House Speaker Nancy Pelosi has said publically that Democrats are “fighting in court” to force impeachment witnesses who defied congressional subpoenas related to Ukraine to testify, but the Washington Examiner, and other news outlets thus far, cannot find any court cases against the four key figures that back up her statements.
Pelosi made the misleading claim in an ABC interview Sunday in response to comments made by Republican Sen. Susan Collins of Maine, saying that “the House chose not to go to court to enforce its subpoenas, so there are gaps in what the House has sent us.” When shown a clip of that statement on the show, Pelosi said, “That isn’t even true. We are in court on the witnesses. It could take a very long time.”
But no Ukraine controversy figures, including none of the four impeachment trial witnesses requested by Democratic Senate Minority Leader Chuck Schumer — White House chief of staff Mick Mulvaney, former Mulvaney senior adviser Robert Blair, Office of Management and Budget official Mike Duffey, and former national security adviser John Bolton — have been brought to court by Democrats to enforce the subpoenas they ignored, and Bolton was never subpoenaed at all.
President Trump lawyer Rudy Giuliani also refused to comply with congressional subpoenas, and Democrats said they didn’t need his testimony to make their case and moved ahead with impeachment without it.
In fact, the only two high-profile appeals court cases being pursued by Democrats are related to grand jury material from special counsel Robert Mueller’s two-year Trump-Russia investigation and the desire to push former White House counsel Don McGahn to testify about events within Mueller’s report such as allegations of obstruction of justice.
One of the two articles of impeachment approved by the Democrats relates to Trump’s alleged obstruction of Congress. Thus far, Republican Senate Majority Leader Mitch McConnell of Kentucky has not granted any Democratic witness requests. Pelosi has been holding onto the articles of impeachment for weeks but is expected to send them over to the Senate soon.
When asked by ABC Host, George Stephanopoulos, to clarify her statement, and who was being taken to court, she doubled-down on her lies.
“Well, but, on the other witnesses, we have been in court,” Pelosi said. “And we haven’t eliminated the possibility of a subpoena going forward on Bolton, but he has said in this two-week period — as another piece of progress that we made — that he would respond to a subpoena from the United States Senate.”
But, again, no records of any such court filings exist. In fact, Democrats went as far as to withdraw the subpoena they’d issued against Bolton deputy, Charles Kupperman, when he asked the courts to decide whether he should comply with the congressional subpoena or with Trump’s instruction not to appear, and Democrats and the DOJ successfully convinced the judge to dismiss the case as moot.