The basic sentiment is that the president is being railroaded. But the reality is that when it comes to impeachment, there aren’t any protections for the president laid out in the Constitution. In fact, experts told me that pretty much any rights Democrats give Trump are above and beyond what they’re required to do. Trump hasn’t been charged with a crime and impeachment isn’t a legal proceeding, so he doesn’t have any of the rights you hear about on “Law and Order,” including due process. In the world of impeachment, “fairness” means whatever the majority party in the House of Representatives thinks it should mean. [...]
It’s easy to see a presidential impeachment as something akin to a criminal prosecution — evidence is marshaled, a trial is held, and the president’s fate hangs in the balance. But impeachment is a political process, not a legal one. As a result, it has entirely different rules that make certain protections that are reserved for criminal defendants — like due process — irrelevant. “As a matter of law, a president has essentially no claim to any kind of participation in the impeachment process,” said Frank Bowman, a law professor at the University of Missouri and the author of “High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump.” [...]
All of these protections only kick in when impeachment moves into the Judiciary Committee, though — and unlike past impeachments, a significant portion of the action this time around will happen outside that committee. Importantly, Trump’s lawyers won’t be allowed to participate in the next phase of the inquiry, which will involve public hearings run by the House Intelligence Committee. But Binder said that made sense, because unlike the House majority in the Nixon and Clinton impeachments, Democrats don’t have a voluminous special counsel probe to draw from, so the next round of hearings are arguably the public distillation of the House’s investigation, not its case for impeachment. On a practical level, though, it means that Trump’s legal team likely won’t be able to get involved for several weeks — which leaves plenty of time for his defenders to complain about how he’s been boxed out of the process.
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