Yesterday’s House Judiciary Committee hearing was as expected: boisterous and boorish on the part of the Republican shills, who displayed not only their fealty to Trump; they also showed how little they paid attention in law school. They got schooled by one of the witnesses. And how.
I don’t mean to diminish the gold-standard, A-level Founders porn with which the nation was gifted on Wednesday. I am a ridiculous nerd for such stuff, and not even the woebegone visage of Jonathan Turley, who’s seeing all those juicy Clinton impeachment TV appearances coming back for him like the visitation of the spirits at Scrooge’s place, can take the smile off my face.
But the best practical argument made in the context of 2019 politics came from Professor Pamela Karlan, who announced her presence with authority by clapping back ferociously on Rep. Doug Collins, the bellowing bullshit auctioneer from Georgia. Because he apparently believes that everyone is as deeply afflicted by deliberate ignorance as he is, Collins snarked about how none of the expert witnesses possibly could have read all 300 pages of the House Intelligence Committee’s damning report by the time they came to testify. To which Professor Karlan replied:
Here, Mr. Collins I would like to say to you, sir, that I read transcripts of every one of the witnesses who appeared in the live hearing because I would not speak about these things without reviewing the facts. So I’m insulted by the suggestion that as a law professor I don’t care about those facts.
I do not envy those of Professor Karlan’s students who show up unprepared for class.
I didn’t stick around for the whole mess yesterday, but last evening as I was driving I heard one nitwit — Rep. Stubey, I think was his name — carry on about how Trump was denied his Sixth Amendment rights to confront his witness and how unfair it all was because he was being railroaded and tried and convicted. Well, A) the hearing was not a trial, and B) the Sixth Amendment applies only to criminal trials. Impeachment and removal is not a criminal trial. Trump may well have committed criminal acts, but he’s not going to be tried for those; he’s being removed from office. The criminal cases will come after, and no, double jeopardy will not be attached because a conviction in the Senate is the outcome of being voted out of office based on the articles of impeachment, not the actual criminal act itself. That’s for the Southern District of New York to do.
In my non-law-school way of thinking, the closest comparison impeachment comes to is a really drawn-out job termination hearing. If you suck at your job, you get evaluated, and then they fire you. If the reason for your termination was embezzlement or giving trade secrets to your competitor, you lose your job. If the company decides to report you to the authorities for your criminal act, that’s another matter. That’s pretty much what happens with impeachment. Trump’s life and liberty are not at stake; his job is in jeopardy, and there’s no constitutional guarantee to protect that.
If I were the law schools where some of these Republican minions got their degree, I’d take a close look at the poor examples of jurisprudence they turned out and think about getting their diplomas back.