WH Deputy Counsel: The Idea That There Was Due Process Offered To The President Is Simply Not Accurate

DEPUTY COUNSEL PHILBINSo the President was given a choice of participating in a process that was going to already have the outcome determined – the Speaker are had already said articles of impeachment were going to be drafted – and where there were no plans to hear from any fact witnesses. That’s not due process. And that’s why the President declined to participate in that process, because the Judiciary Committee had already decided they were going to accept an ex parte record developed in Manager Schiff’s process, and there was no point in participating in that.

So, the idea that there was due process offered to the President is simply not accurate. The entire proceedings in the House, from the time of the September 24th press conference until the Judiciary Committee began marking up articles of impeachment on December 11th lasted 78 days. It’s the fastest investigatory process for a presidential impeachment in history, and for 71 days of that process, for 71 days of the hearings and taking of depositions and hearing testimony, the President was completely locked out. He couldn’t be represented by counsel, he couldn’t cross-examine witnesses, he couldn’t present evidence, he couldn’t present witnesses for 71 of the 78 days. That’s not due process.