https://thehill.com/opinion/white-house/467858-house-finally-will-vote-on-an-impeachment-inquiry-but-who-will-that-help
Well, it’s about time.
House Speaker Nancy Pelosi (D-Calif.) reluctantly alerted House Democrats on Monday that a resolution authorizing the impeachment inquiry they have been conducting for weeks will be introduced this week. This is a welcome step in terms of legitimacy.
Before caving, the speaker’s note to her caucus mulishly maintains that the star chamber which Democrats have been running — mainly through Chairman Adam Schiff’s (D-Calif.) Intelligence Committee, with its closed hearings and selective leaking — has been perfectly proper. This throat-clearing is both telling and misleading.
Pelosi purports to regard as “baseless” the Republican claim “that the House of Representatives’ impeachment inquiry” has not been authorized by a vote of the House. Ironically, she observes that the “Constitution provides that the House of Representatives ‘shall have the sole Power of Impeachment.” That is the whole point — the Constitution vests the impeachment power in the House as an institution, not in the speaker or the majority party. The House only acts as an institution when it votes — exactly what Pelosi has sedulously avoided.
The speaker relies on a dubious ruling issued last week by the federal District Court in Washington — specifically, by Chief Judge Beryl Howell, who was appointed to the bench by President Obama after serving for years as a top aide to the hyper-partisan Sen. Pat Leahy (D-Vt.). Chief Judge Howell directed that grand jury materials from the Mueller investigation be made available to Congress despite the fact that the text of the governing rule limits disclosure to investigations attendant to judicial proceedings. The Trump administration is appealing the decision.
According to Pelosi, in rationalizing her ruling, Howell “confirmed that the House is not required to hold a vote” authorizing an impeachment inquiry. That distorts what the judge said. Howell observed that the historical record on the matter was mixed — there have been inquiries into whether judges should be impeached that have occurred without a floor vote, while impeachment inquiries involving presidents have had them. But the court’s bottom line was that, because the Constitution puts the House fully in charge of impeachment, a court has no authority to tell the House how to proceed. That is not a judicial endorsement of the Democrats’ position; it is an acknowledgment that a judge is powerless in the matter.