With her actions, Nancy Pelosi admitted that she’s violated President Trump’s due process rights. While she’s right that there isn’t a checklist to follow for impeachment, she’s stupid if she thinks that there aren’t some constitutional principles that must be adhered to. She’s stupid if she thinks that past impeachment investigations haven’t set a path that subsequent impeachment investigations must meet.

When the House initiated their impeachment investigation of President Nixon, there was a defined set of rules that guaranteed the House’s ability to investigate and President Nixon’s right to cross-examine witnesses. The rules adopted by Peter Rodino’s Judiciary Committee permitted President Nixon’s attorneys the right to subpoena witnesses. When Republicans impeached Bill Clinton, the House Judiciary Committee adopted the Rodino-Nixon rules.

This sham investigation doesn’t have a clear set of rules and procedures. It doesn’t have any consistent rules or procedures other than to thwart President Trump’s legal team. That’s a violation of President Trump’s due process rights. Then there’s this:

Executive privilege was one of the protections mentioned by Counsel to the Vice President Matthew Morgan in a Tuesday letter to the chairmen of the House Intelligence, Foreign Affairs, and Oversight Committees, who are overseeing the ongoing inquiry. Morgan’s letter claimed that the committees’ request for documents was overbroad because it included some documents that were “clearly not vice-presidential records,” and that the request was not within the realm of “legitimate legislative oversight.”

Morgan continued, saying this:

“Never before in history has the Speaker of the House attempted to launch an ‘impeachment inquiry’ against a President without a majority of the House of Representatives voting to authorize a constitutionally acceptable process,” Morgan wrote, noting that “House rules do not delegate to any committee the authority to conduct an inquiry under the impeachment power of Article I, Section 2 of the Constitution.”

Ms. Pelosi can’t speak rules into existence. They have to be written, then approved of by a majority of the “Committee of the Whole”. Without that vote, no committee has authorization to start impeachment. As with other points in her career, Ms. Pelosi is acting like the autocrat she’s always wanted to be.

The goal of due process is to guarantee fairness, consistency and predictability. You can’t have due process if there isn’t a process. When this lawsuit gets filed, Pelosi’s Democrats will have problems:

“Pelosi seems to believe that she can hold a press conference and expect courts to accept that a formal impeachment process has begun,” George Washington University Law Professor Jonathan Turley wrote in a Wednesday morning blog post. “Some judges are likely to be uncomfortable with such an immaculate impeachment.”

Doug Collins nails it with this tweet:


Pelosi’s fatal flaw is that she thinks she can run the House like a tyrant. Frequently, she gets away with that. This is a totally different situation. It’s like the difference between a sandlot football game and the Super Bowl. The scrutiny is through the roof and the stakes don’t get higher.

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