Harry Litman approves Lawrence Tribe's alternative path in impeachment.

[FBaggins]

13. In this case, neither are House Democrats

This isn’t talking about impeachment hearings. It’s talking about a quasi-judicial newly-invented process where the House holds a trial and determines guilt on their own (including an opportunity for the accused to “mount a defense”). It’s an attempt to create something other than impeachment hearings because the votes aren’t currently there.

The problem is that the House holds no such power and cannot grant it to themselves. “Sense of the House” proceedings do not come with the authority to subpoena information (let alone compel testimony), and would lack legitimacy absent a defense (which trump has no reason to give).

The House could vote on censure right now... what they can’t do is create a process that results in “findings of facts”, etc.