The next phase of the impeachment of Donald J. Trump begins today at 10 AM Eastern Time, with testimony before the House Judiciary Committee. First to appear will not be any of the witnesses to Trump’s actions, or any of the State Department or National Security Council staff who made the hearings before the Intelligence Committee memorable. Instead, the hearings will start with four legal scholars talking about the basis and intention of impeachment.
Though the public has already had the opportunity to see many of the witnesses and hear much of the evidence, the hearings that took place before the House Intelligence Committee actually served the role that—in a system where one party wasn’t doggedly protecting the presidentjmm regardless of his actions—would have been filled by a special counsel appointed by the Justice Department. Since the odds that William Barr was going to lift a finger to push back against Trump’s abuse of power were literally zero, the House Intelligence Committee was forced to step in.
Comparing the impeachment process to an ordinary trial is an imperfect metaphor, but what’s happened so far with the Intelligence Committee was simply the investigation into the crime. It’s what’s happens next in the House Judiciary Committee that more closely aligns with the grand jury stage of a criminal trial. Coming out of this process will be the actual articles of impeachment based on which Trump will eventually stand trial in the Senate.
In terms of format, the hearings before the Judiciary Committee, chaired by Jerry Nadler, will look much like those before the Intelligence Committee, with one or more opening rounds of questioning conducted by committee staff, followed by five minutes of questioning by members. One big difference: There are 21 members of the Intelligence Committee. Judiciary is loaded up with a staggering 44 members. So expect some long days if you’re determined to watch everything from beginning to end.
And yes, we will be here for it all.
Wednesday, Dec 4, 2019 · 3:43:18 PM +00:00
·
Mark Sumner
Nadler has set a 10 minute limit on the opening statements from the witnesses. Which … thank goodness. Turley’s opening was set to be 51 pages, and included—not kidding—his thoughts on the film A Man for All Seasons, and on the disappointments of his Golden doodle.
On Wednesday, the four witnesses will be Noah Feldman of Harvard Law School; Pamela Karlan of Stanford Law School; Michael Gerhardt of the University of North Carolina Law School; and Jonathan Turley of George Washington University Law School. Of these witnesses, the first three were invited to appear by the Democratic majority on the committee.
Turley was invited to appear by Republicans, so don’t be surprised to hear him disparage the idea that Trump’s actions warrant removal. But then … A regular on Sunday morning television, Turley has taken odd and surprising public positions on a number of issues, from testifying against parts of the Affordable Care Act to testifying in favor of legalizing polygamy. While a favorite of libertarians, Turley has also spoken out against the idea of the unitary executive in the past, so what he’ll have to say on Wednesday is unclear.
Feldman has appeared frequently before federal courts, often on issues of the boundaries between religion and the state. He’s also the author of a widely praised book on James Madison that looks at his roles both as a primary author of the Constitution and as the nation’s first wartime president.
Karlan was formerly the U.S. deputy assistant attorney general for voting rights in the Obama administration, where she received the Justice Department’s highest award for her courtroom work in a civil rights case involving same-sex marriage. She has appeared as a frequent commentator on PBS Newshour, where she provides expertise on the Constitution.
Gerhardt is is the Samuel Ashe Distinguished Professor of Constitutional Law at UNC. In 2009, he testified before a House select committee considering the impeachment of Judge Thomas Porteous. Gerhardt has been involved with the confirmation proceedings of many of the justices now sitting on the Supreme Court, including John Roberts, who would preside over any Senate trial.