There's 'definitely' a case to impeach Trump: Fmr. lawmaker who voted to impeach Nixon

For two years Special Counsel Robert Mueller and his Russia investigation loomed over the political landscape, conspicuously without any word from Mueller himself.  But this week, Mueller broke his silence offering an inconclusive conclusion about President Trump's guilt or innocence - leaving the nation split on what his findings mean for the sitting president.

"I think there’s a case for impeachment, definitely," Elizabeth Holtzman, former House Judiciary Committee member who voted to impeach President Nixon told Fox Business' "WSJ at Large" host Gerry Baker.

"The American people will never accept an impeachment process that’s really a 'gotcha' process," Holtzman said. “But you also don’t need to have the same standard for criminal trial," she continued. 

But former Assistant U.S. Attorney, Andrew McCarthy isn't convinced.

"The problem here is that we’re leaping back and forth from the legal realm to the political realm," McCarthy explains. "[Congress is] looking at this not in terms of can you prove the elements of the criminal offense beyond a reasonable doubt? They would be looking at it as abuse of power."

Mueller's comments on Wednesday fanning the flames under Democrats' calls to begin impeachment proceedings by signaling that his obstruction investigation could be picked up by Congress. But Holtzman warned that Democrats need a stronger case than claiming “abuse of power.”

"It has to be something really serious, grave, that threatens our democracy or threatens people’s liberties; it’s not just a minor thing," Holtzman argues. "Impeachment is to remove a president who threatens our democracy," she continued.

While Democrats dive deep into constitutional law, some Republican lawmakers are still looking into the start of the investigation. Rep. Bradley Byrne, R-Ala., is planning to introduce a bill called the "Investigate the Investigators" Act, arguing that the Mueller probe turned up a "big, fat goose egg."

"We always have to be concerned about any kind of investigation that takes place in the context of a political campaign," Holtzman said.

"We can’t ever have the government putting its finger to stop or help a political campaign," she continued. "But what we’re talking about is the interference by a foreign government in an election."


While both legal minds disagreed on whether there is a case for impeachment against President Trump, they were able to agree that it is highly unusual to have the kind of public disclosure from a Special Counsel that has come with the Mueller report, and that the American people are entitled to know whether the evidence against a sitting president could amount to a possible crime.