Wicker Calls out House Impeachment Inquiry
Fairness and Due Process Underpin Our Constitutional System
October 28, 2019
Speaker Pelosi’s decision earlier this month to use a press conference to open a “formal impeachment inquiry” raises doubts that she and her Democratic House colleagues are prepared to conduct their proceedings fairly. Instead of keeping with more than a century of precedents, the people’s house is meeting secretly behind closed doors and denying the president of the United States one of the cornerstones of the American constitution – due process.
I recently joined over 40 of my Republican colleagues in the Senate in introducing a resolution calling on House Democrats to follow precedents and constitutional norms in their investigation. Unless the House changes course, members’ actions will continue to create a damaging and pointless squabble.
History, Precedents, and Procedures
The House has impeached only two presidents – Andrew Johnson and Bill Clinton – in our nation’s history. Richard Nixon was the subject of an inquiry, and his impeachment and removal would have likely occurred had he not resigned in 1974.
Impeachment inquiries are so rare because they are so serious. The 435 duly-elected members of the House should deliberate with a sense of the gravity of their undertakings, as they did in all three of those cases. Congressmen should make their cases to the American people and then decide, in public, whether or not investigating and sending articles to the Senate would be the best course of action.
The current process has been flawed from the beginning. The norm of a formal impeachment investigation starting with a debate and a vote by the full House of Representatives has been dropped. It has been replaced by ad hoc and undemocratic methods.
This year’s impeachment inquiry bears little resemblance to those of the past. During the investigations of Presidents Richard Nixon and Bill Clinton, the House Judiciary Committee adopted rules of procedure to provide due process and ensure fairness. These presidents – one Republican and one Democrat – were allowed representation by counsel. That counsel was permitted to come to hearings and depositions, present evidence, call witnesses, and look at all the evidence.
Today the accusations against President Trump are coming from an anonymous source. Interviews are being conducted in secret with limited access even for Republican members of the House who sit on the relevant committees. Important procedural minority rights are being taken away. President Trump deserves the same fairness as his predecessors, and Democrats should work with their Republican counterparts to create a fair process focused on the truth.
Due Process and Fundamental Protections
When vital concepts like due process and equal justice under law are discarded, our constitutional system is endangered. The House needs to restore fundamental protections in order to regain trust.
The past gives clear guidance on how to do this. The full House of Representatives should vote prior to proceeding any further. The House should then afford the president the chance to hear all the accusations against him, call witnesses, and confront his accusers. During these proceedings, the Democratic majority should grant Republicans in the minority equal participation and authority to issue subpoenas. Following this framework would be a lot more likely to achieve an outcome that could be trusted. If the Democrats are confident in their case, they should make it in the light of day where the American people can see the evidence for themselves.
I recently joined over 40 of my Republican colleagues in the Senate in introducing a resolution calling on House Democrats to follow precedents and constitutional norms in their investigation. Unless the House changes course, members’ actions will continue to create a damaging and pointless squabble.
History, Precedents, and Procedures
The House has impeached only two presidents – Andrew Johnson and Bill Clinton – in our nation’s history. Richard Nixon was the subject of an inquiry, and his impeachment and removal would have likely occurred had he not resigned in 1974.
Impeachment inquiries are so rare because they are so serious. The 435 duly-elected members of the House should deliberate with a sense of the gravity of their undertakings, as they did in all three of those cases. Congressmen should make their cases to the American people and then decide, in public, whether or not investigating and sending articles to the Senate would be the best course of action.
The current process has been flawed from the beginning. The norm of a formal impeachment investigation starting with a debate and a vote by the full House of Representatives has been dropped. It has been replaced by ad hoc and undemocratic methods.
This year’s impeachment inquiry bears little resemblance to those of the past. During the investigations of Presidents Richard Nixon and Bill Clinton, the House Judiciary Committee adopted rules of procedure to provide due process and ensure fairness. These presidents – one Republican and one Democrat – were allowed representation by counsel. That counsel was permitted to come to hearings and depositions, present evidence, call witnesses, and look at all the evidence.
Today the accusations against President Trump are coming from an anonymous source. Interviews are being conducted in secret with limited access even for Republican members of the House who sit on the relevant committees. Important procedural minority rights are being taken away. President Trump deserves the same fairness as his predecessors, and Democrats should work with their Republican counterparts to create a fair process focused on the truth.
Due Process and Fundamental Protections
When vital concepts like due process and equal justice under law are discarded, our constitutional system is endangered. The House needs to restore fundamental protections in order to regain trust.
The past gives clear guidance on how to do this. The full House of Representatives should vote prior to proceeding any further. The House should then afford the president the chance to hear all the accusations against him, call witnesses, and confront his accusers. During these proceedings, the Democratic majority should grant Republicans in the minority equal participation and authority to issue subpoenas. Following this framework would be a lot more likely to achieve an outcome that could be trusted. If the Democrats are confident in their case, they should make it in the light of day where the American people can see the evidence for themselves.
