Daniel John Sobieski
Fox News legal analyst Judge Andrew Napolitano, who of late has been the poster child for the increasingly leftward tilt of the network touted as “fair and balanced”, and who believes President Trump is guilty of colluding with the Russia..., insists the inquiry by Rep. Adam Schiff is perfectly legal because there is no requirement in law that a vote tp conduct such an inquiry must be taken. As he sates in an article in the Daily Herald:
The due process Trump seeks — notice, hearing, fairness, counsel, cross-examination, confrontation, neutral judges — is only relevant during a trial. The House does not conduct trials; the Senate does. There and only there — if we get there — will the president have his due process rights.
But, as Napolitano himself notes, the House has rules and one of those rules says that in the absence of a clear legal guideline, House precedent should be honored. The House may not have trials but it is capable of witch hunts and inquisitions. President Trump is entitled under House precedent to the same process, including due process, as Richard Nixon and Bill Clinton did. Until the impeachment inuiry agains President Trump, the House hored the tradition of relying on precedent as a guarantor of fairness:
Little has changed in the House in terms of the process for impeachment. A guide to the process is House Practice: A Guide to the Rules, Precedents and Procedures of the House. As this guide explains, “Under the modern practice, an impeachment is normally instituted by the House by the adoption of a resolution calling for a committee investigation of charges against the officer in question.” (p. 614)
Although the Senate is more known for precedent, the House also relies on precedent to conduct business. There are different sources for precedent. One of those sources is Deschler’s Precedents, authored by the first House parliamentarian, Lewis Deschler. In Chapter 14, Section 6, Deschler’s Precedents discusses the impeachment process in great detail, including the precedent for an authorizing resolution for an impeachment proceeding.
The Constitution gives the power of impeachment to the House of Representatives as a body and not just to the House Intelligence Committee of Adam Schiff who has colluded with an alleged Ukraine wihistleblower. Also in violation of House precedent id the fact that the House Judiciary Committee, which should have jurisdiction, has been written out of the process. Schiff’s record of manipulation and deceit in this impeachment discussion and its purely political motivation has been well documented.
READ MORE AT: