Can constitutional experts take down Trump?

Takeaways from the first House impeachment hearing

President Trump.
(Image credit: Illustrated | Steve Parsons-WPA Pool/Getty Images, Wikimedia Commons)

Democrats on the House Judiciary Committee on Wednesday attempted to make the case against President Trump at the House's first impeachment hearing. They did this by calling a group of professors and constitutional legal experts to testify, and while those expert witnesses had some indelible moments, and overall built a credible case that the president's behavior was impeachable, the Democrats continued their penchant for providing their adversaries nearly limitless runway for insane theatrics and partisan ugliness that overshadows their message. This might have been the greatest day for America's beleaguered professoriate in decades, but the hearing itself likely did little change the overall dynamics of impeachment.

At the heart of the Democrats' struggles may be a misunderstanding of what they are trying to achieve. These proceedings aren't a trial — instead, they should be looked upon as an attempt to convince a grand jury to indict the president. As New York Judge Sol Wachtler noted in 1985 in a quote popularized on the CBS drama The Good Wife: "If a district attorney wanted, a grand jury would indict a ham sandwich." And that's all the House can do: Indict, and send it to the Senate, mustard and all.

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David Faris

David Faris is an associate professor of political science at Roosevelt University and the author of It's Time to Fight Dirty: How Democrats Can Build a Lasting Majority in American Politics. He is a frequent contributor to Informed Comment, and his work has appeared in the Chicago Sun-Times, The Christian Science Monitor, and Indy Week.