How the House lost the witness battle along with impeachment

The media ignored the obvious catastrophic blunder by House Speaker Nancy Pelosi and her leadership. The media instead suggested that it was all some grand and brilliant scheme. They even credited the strategy with Bolton eventually coming forward to say he would testify with a subpoena, even though the same offer was made during the House investigation. The media also ignored the unexplained decision by the House to withdraw a subpoena for top Bolton aide Charles Kupperman, who went to court as a prerequisite for testimony, the same position taken by Bolton. Before the courts could even rule, the House mooted the case by withdrawing the subpoena. That made no sense, and the court dismissed the case after concluding that the House appeared to have no interest in the witness.

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No harm would have come from pursuing testimony by Kupperman. Yet lead House manager Adam Schiff offered a facially dubious explanation that Kupperman had said he would litigate the issue. If Kupperman truly wanted to drag out litigation, he could have refused to appear before the House and waited for it to seek to compel his testimony. Instead, he said he just wanted a court order in favor of testifying for his own protection. Moreover, House Democrats continued to seek to compel the testimony of former White House counsel Donald McGahn, despite his continued litigation. It won that case as the House was voting on impeachment.

As these blunders by the House became more and more obvious, all the efforts to excuse them became more and more absurd. One main defense heard in the media was that it did not matter, given the Senate Republican majority. Yet if the House was certain to lose on that record, why end the investigation prematurely with a case that would be so easy to defeat?

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