of any kind” between Mr Trump and Ukraine’s president, was due to testify before the three House committees on October 8th. That morning, in a tweet that showed he shared his ambassador’s fondness for errant apostrophes, the president blocked Mr Sondland from appearing before “a totally compromised kangaroo court, where Republican’s rights have been taken away.” Pat Cipollone, the White House counsel, later broadened this recalcitrance. The executive branch could not “be expected to participate in” the House’s impeachment inquiry, which he called a “highly partisan and unconstitutional effort”. Where does that leave Congress?

As a matter of law, Mr Cipollone is wrong: the constitution gives the House of Representatives “the sole power of impeachment”. Mr Cipollone complained that the president cannot cross-examine witnesses or see the evidence against him. That misunderstands the process. In an impeachment proceeding the House plays the role of a grand jury, evaluating evidence and weighing whether to indict. The president mounts a defence in the Senate trial.