Examining the House Impeachment Inquiry Resolution
Excerpt: 7) Whether the proceedings ultimately will be seen as open and transparent will depend in large part on whether the heretofore secret proceedings are disclosed. Significantly, the resolution allows for that, but does not require it. The issue is placed in the discretion of Chairman Schiff. This is part of what I referred to at the start as the resolution’s flaws. Schiff is a notoriously sharp-elbowed partisan, the protégé Speaker Nancy Pelosi (D., Calif.) placed in charge of implementing the unauthorized (by a House vote) inquiry practices of closed hearings and selective leaking. The question of disclosing transcripts will be a good early test of how straight Chairman Schiff is going to play this. The resolution empowers him to decide what should be made public, and to direct “appropriate redactions” for not only any classified information but anything he decides is too “sensitive” to be disclosed. 8) With that as a concrete example of what’s at stake, we should pause to deal with the central procedural issue. Republicans continue validly to complain about the rigged process. Whether it will be rigged going forward, though, depends on how committed Schiff and, ultimately, Judiciary Committee chairman Jerry Nadler (D., N.Y.) are to open proceedings that both are and appear to be fair. It is not frivolous for Republicans to grouse that the future open proceedings with due process are tainted by the month of closed proceedings without due process, which has made impeachment a foregone conclusion. But the procedural argument won’t win the day, and Democrats still have to make their case to the public, no matter how one-sided things have been to this point. I am not without hope that there will be real due process in the public hearings — not because hardcore partisans Schiff and Nadler will suddenly transform into paragons of fairness, but because it is in their interest to be fair. [The excerpt is from a 12-point overview of the resolution passed by the House yesterday. McCarthy’s take makes a lot of sense and points out the built-in booby traps awaiting the Republicans and the public. Ron P.]
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