WASHINGTON (CN) — Everything old is new again.
Kenneth Starr, once the independent counsel leading the charge to impeach President Bill Clinton, returned to the Senate Monday to make the case that impeachment is a divisive, overused political weapon.
“Instead of a once-in-a-century phenomenon, which it had been, presidential impeachment has become a weapon to be wielded against one’s political opponent,” Starr said as part of opening arguments in Senate trial to remove President Donald Trump from office.
The White House attorney who frequently appears on Fox News as commentator went on to opine that America now lives in the “Age of Impeachment.” To illuminate his point, Starr drew on Justice Antonin Scalia’s dissent in the 1988 Supreme Court ruling Morrison v. Olson.
That case stemmed from a House directive for the EPA to document the government’s enforcement of waste-site regulations — those files were withheld by then-President Ronald Regan, who directed the organization withhold the records from investigations.
Following a probe of that information, the House Judiciary Committee found former assistant attorney general Theodore Olson deceived lawmakers when testifying about the regulations. The Supreme Court ruled against Olson, saying to reserve the documents as “sensitive,” stripped the president of executive authority.
Starr, a former independent counsel, appeared to revel in Scalia's lone dissent during opening arguments Monday.
“The word impeachment haunts that dissenting opinion because the statute terms directed independent counsel to become an agent of the House of Representatives,” Starr said. “To what end? To report with a low threshold of information?”
While still attentive, senators quickly slowed their note-taking as Starr recounted the annals of impeachments past. A Senate chamber door attendant and spectators in the visitors’ gallery could be seen dozing during the former federal judge’s statements.
When Starr reminded the Senate that “impeachment in Britain is dead,” Senator Tom Cotton, R-Ark., raised papers to his face to hide a yawn.
Though Starr said there was little popular support for impeachment, a Friday ABC News poll reported 66% of those surveyed want new witnesses called.
Trump’s overall approval rating also dipped to 49% — a 6% increase since late October.
Of 101 respondents asked about the House’s impeachment inquiry, 58 disapproved of the president’s reaction. Only 34 individuals approved of the president’s response.
At oral arguments Monday, defense attorney Jay Sekulow reiterated the position of White House counsel: President Trump acted under clear, constitutional authority when he withheld $391 million in security assistance to Ukraine.
“Asking a foreign leader to get to the bottom of issues of corruption is not a violation of an oath," Sekulow said.
Michael Purpura, another of Trump’s attorneys, meanwhile spent more than 30 minutes defending the White House’s decision last spring to send Vice President Mike Pence to attend Zelensky’s inauguration. Purpura said Hurricane Dorian had set off a national emergency in the U.S. that required Pence to go in Trump’s stead.
Lev Parnas, the indicted associate of Trump’s personal attorney Rudy Giuliani, offered an alternative theory.
Through his attorney Joseph Bondy in December, Parnas claimed he told a Ukrainian official in the weeks running up to Zelensky’s inauguration that if the announcement into Trump’s political rival wasn’t made, Pence would not attend the swearing-in and aid could stop flowing.
Parnas never testified before the House, however.