House Judiciary Committee (HJC) Chairman Jerry Nadler, together with Lawfare contracted impeachment agents Barry Berke and Norm Eisen (pictured below), are attempting to reframe a collapsing impeachment and pull-in White House participation.
Chairman Nadler has announced a December 4th hearing with a panel of democrat selected constitutional lawyers and legal ‘experts’, to discuss the procedural framework of an impeachment process. As Nadler states: “Our first task is to explore the framework put in place to respond to serious allegations of impeachable misconduct”. So the HJC initial objective to build their narrative is to explain what the impeachment process is about.
This is transparently an attempt by Nadler/Lawfare to give legitimacy to an illegitimate political exercise. The hearing purpose is framed as a trap to pull the White House in, and thereby create the optics of constitutional legitimacy. Strong caution is advised and I would not be surprised to see the White House refuse to participate. Here’s why:
With the House investigative portion of resolution 660 complete, per Adam Schiff and a yet invisible report from the HPSCI committee submitted, either the House Judiciary should follow their own process or not. The White House and the minority have not even seen the one-sided report mandated by the House Impeachment Inquiry Resolution.
My advice to the White House would be to respond to Nadler’s letter by informing him the House “Impeachment Report” authorized by resolution 660 has not yet been delivered; therefore, without a basis for the HJC to consider the validity of the first phase, it would be presumptuous to engage in a second phase framework exercise without the origination material described by the House Democrats’ own procedure.
The HJC is putting the proverbial illegitimate cart before the invisible horse. Hammer them with this ! How can the HJC construct a hearing on the framework of impeachment without the results from the impeachment inquiry report?
Here’s the Nadler Letter:
Obviously Lawfare is rushing. They are rushing to push out this hearing on December 4th before the DOJ Inspector General drops a report on December 9th that would weaken their impeachment narrative.
Here is the originating House Resolution 660: