Law expert Jonathan Turley's argument that going to the courts to fight a House impeachment subpoena cannot be obstruction was rejected by two Fox News legal analysts Wednesday.
Both Judge Andrew Napolitano and Andy McCarthy argued Turley was wrong on the power of Congress to subpoena for impeachment.
"Where I disagree with my dear friend — I've worked with him and testified alongside him — Jon Turley on the significance of obstruction of justice, he is forgetting that the House has the sole — S-O-L-E — power of impeachment," Napolitano, a frequent critic of President Donald Trump, told Fox News. "It does not need to go to a court for approval."
Calling Turley's position "simply wrong," McCarthy, who has been more likely to defend the president amid partisan attacks, agreed with Napolitano, saying the Legislative branch should not need the Judicial branch to impeach the Executive branch – nor should it be the other way around.
"I don't think the framers would have thought to that the Article 1 branch needed the assistance of the Article 3 branch to impeach an officer of the Article 2 branch," McCarthy said. "I don't think that's conceivable."
Turley clarified later Wednesday the use of courts is justified because it is an abuse over congressional power to deny the executive branch the time to ask courts for a clarification on its executive privileges.
"You shouldn't" impeach a president for obstruction on requesting a judicial ruling, Turley said "when you have time to do it."
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