The rules resolution falls woefully short of the Constitution’s due-process standard. Every American has the right to hear all evidence presented against him, face his accuser directly, and mount a defense. We made sure to afford Mr. Clinton these rights in 1998-99.
The president’s counsel must have the right to participate in all impeachment proceedings. The congressional minority must have an equal right to call witnesses, subpoena documents and cross-examine witnesses.
Last week’s resolution is an absolute failure to protect those rights. It permits Mr. Schiff to continue with his closed-door depositions, and it grants him sole authority to decide which information is relevant, which witnesses can testify and which evidence will be transferred to the Judiciary Committee.
When the Intelligence Committee turns over the proceedings to the Judiciary Committee, Chairman Jerry Nadler will then have the authority to deny the president’s counsel access to evidence, the ability to cross-examine witnesses and the full ability to participate in other ways. It’s laughable to claim that’s fair or impartial.