The next time some screeching Lefty insists Senate Republicans are super biased and evil for not allowing more witnesses and documents, show them this thread from Georgetown law professor, Randy Barnett.
And then tell them to take so many seats.
This.
Is.
Epic.
Spare me the lamentations of those who remained silent when the House Intel committee conducted secret one-sided impeachment proceedings unauthorized by House resolution, without counsel for the President, etc*, because the Senate will decide on the basis of this record evidence.
— Randy Barnett (@RandyEBarnett) February 1, 2020
It’s like they completely forgot how one-sided and unfair the House was with their proceedings.
*etc. covers a wide range of due process deficits, including the inability to call witnesses and cross examine others–both being fundamental to due process. I won't bother to list more. Anyone who cares already knows; anyone who doesn't know, won't care about a new list.
— Randy Barnett (@RandyEBarnett) February 1, 2020
Yup.
The impeachment process in the House was, quite obviously, designed to reach a pre-ordained result. This fact is blinked by those who are now rending their garments about the supposed failure to give *the House* "due process" in the Senate.
— Randy Barnett (@RandyEBarnett) February 1, 2020
A pre-ordained result Jerry Nadler was bragging about the day AFTER Trump took office. A pre-ordained result Democrats have been promising their base since before Trump even won.
That anyone is pretending this wasn’t targeted from the get-go is brazen and painful.
The due process of law is for everyone but, first and foremost, it is for the accused. "Not so," we were instructed back then. What the House Democrats lacked in a basic sense of fairness in their proceedings, they have now made up for with chutzpah in these.
— Randy Barnett (@RandyEBarnett) February 1, 2020
Chutzpah.
Such a great and underused word.
This is not whataboutism. This is about the Senate giving the Articles of Impeachment all the respect they are due based on how they were generated. The best way to do that is to judge the case on the basis of the record the House thought sufficient to bring charges to the Senate
— Randy Barnett (@RandyEBarnett) February 1, 2020
Criticizing Senators for rejecting the *substance* of the House case is entirely different than criticizing them for not allowing the House to correct any deficits in their case in the Senate–with all the serious ancillary consequences of such an attempt.
— Randy Barnett (@RandyEBarnett) February 1, 2020
These consequences include the incentive it would create for the House's abuse of its impeachment powers in the future. If House Democrats want to continue with impeachment–as they likely do–let them do it right next time.
— Randy Barnett (@RandyEBarnett) February 1, 2020
The House abused and even weaponized impeachment; it will be hard for Americans to take this process seriously ever again.
Due process is not just a good idea, it's the law. And even a majority in the House of Representatives is not above the law. True, the due process violations of the House are not justiciable by the courts. But these due process violations are fairly justiciable by the Senate.
— Randy Barnett (@RandyEBarnett) February 1, 2020
Don't start me on the analogy to a grand jury. A grand jury is administered by a judge, not the prosecutor; it's proceedings are kept secret to protect the accused; and a transcript of it's entire proceedings is made available to the defense. The House flunks even this ? analogy.
— Randy Barnett (@RandyEBarnett) February 1, 2020
Of course, the modern grand jury has long been criticized for being too subservient to prosecutors. Most jurisdictions–like Cook County where I prosecuted–have supplanted it with preliminary hearings with a judge, rules of evidence, witnesses, counsels, & cross examination.
— Randy Barnett (@RandyEBarnett) February 1, 2020
Progressives:
House impeachment: No due process because "grand jury"
Kavanaugh: No due process because "job interview"
Title IX students: No due orocess because not "criminal"
House managers: Due process for US!!
Progressives:
Due Process for Me, but Not for Thee.— Randy Barnett (@RandyEBarnett) February 1, 2020
Nailed it.
In other words, House Democrats really screwed the pooch.
***
Related:
Join the conversation as a VIP Member