Wednesday, October 9, 2019

Impeachment vs. Criminal


The lastest White House tactic that it has been instituted to delay the House Impeachment Inquiry is the issuing of a letter in which the White House states, among other reasons, that the house committees is not giving the president the opportunity to call witnesses or present a defense.

The trouble with this excuse is that the White House is looking at impeachment as a criminal proceeding, which it isn’t. It is a congressional procedure that is govern by the rules of the House (and Senate) and the Constitution. Under the constitution, impeachment is treated as a non-criminal procedure as evidenced by the fact that the President can only be removed from office, if the Senate so votes, and not Removed and placed in jail.


But let us assume that the argument is valid, and this would be considered a criminal procedure. The House investigation is akin to a grand jury investigation in which the defendant is never given the opportunity to present their defense – NEVER! The grand jury only takes the facts presented to it by the state/district attorney and determines if a trial is warranted or not. If the Grand Jury (House of Representatives) decides there is enough evidence, then it goes to trial (the Senate). It is at this point that the defendant (the President) can present witnesses, cross exam testimony, etc.


However, this, again, is NOT a criminal procedure. It is a constitutional power granted to the House and Senate by the U.S. Constitution to protect another branch of the government from abusing its authority that ultimate protects us as Americans.

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