Letter: The court has no authority to intervene in impeachment

The court has no authority
to intervene in impeachment

In regards to the letter titled “The settled nature of law on executive privilege” (Letters to the editor, Eastbaytimes.com, Dec. 20), stating there is established law on “executive privilege” and that the Democrats did not chose to go to court, knowing they would lose.

The letter-writer is in error as the Supreme Court has held that executive privilege is not absolute in all cases and that Congress may in fact demand the executive branch turn over documents in certain situations.

More importantly, the U.S. Constitution gives the House the sole right to conduct an impeachment and the court has no authority to intervene in the process, which would logically include the subpoenaing of witnesses.

Were the court to interfere or intervene in the process, those members voting to intervene would properly themselves be subject to impeachment for high crimes. As there is no precedent for the procedures, the court would be in fact writing new law, which they cannot do.

Roger Wood
Fremont

 

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