Archive for the ‘Sixth Amendment’ Category

Each time Speaker Pelosi or Sen. Schumer insist that they need additional witnesses, Republicans should remind them that the impeachment investigation wrapped up when the House Judiciary Committee voted to approve articles of impeachment. That vote signified the end of the impeachment investigation. In fact, a strong argument could be made that the Schiff Report to the House Judiciary Committee ended the investigation since the House Judiciary Committee didn’t call any fact witnesses.

The minute that the House voted to approve articles of impeachment is the moment that their authority died. The House, aka Speaker Pelosi, doesn’t have the constitutional authority to try the House’s articles of impeachment. Article I, Section 3, Clause 6 states “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”

It’s clear that the House has the authority to appoint impeachment managers who will present the House case to the Senate. Once that presentation is finished, however, the House should totally irrelevant. Apparently, Republicans have the votes to pass the rules governing the impeachment trial:

Senate Majority Leader Mitch McConnell said Tuesday that he has the votes to set the ground rules of the impeachment trial for President Donald Trump — without Democrats’ support.

McConnell first made the remarks during a closed-door lunch with his fellow Republican senators on Capitol Hill, an official in the room told CNN, before McConnell made the announcement publicly during a news conference following the lunch. McConnell made clear he had no plans to move forward on a trial until the two articles of impeachment are sent to the Senate, as he has said publicly.

“We have the votes once the impeachment trial has begun to pass a resolution essentially the same, very similar to the 100-to-nothing vote in the Clinton trial, which sets up what’s best described as a phase one,” McConnell said Tuesday.

That’s excellent. It’s fantastic that Sen. McConnell can tell Speaker Pelosi to butt out. Now that Sen. McConnell has the votes to pass the Clinton Impeachment rules, Speaker Pelosi can pick her impeachment managers and transmit the House’s articles of impeachment to the Senate. I can’t imagine that the Senate Democrats running for president want this dragging out that long. They’d prefer getting this in the rear-view mirror ASAP. In fact, those Democrats probably want it done faster than President Trump wants this over.

For the past 3 weeks, we’ve heard one article after another about what a brilliant tactician Speaker Pelosi is. Quietly, I’ve noticed what a skilled negotiator Sen. Mitch McConnell is. This time, the skilled negotiator got the better of the brilliant tactician.

It’s time for President Trump’s legal team to expose the Democrats’ partisan impeachment attempt as the joke that it is. I’ve frequently said that the only testimony that the Democrats have is hearsay testimony, which isn’t admissible in federal courts except in rare exceptions.

This afternoon, GOP senators sent an unmistakable message to Speaker Pelosi. With Josh Hawley as the leading co-sponsor, co-sponsors “Sens. Rick Scott of Florida; Mike Braun of Indiana; Marsha Blackburn of Tennessee; Ted Cruz of Texas; Steve Daines of Montana; John Barrasso of Wyoming; Tom Cotton of Arkansas; Joni Ernst of Iowa; David Perdue of Georgia; and Jim Inhofe of Oklahoma” joined with him “to introduce a resolution allowing the chamber to dismiss articles of impeachment against President Trump for lack of prosecution, as House Speaker Nancy Pelosi delays sending the case for trial.”

Next, Sen. Hawley delivered this powerful, stirring speech:

Here’s part of what Sen. Hawley said in his speech on the Senate floor:

In the real world, when a prosecutor brings a case but refuses to try it, the court has the ability and the defendant has the right, the constitutional right, I might add, to have those articles, those indictments, those charges dismissed. That is precisely the action that I am proposing today.

Here’s the heart of Sen. Hawley’s official statement:

Speaker Pelosi started this bogus impeachment by claiming President Trump was an urgent ‘threat to democracy’ who had to be removed now. But after a bipartisan vote against the articles in the House, and with the public opposed to the Democrats’ partisan games, Pelosi has changed her tune. Now she wants to prevent a Senate trial, perhaps indefinitely. But the Constitution gives the Senate sole power to adjudicate articles of impeachment, not the House. If Speaker Pelosi is afraid to try her case, the articles should be dismissed for failure to prosecute and Congress should get back to doing the people’s business.

This impeachment is a travesty. I’ve written multiple times that Democrats don’t have any proof of high crimes and misdemeanors. The Democrats’ case, if you can legitimately call it that, specializes in hearsay testimony. If this was being tried in a court of law, at least 75% of the Democrats’ testimony couldn’t be admitted because it was hearsay. Sen. Cruz added this statement:

Since the start of the impeachment process, Speaker Pelosi and House Democrats have made a mockery of our Constitution and abused impeachment for political gain. Now, they’re undermining the role of the Senate by attempting to dictate the terms of the Senate’s trial. Under our Constitution, the Senate has the sole authority to try impeachment. It is the Senate’s duty to take up these articles without delay, and to resolve them in a timely and constitutionally appropriate manner.

The Sixth Amendment requires the right to a speedy trial. Serious people question whether Pelosi’s Democrats are interested in upholding President Trump’s civil rights. Pelosi and Pelosi’s Democrat minions lied about the need to impeach President Trump on an expedited schedule. Then she decided to hold the official but flimsy articles of impeachment rather than transmit them to the Senate where a trial could be held.

Chairman Schiff told the American people that not impeaching President Trump on an expedited basis was the equivalent of arguing to just let him cheat one more time:

We were told that democracy itself hung in the balance. Now we’re being told that Speaker Pelosi wants to negotiate better terms for Senate Democrats by not transmitting the articles of impeachment. This afternoon, Josh Hawley essentially told Pelosi to butt out and let the Senate run the Senate.

Apparently, Democrats aren’t interested in the American people’s needs. That’s obvious since they’re talking about another impeachment investigation. This isn’t speculation. Democrats filed briefs “Monday related to their quest for testimony from former White House Counsel Don McGahn and secret grand jury material from former Special Counsel Robert Mueller’s investigation” that referenced another impeachment investigation.

Whether they’re serious about another impeachment investigation or not is almost immaterial. It’s clear that Democrats are serious about another round of investigations into President Trump. Keeping Democrats in the majority in the House means that Democrats won’t focus on the people’s business. It means that they’ll spend their time investigating President Trump in an attempt to hurt him internationally and electorally.

Democrats insist that President Trump’s phone call to President Zelenskiy hurt the US’s national security. Quite the opposite is true. The Democrats’ intentional timing decisions on their investigations has weakened President Trump’s position while he negotiated with China, North Korea and the EU. Democrats scheduled an investigative hearing for the day that President Trump started the Singapore Summit. They pulled the same stunt when President Trump met with Xi Jinping.

Democrats should continue acting like dictators. That’s what Pelosi is acting like. She has a lengthy history of that type of behavior, starting with shoving the ACA down our throat. The House Democrats’ leader’s latest dictatorial move was what might be called Pelosi’s hurry-up-and-wait impeachment drama. That’s where she rendered a verdict at the start, then finished with a vote that confirmed that pre-ordained verdict.

The Resist Movement, which Pelosi’s Democrats are part of, hate President Trump. They’re the ones approving of the Judiciary Committee’s Democrats changing the rules virtually on a daily basis. They’re the ones approving of the Intel Committee’s Democrats changing the rules virtually on a daily basis when they were taking depositions. These Democrats don’t represent the rule-of-law. These Democrats don’t value fairness or due process, either. Here’s how they value due process:

As long as the Resist Movement is giving House Democrats their orders, House Democrats will continue their impeachment attempts. That’s why it’s time to throw these tyrants into the dustbin of history. Lindsey Graham got it right with this tweet:

Yesterday, for the umpteenth time, Democrat Impeachment Committee Chairman Schiff insisted that the Sixth Amendment’s protections shouldn’t protect President Trump. It’s time to out the CIA snitch, then demand that he testify. Lt. Col. Vindman essentially admitted that he spoke to the CIA snitch during questioning from Republican Ranking Member Devin Nunes:

Lt. Colonel Alexander Vindman admitted to the House Intelligence Committee Tuesday to leaking information to the anti-Trump whistleblower at the center of the Democrats’ partisan impeachment proceedings. “Lieutenant Colonel Vindman, did you discuss the July 25 phone call with anyone outside the White House on July 25 or the 26 and if so, with whom?” Republican Rep. Devin Nunes of California inquired.

“Yes. I did,” Vindman answered in the affirmative. When pressed on who Vindman spoke with about the call, Vindman said he spoke with two individuals not in the White House, including Deputy Assistant Secretary George Kent and another individual in the intelligence community that Vindman refused to name before being cut off by Democratic Chairman Adam Schiff.

“We need to protect the whistle-blower. Please stop. I want to make sure that there is no effort to out the whistle-blower through these proceedings,” Schiff interjected. “If the witness has a good faith belief that this may reveal the identity of the whistle-blower, that is not the purpose that we’re here for. I want to advise the witness accordingly.”

At this point, it’s time to end this theatre. It’s disgusting that Adam Schiff is working with Trump-hating lawyer Mark Zaid to protect Zaid’s client. If House Democrats impeach President Trump, the CIA snitch will be forced to testify or be put in jail. (If the CIA snitch refuses to appear after getting slapped with a Senate subpoena, Mitch McConnell will march into court and demand that the court uphold the Sixth Amendment’s protections. At that point, the judge will quickly rule in the Senate’s favor. At that point, Eric Ciaramella will be forced to testify or go to jail.)

Republicans should confront Schiff on this constitutional issue. Forget about the ICWPA statute. The Sixth Amendment guarantees President Trump’s attorneys the right to confront his accuser.

Democrats, especially Schiff and Pelosi, have played hardball with impeachment. It’s time to confront them. These Democrats have shown that they aren’t interested in ending this stalemate. These Democrats are interested in extending this stalemate. Force vulnerable Democrats to s–t or get off the pot. This is truly a ‘you’re with us or you’re against us’ moment. This isn’t nuanced. This isn’t complicated. It’s just one of those situations where diplomacy should get replaced with brass knuckles and RPGs.