Douglas Spencer, law professor, University of Connecticut
"The Constitution is not clear about a lot of things. When it comes to impeachment, however, the language is clear: The House of Representatives “shall have the sole power of impeachment.” The Constitution is also clear that “each House may determine the Rules of its Proceedings.”
The Constitution is clear that the House can follow whatever rules it wants. Congress is engaged in an investigation, not a trial. If the president is impeached (a.k.a. indicted) then he would have the right to present evidence and cross-examine witnesses as part of his trial in the Senate. It is wrong to conflate an impeachment with a trial.
Finally, is there a legitimate basis for the current inquiry? The Supreme Court has held that congressional oversight is not unlimited. In
Watkins v. United States (1957) the Court held that Congressional inquiries “
must be related to, and in furtherance of, a legitimate task of the Congress.” As a result, the Court in 1957 threw out a conviction against union organizer John Watkins who had been held in contempt of Congress for refusing to answer questions by members of the House Committee on Un-American Activities.
The Constitution doesn’t explicitly grant the House of Representatives the sole power of rooting out Communism. On the other hand, the Constitution gives the House the sole power of impeachment. It’s hard to see how
Watkins would apply in this case."
This was an excerpt from a poll of 13 legal scholars (all law professors) who unanimously concluded that the House is conducting this
investigation lawfully and correctly, according to the Constitution. They gave extending reasons for their answers. When the House calls for a vote to impeach, and when they do impeach the president*, then it goes to "trial" in the Senate. At that time, witnesses are called, and witnesses are cross-examined and evidence is presented. At that time, of course, the president* can take the stand and testify under oath that he did not say any of those things that approximately 10 people heard him say in the phone call. Hahahahahahaha… sometimes I am so funny!