Why can't the 5th and 14th Amendments (which provide for due process) apply to impeachment? For the simple reason such application would be sauce for the gander, too.@HuffPost @cnnbrk @reuters @maddow If R's want criminal rules then there are several US Senators that would be disqualified as jurors in Impeachment Trial! You can't have it both ways!— MLSwartz (@mlswartz22) October 30, 2019
The Constitution requires the Senate sit as jury over the trial. Individual Senators cannot be excluded in order to assure a fair trial, which is also a requirement of due process. Due process is like pregnancy: it's all or nothing.
It can't apply in the Senate trial, which means it can't apply to the House impeachment proceedings, either.
(It's not exactly a legal argument, but: QED.)
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