The short answer is Congress can start however it wants. However, many of the Trump administration arguments are based on the idea that they can't be investigated unless there is an active impeachment proceeding. This is probably incorrect, but it may not be worth the time and lawyers to fight it on every document or witness request.
Yeah, we're not exactly sure how to go about prosecuting the nation's top law enforcement officer while in office. Contempt of Congress is probably the first step, yes. But the obstruction of justice is happening right out in the open. It's one thing to try to find legal grounds to stop giving over a few things you like. But to just tell everyone in government not to cooperate with an investigation from Congress in any way is criminal behavior. The remedy for criminal conspiracy is impeachment, not contempt charges.
The case for impeaching Mnuchin is much weaker. His resistance is limited to one or two topics, and while the law is clear, contempt is probably sufficient, until someone starts defying court orders. Governments ignore laws they dislike all the time, until forced to follow them. But really, does this pair look like lawbreakers?
Yeah, we're not exactly sure how to go about prosecuting the nation's top law enforcement officer while in office. Contempt of Congress is probably the first step, yes. But the obstruction of justice is happening right out in the open. It's one thing to try to find legal grounds to stop giving over a few things you like. But to just tell everyone in government not to cooperate with an investigation from Congress in any way is criminal behavior. The remedy for criminal conspiracy is impeachment, not contempt charges.
The case for impeaching Mnuchin is much weaker. His resistance is limited to one or two topics, and while the law is clear, contempt is probably sufficient, until someone starts defying court orders. Governments ignore laws they dislike all the time, until forced to follow them. But really, does this pair look like lawbreakers?
"Kitto daijoubu da yo." - Sakura Kinomoto