Posted on 09/21/2018 7:16:21 AM PDT by xzins
Amendment 6 - Rights of Accused in Criminal Prosecutions
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
(Excerpt) Read more at constitutionus.com ...
The democrats are all accusing Kavenaugh of rape or attempted rape a criminal offense.
He is before the government under oath in this Senate hearing.
He has the right to be confronted by his accusers.
The Senate is bargaining away this man’s right to face his accusers.
But what does the Constitution say about rights in political proceedings like this?
I thought it was illegal to lie to the FBI.
How come Ford wasn’t prosecuted when they determined her story to be not credible?
Sorry, the 6th only applies to criminal proceedings.
It’s not a criminal proceeding. It involves alleged criminal ACTS, but the matter is not being heard in a criminal PROCEEDING. Thus, the 6th is not directly on point.
The left is talking about FBI investigations, felony rape and assault charges, and the like. The 6th Amendment applies.
> The 6th Amendment applies. <
I believe taxcontrol is correct. The 6th Amendment does not apply. True, crimes are being discussed here. But this is not a criminal trial. Kavenaugh is not under threat of fine or imprisonment.
Can someone explain how the FBI has any authority in this matter even if they were to determine that her claim was credible? If what she claims is true, it would be a state crime and should be investigated by the Maryland State Police or the Bethesda(?) Police Department. There is no alleged federal crime here.
All of these know-nothings on TV fail to acknowledge that Clarence Thomas was alleged to commit a federal crime in a federal building, which is entirely within the responsibility and jurisdiction of the FBI. Big difference from this professor alleging a state crime, where the statute of limitations has long passed.
Criminal trial, only.
Personally, I think anybody can accuse anyone of anything; *ONLY* what is returned in a court of law should matter.
I’m willing to give even the slimiest Democrat this same benefit of the doubt- *ANY* accusation should be proved or the accuser humiliated, left or right, a person I like or a person I loath.
Everything is always knowable (at least anything worth making a decision on), that which can’t be measured doesn’t matter as far as I am concerned.
Date, time, place, first hand witnesses/photographic proof or STFU -be they Dem or Republican.
Cranky .02
This isn’t taking place in a court, so it doesn’t really apply. This is taking place at a confirmation hearing in the Senate.
Because this is under oath, and the accusation are criminal, Judge Kavenaugh is arguably under legal jeopardy for criminal charges.
I haven’t heard that the FBI made an official statement like that
Again, since Kavenaugh is under oath, there is legal jeopardy.
Correct. It is not directly a criminal proceeding, but it is under oath before a legal body that can pursue as it determines.
So, Kavenaugh is under legal jeopardy.
I agree with you.
Anyone who thinks that Kavenaugh isn’t under oath and therefore in legal jeopardy isn’t thinking clearly
Do you trust FBI Director Wray and his stable of democrat stooges?
But this is not a prosecution, it is an accusation.
It’s under oath. There is legal jeopardy.
Maybe when there are criminal charges the 6th Amendment will be relevant.
As for now, Im pretty sure Grassley wants nothing to do with treating this like a trial with all of its procedural constraints.
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