Pelosi Doubles Down, Won’t Pick Impeachment Managers Until Receiving Assurances of Fair Trial

House Speaker Nancy Pelosi (D-Calif.) on Monday reiterated her position that the House will not select impeachment managers until the Senate ensures the chamber will conduct a fair trial. Impeachment managers essentially act as prosecutors, arguing the House’s case against President Donald Trump before the Senate.

“The House cannot choose our impeachment managers until we know what sort of trial the Senate will conduct,” Pelosi wrote before chiding Trump for refusing to cooperate with impeachment investigators. “President Trump blocked his own witnesses and documents from the House, and from the American people, on phony complaints about the House process. What is his excuse now?”

The maneuver was a response to GOP leadership saying publicly they had already drawn conclusions on the president’s innocence and planned to closely coordinate with the White House on the proceedings.

Speaking about the trial from the Senate floor last week, Senate Majority Leader Mitch McConnell (R-Ky.) said there would be “no difference between the president’s position and our position,” while Sen. Lindsey Graham (R-S.C.) said he’d “written off the whole process” of impeachment as a “bunch of B.S.” more than a month ago.

The audacious strategy to strengthen Democrats’ bargaining position was proposed in an op-ed by Harvard Law Professor Laurence Tribe, who noted that it would play to “McConnell’s and Trump’s urgent desire to get this whole business behind them.”

Attorney and impeachment expert Ross Garber countered that the Constitution empowers the Senate to simply set a deadline for the trial to start regardless of the House’s failure to elect managers or deliver the articles.

Others, such as George Washington Law School Professor Randall Eliason, believe the whole ordeal has been blown entirely out of proportion.

But while withholding the articles of impeachment may not ultimately provide House Democrats with much negotiating leverage, the move has managed to garner widespread media attention and appears to have, at the very least, gotten under the skin of one notorious cable news viewer in the White House.

The tactic has provoked several acerbic tweets from the president. He’s called Pelosi “crazy” for trying to “dictate terms of impeachment” and accused her of engaging in a “quid pro quo” with the Senate.

“Pelosi gives us the most unfair trial in the history of the U.S. Congress, and now she is crying for fairness in the Senate, and breaking all rules while doing so. She lost Congress once, she will do it again!,” Trump shot back minutes after Pelosi’s tweet on Monday morning.

[image via YouTube screengrab]

Jerry Lambe is a journalist at Law&Crime. He is a graduate of Georgetown University and New York Law School and previously worked in financial securities compliance and Civil Rights employment law.

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