General Discussion
In reply to the discussion: What exactly would occur in the early stages of an impeachment inquiry that's not happening now? [View all]The Velveteen Ocelot
(128,785 posts)The rules under which congressional committees operate have changed quite a bit since the Watergate hearings and subsequent impeachment hearings; the committees now have broader subpoena power than they did then. At that time they had to vote to authorize subpoenas; subsequent rule changes give them the authority to issue subpoenas without a formal resolution. It's not likely that a formal impeachment process would alter consideration of the most difficult issue, that of executive privilege. Here's a good article explaining how and to what extent (if any) the investigation process would be different if a formal impeachment proceeding were to be initiated: https://www.lawfareblog.com/what-powers-does-formal-impeachment-inquiry-give-house
One possible difference - at least in theory - is the power to obtain grand jury information:
But on April 5, the U.S. Court of Appeals for the D.C. Circuit ruled that judges dont have inherent authority to release grand jury materials and must instead rely solely on exceptions outlined in Rule 6(e). So if the committee wishes to access that information, Nadler will likely need to convince the judge overseeing the Mueller grand jury that release of materials to the committee is preliminarily to or in connection with a judicial proceeding. Bottom line: It is easier to argue that an open impeachment proceeding is akin to a judicial proceeding than it is to argue that any run-of-the-mill oversight activities are preliminary to a judicial proceeding.
It is also possible that courts would expedite their proceedings if a formal impeachment was in progress:
But the gist of this article is that the House wouldn't have significantly more power under a formal impeachment resolution than it does now.