Opinion | Steve Vladeck: Why the GOP's latest constitutional objection to impeachment is so alarming - NBCNewsTHINK
We shouldn’t pull punches: This argument is utterly preposterous. More than that, if it were made in a court of law, it would be sanctionable. And if one of my students made it, I’d fail them.To be more specific, this claim suffers from three independent structural flaws. First, impeachment is not a “criminal prosecution.” Full stop. The House is investigating whether to recommend articles of impeachment against the president, nothing more.
Third, even when all agree that the Sixth Amendment applies, the right to confront witnesses is not an absolute right to confront every single person who ever had anything to do with the case against the defendant; it is a right to confront those directly offering evidence that is introduced against the accused at trial.
Any one of these long-settled and undisputed propositions would be fatal to this argument. Together, they’re devastating.
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