The latest hearing proved once again that Pelosi made the right call on impeachment.
On Monday, the House Judiciary Committee held its latest hearing in the impeachment inquiry of Donald Trump. The hearing further confirmed two main themes that have run throughout these hearings. First, Republicans are opting for disruption and process complaints over substance in their defense of Trump. Second, Speaker of the House Nancy Pelosi made the correct call in delegating the bulk of the work to the House Intelligence Committee rather than the Judiciary Committee.
The job of Democrats, therefore, was to counteract a Republican strategy of belligerence and diversion. Of course, nothing the Democrats could have done would ever penetrate the adamantine carapace of House Republican loyalty to Trump. The Democrats’ audience was outside the hearing room—the relatively small, remaining segment of persuadable members of the voting public and a handful of arguably persuadable Republican senators.
Berke’s opening suffered from two defects. First, it seemed too adversarial, too eagerly partisan. The Republicans’ tale is of Democrats so rabid to destroy a legitimately elected president that they will seize any pretext to bring him down. However much one may disapprove of Trump, he is the president, and any impeachment of the holder of that office should be experienced, and thus portrayed, as a somber and sorrowful duty.
It’s worth noting that, although Berke’s opening might have been better, his cross-examination of Steve Castor, Republican witness , was very effective. This will not surprise trial lawyers. Berke is a defense lawyer. The stock in trade of the defense bar is challenging testimony on cross, not assembling a fluid, persuasive factual narrative.
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