Monday, December 29, 2008

Legal Insurrection: Got News For You -- Emanuel and Jarrett Will Testify, And The Blagojevich Impeachment Trial Will Be Delayed

The Insurgent writes,
The media is all atwitter over the decision of the Illinois House committee considering articles of impeachment against Gov. Rod Blagojevich to deny the request by Blagojevich's attorneys to subpoena Obama aides Rahm Emanuel and Valerie Jarrett. The House decision comes at the request of U.S. Attorney Patrick Fitzgerald, who is concerned that the subpoenas may interfere in the criminal case against Blagojevich.

The media has it both right and wrong. Right, the House apparently made the decision not to issue subpoenas. Wrong, that Emanuel and Jarrett won't have to testify at some point. The media is failing to draw the distinction between the House proceedings drafting articles of impeachment, and the actual trial.
The full link, but the guts of it is this,
The key provisions are the requirement that the Senators do justice "according to law," and that the Chief Justice "shall preside." While there will be plenty of legal arguments over what this means, it is clear that these provisions impose a higher level of due process than the purely legislative House proceedings, which are not limited by such provisions.
Justice according to law....something the Guv's fellow Democrats --and supporters in 2006-- quick to strip away. They won't win.

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