Posted on 01/24/2020 11:37:30 AM PST by ProtectOurFreedom
Rep. Adam B. Schiff (D-Calif.), the House Democrats’ lead impeachment manager, argued against the Senate Republicans’ proposed trial rules Tuesday by analogizing the impeachment process to a criminal trial. As a former federal prosecutor, he knows exactly how disingenuous that analogy is.
Federal criminal trials are governed by the Federal Rules of Criminal Procedure. One might argue that the entire analogy falls at the outset, as the House Democrats’ articles of impeachment do not claim that President Trump committed a crime. But overlooking that minor point, the House’s procedure failed every test those rules establish. The latest Trump impeachment trial updates
The House’s articles have been analogized to an indictment, but indictments can only be brought if they are sanctioned by a neutral, disinterested party. A prosecutor must persuade either a judge or a grand jury that there is probable cause a defendant committed a crime to initiate a case. No serious person can call the House Democratic caucus a neutral, disinterested party.
Nor can a prosecutor obtain evidence under subpoena on their whim. Anyone with a subpoena to provide testimony or written evidence can challenge that in court, as many recipients of such subpoenas in investigations supervised by the office of former special counsel Robert S. Mueller III did. That is exactly what the president has tried to do in many instances with respect to subpoenas issued by committees controlled by House Democrats. But Schiff and his colleagues not only chose not to permit the judicial process to play out with respect to those subpoenas; they chose to call the president’s attempt to avail himself of his rights “obstruction of Congress” and an impeachable offense itself. How Orwellian.
The list goes on.
(Excerpt) Read more at washingtonpost.com ...
They’re looking for a scapegoat when the inevitable acquittal comes.
“Trial” is a misnomer. This farce has no resemblance to legitimate U.S. legal proceedings, civil or criminal.
It does smack of that, doesn’t it?
If it were a ‘criminal trial’ they would have been thrown out of court by now.......................
Schiff is trying to keep him and his family out of prison.
This impeachment baloney is just a smokescreen.
It’s truly bizarre to hear Democrats talking about the process like it’s a criminal trial and whining that they’re “entitled to a fair trial.” The whole concept, in the context of a criminal prosecution, of a “fair trial” is fairness to the DEFENDANT who has a presumption of innocence.
As a side note to this thread, please consider the following.
Patriots are reminded that the Founding States gave both Houses of Congress the specific power to remove bad-apple members on a 2/3 supermajority vote of that House.
"Article I, Section 5, Clause 2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member [emphasis added] [emphasis added]."
That being said, neither Pelosi or Schiff should be in positions of power imo.
But a possible explanation why the House has not pressed the “expel button” regarding these misguided “leaders” is the following imo.
Not only is Schiff evidently Pelosi’s right-hand mock impeachment man, but Pelosi is allegedly helping to fund reelection campaigns for Democrats.
In other words, no Pelosi, no campaign funding.
"It’s not just that Nancy Pelosi raises money for her political caucus, it’s that Nancy Pelosi uses that money as a political weapon against anyone who would potentially vote against impeachment," Gaetz said." —Rep. Gaetz Claims He Heard Democratic 'Threats' on the House Floor
"It was the only "quid pro quo" Gaetz said he observed throughout the impeachment process."
If the possible loss of campaign funding is holding back representatives from giving the boot to Pelosi and Schiff, then this situation defeats the purpose of the expel clause imo.
Remember in November!
MAGA! Now KAGA! (Keep America Great Always!)
ping!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.