I would think impeachment has to be quasi-judicial, again, to ensure the political legitimacy of the outcome. That “quasi-judicial” nature is precisely why the rules adopted both by the House in its inquiry and the Senate in the trial are so important.
It is clear the Dems in the House were looking to Mueller as their Ken Starr. And that would probably have succeeded if it were not for the fact that Concord actually showed up in court. Remember, the Mueller report claimed that Concord and the other indicted parties worked in tandem with Russia. The court proceedings in the Concord case revealed that not a single piece of evidence existed to support that claim. Mueller was thus forbidden to speak of it in public. That was what made his testimony such a spectacular failure.
Left without a predicate for impeachment articles from Mueller’s report, they had to resort to Intelligence Committee meetings as a proxy where neither the Executive nor the Republicans were allowed to call their own witnesses. And when we did hear witnesses in public testimony, we heard nothing but opinions about what is and is not in the national security interests of the U.S., and hearsay suppositions of the President’e motives.
The rules so far have been a sham in terms of due process. And now the House thinks it gets to insert itself into the Senate’s “sole power to try impeachments”? Please.
The Senate should draft a resolution declaring the articles null and void for the unconstitutional refusal of the House to transmit them — even Noah Feldman has noted that Trump has not been impeached until the Senate is formally notified of such. McConnel should set an 11:59pm deadline on a certain date. If the House fails to transmit the articles for trial, the Senate votes on its resolution and puts an end to this sham.