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To: ransomnote
I have a question for the local lawfags.

The Sixth Ammendment reads: "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 defense."

Is a Senate trial upon impeachment by the House considered an administrative or criminal proceeding?

If criminal, would Speaker Pelosi not transmitting the articles of Impeachment to the Senate for trial violate President Trump's Sixth Ammendment rights?

WWG1WGA

Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)

LonePalm, le Républicain du verre cassé (The Broken Glass Republican)

156 posted on 12/19/2019 10:52:18 AM PST by LonePalm (Commander and Chef)
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To: LonePalm

It’s not criminal. It is a type of proceeding that is one of a kind, created by the Constitution, not by law. In the Watergate case, the Supreme Court gave judicial powers to the House committee conducting the inquiry, so subpoenas could be enforced by law. The Pelosi House didn’t follow the procedure outlined in that SC case, so they never had an actual impeachment proceeding that had quasi-judicial authority.

The procedure is set out by the Senate however they want to do it, and presided over by the Chief Justice, who can interact with Senators however he wants to. It was generally assumed that they would all follow the laws of procedure and fairness, while also recognizing that there are criminal overtones to “high crimes and misdemeanors”. The House in this case has made a mockery of the Constitution and American notions of due process in general.


194 posted on 12/19/2019 12:29:45 PM PST by Defiant (I hope the Russians trick me into voting for Trump again in 2020.)
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