Former U.S. Attorney Joe DiGenova said Democrats are doing an "impeachment lite" and not a formal impeachment inquiry in order to avoid giving Republicans subpoena power. From his interview with Lou Dobbs on Thursday:
JOE DIGENOVA: It's quite obvious what the Democrats are doing. They have not had a vote on the floor of the House to start a formal impeachment inquiry because if they were to have such a vote, under the House rules for impeachment, the Republicans would get subpoena power.
In order to avoid giving the Republicans subpoena power, they are doing impeachment lite with these six different committees who are claiming it's an impeachment inquiry, and they are trying to subpoena people and get documents without having an impeachment vote on the floor. That is why the White House said we are not going to cooperate with this kangaroo court.
LOU DOBBS: Will he be able to maintain that legal position if she does not relent and act in the interests of the country?
DIGENOVA: Yes. In fact, the White House position is very well-founded based on the history of impeachment proceedings of presidents, not judges... In terms of impeachment proceedings of the presidents, always there has been a vote on the floor of the House and the minority has been given subpoena power.
VICTORIA TOENSING: And the constitution basis for that, Lou, is that the Congress is supposed to be the legislative body. Well, they're not legislating when they're impeaching so they become a different kind of entity. And in that, they have to have the full support of the majority of the body. This is legal chess and the White House just moved its queen.
DIGENOVA: And remember what they are trying to do; they are trying to nullify an election.
DOBBS: and overthrow a president.
DIGENOVA: Exactly. This is basically a coup in the form of an informal impeachment inquiry. This is extra-constitutional as well as unconstitutional.