The American Thinker posted an article today about the next step in the impeachment process.
The article notes:
The latest reporting I’ve seen is that the Senate will take up President Trump’s impeachment trial this week. What’s wrong with that, you ask? I’ve already said what’s wrong: the Schiff-Nadler Star Chamber violated President Trump’s Fifth Amendment rights to procedural due process, rendering the resulting impeachment articles null and void as “poisoned fruit.” The GOP leadership should do what the Founders would have done: challenge the legal legitimacy of the impeachment articles. The logic blueprint I will present below — Mr. Jefferson knew logic — will help make the case in court.
As we know, protecting the rights of the accused is of fundamental importance in a just legal system and is a key motivation behind the Fifth Amendment to the Constitution, which asserts that “[no person shall] be deprived of life, liberty, or property without due process of law.” The Supreme Court has interpreted due process broadly to include:
- procedural due process rights,
- substantive due process rights, and
- prohibition against vague laws
- as the vehicle for the incorporation of the Bill of Rights.
Of concern here are only procedural due process rights (PDPRs), which include:
- An unbiased tribunal.
- Notice of the proposed action and the grounds asserted for it.
- The opportunity to present reasons for the proposed action not to be taken.
- The right to present evidence, including the right to call witnesses.
- The right to know the opposing evidence.
- The right to cross-examine adverse witnesses.
- A decision based only on the evidence presented.
- Opportunity to be represented by counsel.
- A requirement that the tribunal prepare a record of the evidence presented.
- A requirement that the tribunal prepare written findings of fact and the reasons for its decision.
I can sum this up with one question, “If you were on trial would you be happy to have the same rights as a defendant that President Trump was given by the House of Representatives?”
If the God-given rights that are supposed to be guaranteed by our Constitution matter, the impeachment case put together by the House of Representatives needs to be thrown out for not respecting those rights.