And The Saga Persists!
I have tried to keep my reader informed…it matters not whether you believe Trump is guilty or not….the important thing is the adherence to the Constitution.
I realize that it has been 2+ weeks since my two papers on the subject of impeachment and since there has been so much time under the bridge I feel I need to refresh my readers knowledge of those 2 papers…….never let it be said that I would leave you hanging…..
To begin in case you spend your time under a rock or on FOX News……
The president of the United States has been impeached by the US House of Representatives and now it moves to the Senate for the trial…..
Keep in mind there will be a trial and like all trials there is an oath that the Senators must take before the “Trial” begins…..
“I solemnly swear (or affirm, as the case may be) that in all things pertaining to the trial of the impeachment of __________________, now pending, that I will do impartial justice according to the Constitution and laws: So help me God.”
Will this oath mean anything these days in the hyper-partisanship? I think it will mean NOTHING!
The media has done little to clarify what a “trial” is all about…instead they throw a wealth of opinion from a wealth of lawyers on what all this means.
That leads the Old Professor to try and help where he can.
If the “Trial” is to be fair then it needs to adhere to some principles…..first the process……
Article I of the Constitution grants the House the sole power of impeachment, and if the House does impeach, the Senate the “sole power to try all impeachments.” It also provides that the Chief Justice of the U.S. Supreme Court will preside if the trial involves a president. The Constitution authorizes the Senate to “determine the rules of its proceedings,” including additional rules governing an impeachment trial by the Senate. The Senate has established and may modify its own rules supplementing these constitutional requirements.
Now we go to the Senate and there are some principles that must be observed…….
Four principles for conducting a full, transparent, and fair impeachment trial:
- Trial procedures should be established before the trial commences. A trial can only be fair if the rules are agreed to in advance. For that reason, any supplemental rules or modifications to the existing rules should be agreed to before the trial commences.
- The Senate should hear the full case before voting on the President’s removal. The Senate must allow members of the House to present the case for the President’s removal and the President should be afforded an opportunity to respond. Both should occur before a vote to dispose of or approve an article of impeachment.
- The trial should be open to the public. An impeachment trial of a president is a matter of exceptional importance to the American people. They should be able to understand the case for the President’s removal and the President’s defense. The doors to the Senate chamber should be open and the American people permitted to witness the proceedings to the extent possible. Transparency should only be sacrificed to advance compelling interests such as the sanctity of Senate deliberations, the need to protect legitimately classified information, or the recognition of a whistleblower’s right to anonymity.
- Each Senator should take seriously his or her oath to “do impartial justice” and to “support and defend the Constitution.” The question is not whether to support the President. The question is whether the President has committed treason, bribery, or other high crimes and misdemeanors within the meaning of the Constitution.
The problem with this Trial is that I already see where two of the principles have been violated…..and that would mean that this will NOT be a FAIR trial.
There is a process for a fair and transparent trial…and so far Mitch has done neither….but do not take my word for it…..
How a Fair, Transparent Impeachment Trial Should Proceed
My problem is that too many Americans are allowing partisan stupidity to take hold and are turning this process into a circus of lies and moronic babble.
This country is better than this sideshow…at least I still believe we are….but that belief is getting weaker by the day.
I Read, I Wrote, You Know
“Lego Ergo Scribo”