Is the Impeachment Process Fair? By Andrew P. Napolitano | WHAT REALLY HAPPENED

Is the Impeachment Process Fair? By Andrew P. Napolitano

Last week, the White House legal counsel wrote to congressional leaders stating President Donald Trump’s legal views of the impeachment investigation now being conducted by the House of Representatives. The essence of Pat Cipollone’s letter argued that the impeachment investigation is illegitimate, unconstitutional and unfair.

The illegitimacy argument contended that since the House has yet to vote to authorize an investigation of the president, its committees lack subpoena power. The unconstitutional argument offered that since impeachment seeks to overturn a valid election, it is a thinly veiled coup and thus is in violation of the Constitution. And his unfairness argument states that the president is entitled to due process at every stage of the impeachment proceedings.

These are valid political arguments. But as legal offerings, they are profoundly misguided. Here is the backstory.

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