If McConnell’s judgment is accurate—and there is no reason to doubt Senator McConnell’s abilities as a caucus leader and shrewd counter of votes—the Speaker of the House Nancy Pelosi should immediately suspend the impeachment process in the House and hold it in abeyance until more significant witnesses come forward. I have in mind those witnesses who can testify first-hand as to the president’s intentions and actions, for example, Secretary of State Mike Pompeo, former national security adviser John Bolton, former secretary of Energy Rick Perry, Chief of staff Mick Mulvaney and former chief of staff John Kelly, former White House counsel Don McGahn and the president’s personal lawyer, Rudy Giuliani.
If they come forward voluntarily, without being subpoenaed, the process of impeachment can re-start; if subpoenaed, they refuse to testify, the federal courts should be enlisted to enforce the subpoenas. That Congress has the power to enforce its subpoenas is clear. Even if the district court were to slow-ball the proceedings, there is good reason to believe that the D.C. Circuit Court would entertain an expedited appeal. If the President thinks the conservative majority of the U.S. Supreme Court will protect him and overrule U.S. v. Nixon’s recognition of a sharply qualified privilege of executive immunity, he has been sadly misinformed. The constitutional investigative powers of the House are at their zenith in an impeachment inquiry following the adoption of a bill authorizing such investigations like the one passed in November, and thus its chances of success in the courts are also at their highest.
Waiting for these testimonies is the only realistic way to achieve a greater consensus among the public.