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The logic of Jackson’s sweeping ruling that White House aides must answer congressional subpoenas to testify applies to former national security adviser John Bolton’s possible testimony before the House Intelligence Committee as well.
While the committee has requested Bolton’s testimony, it is not currently pursuing a subpoena in court. With Jackson’s ruling, they should, immediately.
So why do the Democrats seem reluctant to pursue him?
The last investigation of similar scope of a Republican president and his administration by a Democratic Congress was the Iran-Contra Affair, when both the House and Senate launched a joint investigation in January 1987. Similar to the plan now the idea had been that the special committees created would investigate fully and, if the evidence warranted, present their findings to the House Judiciary Committee for articles of impeachment against President Ronald Reagan.
That all changed with the testimony of Lt. Col Oliver North. North successfully turned what had been until then a fact-based sober inquiry into a media circus. Wearing his Army uniform (and patriotism on his sleeve), and with unquestionable charisma, North gave a remarkable performance. He successfully became the victim simply by trying to do, as he portrayed it, the right thing as a patriot.
After North’s testimony, the Iran-Contra committees never regained their footing. Public opinion swung back in the President’s favor and at a meeting of the House Iran-Contra committee members, the goal of investigating Reagan further, never mind a possible impeachment, was summarily dropped.
No doubt the specter of a North like appearance by Bolton now makes the House Intelligence Committee gun-shy.
It shouldn’t.
While the effect of Bolton’s testimony is hard to gauge in advance, the House is much better off knowing what he has to say before articles of impeachment are considered rather than after.
If the testimony reveals deeper and incontrovertible involvement by Trump in the Ukraine quid pro quo — does not the country deserve to know?
If on the other hand, Bolton becomes the Oliver North of our times, would not Congress and the public be better off evaluating that fact before impeachment is considered by the House Judiciary Committee?
Yet a delay of a month or more waiting for a court ruling should not dictate closing the inquiry when a witness as important as Bolton remains to be heard.
The House should proceed now.
The irony is that Judge Leon was a Republican counsel and my counterpart on the House Iran-Contra Committee.
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