Postpone the Impeachment Trial until the House Finishes Investigating
Excerpt: Plainly, there are loose ends here that the House should have tied up and that, importantly, the House is continuing to investigate. Note that Democrats have been caterwauling that the impeachment trial will not be fair because Senate Republicans are too in-the-tank for Trump to do their duty as impartial decision-makers (as if Democrats were not rabid anti-Trump partisans). But what could more undermine the fairness of a trial than a continuing, very public investigation of the same defendant while that trial is proceeding? No trial judge would put up with that. Prosecutors would not be permitted to present the case before a trial jury while, outside the courtroom, they were prejudicing the trial by continuing to investigate and publicize their findings. There is a very simple solution, one that judges in federal court deal with all the time in cases that are still under investigation when an indictment is initially filed: Don’t schedule the trial until the prosecutors acknowledge to the court that the investigation is over and no further charges are anticipated. It is worth bearing in mind: Impeachment is not just any trial. [As always, McCarthy makes perfect sense. Here, he recommends an elegant solution. Ron P.]
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