You are the news now

THE NEWS COMMENTER

VOTE  (0)  (0)

Steve Calabresi Responds and Updates His Arguments on Impeachment Hearings


Added 11-13-19 11:21:02pm EST - “Last week, my colleague Northwestern Professor Steve Calabresi published an op-ed raising issues about the procedural fairness of the impeachment” - Reason.com

CLICK TO SHARE

Posted By TheNewsCommenter: From Reason.com: “Steve Calabresi Responds and Updates His Arguments on Impeachment Hearings”. Below is an excerpt from the article.

Last week, my colleague Northwestern Professor Steve Calabresi published an op-ed raising issues about the procedural fairness of the impeachment hearings.  He met with strong attacks, including by my Volokh colleague, Professor David Post.

Numerous critics have contacted me arguing that Sixth Amendment rights would apply to President Trump in a Senate trial, but not in a House proceeding.

But why were Presidents Nixon and Clinton given Sixth Amendment rights in their House impeachment proceedings which President Trump is being refused?

The House of Representatives may function only as a grand jury in impeachment proceedings, in which case House Democrats may have been violating Trump's Fifth Amendment Due Process Clause rights by leaking damaging information about him as the result of a secret investigation in which the charges have not been revealed. He has not been able to confront the witnesses against him, and he has not been able to call witnesses in his own defense.

I say the House of Representatives may function as a grand jury in cases of impeachment because in some respects the impeachment process is sui generis.

Read more...

Post a comment.

Anonymous comments are welcome, just check the "Comment Anonymously" box before submitting your comment. Note: Comments are free and open until someone ruins it. Don't dox, promote violence, etc. Be nice and have fun.

CLICK TO SHARE

BACK TO THE HOME-PAGE