The Conservative Headquarters writes how Adam Schiff’s impeachment process differs from the past impeachment processes of Nixon and Clinton. They write (abridged):
House Democrats have released a resolution setting out the rules by which they plan to conduct the impeachment of President Trump. After reviewing the resolution Senator Lindsey Graham said the process set forth in the resolution is “substantially different than the way we’ve done it in the past.”
Senator Graham pointed out that, “The Intel committee is part of the process, which has never been done, and the president’s counsel is not allowed to participate in the Intel committee… It’s still a behind-closed-doors, lack-of-due-process,” said the Senator. “And they’re trying to create something new that I think is just substandard and dangerous to the presidency.”
We think Senator Graham is dead-on, and this comparison of the process Schiff has engineered versus the processes Congress established for the impeachment of Presidents Nixon and Clinton shows just how unfair, indeed un-American, the Schiff process is:
Impeachment Then Versus Now
COMMITTEE AUTHORIZATIONS IN 1974 AND 1998
Authorized/directed the Judiciary Committee to investigate if sufficient grounds exist for impeachment.
COMMITTEE AUTHORIZATION NOW
Directs six committees – with Rep. Adam Schiff’s House Permanent Select Committee on Intelligence (HPSCI) at the helm – to “continue their ongoing investigations” as part of House Democrats’ so-called “impeachment inquiry”.
SUBPOENA POWER IN 1974 AND 1998
Authorized both the Chairman and the Ranking Member of the Judiciary Committee to issue subpoenas, acting jointly or unilaterally.
If either the Chairman or Ranking Member declined to act, the other had the right to refer the decision to exercise subpoena authority in a specific circumstance to the full Committee.
SUBPOENA POWER NOW
Authorizes the Chairs of HPSCI and the Judiciary Committee to issue subpoenas.
Authorizes the Ranking Members of HPSCI and the Judiciary Committee to issue subpoenas—provided they have the blessing of their Chairman.
Does not allow either Ranking Member to check the authority of the Chairman to issue subpoenas.
COMMITTEE PROCEDURES IN 1974 AND 1998
The Judiciary Committee adopted its own procedures for conducting the impeachment inquiry that closely mirrored those relied on during the Nixon impeachment inquiry.
COMMITTEE PROCEDURES NOW
The Judiciary Committee must operate pursuant to procedures imposed by the Chairman of the Rules Committee.
The Judiciary Committee may adopt additional procedures as long as they are not inconsistent with the McGovern Procedures.
PRESIDENT’S COUNSEL’S RIGHT TO PARTICIPATE IN 1974 AND 1998
Committee procedures during Clinton and Nixon included the ability of the President’s counsel to: o attend all hearings, including those in executive session; question any witness called before the Committee; submit written requests for additional testimony and precise summaries of what he would propose to show; and respond to evidence received and testimony presented either orally or in writing, as determined by the Committee.
The President’s counsel could also review all evidence obtained in the course of the impeachment inquiry.
PRESIDENT’S COUNSEL’S RIGHT TO PARTICIPATE NOW
This resolution bifurcates the impeachment and only allows the President’s counsel to participate in Judiciary Committee proceedings. It provides no ability to participate in the ongoing HPSCI investigation. If we assume that the McGovern Procedures allow the President’s Counsel to participate in Judiciary Committee proceedings, he will only have access to documents transmitted to the Judiciary Committee and not all material obtained in the course of HPSCI’s investigation.
During an appearance on Sean Hannity Senator Graham explained just how unprecedented Schiff’s management of the impeachment is and why Democrats have put Schiff and HPSCI in charge, “We’ve never had the Intelligence Committee participate in an impeachment inquiry under the resolution they’re going to pass tomorrow, the president’s council cannot participate in the Intel Committee inquiry,” Graham said. “So, the president is denied right to counsel. And Republicans can’t call witnesses without Schiff agreeing. So, this whole thing is a sham.”
Making Rep. Adam Schiff the prosecutor, judge, jury and executioner shows this process is a sham. The process is not intended to get to the facts, because the President did nothing wrong, instead, today’s vote clarifies that the goal has always been to create a narrative to frame the President.