I have watched the impeachment hearings and seen President Trump’s tweets and am embarrassed for my country. We have lost sight of the core values of America, those values that have made us the envy of the world.
Chief among those values was and should be a sense of fair play. Everyone should have the right to speak their mind and if accused of wrongdoing be able to defend themselves. The president is wrong when he comes out and attacks his critics and accusers. If you do not like the president, then you have the right to say so.
There was a time when this was done without invective, but no longer. Today we attack any and all personal habits and traits. The president makes up names and insults the integrity of his opponents. The Democrats attack the president with insults and name calling.
The worst part of all of this is the current impeachment hearings, begun with little to no evidence of an impeachable crime. They have concluded without the presentation of any hard evidence, only rumor and hearsay.
The next step was the House Judiciary Committee review of the results of the hearings and writing articles of impeachment. The house will then get the articles and will almost certainly vote to impeach. Unlike past impeachments such as Richard Nixon or Bill Clinton, there is no hard evidence to support the commission of a crime that is impeachable.
Most of what we have seen, and likely will see, is hearsay and opinion. The Ukrainians themselves have said there was no demand and they felt no pressure. We are not currently talking facts or evidence but opinion and spin.
We followed this up with the House Judiciary committee, chaired by Congressman Jerry Nadler of NY, a man who has been an adversary of Donald Trump for years. The committee heard from four so called experts on the constitution and impeachment. Of the four, three were acknowledged opponents of the President and the fourth was a token republican because the chair would not allow any other republican picks.
One of the things that bothers me is that there is not even a pretense at any form of judicial fairness. The Intelligence Committee first met in secret then had a couple of open hearings. According to those with access at the beginning and then on live TV the Democrats ran the hearing as a Star Chamber, controlling the questions and the witnesses while going for a predetermined conclusion. Then onto the Judiciary Committee which began by bringing on four law professors three of whom have been on record as avid Trump haters. One of the witnesses, Pamela Karlan, a law professor from Stanford was quoted from a video last year as saying “I came in from the airport yesterday and I got off the bus from Dulles [Airport] down at L’Enfant Plaza and I walked up to the hotel, I was walking past what used to be the Old Post Office Building and is now the Trump Hotel, I had to cross the street of course.”
Noah Feldman of Harvard once spoke of the high standard of proof needed in Sharia law. In 2008 wrote in the New York Times, “Today, when we invoke the harsh punishments prescribed by Shariah for a handful of offenses, we rarely acknowledge the high standards of proof necessary for their implementation. Before an adultery conviction can typically be obtained, for example, the accused must confess four times, or four adult male witnesses of good character must testify that they directly observed the sex act.”
This of course is what is written but rarely is this standard kept. Feldman and three of the four are hardy keeping to a high standard of evidence since none has been forthcoming. Michael Gerhardt of UNC who has written a number of books on the presidency and impeachment, said the founding fathers would impeach Trump. Only Jonathan Turley of George Washington University pointed out that the evidence so far does not hold to the high standard of impeachment.
All of this goes to the main problem, there is no way to shift through the noise to determine the facts. The only fact we actually know is that a phone call happened between President Trump and President Zelensky of Ukraine in which, amongst a number of topics Trump used the phrase “.. do us a favor.” This was followed by request to see what was known about the DNC server and a group known as crowd source. Later on Hunter Biden was mentioned as well as a request by VP Biden to fire a prosecutor. This last is also considered a fact since Biden himself admitted it.
After all of this we are left with the question, what was the intent of the president? Some who listened to the phone call did not hear anything that they construed as wrong. Others said it was an improper request. None have said it was a violation of law. The house is moving forward with the impeachment proceedings. Speaker Pelosi told Nadler to move forward with articles of impeachment, even though the hearings were only in their second day.
After a very raucous session the Judiciary Committee passed two articles of impeachment, abuse of power and contempt of congress. It will now go to the full house and pass at which point it will go to the Senate for trial. In support of the articles the committee issued a 169-page assessment of the case. In the 169-page report the committee brought up the Constitution 259 times. Never citing evidence but saying the evidence was irrefutable in showing the President violated his constitutional oath. They pounded on the fact that the president obstructed the congressional probe by refusing to allow his staff to appear under order of subpoena by the House. While it is not clear how many subpoenas are active the ones that were issued are being reviewed in the courts.
While the House has insisted that the president is not above the law, agreed, neither is the House. Stating that the House has the sole authority to impeach and that they are co-equal to the president, then so is the judiciary. Let the courts decide the limit of Presidential power to resist the House. Yet while the courts decide many of the democrats are saying it is not up to the courts that the house has the sole power to decide, therefore ignoring the co-equal branch of the Judiciary.
The case of abuse of power hinges on an interpretation of the July 25th phone call. The Democrats say it showed an attempt to interfere with the 2020 elections by a foreign power. The republicans say it was a request to investigate a potential crime by Hunter Biden and perhaps his father, then the VP. The true motive can neither be proved or disproved. This brings us to another legal term, reasonable doubt. If a charge cannot be proved beyond a reasonable doubt, there must be an acquittal.
In the 169-page assessment the Judiciary Committee contends the president committed multiple federal crimes including criminal bribery and wire fraud. Why then not include these charges in the articles of impeachment. Likely because they are criminal charges that need to be proved. Abuse of power is a catchall phrase that lacks specificity or the stringent standards of a criminal charge.
The President has not helped his cause with a constant stream of tweets that for the most part attack the opposition with child like invective. Calling people names and insulting them in other ways does not bode well in Washington or the rest of the country. The concept of innocent until proven guilty should be the way to go. Put out the facts and let the other side try and prove guilt. The release of the transcripts and the denial of the Ukrainian government vs. the opinions and hearsay of the witnesses against him should stand on their own. The president did send Speaker Pelosi a 6-page letter detailing the political nature of the House actions and laying out the defense that was denied him.
The question to resolve is whether or not the President broke the law in a way that justifies his removal from office. The Democrats have said that he does not need to actually break the law to be removed that his actions alone demonstrate that he is unsuited for office. They have called him dangerous to the constitution and the country. They have called “witnesses” that have witnessed nothing and have been shown to be prejudicial to the president. During hearings in the house the presidents’ side was not allowed to make a concerted defense and when they questioned the witnesses they were, in many cases, gaveled to silence.
None of the actions mentioned prove the President innocent, but that is not what drives American justice. You do not have to prove your innocence, the other side needs to prove guilt, which they have not done. The actions of the House are not about constitutional power or a need to save the country but about a political campaign begun November 9th, 2016. The people need to understand the reality of what is going on and understand the danger the country faces if we reduce the process of impeachment to a political activity.
Alexander Hamilton predicted in Federalist 65,“In many cases [impeachment] will connect itself with the preexisting factions … and in such cases there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.”
This entire process is driven by politics, not a concern of law or constitutional fidelity. I am concerned that it may work, not that Trump will be removed but that he will be damaged enough to loss in 2020.
Now that the House has passed the articles of impeachment it goes to the Senate, or does it? For reasons known only to her, Speaker Pelosi is withholding the articles until she is satisfied how the trial will be conducted. This again shows a complete lack of understanding of Constitutional powers. It is the Senate that decides its own rules, just as the House did for its hearings. It is possible that Pelosi fears that a trial will show just how right Hamilton was to fear a partisan impeachment. We will need to see how the Senate handles the trial and what kind of coverage it gets. Yes they will get it and Trump will rightfully be acquitted. The damage this political circus has caused the country is yet to be determined.
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