Trump is playing with fire when it comes to threats of legal action over impeachment

The impeachment process is a political move and it should mean less involvement with the courts, but that won’t be the case if Donald Trump has his way.

He has made it clear that his administration will not give the Democrat-led impeachment investigation the time of day, with White House counsel Pat Cipollone sending an eight-page letter to congress stating: “[We] cannot permit his administration to participate in this partisan inquiry under these circumstances.”

Cipollone has accused Democrats in the House of Representatives of trying to circumvent the US Constitution, despite the fact that all the document states is that the House has control over impeachment proceedings, with little other direction.

The president has been quick to also threaten legal action against the leading Democrat in the House, Nancy Pelosi, and the chairman of the House Intelligence Committee, Adam Schiff.

“We’re going to take a look at it. We’re going after these people. These are bad, bad people,” the president said at the Values Voter Summit in Washington DC on Saturday.

Trump said he spoke to his lawyers about Schiff and told them, “Sue him anyway, even if we lose, the American public will understand.” Schiff has essentially become the one spearheading the impeachment inquiry.

“And sue Nancy Pelosi,” Trump continued. “Or maybe we should just impeach them, because they’re lying and what they’re doing is a terrible thing for our country.”

Members of congress cannot be impeached, according to the Constitution, while Schiff’s disparaging statements about Trump’s remarks on the call with Ukrainian president Volodymyr Zelensky that is at the centre of the impeachment inquiry are also protected as they took place during a committee hearing.

The president clearly believes the best defence is to try and stonewall the impeachment investigation, and there is no doubt it will frustrate Democrats as they look to make their case to the American people.

However, history is not on Trump’s side. President Bill Clinton was forced by a unanimous Supreme Court to testify under oath in a civil lawsuit about the Whitewater controversy, which led to his impeachment for lying and obstruction. Meanwhile, during Watergate, President Richard Nixon faced multiple court cases that ultimately forced into the open details that prompted his resignation before the a full House vote on articles of impeachment.

The move may also force Pelosi to bring forward plans for a full vote on articles of impeachment against the current president. Democrats know they probably have the votes for the motion to carry and public opinion is shifting in their favour. Trump has to be very careful.