https://thehill.com/opinion/white-house/469880-adam-schiffs-ham-sandwich-not-an
The most familiar metaphor about criminal investigations is, of course, that a prosecutor could get a grand jury to indict a ham sandwich. Like all good metaphors, there’s enough exaggeration in it to make a strong impression. It resonates, though, because it conveys the entirely accurate sense that a grand jury is a one-sided affair. We’re wired to believe there are two sides — at least — to every story. That’s why the grand jury rubs us the wrong way.
And that’s why the impeachment show — not inquiry show — that Democrats are running should really rub us the wrong way.
Rep. Adam Schiff (D-Calif.) and his House Intelligence Committee are taking the show public this week. The inquiry he’s been running is, he claims, analogous to a grand jury investigation: It’s a preliminary investigative stage before the inquiry’s transfer to the Judiciary Committee for the formal consideration of articles of impeachment.
Grand juries, however, never go public. And that is precisely because they are intentionally one-sided. They are kept secret by law to avoid prejudicing the suspect.
Prejudice is exactly what Schiff is aiming for, however. The point is not impeachment; it is to wound President Trump politically.
To be clear, Schiff’s grand jury analogy is bogus. Congress is not a grand jury. Grand juries are designed to be at least somewhat objective — a body of impartial citizens who, by constitutional mandate, must be satisfied there is probable cause that a crime has been committed before the state is permitted to indict and try a citizen presumed to be innocent. In theory, the grand jury is there to protect the suspect from an overbearing prosecutor. Here, House Democrats are the overbearing prosecutor, not the protective grand jurors.
What is happening in the House is a political exercise. Schiff is a hyper-partisan. With the anti-Trump media leaving his absurd grand jury analogy unchallenged, he exploits it when it is useful, namely, when telling Republicans they will not be permitted to call their witnesses, and he puts the analogy aside when it is not useful, namely, in convening one-sided public hearings.
As a matter of due process, Schiff’s made-for-TV spectacle is a bad joke. That was underscored this past weekend when (a) Democrats gave Republicans a ridiculously short deadline to propose their own witnesses, whom Chairman Schiff reserved the right to veto; (b) Republicans duly proposed witnesses on the issues of Democrats’ collusion with Ukraine in the 2016 election campaign and in possible corruption; and (c) Schiff, as predictably as sunrise, ruled the GOP’s witnesses irrelevant.
In point of fact, the witnesses that Republicans seek to call are entirely relevant to what would be at issue in an impeachment trial, to wit: Is any misconduct by the president alleged in an article of impeachment sufficiently egregious that he should be removed from power?
But, see, a grand jury is not a trial.