Speaker Pelosi is spinning like a top after pulling a 180 on a formal impeachment vote. Pelosi insists that this isn’t an admission that Democrats have run an illegitimate investigation thus far. That spin doesn’t pass the laugh test, though. A complete 180 can’t be seen as anything except a reversal/admission.

Ms. Pelosi’s statement is filled with misleading statements. For instance, Ms. Pelosi’s statement says “the Constitution does not mandate the process for impeachment and there is no constitutional requirement that the House of Representatives authorize an impeachment inquiry before one begins.” Technically, that’s right. Actually, it’s deceptive as hell. While it’s true that the Constitution doesn’t provide a checklist to be followed, there are constitutional principles that must be upheld.

One such constitutional principle that must be upheld is the principle of separation of powers. Congress has subpoena power but only in the context of fulfilling its legislative responsibilities. Their subpoena power disappears the minute it’s used for investigative purposes. The term used is “legislative purpose.” If the thing that’s getting subpoenaed isn’t being used to write legislation, then it’s an invalid use of subpoena power.

Further, the Constitution doesn’t permit people in the Legislative Branch to impanel a grand jury. Only people in the Executive Branch have the authority to impanel grand juries. Adam Schiff isn’t part of the Executive Branch.

Just last week, a federal court confirmed that the House is not required to hold a vote and that imposing such a requirement would be “an impermissible intrusion on the House‚Äôs constitutional authority.”

That ruling is stupid. First, the Constitution says that “The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.” The courts have defined “The House” as being the entire House of Representatives, not just the Speaker. This isn’t insignificant. When Speaker Pelosi stated that the House was conducting an impeachment investigation, there wasn’t a vote of the whole House. It was just a declaration by Speaker Pelosi. Official votes are the only things recognized as official actions of the House and Senate. This statement is worthy of a snot-nosed little brat, not the Speaker of the House:

They argue that, because the House has not taken a vote, they may simply pretend the impeachment inquiry does not exist.

Until the Constitution’s requirements have been met, the impeachment inquiry doesn’t exist in the eyes of the courts. Who’s stupid enough to think that a court would think that an investigation whose rules change daily would pass muster on due process? An Obama-appointed airhead might buy that but that’s about it. Further, past precedent matters. The rules that governed the Nixon impeachment governed the Clinton impeachment, too. The ‘Rodino Rules’ weren’t adopted for President Trump. Why haven’t they? Are they too transparent for Schiff and Pelosi? Do Schiff, Pelosi and the Democrats realize the flimsiness of their case, which leads them to think that a secret investigation, filled with Schiff leaks, is the only chance they have at gaining an impeachment?

It’s interesting that the CNBC correspondent characterized this as a reversal by Speaker Pelosi. It isn’t interesting because I disagree. It’s interesting because I didn’t expect that from a media organization.

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