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Fact-check of the Trump administration's response to the House impeachment resolution



In a statement, White House press secretary Stephanie Grisham said the resolution "did not provide any due process to the administration," calling it "unconstitutional."

Trump voiced his administration's complaints in an interview with British radio station LBC, which aired shortly after the vote. Referring to the resolution, he said, "They gave us absolutely no rights."

Facts First: The resolution does not disrupt the due process nor is it unconstitutional. In fact, part of the resolution explicitly describes the president's rights in the impeachment investigation.

In a section authorizing the Judiciary Committee to conduct proceedings, the resolution noted that they should include "such procedures as permit the participation of the President and his counsel."

According to a fact sheet published by the Committee by home rules, these procedures include the ability of the chairman or his counsel to present their case, attend hearings, request additional testimony, call witnesses and object to testimony given. There is a warning that "if the president refuses to cooperate illegally with the demands of congress," then the degree of administration's involvement is at the discretion of the chairman of the committee.
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Although the Trump administration may dislike the principled impeachment resolution, the resolution is dedicated to outlining procedures, rights of all parties and consequences. It is therefore inaccurate to argue that the resolution does not provide for due process where the due process law is interpreted as a right to fair procedures that must be pre-determined before attempting to "deprive" them of "life, liberty or property" ".
William Banks, a law professor at Syracuse University, told CNN that "some will see the new procedures as a due process process and there is no harm in that opinion. Because such a "due process" is synonymous with "justice. "

" There is nothing in the Constitution, nor in the law, nor in the rules of the Chamber, to prescribe a specific impeachment procedure, "Banks added.

The Constitution notes only the basis of impeachment and that the House "will have the sole power of impeachment", while the Senate "will have the sole power to try to make all impeachments."

"The resolution of the House is by no means 'unconstitutional'," Banks said. "The resolution provides more than is required."


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