Congresswoman Stefanik's recent actions as a member of the House Intelligence Committee, insisting on following fair procedures, are strongly supported by the Wall Street Journal’s Opinion page column on Saturday, Oct. 26, entitled, “This Impeachment Subverts the Constitution.” "Adhering to constitutional text, tradition, and basic procedural guarantees is critical. These processes are indispensable bulwarks against the abuse of the impeachment process."
The authors, noted constitutional lawyers Rivkin and Foley, are referring to our constitutional guarantees to all citizens of due process of law, protected by the 5th and 14th Amendments to the U.S. Constitution. More specifically, they are referring here to the protections offered of procedural "due process of law." Lawyers know that the procedural "process," such as the use of unfair procedures in a case, often pre-determine the outcome.
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In this impeachment process, the authors point to the insistence by the majority on the Intelligence Committee on taking evidence in secret, without any disclosure to the target, Donald Trump or his lawyers or to the general public; the failure to commence the impeachment process by an affirmative vote of the full House of Representatives and the failure of the committee to follow the same fair procedures used in prior presidential impeachments.
Perhaps this is a situation in which reasonable people can, and should be expected to, disagree.
George A. Mathewson, Esq. (retired), Lake George