The founders are rolling in their graves. Adam Schiff says the eyes of the founders are on the impeachment proceedings. Conservatives know the heart of the constitution governs the impeachment proceedings. The Democrats want you to accept that courts have no role in impeachments.
They assert that privileges do not apply. The Democrats assert precedent has no place. They assert what has happened in the past in these proceedings before should be ignored. Think about that…
What is the function of due process ?
During the proceedings before the judiciary committee the president was denied the right to cross examine witnesses. The president was denied the right to access evidence. The president was denied the right to have counsel present at hearings. Is that what we would want to happen in a proceeding against us?
In America we presume people to be innocent until proven guilty. We provide due process to everyone. Due process is in place to protect the accused. Due process includes: the right to a fair and public trial conducted in a competent manner. What has been fair or public about what went on the House of Representatives?
Some significant parts of due process
Due process includes the right to be present at the trial. What went on in the House of Representatives was not an investigation. It was a trial; a trial in the press. It was a trial where only one side could see the evidence. It was a trial with only one side allowed to participate which is at best prejudicial and biased.
Due process includes the right to an impartial jury. When the prosecution tries its case in the court of public opinion that is not fair. When only one side is allowed to participate in the introduction of evidence; that is not fair. The calling of witnesses and the dissemination of evidence must be available equally to prosecution and defense. Poisoning the jury pool in advance of the trial by going to the press is not fair.
Due process includes the right to be heard in one’s own defense. That was quite simply blocked in the House. Due process requires the laws must be written so that a reasonable person can understand what criminal behavior is. In this case no criminal behavior is even alleged. This is clearly partisan and political.
The Speaker’s justice
We live in America. When did it become okay to railroad anybody? Yes, impeachment is a political process. However, we know what the founders intended in their own words. They did intend corrupt individuals to be removed for specific reasons. Those things are serious breaches of the public trust.
The president’s opponents in their rush to impeach have refused to wait for complete judicial review. Speaker Pelosi clearly expressed her impatience and contempt for judicial proceedings. She said. “We cannot be at the mercy of the courts.”
Does that mean we take Article III of the constitution and remove it? Are we really acting like the courts are an improper venue to determine constitutional issues of this magnitude? That is why we have courts. That is the purpose of the federal judiciary. The founders are rolling in their graves.