14

The quixotic quest to impeach President Trump is not only anathema to the fundamental principles of due process, but constitutes a full-frontal assault on the procedural protections inherent in the “due process” clause of the Constitution.

Speaker Nancy Pelosi and her chosen marionette, Rep. Adam Schiff, are operating in the shadows of secrecy. Their authority does not derive from the House of Representatives itself upon a full majority vote. Instead, they have commandeered impeachment power by anointing themselves as the sole determinants.


They alone have chosen a “star chamber” approach to removing the president. The remaining members of the House are left in the dark without access to facts, documents and testimony. So, too, are President Trump and American voters who placed him in office. What is the purpose of an electoral choice by the many if it can be reversed by the furtive maneuvers of the few? Or two?

Advertisement

In any democracy, the principles of transparency and accountability demand that the actions and decisions of elected officials be open to public scrutiny. Citizens have a right to know what their government is doing. This is even more essential when Congress seeks to impeach a president. Secrecy corrupts the process and delegitimizes governance. The common good is undermined, as order gives way to chaos.

Federal judges, including the justices on the high court, care deeply about precedent. They also respect and uphold basic rights guaranteed in our Constitution. Pelosi and Schiff couldn’t care less.

There is nothing more chaotic (and mysterious) than the current impeachment inquiry. Evidence of this is undeniably compelling. No one knows what’s going on behind closed doors. The select few who are present or have access to information have been threatened with eviction or an ethics investigation should they disclose to anyone what is happening.

Witnesses have been threatened with obstruction of justice if they refuse to appear in these secret proceedings. Some have reportedly been told that legal counsel is not allowed. As Democrats selectively leak damaging information, Republicans are prohibited from rebutting it. The minority party is also deprived of subpoena power and forbidden from calling witnesses of its own. This is an abuse of the process and an egregious deprivation of rights.

Much of this is compounded by the persistent confusion over what constitutes an official inquiry and which committee is really in charge. At first, it was Judiciary Chairman Jerrold Nadler who claimed he was presiding over a “formal impeachment proceeding.” Now, it seems that Schiff is doing the same. Has command been passed? Or are these now dueling inquiries?

No one seems to know, least of all Pelosi who feels no compulsion to inform the American people — who are understandably bewildered. Like a ship adrift, who’s the captain here?

In an effort to rationalize the abiding secrecy, Schiff suggested that his hearings are “analogous to a grand jury proceeding done out of public view.” This is disingenuous, at best. A grand jury is a neutral body. Schiff and his fellow Democrats who control the Intelligence Committee are the antithesis of neutral.

It now appears that Schiff played a pivotal role in orchestrating the initial whistleblower complaint that led to the impeachment hysteria and then lied about it. Suddenly, he doesn’t want this anonymous informant to testify since that would surely implicate Schiff’s own partisan machinations and deceptions. It might expose the “witch hunt.”

All of this could have been avoided if Pelosi had called for a full vote of House members to initiate an official impeachment inquiry and identified the controlling committee. If nothing more, it would have established basic rules of conduct and ensured some measure of fairness. Instead, she acted unilaterally and without any real authority beyond her gavel. Mistakenly embracing a monarchy, Pelosi has become the self-appointed Queen.

As Queens and Kings are wont to do, the business of ruling is conducted by fiat. In turn, “due process” rights of the ruled are erased as if they never existed. But they do exist in a democracy and are enshrined in our own Constitution which is being trampled on with impunity.

White House Counsel Pat Cipollone pointed this out to Pelosi and Schiff in his October 8 letter on behalf of President Trump. He correctly cited decisions by the U.S. Supreme Court in Watkins v. United States (1957) and Quinn v. United States (1955) in which the Justices ruled that the Bill of Rights and “due process” guarantees apply to congressional investigations. They have also been recognized as a requirement in impeachment proceedings. For support, Cipollone quoted the very words of Nadler who stated, “the power of impeachment… demands a rigorous level of due process.” Indeed, it does.

Advertisement

Yet, the present impeachment inquiry, however misguided or unfounded, bears no resemblance to the procedural guarantees of “due process” found in the Fifth Amendment and enunciated more specifically in Supreme Court decisions throughout the years. Past presidential impeachment inquiries were all authorized by a vote of the House and the protections of “due process” were, in each instance, scrupulously followed.

The latest Pelosi-Schiff “witch hunt” has abandoned all pretense of fairness. It is a venomous attempt to undo the 2016 presidential election and drive Trump from office by employing unconstitutional means.

Could the Supreme Court intervene based on “due process” violations? It is possible, but not likely. President Trump could file what’s called a “Petition For Writ Of Mandamus” asking the high court to direct Speaker Pelosi to hold an impeachment inquiry vote before the entire House. However, such a legal move is a considerable long shot. While mandamus petitions are intended to correct defects of justice, they often involve departments or agencies, not the legislature. Historically, the Supreme Court has been loath to involve itself in legislative-executive battles unless or until it is absolutely necessary.

President Trump should continue to resist this misbegotten impeachment inquiry. If, for example, Schiff is foolish enough to seek enforcement of a subpoena in federal court, issues of “due process” could then be presented.

Federal judges, including the justices on the high court, care deeply about precedent. They also respect and uphold basic rights guaranteed in our Constitution. Pelosi and Schiff couldn’t care less.

Gingrich: Biden May have Forgot that Hunter Was Making $600K-Year Because of His Memory Issues

Previous article

Anderson Cooper Joins the Biden 2020 Team?

Next article

You may also like

  • A bunch of clowns running their own circus!

  • Wow says:

    Very cogent and well laid out argument Mr. Jarrett

  • Stan Lee says:

    It appears that Pelosi lies to Schiff’s order. She went for a no-vote “demonstration ” of an impeachment dry-run” without the constitutionally prescribed process. The process was brushed aside, which is a direct Dem. slap at the U.S. Constitution. All she had was a projected head-count of the ignorant Dem. representatives in the House who are the automatons under Pelosi-Schiff lying and scorn for the U.S. Constitution. In essence, both Pelosi & Schiff who both claim the President is “above the law” have they, themselves, acted against the law. It is time for Pelosi to be put out of the House and Schiff to face as many counts of lying and obfuscating as can be placed upon one warrant for his expulsion from Congress.

  • Wayne says:

    Dear Greg excellent job as always it looks like it’s time for the quote “Ethics Committee” to come out of hiding and do their job . what is mechanism to force them into doing their job

  • Dana L Lind says:

    I remember watching the Nixon hearings and the entire Clinton hearings and trial, this is a slap in Americas’ face. To try to overturn the vote of the American people by secret cabal is treason. These two had better step carefully, because America remembers and they will be out of jobs come next election, and on trial.

  • Denny says:

    Pelosi can’t get it to the Senate without a House vote. So what’s she really trying to do? Derail, denigrate, deligitimize, dump on Trump. So what should the Executive Branch do? Delay, deny, disaffect, defeat. So the headlines after the 2020 election then will read “Dumped-on Trump Defeats Disaffected Dems.”

  • Nancy McKee Harper says:

    Some should read this to mass media every day for a week! It goes right along with everything the DNC, FBI, CIA & Hillary Clinton have and are continuing to do against the rights of the American people. We made a choice and will make the same choice again. Fortunately their machinations can’t change the electorate. It only proves that we all MUST vote our President back into office, get a majority in the house and a supermajority in the senate. I don’t believe that most Americans understand that without a supermajority things cannot get passed or that then the speaker must use the nuclear option. A simple majority is not enough. To use a pool analogy-we must “run the table”. We need to get the radicals out and sanity back.

  • When Schumer spoke he answered his own question. Their job was only to be messengers not judge jury and executioner. Nancy is over stepping

  • Those two need to be put out of office there and be put on the unemployment line. Everybody knows they are working for Hilary Clinton she lost the election now she is trying to get in another way. This impeachment is a witch hunt and they are waisting there time and our time so get over it all you demacrats.

  • Bill Breen says:

    Would that expulsion from Congress be possible for a low life like Schiff.

  • Lance says:

    This American citizen is plain Sick of the DNC’s games. Enough already!!
    They are are dividing our nation. We are headed towards massive civil strife.

  • RafBo says:

    I think that Trump will be impeached, regardless of whether its done unconstitutionally, against precedence, by the House majority without Republican minority input, without a vote and done in secret and opaque to the public. Bret Hume on Fox stated that the Democrats are wining and the Republicans are not standing together against impeachment. I worry about the Senate Republicans. Many are said to be silent on this and they banded together against Trump on Syria pullout.

    I feel that this will be a lynching. I am very concerned for our nation. The Democrats have turned socialist-communists and it seems the Never-Trumper Corporatist, Globalists have joined in with them. They are too aligned with Jihadists-Islamics it seems. It appears that the coup has become a strong arm in every one’s face Totalitarian take over.

    I fear for anyone who opposes this. They have labeled us deplorables invalidating us as beings with a right to life.
    I think they want to cause a civil war within.

    AG Barr has done nothing to stop this coup, except talk about it. I wonder if he will do anything at all. He is threatened with being locked away along with all who have opposed this coup. I wish Barr would take this more seriously as I can see the anger and the fear by people.

    I hope I am wrong, but I am more inclined to think that regardless of what is done- we will be subject to Authoritarian rule.

  • Lucia says:

    The President needs to tell the AG to put out the Inspector General’s report unredacted. We want to see who knew what when. Like Pelosi and Schumer. How are they going to redact names and then prosecute? Does this mean no one is held responsible? President Trump needs to intervene to get this out to the public. Who is running Washington, the President or the FBI????

  • Richard Cornell says:

    Nothing is secret in the US Congress. Not when you can buy equipment as small as a pen that can hold 6 hours of conversations. Not to say that I would do such a thing just for a scoop, when it is safer to bug a Congressman office.