Donald Trump is now openly taunting Nancy Pelosi for refusing to impeach him.
It has always been the case that, in any legal dispute between the House and Trump, of which many are piling up, the House will have much the strongest position if it declares an impeachment investigation. This is one of many, perhaps the best, reason for the House to declare an impeachment investigation.
Remember, way back in April, when the House Oversight Committee actually did something! Amazing. They issued a subpoena to Mazars, an accounting firm Trump has used, ordering them to turn over financial records for Trump that they have. Trump sued, claiming that the House had no legitimate purpose for the subpoena, which the judge should quash, or declare invalid.
The judge refused to do so, citing lots of Supreme Court decisions finding that the power of Congress to legislate, which the Constitution plainly gives it, necessarily includes the power to gather information, and that Congress also has the power to investigate corruption in government.
Specifically with respect to impeachment, the Constitution gives the House “the sole power of impeachment,” so it stands to reason that they also have the power to investigate pursuant to an impeachment, even if they have not expressly claimed that purpose.
Now, on appeal, Trump’s lawyers have claimed that, because the House has not declared an impeachment, it is not within the power of the judge to invoke that power on their behalf.
This is only one of several legal arguments in the case, and the House, overall, has a very strong case. But there is no good reason not to present the strongest possible case.
That would require the declaration of an impeachment investigation. We do not now know exactly where that investigation might lead. Since Robert Mueller has all but called Trump an unindicted co-conspirator, it seems highly likely that just looking at the evidence accumulated in his report might well lead to a vote in favor of articles of impeachment, as well as providing an excellent opportunity to explain to the public why impeachment is necessary.
Pelosi needs to call Trump’s bluff and impeach him. Now.