This Week in Impeachment: Why Can't Republicans Agree on What Happened with Ukraine?

According to a durable truism of American politics, Republicans find it much easier than Democrats to unite around a single political message. Not all nuggets of conventional wisdom are reliably accurate, but this one has substantial truth behind it: the collective self-definition of the Republican Party as the agent of an ideological movement makes it easier for Republicans to employ a common set of rhetorical themes, while the more coalitional Democrats are routinely speaking to multiple audiences at once. As one satirical headline from The Onion put it, "Democrats Unveil 324 Million New Slogans to Appeal to Each U.S. Resident Individually."

When it comes to the current impeachment inquiry, however, it's the Democrats who are collectively presenting a single theory of the case and the Republicans who are trying, so far unsuccessfully, to find consensus on an alternative argument. The events of this week illustrate the extent of this challenge, and the main sources from which Republican difficulties spring.

Republicans on the House Intelligence Committee came to Friday's public testimony of former ambassador Marie Yovanovitch with a clear message for the day's session: that Adam Schiff was a liar running an unfairly partisan inquiry. To this end, they took turns reading into the record previous public statements by Schiff that he would seek testimony from the whistleblower whose actions alerted Congress to the Ukraine affair. (Democrats have been abandoning these promises lately as they have found other witnesses willing to corroborate many of the claims in the whistleblower's original complaint.) Republicans also executed a procedural set piece—one of those almost-clever public stunts of which both parties are excessively fond when relegated to the minority—in which Rep. Elise Stefanik began speaking out of order, provoking Schiff to interrupt and deny her recognition; Stefanik and her colleagues then claimed that Schiff was abusing his authority in order to silence the only Republican woman on the committee.

The assumption behind this particular exercise was that Yovanovitch's testimony would not in itself be deemed particularly newsworthy by the press (she had no direct contact with the president, and her deposition in closed session had already been released), leaving partisan sparks on the committee to represent reporters' biggest takeaway from the day's proceedings. But President Trump foiled this strategy almost immediately by launching personal Twitter attacks on Yovanovitch that were soon echoed by his son Donald Trump Jr., stepping all over congressional Republicans' decision to treat her as a well-meaning but ephemeral public servant who was being misused by the real villains, the Democrats. Once Schiff read the president's words to Yovanovitch and invited her to reply, it was clear what the day's biggest media story would be. Republicans, normally reluctant to criticize Trump in public, didn't bother in this case to hide their frustration with his behavior.

Is impeachment a partisan witch hunt using career bureaucrats as dupes, or is it a deep state conspiracy in which they too are implicated? Is Ukraine a loyal ally deserving of the American military assistance that the Trump administration ultimately authorized in September, or did it treacherously intervene in the 2016 election on behalf of Hillary Clinton? Did the temporary withholding of aid have nothing whatsoever to do with Joe and Hunter Biden, or was it a proper point of leverage to force Ukraine to crack down on the kind of corruption that the Bidens supposedly personify? Were Rudy Giuliani and Gordon Sondland freelancing without Trump's knowledge or approval, or were they carrying out a plan masterminded by the president? Are the executive's constitutional powers so vast in the realm of foreign policy that no presidential act involving another nation could possibly be an impeachable offense?

It's increasingly clear that there is no common set of answers to these questions that both the White House and the congressional GOP can agree on—and stick to. Part of the problem is that Trump is willing to give up a lot of valuable factual ground as long as the normative defense of his actions remains absolute: celebrate him for committing murder and he'll thank you, but woe to the person who mildly criticizes him for jaywalking. Trump's inability to identify strategically counterproductive arguments on his own behalf has already caused him damage on the Ukraine affair. After all, the precipitating event that gave House Democrats a numerical majority supporting the pursuit of impeachment was Trump freely acknowledging to reporters that he had mentioned the Bidens in his July phone call with the Ukranian president.

Republicans' inability to settle on a single overaching defense that fits the uncontested facts of the case isn't likely to shake the loyalties of Trump supporters in the conservative media universe and the mass electorate. But it still makes a difference. Attentive elites in government and in the mainstream media are paying close attention to the impeachment process, and are sensitive to the quality of evidence and debate on both sides. So far, the prevailing view holds that Trump was, at least, up to something fishy with respect to Ukraine that justifies serious congressional examination. This judgment has noticeably colored press coverage and commentary; several journalists opined that the past week was one of the worst of Trump's entire presidency in part because of the effectiveness of the public hearings that began on Wednesday.

The media's reaction to Elise Stefanik's behavior on Friday was especially telling. Up until now, Stefanik has enjoyed a status as a bit of a press darling; as one of the few young Republican women in high-level political office and as a relative ideological moderate, she has regularly received positive coverage as the media-anointed face of a more "modern" Republican Party of the future (a role previously filled by figures like Bobby Jindal, Marco Rubio, and Nikki Haley). If the Washington community saw the Democrats' march toward impeachment as a stretch on the merits or a loser on the politics, journalists would have treated Stefanik's gamed-out attack on Schiff as a savvy maneuver or the raising of a fair procedural point, rather than as an attempted distraction by an ambitious Republican merely trying to ingratiate herself with a Trump-dominated party.

There are plenty of understandable reasons why the White House has prevented many potential witnesses from participating in the congressional investigation, and—given what we know—it may well be that Trump's political interests would not, on the whole, be served by honest testimony under oath by his subordinates. Yet one cost to this blockade policy is that there will be few witnesses in these open hearings with the motivation to mount a defense of the president built on their own authority as members of his administration and firsthand participants in the development of Ukraine policy. This unfilled space places even more weight on congressional Republicans, who must advance exculpatory arguments themselves rather than allow them to arise from the testimony of sympathetic executive branch officials. Perhaps it shouldn't be surprising, then, that the pro-Trump case so far is lacking the ideal amount of internal coherence.

This Week in Impeachment: The End of the Beginning and the Beginning of the End

This week was the quietest, politically speaking, since Nancy Pelosi's announcement on September 24 that the House of Representatives was moving toward impeachment of the president. The most notable development was Adam Schiff's disclosure on Wednesday that the House was moving from private interviews to public hearings beginning next week, scheduling American ambassador to Ukraine Bill Taylor and former ambassador Marie Yovanovitch to testify in open session.

This announcement signals that the fact-finding component of the House investigation is mostly completed. Taylor and Yovanovitch have already met with the committees leading the inquiry in closed session, and these depositions were recently released to the public. Their repeat appearances next week in the presence of reporters and television cameras will generate media publicity, but the public hearings attended by witnesses who already met with the committees are unlikely to uncover any major new facts that were not already brought to light by the skilled professional staff who led the questioning in private. There are other figures who might have further information about the Ukraine matter who are ignoring House subpoenas to testify, from John Bolton to Mick Mulvaney, but Pelosi and Schiff seem to have decided that they are unwilling to wait for the federal judiciary to sort out the validity of these refusals before proceeding.

It may seem premature for the House to already move into the next phase of the impeachment process. But despite the charged partisan conflict over impeachment, most of the factual record upon which it is based is not really in serious dispute. Democrats seem convinced that they've already seen enough to impeach the president. Republicans continue to oppose impeachment, but the defense is starting to shift under the weight of the evidence already presented from a blanket denial that there was a quid pro quo with the Ukrainian government to a position that said quid pro quo was either an acceptable and unremarkable tool of American foreign policy, or that it was possibly troubling but not an impeachment-level offense. The Washington Post reported on Thursday that some congressional Republicans may attempt to defend Trump from impeachment by acknowledging that improper acts occurred, but that they were committed by underlings without the president's direction or knowledge.

The impeachment process may not have yet reached its halfway point in terms of the congressional calendar; especially given the upcoming holiday recesses, it's tough to see how it won't spill over into 2020 if the Senate has to conduct a trial. But the broad political outlines have become clear. Except for a handful of scattered critics, Republicans remain publicly loyal to the president (even if they are frequently critical, even furious, when off the record). Democratic support for impeachment appears at least equally solid; nothing in the results of Tuesday's off-year elections will cause Democratic leaders to worry about an emerging popular backlash. The upcoming public hearings and debates will be full of partisan fireworks, but few minds are likely to change from now on unless a new bombshell revelation appears from an unexpected source. It seems that we've already reached the end of the beginning—and the beginning of the end.

This Week in Impeachment: Republicans Want to Make Impeachment About Schiff, Not Trump

As it enters its second month, the impeachment inquiry is starting to strain the internal cohesion of the Republican Party. Damaging revelations about the Ukraine affair continued to trickle out this week from media reports and the House investigation, making congressional Republicans increasingly reluctant to defend the president's behavior on the merits.

On Tuesday, a reporter asked Mitch McConnell about Donald Trump's claim that McConnell had privately agreed that Trump's July 25 phone call with the Ukrainian president was "perfect." McConnell responded by denying any memory of his supposed praise of the president and notably passed on the opportunity provided by the question to confirm that he indeed approved of Trump's handling of the Ukraine issue. Public silence, often justified by claimed ignorance of the latest disclosures, has become Republican politicians' favored response to recent developments; as one reporter wryly remarked on Wednesday, "Once again a surprising number of Republicans are unfamiliar with the biggest story in DC." Many senators, perhaps with some relief, have fallen back on the excuse that, as potential "jurors" in an impeachment trial, it would be inappropriate for them to comment on the emerging factual record.

The Trump team has noticed. "Republicans have to get tougher and fight," Trump complained during his televised Cabinet meeting on Monday. The following day, Donald Trump Jr. criticized Lindsey Graham on Twitter for being insufficently visible in support of the president. A Daily Beast article published Tuesday night described a presidential administration and congressional party that had grown annoyed at each other, with a Senate aide suggesting that there was "very little appetite" among Republican senators for "defending the indefensible." The lack of a "war room" inside the White House for developing and disseminating a common set of talking points continues to frustrate many Republicans on the Hill; ex-John Boehner spokesman Michael Steel told the Washington Post that "in this situation, when only the president and his personal attorney seem to have all the facts, it's hard to have a coordinated defense."

But there are plenty of arguments against Trump's impeachment already in circulation; the president's own Twitter feed is an especially fertile source. The problem is that many congressional Republicans aren't comfortable staking their own credibility on any factual claim made by Trump, or committing to a specific line of defense that may later be abandoned without warning. When Republicans push for a counter-impeachment war room in the White House, they're really asking for a professional political shop in which strategy and communications are overseen by someone whom they trust to recognize their own political interest—in other words, someone other than the president.

Unsurprisingly, Republicans would rather discuss the behavior of the Democratic opposition. On Wednesday, a bloc of House conservatives led by Matt Gaetz of Florida disrupted the closed-door witness interviews organized by Democratic commitee chairs by crashing one of the meetings and occupying the hearing room for about five hours. This protest proceeded with the apparent approval of the president and the House Republican leadership; minority whip Steve Scalise of Louisiana was one of the participants. The following day, McConnell and Graham introduced a resolution co-sponsored by most Republican senators accusing House Democrats of violating Trump's due process rights and granting House Republicans insufficient procedural privileges.

Shifting the subject of debate from Donald Trump to Adam Schiff solves some problems for Republicans. Rather than struggling to justify Trump's Ukraine policy or to explain away the well-documented concerns of credible witnesses like Fiona Hill and Bill Taylor, Republican members can return to the safer ground of partisan grievance. It also promotes party unity: Republicans may differ considerably among themselves over what they think of Trump, but none of them is predisposed to sympathize with Schiff. And it's simply more fun to be on offense than on defense, to be firing charges at others rather than trying to swat them away.

Yet there are costs as well. Some of the most common current complaints about the Democrats' handling of impeachment might become moot as events move along. The two major lines of attack at the moment are that access to witness depositions is restricted to the membership of the relevant House committees and that the House has not voted to authorize an impeachment inquiry. But today's private sessions will be succeeded by tomorrow's public hearings, and the House may well vote eventually to formalize the inquiry. By the time that House members actually consider articles of impeachment weeks or months from now, these objections will have lost much of their potency.

And when Republicans focus their energies on making the procedural case against Schiff, they risk failing to invest in disputing the substantive case against Trump—which potentially surrenders a lot of valuable ground to the pro-impeachment side. As one Republican source told CNN, "We can't defend the substance [so] all we do is talk about process." But Americans usually don’t care much about process disputes, whatever the merits of these disputes might be. Trump is right to worry that if many of his fellow Republicans are unwilling to confidently assure the public of his innocence, the public may draw the natural conclusion that he must have done something seriously wrong.