We submit, as well, that nothing in this unique proceeding - even acknowledging its special political nature - should lead the Members of this distinguished body, who should serve as models for other lawyers to emulate, to abandon the principles of fairness and due process that lie at the heart of their profession. We submit that no lawyer would follow such a course in dealing with any other matter. Yet, the Members of the Committee are being asked to vote on whether there is any basis for believing that the President has committed impeachable offenses - but are being told that nothing will be done to define those offenses until after they have voted. Before a plaintiff's lawyer would file a complaint, she would test the facts her client gave her against the law to determine whether there was a valid claim. Before a prosecutor would even open a grand jury investigation, he would test the information he had against the criminal code to determine whether there was any possibility that a crime actually had been committed. No Member ever has ventured, or seen others venture, into any legal process without some understanding of the standards to be applied. They will be asked to judge whether the evidence before them (untested by the usual adversarial process) provides any reason to believe that the President has violated a standard of conduct that they have made no effort to define. They will do so in circumstances unlike those in any proceeding that they have experienced in their professional careers. Preliminary Memorandum Concerning Referral of Office of Independent CounselĮarly next week the Members of the Judiciary Committee will cast their first votes as participants in a "grand inquest" charged with responsibility for the most grave of constitutional proceedings. Initial Response To Referral Of Office Of Independent Counsel.Memorandum Regarding Standards For Impeachment
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