Republican Bruce Fein for Slate:
Detractors of an impeachment inquiry by the House judiciary committee into whether President George W. Bush has committed impeachable offenses contend that no questions should be asked until conclusive incriminating evidence is either volunteered up by the suspects themselves or appears before them by spontaneous combustion. In other words, they say, no inquiry should commence until proof of the president's guilt has been unearthed—proof which would, of course, make the inquiry superfluous! The Watergate investigation that dethroned President Richard M. Nixon would never have been launched under such an Alice in Wonderland standard of proof, because it began with nothing more than two obscure figures, E. Howard Hunt and Gordon Liddy, known to have both White House connections and associations with the Watergate burglars.
Article II, Section 4 of the Constitution stipulates: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Article I, Section 2 endows the House of Representatives with “the sole Power of impeachment.” And Article I, Section 3 entrusts the trial of impeachments to the Senate and requires a two-thirds vote for conviction.
The impeachment process thus envisions the House as operating like a sort of grand jury and the Senate like a trial jury. The House investigates to determine whether evidence can be marshaled to prove impeachable high crimes and misdemeanors. And if the answer to that question is affirmative, the House then decides whether to vote articles of impeachment. That judgment represents a collection of prudence, politics, and law akin to prosecutorial discretion. If articles are approved, a trial is held before the Senate with the chief justice of the United States presiding if the president is the accused.
The House does not require, nor should it await, proof beyond a reasonable doubt of misconduct. To wait for such proof subverts the whole purpose of an impeachment inquiry.
And:
If what Bush has said and done falls short of warranting an impeachment inquiry, then impeachment of the president has become a virtual dead letter.
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