Opinion | The Rules of Impeachment – The New York Times

“. . .  Central to the resolution’s ambitions are ensuring order, transparency and fairness as the inquiry moves to the public stage. Rules are being set for conducting public hearings (including who gets to question whom and for how long), publicly disclosing depositions and issuing subpoenas. Guidelines have been established for the participation of Mr. Trump and his lawyers and the transfer of evidence from other committees to the Judiciary Committee, where any articles of impeachment would be considered. The rules providing for the minority party to call its own witnesses are basically the same as those set by Republicans during the Clinton impeachment.

Indeed, many of the procedures outlined in the resolution, and in a related set of procedures drawn up by the Judiciary Committee, are in line with those followed in the impeachment inquiries in 1974 and 1998. These include the president receiving copies of all evidentiary material; the president and his counsel being invited to all hearings; and his counsel being permitted to ask questions at the presentation of evidence, submit evidence on the president’s behalf, question witnesses, object to the questioning of witnesses and so on.

Perhaps the most notable departure from precedent is a provision concerning the Judiciary Committee stipulating that if the president “unlawfully” refuses to make witnesses or evidentiary material available to the investigating committees, “the chair shall have the discretion to impose appropriate remedies, including by denying specific requests by the president or his counsel under these procedures to call or question witnesses.” “

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