There are a number of problems with the Articles of Impeachment and the process that House Democrats have brought to the Senate. I will outline a few below.
The two charges — abuse of power and obstruction of Congress — do not represent high crimes or misdemeanors. The obstruction charge over presidential privilege needs to be adjudicated in a federal court, not in the Senate.
Rep. Adam Schiff being named a manager by House Speaker Nancy Pelosi is another point of contention. Schiff is a fact witness, since he took on the role of “special counsel” in conducting the impeachment hearing in the House. He should be compelled to testify without immunity since it is Senate testimony and not privileged House speech.
The fact that House Democrats have attached multiple addition allegations to the articles after voting to impeach — without any vetting of the charges — is an affront to the Constitution. The House hearings are intended to access all charges in public before voting to impeach.
This move is an attempt to push the Senate into an investigative mode instead of a trial mode.
Should the Senate decline to probe the new allegations and only accept the charges contained in the initial articles as voted by the House, no doubt Pelosi & Co. will initiate new impeachment charges in the House since there is no double jeopardy in this political process.
Also Supreme Court Chief Justice John Roberts in his role as FISA court administrator is conflicted somewhat as the Impeachment judge. Will he allow testimony — if it gets to this — on the role of Ukraine spy operations being used to gather information on Trump campaign using FISA warrants?
As I wrote Thursday, there are many current and former Senators who would rather not see a robust investigation into Ukraine. There are many conflicted politicians in powerful positions sitting in judgment of President Trump who would rather just push this through quickly with a nay vote on impeachment.
I’m of the opinion that the Senate will have a ruling on these articles before we have a Super Bowl champion next month.