Senator Alexander,
This morning you made a statement on voting against witnesses to which I have sent a separate letter, however in that official statement you made some worrying remarks about the validity of the Impeachment Articles of which you have been asked to judge.
On Article 2 you stated: “There is no need to consider further the frivolous second article of impeachment that would remove the president for asserting his constitutional prerogative to protect confidential conversations with his close advisers”. This is what you are being asked to judge Senator, it is not frivolous that the administration is withholding pertinent information in an unprecedented denial of oversight. I fear for the country and the Constitution of what this would allow for in the future. The Constitution and historic precedent does allow for security in information and for some autonomy of the Executive, but the Administration has blatantly abused this privilege to the point of declaring blanket privilege to withhold documents pertinent to oversight and other matters. Unlike previous administrations, this administration has completely withheld and denied documents, testimony, and more to Congress and to the American people.
On Article 1, the abuse of power you state “Even if the House charges were true, they do not meet the Constitution’s ‘treason, bribery, or other high crimes and misdemeanors’ standard for an impeachable offense.” This is worrying in two regards: First, earlier in today’s statements and in previous statements you stated: “It was inappropriate for the president to ask a foreign leader to investigate his political opponent and to withhold United States aid to encourage that investigation. When elected officials inappropriately interfere with such investigations, it undermines the principle of equal justice under the law.” If you there concede that the President committed the abuse of power for which you quickly then deny by saying “Even if the House charges were true”. Which one is it? Did he do what he is accused of and are you abdicating the oversight and impeachment power of Article 1 and putting things only to the vote and ignoring the implications of the fairness of elections or did it never happen?
Secondly, you say that the charges are not considered ‘treason, bribery, or other high crimes and misdemeanors’. Senator, please read and note the findings of the GAO who did find the withholding of Congressionally appropriated funds to be a criminal act https://www.gao.gov/assets/710/703909.pdf. You and the other senators and House members even had to vote on an extension of appropriations after OMB said that because of the withholding they were unable to send the full appropriated aid. Quoting directly from the GAO findings: “As explained below, we conclude that OMB withheld the funds from obligation for an unauthorized reason in violation of the ICA. We also question actions regarding funds appropriated to the Department of State (State) for security assistance to Ukraine.”
Finally Senator you stated: “The question then is not whether the president did it, but whether the United States Senate or the American people should decide what to do about what he did. I believe that the Constitution provides that the people should make that decision in the presidential election that begins in Iowa on Monday.” I agree election is incredibly important, but it does not in any way negate your duty and responsibility of oversight and impeachment. Especially in matters pertaining to foreign interference and illegal campaign aid directly asked for by a candidate, it is vital we use ever Constitutional mean to ensure a fair election and to ensure proper oversight. Especially in the case of letting voters decide, we should be able to see and hear the full evidence in favor of or proving innocence to the alleged acts.
Senator I urge you to ask for witnesses, fully explain innocence or guilt, and come to an educated decision.
Ryan Tablada (Nashville Tennessee)