I have written that the case for impeachment could be greatly enhanced by the witnesses not subpoenaed by the House. Democrats burned two months during which they could have subpoenaed and litigated access to Bolton as well as Trump attorney Rudy Giuliani, Vice President Mike Pence, Secretary of State Mike Pompeo and others. Schiff has simply said that he refuses to be tied up in the courts. However, a lower court decision that former White House counsel Don McGahn should testify on the Russian matters shows that the courts are indeed ready to issue such orders.

With impeachment, such review can be expedited. Yet Democrats chose not to go to court even though the refusal of an order would be a clear obstruction case if not stayed by a higher court. It is difficult to see the “devastating” aspect of such an incomplete record against Trump as it exists today, let alone the claim that Trump has “out-Nixoned” Nixon. That is why, whatever “this” is, in the words of Schiff, it is not Watergate. That does not mean it is not impeachable, but the House will have to build its case to that level, not lower historical impeachments to “this” level.