December 20, 2019

Withholding Trial Unconstitutional

Timothy Birdnow

Alan Dershowitz says withholding the impeachment from the Senate is unconstitutional.

From Newsmax:

It is difficult to imagine anything more unconstitutional, more violative of the intention of the Framers, more of a denial of basic due process and civil liberties, more unfair to the president and more likely to increase the current divisiveness among the American people. Put bluntly, it is hard to imagine a worse idea put forward by good people

Denying President Trump and the American people a trial in the Senate would constitute a variation on the title of my new book, "Guilt by Accusation."

President Trump would stand accused of two articles of impeachment without having an opportunity to be acquitted by the institution selected by the Framers to try all cases of impeachment. It would be as if a prosecutor deliberately decided to indict a criminal defendant but not to put him on trial.

This would deny him the right to confront his accusers and to disprove the charges against him. Tribe himself uses a variant of this analogy.

The President has the right to a trial if charged. Read the Sixth Amendment! It is one of the most fundamental rights in the Constitution. 

What the Democrats are trying to do is deny the President his basic human rights. This is better suited to Venezuela or China than a free society.

Posted by: Timothy Birdnow at 12:40 PM | Comments (3) | Add Comment
Post contains 231 words, total size 2 kb.

1 I believe Dersh. He's a Democrat and is staying one. But he's also retaining his honesty, and his faithfulness to the laws of this country. We can count on him for that. He hasn't forgotten that we are a country of laws and will end up in the sewer of history if we forget that.

Posted by: Dana Mathewson at December 20, 2019 10:28 PM (LVmqo)

2 Yeah, Dana, and he's in for a world of hurt for it, too.

Posted by: Timothy Birdnow at December 21, 2019 06:25 AM (OIYAT)

3  I greatly appreciate you sharing this insightful and informative article. Excellent work, and please keep up the great content. phd thesis writing services in india 

Posted by: writing at November 20, 2024 12:02 AM (fblpt)

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