“The impeachment trial is a sham,” he said. Blagojevich said he was being denied due process because he is unable to subpoena witnesses.
For instance, he said he wants to call Rahm Emanuel, President Barack Obama’s chief of staff, to testify on his behalf. He noted that Emanuel in a television interview “made it clear nothing inappropriate” was said in his conversations with Blagojevich about naming someone to Obama’s former Senate seat.
Impeachment is not a criminal trial and so due process is irrelevant. It is a legislative function by the legislative branch. This is on purpose because the power of impeachment isn’t to convict someone of a crime, but to remove them from office which does not require a crime be committed. While criminal behavior may underly an impeachment trial there are many reasons for impeachment that are not necessarily criminal.
Perhaps the Governor should read the impeachment rules. Rule 15 sets forth a specific procedure for calling witnesses and issuing subpoenas. Again this is not a court proceeding so there must be something similar to the way the legislature gets witnesses to their hearings. You cannot just create subpoenas if they are to have legal impact.
The Governor’s behavior here is his final thumb in the eye of Illinois citizens. He will be gone by next Tuesday or Wednesday and we will finally be able to begin the task of rebuilding a government he has destroyed.