Ex-prosecutor flogs GOP Whip for ‘really dumb’ argument impeachment should be declared a mistrial

The number two Republican in the House of Representatives offered a novel defense of President Donald Trump.

Rep. Steve Scalise (R-LA), the Minority Whip, claimed that Speaker Nancy Pelosi needed to declare a "mistrial" in the impeachment investigation.

"It's clear Pelosi needs to declare a mistrial," Scalise argued. "This has been a tainted process from the start."

Former federal prosecutor Mimi Rocah, who worked in the Southern District of New York, fact-checked Scalise's argument.

"Actually, in a court of law, the trial wouldn’t even have started yet so this is really dumb. House is in the investigation/grand jury phase which always takes place behind closed doors," Rocah explained.

The trial phase in impeachment would occur in the United States Senate, with Chief Justice John Roberts presiding.

Rocah suggested that Scalise would miss the days when testimony was being given behind closed doors.

"The open hearings and trial part is coming and you’re really gonna hate that part," she predicted.

Barbara McQuade, who is also a former prosecutor and MSNBC legal analyst, offered her thoughts.

"Wrong, wrong, wrong," she tweeted.

"In a court of law, there is no trial until there is an investigation. That occurs behind closed doors. Only after a grand jury votes to indict is there a public trial. We are still in the investigative stage," she noted. "No mistrial, no taint, no due process violation.