An Interesting Take On Impeachment

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:

    1. An unbiased tribunal.
    2. Notice of the proposed action and the grounds asserted for it.
    3. The opportunity to present reasons for the proposed action not to be taken.
    4. The right to present evidence, including the right to call witnesses.
    5. The right to know the opposing evidence.
    6. The right to cross-examine adverse witnesses.
    7. A decision based only on the evidence presented.
    8. Opportunity to be represented by counsel.
    9. A requirement that the tribunal prepare a record of the evidence presented.
    10. 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.

A Proposed Resolution By Senator Josh Hawley

The Gateway Pundit reported yesterday that Senator Josh Hawley has introduced a Resolution in the Senate regarding the delay of the House of Representative’s delay in forwarding the articles of impeachment to the Senate.

The Resolution states:

Title: Amending the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials.

Resolved, That rule I of the Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials is amended to read as follows:

“I. Whensoever the Senate shall receive notice from the House of Representatives that managers are appointed on their part to conduct an impeachment against any person and are directed to carry articles of impeachment to the Senate, the Secretary of the Senate shall immediately inform the House of Representatives that the Senate is ready to receive the managers for the purpose of exhibiting such articles of impeachment, agreeably to such notice.

If, following adoption of such articles, the House of Representatives does not so notify the Senate or otherwise provide for such articles to be exhibited to the Senate within 25 calendar days from the date of adoption of such articles, as recorded in the Journal of the House of Representatives, such articles shall be deemed exhibited before the Senate and it shall be in order for any Senator to offer a motion to dismiss such articles with prejudice for failure by the House of Representatives to prosecute such articles. Such motion shall be adopted by an affirmative vote of a majority of the Senators, duly chosen and sworn, without debate by the yeas and nays, which shall be entered on the record.”.

The article provides background for the Resolution:

The Senate has adopted a set of 26 rules that govern all impeachment proceedings, known as the “Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials.” Those Rules presume prompt delivery of the articles of impeachment to the Senate following their adoption by the House. Historically, the House delivered articles of impeachment to the Senate for action almost simultaneously with the vote to impeach. During the Clinton impeachment, for example, the articles were transmitted to the Senate the same day they were approved. Consequently, the current Senate rules have no mechanism to address Speaker Pelosi’s unprecedented attempt to prevent a Senate trial by withholding the articles after the President has been impeached.

Speaker Pelosi’s gambit raises grave constitutional concerns. Article 1, Section 3 gives the Senate the “sole” power to try impeachment cases. But if the Speaker refuses to transmit the articles after the President has been impeached, she could prevent the Senate from exercising its constitutional prerogative, perhaps indefinitely.

Senator Hawley’s resolution would amend the Senate’s impeachment rules to prevent this abuse of the Constitution and protect the Senate’s sole power to try impeachment. The resolution would allow the Senate to dismiss for lack of prosecution any articles of impeachment that the House of Representatives has delayed transmitting for 25 calendar days or more. Under this new rule, any Senator would be entitled to move to dismiss once the allotted time period had elapsed. Any motion to dismiss would be voted upon by the full Senate.

This should provide the impetus for Speaker Pelosi to forward the articles of impeachment and stop this endless delay.

Wondering If This Will Actually Happen

The Washington Examiner posted an article today about the negotiations surrounding the trial of Jeffrey Epstein.

The article reports:

Jet-setting financier and convicted sex offender Jeffery Epstein’s trial on child sex trafficking charges won’t start until next June, at the earliest.

Federal prosecutors clashed with lawyers representing the jet-setting financier Wednesday over when the trial should begin, with the government arguing it should kick off next June, while the defense advocated for a post-Labor Day 2020 start date.

The judge didn’t make a definitive ruling, though he said June 2020 is the earliest the high-profile trial, expected to last four to six weeks, would commence.

Martin Weinberg, one of Epstein’s attorneys, claimed that the defense had one million pages of discovery to wade through and argued that a September 2020 trial date would be preferable because “thirteen months sounds like the appropriate amount of time it takes to prepare a case of this magnitude.”

A federal prosecutor countered that the trial should start sooner than that, telling the judge that a delay is not in the public interest and arguing that Epstein should be tried as “swiftly as possible.”

Judge Richard Berman, who finds himself in the national and international spotlight while presiding over this case, hinted the trial might begin around June 8, 2020, but said he’d revisit the exact timing of the Epstein trial in the future.

There are a lot of people who do not want to see this trial take place. Many of them are in very powerful positions in our government. In my mind there is a real question as to whether Jeffrey Epstein will survive in prison long enough to be tried. Prisoners are not known for their compassionate treatment of men who sexually assault underage girls. There are also a lot of famous people who visited his island–some on a fairly regular basis.

Stay tuned.

We Need To Know Who Made The Decision To Bulldoze The Compound

Yesterday The Conservative Treehouse posted an article about the investigation into the Muslim compound in New Mexico where children were being trained as jihadists. The judge involved in the trial of the adults in the case let them out on signature bond. They have ankle bracelets and supposedly will be monitored, but their bail was essentially a signature. Would an American charged with multiple counts of child abuse have gotten off so easily? But then things got even stranger…

The article reports:

The story of the jihadist training compound in New Mexico takes yet another weird turn today, as federal authorities removed the partially buried trailer, bulldozed a portion of the compound in the process, and yet left key evidence including: ammunition, a bullet proof vest, birth certificates and notebooks, laying around.

…The property owner and even local media covering the story are perplexed by the sketchy and haphazard investigative activity of federal authorities charged with investigating the events.  This follows earlier local reports of the feds clearing the compound, only to have the property owner discover tunnels, weapons and ammunition overlooked by the FBI.

…Local media are struggling to present an appropriate context for ongoing events, as the local courts have released the terrorist suspects without bail.

In releasing the suspects: where does the judge think they are going to live considering their previous residence was the illegal terrorist training compound?

The entire story is beyond sketchy, and unfortunately when things get this sketchy in the investigative process we are reminded of the fingerprints of the DOJ-CRS (Dept. of Justice, Community Relations Service).  The CRS is a secret institution within the DOJ Civil Rights Division consisting of very-far-left activists who are allowed to reach into the judiciary and justice system and essentially take over.

Stay tuned. I suspect there will be more on this story when the defendants disappear.