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Conservatives Ask: Should Trump Ignore Or Play Ball With Nadler Impeachment Hearings?

Jerrold Nadler hearings
The House Judiciary Committee is holding its first impeachment inquiry hearing on Wednesday, Dec. 4, to discuss the constitutional and legal framework for impeachment. For the first time since this outrage began President Donald Trump and his lawyers have been invited to participate in that inquiry as well, and have been given a deadline of Sunday, Dec. 1, at 6:00 p.m. ET to respond to the committee.

House Judiciary Committee Chairman Democrat Rep. Jerrold Nadler (NY-10) made the offer in a letter to President Trump Friday, giving him until Friday, Dec. 6., to answer whether he and his lawyers would participate in the “impeachment inquiry.”

(You can read the letter through this Twitter link.)

The letter apparently quotes the unreleased report from Rep. Adam Schiff and the Democrats on the House Intelligence Committee, which apparently will recommend drafting articles of impeachment against the President. The report apparently will state that there was “a months-long effort in which President Trump again sought foreign interference in our elections for his personal and political benefit at the expense of our national interest”; and that the president conducted “an unprecedented campaign of obstruction in an effort to prevent the Committees from obtaining documentary evidence and testimony.”

As our friend Joel B. Pollak noted in an article for Breitbart, the word “again” suggests that the House Intelligence Committee will not limit its report to allegations that Trump invited Ukraine to interfere in the 2020 election, but will also state that Trump sought Russian interference in the 2016 election — even though Special Counsel Robert Mueller found there to be no evidence of such collusion.

Nadler added that Trump is being investigated for obstruction of justice, relating to actions described by Mueller in the second volume of his report, though Mueller did not recommend prosecution and Attorney General William Barr rejected obstruction charges against Trump on the merits wrote Mr. Pollak.

Republican Rep. Mark Meadows (NC-11) one of President Trump’s staunchest defenders in the earlier round of closed-door hearings, said that Nadler’s letter proved that the president had previously been denied due process rights. Rep. Meadows tweeted Nadler’s letter “tacitly admits is that House Democrats basically ran an impeachment process for 2 months before giving the President any real rights,” Meadows, concluding: “This process is neither fair nor serious.”

The process also continues the Democrats’ anti-constitutional approach to due process in which the accused is being coerced to waive his rights and defenses under threat that the Democrats will strip him of his ability to participate effectively in the hearings.

The White House cooperated fully with Mueller and never exerted executive privilege over any witnesses or documents. It has resisted participating in the House “impeachment inquiry,” which it regards as illegitimate.

Nadler has invited the president and his counsel to call and question witnesses, in accordance with the House resolution authorizing the impeachment inquiry last month — though the president was not allowed to do so in the Intelligence Committee inquiry. However, Nadler and the Democratic majority on the committee can overrule requests for witnesses.

But here’s the kicker: The House Rules Committee warned last month that Nadler would be allowed to limit the president’s ability to call witnesses if he does not provide witnesses and documents the committee wants, meaning that if the President invokes executive privilege (a constitutional principle recognized since the dawn of the Republic) or attorney – client privilege between President Trump and his personal lawyer Rudy Giuliani, the Committee Democrats can deny him his other due process rights, such as the right to counsel and the right to cross examine witnesses.

Moreover, there’s nothing that says Nadler, once in possession of the disputed documents or testimony, can’t revert to a Schiff-style Kangaroo Court and bar the President from calling witnesses in his defense, being represented by counsel and cross examining witnesses, just to name a few of the due process rights Democrats have so far denied the President.

And let’s not forget that House Judiciary Chairman Jerry Nadler has already said he personally believes President Trump "richly deserves" to be impeached, arguing Trump has "violated the laws six ways from Sunday."

"My personal view is that (Trump) richly deserves impeachment," Nadler told CNN's Jake Tapper on "State of the Union" back in July. "He has done many impeachable offenses, he's violated the laws six ways from Sunday."

The only problem for Nadler, Schiff, Pelosi and the rest of the power-hungry Democrats behind the impeachment farce is that the evidence, both from the Mueller report and their own biased “inquiry” is that there’s no evidence to justify that conclusion. Which leaves conservatives asking, “if Democrats have already made up their minds to impeach the President, why should Trump give the process legitimacy by participating?”

That’s a fair point, but one must also see this entire process as a form of political theater and if the only actors on the stage are the Democrat antagonists, then the TV audience, i.e. the voters, will get an entirely one-sided view of the facts and conclusions therefrom. In the end it may boil down to whether President Trump is prepared to let House Judiciary Committee Republicans carry the burden of his defense while he continues to maintain that the Nadler hearings, like the Schiff hearings before them, are illegitimate.

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Where is the Senate???

The real concern for me: Why is the Senate not opening its investigations into the Biden’s’ actions in Ukraine and China, not to mention the Clintons and Obama spying on Trump in the 2016 campaign along with many other questionable activities? I assume they are waiting for the IG report on FISA abuses by the FBI and the Democratic leadership at the time so they have some hard data. However, they are waisting valuable time since no one is getting any legislative action done in the House swamp anyway. What a waist of taxpayer money. It is 100% political and, as an attorney, I see nothing rising to the level of an impeachable offense.

Impeachment question

Trump should not cooperate with the House investigations. With the rules that have been set up by Nadler, that he must approve witnesses, subpoenas, and people doing the questioning, the Republicans are working with a stacked deck. In those circumstances, they could not do justice to Trump's witnesses if they were to appear before the House's Judiciary Committee. He would do better to save his witnesses and defense for the Senate, where his people will not have their hands tied by the Democrats.