Dems split on using Mueller evidence in impeachment articles

Democrats are publicly split on whether to include evidence from former special counsel Robert Mueller's report in the articles of impeachment being drafted against President Donald Trump.

Democrats, as NBC News has reported, are considering one article of impeachment related to the Mueller report and obstruction of justice in addition to articles of impeachment directly related to Trump's conduct toward Ukraine. House Speaker Nancy Pelosi, D-Calif., said Thursday that Democrats would proceed with drafting articles of impeachment.

Speaking with both NBC's "Meet the Press" and CNN's "State of the Union" in interviews broadcast Sunday, House Judiciary Committee Chairman Jerrold Nadler, D-N.Y. would not commit to including evidence of obstruction contained in the Mueller report in the articles of impeachment, telling CNN, "We're going to have to take a lot of considerations into account."

On Trump's push for Ukraine to investigate former Vice President Joe Biden, his son Hunter Biden and Democrats, Nadler said there was "considerable direct evidence" and that Democrats' case "if presented to a jury would be a guilty verdict in about three minutes flat."

House Intelligence Committee Chairman Adam Schiff, D-Calif., told CBS's "Face the Nation" he believed Democrats should focus articles of impeachment "on those issues that provide the greatest threat to the country." Pointing to his pre-congressional career as a prosecutor, Schiff said his advice for colleagues is to file articles "for which there is the strongest and most overwhelming evidence," not to charge everything they possibly could.

33 PHOTOS
Robert Mueller testimony
See Gallery
Robert Mueller testimony
Former special counsel Robert Mueller arrives to testify before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Former special counsel Robert Mueller, arrives to testify before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Former special counsel Robert Mueller, is sworn in before he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Former special counsel Robert Mueller, is sworn in before he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Former special counsel Robert Mueller, checks pages in the report as he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Former special counsel Robert Mueller arrives to testify before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Former special counsel Robert Mueller, accompanied by his top aide in the investigation Aaron Zebley, right, testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Former special counsel Robert Mueller, accompanied by his top aide in the investigation Aaron Zebley, testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Former special counsel Robert Mueller, accompanied by his top aide in the investigation Aaron Zebley, right, testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Former special counsel Robert Mueller testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
House Judiciary Committee Chair Jerrold Nadler, D-N.Y., listens as former special counsel Robert Mueller testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Former special counsel Robert Mueller testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Former special counsel Robert Mueller, accompanied by his top aide in the investigation Aaron Zebley, listens to a question as he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Rep. Cedric Richmond, D-La., asks questions to former special counsel Robert Mueller, as he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Rep. Matt Gaetz, R-Fla., asks questions to former special counsel Robert Mueller, as he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
A quote from the Muller report is displayed on a screen as former special counsel Robert Mueller testifies on Capitol Hill in Washington, Wednesday, July 24, 2019, before the House Judiciary Committee hearing on his report on Russian election interference. (AP Photo/Susan Walsh)
Rep. Louie Gohmert, R-Texas, questions former special counsel Robert Mueller as Mueller testifies on Capitol Hill in Washington, Wednesday, July 24, 2019, before the House Judiciary Committee hearing on Mueller's report on Russian election interference. (AP Photo/Susan Walsh)
Rep. Jim Jordan, R-Ohio, right, looks at papers as he questions former special counsel Robert Mueller during the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Former special counsel Robert Mueller checks pages in the report as he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Rep. Jim Jordan, R-Ohio, right, questions former special counsel Robert Mueller during the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. At left is Rep. Louie Gohmert, R-Texas. (AP Photo/Alex Brandon)
Rep. John Ratcliffe, R-Texas., asks questions to former special counsel Robert Mueller, as he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Rep. Sheila Jackson Lee, D-Texas, asks questions to former special counsel Robert Mueller, as he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Rep. Karen Bass, D-Calif., asks questions to former special counsel Robert Mueller, as he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Rep. Louie Gohmert, R-Texas., asks questions to former special counsel Robert Mueller, as he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Former special counsel Robert Mueller testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Former special counsel Robert Mueller arrives to testify to the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Former special counsel Robert Mueller looks at notes as he testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Former special counsel Robert Mueller testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Former special counsel Robert Mueller testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. A line from Mueller's report is shown on the rear screen during the hearing. (AP Photo/Andrew Harnik)
Former special counsel Robert Mueller is sworn in by House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., to testify before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. At left is Rep. Sheila Jackson Lee, D-Texas, and center is Rep. Zoe Lofgren, D-Calif. (AP Photo/Alex Brandon)
Former special counsel Robert Mueller is sworn in by House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., to testify before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
Former special counsel Robert Mueller, arrives to testify before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, in Washington, Wednesday, July 24, 2019. (AP Photo/Andrew Harnik)
Former special counsel Robert Mueller arrives to testify before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019 in Washington. (AP Photo/Alex Brandon)
HIDE CAPTION
SHOW CAPTION
of
SEE ALL
BACK TO SLIDE

And Schiff said there was "overwhelming evidence" Trump tried to "essentially cheat" in the 2020 election by asking another country to involve themselves in the electoral process. Trump has denied he was asking Ukraine to probe former Vice President Joe Biden because he is running in the 2020 election.

On ABC's "This Week," Rep. Zoe Lofgren, D-Calif., and a member of the Judiciary Committee, told ABC's "This Week" that Democrats should only file articles of impeachment "on those items where we have direct evidence."

"And there is a lot of direct evidence relative to the abuse of power and Ukraine and the Russians, relative to the Biden investigation," she said. "The Mueller report is a report. We don't have a direct witness testimony for most of that, so I think we'd be on firmest ground to move forward where we have direct evidence as with the report we will receive tomorrow morning at 9:00 a.m. from the Intelligence Committee."

Democrats have offered divergent opinions in recent days over whether to include Mueller's report in articles of impeachment. On Friday, Rep. Max Rose, D-N.Y., warned against including the former special counsel's work, telling CNN he "was very serious" about his anti-impeachment stance prior to Ukraine.

On the other hand, Rep. Val Demings, D-Fla., a member of the Judiciary and Intelligence Committees, told reporters Thursday that "if we're going to say that the president basically refusing to allow members of the administration to obey lawful subpoenas in the Intel investigation then why would we not take a look at the president doing the same thing during the Mueller investigation."

"So I think it's something that we certainly will have to look at just because of the similarities, whether you prevent it — persons of the administration and people who no longer work with the administration during the Mueller investigation from obeying lawful subpoenas why wouldn’t we look at," she said then. "I think we should at least look at it now."

Read Full Story