“I really would like to know what he means by due process. That is supposed to start in the Senate, so he must be talking about some other process.”
The 5th Amendment to the Constitution gives citizens the right of due process. It begins “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; . . .
Due process for a President begins in the House of Representatives which essentially acts as the investigative body and grand jury, hearing testimony from witnesses, reviewing documents, and weighing other evidence. The House then votes to either charge the President with “high crimes and misdemeanors” or the vote fails and the president is not charged. If the president is charged (essentially an indictment like a grand jury indictment) the Senate then conducts a formal trial of the President.
Due process is a two stage process. First the investigation and indictment, then the trial. Graham is correctly stating the Democrats did not give Trump the ability to present his evidence and counter arguments during the indictment process in the House in the 2019 and 2020 impeachments, particularly the 2020 impeachment which was railroaded in a few days. Graham is saying the charging and removal of a president by Congress is such a serious matter it deserves a full, fair, and proper investigation with the president being given due process rights and being allowed to present his evidence to the House members while they are considering bringing charges.
I am not a fan of Linsday Graham or Joe Biden. In fact if any sitting president deserves a full impeachment investigation and Senate trial it is Joe Biden for influence peddling. I am a believer in the Constitution as written, particularly its guarantees of rights of due process and freedom of speech. In this instance I agree with Graham.
If we “conservatives” truly walk the talk with respect to the sanctity of the Constitution we should support a serious and fair impeachment process for Joe Biden or any president. The fact the Democrats denied a fair process to Donald Trump is irrelevant. If we wish to restore the rule of law, under the constitution, any impeachment of Joe Biden must give him the same due process rights any citizen should receive. Lindsay Graham is saying Republicans need to walk the talk. He is correct unless we wish to participate in the destruction of the Republic and contribute to the anarchy and dictatorship that will follow.
You make some good points. I think a lot of the responses here reflect the fact that we hate Lindsey Graham here on Free Republic.
So the responses reflect our ongoing dislike of the person who said this, rather than any discussion of what he said.
Wait a minute, you say due process starts in the House, like in a grand jury, yet in a grand jury only one side is presented. How is that due process?
Excellent reply, thank you for taking the time. It makes sense to me now.