To the Editor:
Noah Feldman, the Harvard Law professor called by House Judiciary Committee Chairman Nadler to provide a rationale for impeachment, has now issued an opinion that impeachment has not occurred unless and until the articles of impeachment are transmitted to the Senate. At this point, Trump has not been impeached, in other words. Pelosi says that she is withholding the articles for the purpose of ensuring a fair trial.
Admittedly, Trump was denied due process in the House, and such denial was justified by analogizing the work of Adam Schiff’s Intelligence Committee to a grand jury. The problem now for Pelosi, however, given the analogized approach taken by the House Democrats to the impeachment process is that the accused is the only one entitled to due process [fairness] in a trial on the merits.
Pelosi incorrectly views this as us versus them proceeding and not as the House versus Trump, the person of the accused. By permitting a shortcutting of the normal processes followed in earlier impeachments, Pelosi finds herself and her party in a box of their own making.