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Silverman: For Democrats building an impeachment case: Keep working, and wait for it.

Jonathan Turley is right. So was Alexander Hamilton. Listen up, U.S. House. Take a break. Go see the play, HamiltonLet Newt Gingrich and the GOP have a merry Christmas

While Newt eggnogs, Nancy Pelosi’s team must find ways to deliver a winning impeachment case. It would be foolish to turn the matter over to the Senate now, Dems. You don’t have the votes.  

Key witnesses are out there who may be compelled to testify. With judicial approval, John Bolton may be itching to tell all regarding the drug deal he witnessed

Craig Silverman

Bolton’s testimony about awful antics by POTUS and his lackeys, Perry, Mulvaney, Sondland and Giuliani (the human hand grenade) could be decisive.

House Dems must now litigate, and for many months, if necessary. Fight in the courts for all the witnesses and documents needed, including Trump’s tax returns. 

If the courts won’t validate legislative subpoenas and House impeachment powers, then we may be finished as a republic. No more checks and balances. Hello authoritarianism. Goodbye freedom.

But if the judicial branch weighs in, as it should, on the side of the Constitution, that could be decisive. This impeachment case should not go to the Senate until the courts act forcefully, as did U.S. District Court Judge Ketanji Brown Jackson, who made clear the contempt she had for this president’s monarchial arguments

Note the progress made last week when Trump’s star witness, Jonathan Turley, distanced himself from the president’s claim he made a perfect call to Ukrainian President Volodymyr Zelensky. Further, Professor Turley does not claim this Ukrainian Shakedown investigation is a sham or a hoax.  

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Neither did Rep. Ken Buck who made interesting use of his time, pointing out alleged abuses of power by Dem presidents LBJ, JFK, FDR and BHO that did not lead to impeachment. More progress. 

No coup talk from this former prosecutor and current chair of the Colorado GOP. Instead, we heard a tacit admission of Trump misconduct, and possible abuse of power, capped by a plea for leniency afforded other presidents.

The obstruction of justice case may be a slam dunk against POTUS, but only after the courts weigh in. Why send the case now to certain death at a Senate trial? Allow time for more damning revelations from ongoing investigations, and/or mistakes by Team Trump. Rudy, Lev, and The Donald will keep talking and tweeting. So will others. More truth will emerge this winter.

This spring, the Dem field will be more clarified, and Joe Biden eliminated. After this week’s addled fat Jack insult hurled by Joe at an Iowan octogenarian, “he’s never gonn’ be president now. “ 

Joe won’t go till the voters say no, which they will. Biden is a painful distraction in this Ukrainian Shakedown. With Biden gone, Buttigieg, Klobachar and Bloomberg are equipped to bring harsh impeachment facts to bear against Trump on the campaign trail.

Similarly, Chairman Jerry Nadler’s just not right as lead prosecutor. He’s too curmudgeonly and tainted by his outsized Clinton impeachment defense role. Let the standout Dems rise up and be the public faces of the Judiciary Committee, led by the supremely composed, outstanding NYC litigator, Rep. Hakeem Jeffries.  

Denver attorney Joe Neguse is an elequent and telegenic talent.  This first-term Colorado congressman made excellent use of his five minutes, emphasizing the presidential pattern of witness intimidation, obstruction and harassment.

Neguse excoriated Trump’s tweet smear of Ambassador Marie Yovanovitch, the “human scum” label Trump put on Ambassador William Taylor, and the not-so-veiled presidential death threat against the Whistleblower. 

Philadelphia lawyer Rep. Mary Gay Scanlon was also terrific as she highlighted pattern crime evidence linking Ukrainian obstruction to prior Russian shenanigans. These three fresh-faced legislators could lead the Judiciary Committee to victory.

The Ukrainian Shakedown is enough for me to impeach and remove, but not for more important people like Sen. Cory Gardner. Dems need to give the Senate more. Throw in the kitchen sink. Put on evidence of the repeated criminality and obstruction by the president since he took office.  

Don’t hold back. When you go after the king, best not miss. Do not throw away your shot to utilize the impeachment/removal mechanism Alexander Hamilton and his brethren provided. Our founders contemplated just such a self-centered president willing to sell out to a foreign country and cheat to win elections. 

Keep building the case as Turley suggests. Look at all legitimate charges, including the Stormy Daniels hush money payback checks written in the White House by Individual One (Trump). Something similar destroyed the presidential chances for our nation’s ten dollar founding father. (Alexander Hamilton had a torrid affair. And he wrote it down right there. )

Charge Trump for his attempt to have the G-7 at Trump Doral. Criminal Law 101. An attempt to commit a crime is a crime. All you need prove is a substantial step toward breaking the law. Or here, the Constitution. Don’t be thrown off by Trump calling it a phony Emoluments Clause. It’s right there in the Constitution.   

Speaker Pelosi has repeatedly made the bold claim that “all roads lead to Putin.” Prove that, and it should resonate with the American people, and Republicans like Cory Gardner.

Don’t throw away your one shot, Dems. You’ve issued a nice report, but why do you write like you’re running out of time? Being correct is not enough. More evidence is out there. Keep working. Wait for it.  

It must be nice to have Hamilton on your side, but that’s also insufficient. Five to 10% more of the American people need to be satisfied. Then, let’s get a new president who respects our Constitution and the rule of law. 

When that happens, we can all raise a glass to freedom, something they can never take away. 

Craig Silverman is a former Denver Chief Deputy DA who also has worked in the media for decades. Craig is columnist at large for The Colorado Sun. He practices law at the Denver law firm of Springer & Steinberg, P.C.