Democrats have abandoned bipartisan format of Clinton impeachment

Published October 10, 2019 4:01am ET



House Democrats have abandoned a long-standing tradition of bipartisan cooperation when it comes to launching impeachment inquiries.

Democrats are holding hearings behind closed doors and have so far provided Republicans with little more than the right to question witnesses who show up in a secure hearing room in the basement of the U.S. Capitol.

Republicans have labeled the process a “clown show,” “kangaroo court,” and “a sham,” and the White House has refused to cooperate.

“The whole process is partisan and unfair,” Rep. Jim Jordan of Ohio, the top Republican on the House Oversight Committee, told the Washington Examiner.

The Democrats are employing a far different procedure than the accord the parties arranged two decades ago when lawmakers weighed the impeachment of President Bill Clinton.

Democrats paid few compliments to the House Majority GOP in December 1998, when the party opened a formal impeachment inquiry into Clinton based largely on his tryst with a White House intern.

But Democrats at the time acknowledged the two parties cooperated significantly when it came to setting the rules for the inquiry, even though most Democratic lawmakers objected to impeachment.

The Clinton impeachment inquiry opened in December 1998 with a bipartisan agreement that the rules would be based on those used in 1974 during the impeachment investigation into President Richard M. Nixon. Those rules provided the minority with some rights, including the power to call witnesses and to seek authority to issue subpoenas.

The cooperative deal for the Clinton inquiry was struck by House Judiciary Committee Chairman Henry Hyde of Illinois, and the top Democrat on the panel, Rep. John Conyers, Jr., of Michigan.

“Mr. Chairman, you and I have worked more closely together than at any other time in our careers,” Conyers told Hyde at the launch of the first impeachment hearing, which was open to the public.

“And I want to thank you for the many untold efforts that you have made, including providing Democrats the Watergate rules of operation which we sought.”

Conyers at the time praised a largely bipartisan process to develop many of the rules for the impeachment inquiries.

“You know as well as I,” Conyers told Hyde, “that whatever action this committee takes must be fair, it must be bipartisan, for it to have credibility. The American people deserve no less, and history will judge us by how well we achieve that goal.”

Conyers was afforded the right to request or refuse subpoenas, an unusual right for the minority party, although Republicans had the final say if Conyers and Hyde disagreed.

Sharing subpoena power was “critical” to the impeachment inquiry and that Democrats “were quite satisfied with the procedures,” Conyers told Hyde.

The impeachment inquiry now underway in the House is not following the rules or bipartisan parameters employed in 1998. House lawmakers never voted to open the inquiry, and Republicans did not weigh in on how the inquiry will proceed in committee.

Instead, the investigation has been led by the secretive House Intelligence Committee under the normal rules that govern the panel and which award the majority all the power.

Most of the hearings and depositions have been closed to the public, and the full transcripts have not been released.

Two other panels, Foreign Affairs and Oversight, have been invited to some of the closed proceedings.

There are no plans to change those rules or to give more rights to the GOP, a spokeswoman for Speaker Nancy Pelosi told the Washington Examiner.

Republicans “have the full panoply of rights, afforded to them under regular committee rules,” the spokeswoman said.

Republicans argue the impeachment inquiry should be more bipartisan and open to the public.

They are demanding the release of witness transcripts, in particular the one produced from the testimony of former U.S. special envoy to Ukraine Kurt Volker, who GOP lawmakers say disproved accusations the president attempted to arrange a quid pro quo with Ukraine to investigate political rival Joe Biden.

Republicans have no plans yet to hold public hearings after last month’s televised session with acting Director of National Intelligence Joe Maguire.

“There are no established rules or parameters at all,” Jack Langer, a spokesman for Rep. Devin Nunes of California, the top Republican on the Intelligence Committee, told the Washington Examiner. “The Democrats are just inventing them as they go.”

The Democrats’ path forward is vague. Pelosi has not decided whether to bring up articles of impeachment on the House floor or whether the articles would be drafted by the Intelligence panel or the Judiciary Committee, which has historically handled impeachment articles.

If the House passes articles of impeachment, it’s up to the GOP-led Senate to hold a trial. Republicans there may move to simply dismiss the case, in part because House Democrats conducted an entirely partisan inquiry that was launched without a House vote.

“Overturning the results of an American election requires the highest level of fairness and due process, as it strikes at the core of our democratic process,” Senate Majority Leader Mitch McConnell said. “So far, the House has fallen far short by failing to follow the same basic procedures that it has followed for every other President in our history.”

Senate Republicans have begun to counter the House-led impeachment inquiry in an effort to provide GOP input that has been sidelined across the Capitol.

Senate Judiciary Committee Chairman Lindsey Graham, invited Trump’s personal attorney, Rudy Giuliani, to testify about why Trump wants to investigate the actions of Democrats and 2020 presidential hopeful Joe Biden in Ukraine.

The South Carolina Republican also called on Democrats to release the transcript of Volker’s testimony.

“If House D’s refuse to release full transcript of Volker testimony as requested by Congressman Jordan, it will be an abuse of power,” Graham said Wednesday on Twitter.

“If this continues, I will call Volker before the Senate Judiciary Committee to testify publicly to ensure the full story is told.”