Tuesday, November 12, 2019

Is this right?
  Representative Adam Schiff said in a press conference, “These open hearings will be an opportunity for the American people to evaluate the witnesses for themselves and also to learn firsthand about the facts of the president’s misconduct.”
   There are several problems with this statement. First, Schiff is already characterizing the outcome of the investigation. As the chairman of the House Intelligence Committee, he serves as a key arbiter of the inquiry under the resolution. As such, he is in a position that demands an unbiased irreproachable ethic in evaluating requests for subpoenas and testimony. Any judge in a similar position would be required to recuse himself with even a hint of the pure bias Schiff has displayed, including coordination with the Ukraine whistleblower and other actions.
   The Democrats do not even pretend that their impeachment game is fair or actually about fact finding. This is simply about using a grant of power in the Constitution arbitrarily and politically, outside the bounds of due process and the purpose of that authority. Although the House does have the “sole power” of impeachment, that is a grant of jurisdiction, not a license to proceed on purely partisan motivation. Article One must work coordinately and not inconsistently with Article Two, which provides the legal basis upon which a sitting president may be impeached.
   Second, Schiff demonstrates this is all about media play in the court of public opinion. Americans have no power or role in an impeachment proceeding. The drafters of the Constitution intended the impeachment and removal process to be exercised only when there was sufficient evidence that the subject of the impeachment had committed a legally qualifying offense. This is not about whether impeachment is popular in the polls or whether a majority of Americans prefer it. Transparency in the context of this quasi judicial process is to provide fundamental fairness and due process for the president. Why are the Democrats so hellbent on blatantly refusing to allow Republican subpoenas and witnesses?
   It is because it is a sham. Yet the Democrats are openly admitting that their goal is to try this in the media and attempt to dishonestly convince us that somehow we too should hate Donald Trump. They are hoping to convince us not to vote for him. That is not a legitimate or constitutional purpose of an impeachment.

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