Hear Ye, Hear Ye, in the case of the House of Representatives vs. Donald John Trump, Senator Schumer (D-NY) took to the well to illuminate the truth for his fellow members. He and Impeachment Manager Schiff (D-CA) said in dozens (upon dozens) of ways that the most compelling issue before the nation was that the Senate held a fair trial. How might that be accomplished? Well, Democrats are convinced that only by allowing them to use the Senate as a stage for more witness testimony would such fairness be achieved. This trial is not, never was, and never will be a legal proceeding; it is a political one.
Let’s take a look at what a fair trial is supposed to mean in these United States.
The Right to a Speedy Trial
If you haven’t been following along, the House of Representatives voted to impeach the president on December 18, 2019, but Democrats waited to advance the case by sending it to the Senate. Why? Per Speaker of the House Nancy Pelosi (D-CA), the documents were held until the Democrats thought it would most advantage them. Timing the procedures in a judicial process to detriment the defendant is a violation of due process and a fair trial.
The Right to an Impartial Jury
Are any of the senator jurors impartial? Have you stopped laughing? Impartial; “treating all rivals or disputants equally; fair and just.” Does that cover anyone in the body? Certainly not the Democrats who see Trump’s demise as their ascension. Or less grandiose motives – the fundraising take from all this must be keeping the accountants on overtime at the DNC. Lest we leave out the GOP, certainly the Republicans are similarly biased for Trump. Partisanship is at an all-time high, with plenty to go around.
The Right to Legal Counsel
Fundamental to the right to an attorney is the right to consult with one privately. The attorney-client privilege is perhaps the best-known privilege in the law, and it means simply that such communication cannot be compelled. How can a president, or anyone for that matter, get sound legal advice if they believe the lawyer will be talking about the issues publicly? Democrats have, again and again, tried to compel Trump’s lawyers to give evidence against Trump – turning the attorney-client relationship on its head.
The Right to Due Process of Law
The prohibitions and permissions surrounding due process aren’t all written down. How many ways can the government violate the rights of the accused? Sadly, too many to count. Perhaps one way, though, would be if law enforcement agents lied to secure a search warrant to spy on a political enemy of their boss. Also, if they illegally leaked information designed to damage the target of the investigation. These are the types of things an appellate court just might consider offensive to the due process rights of the accused.
The Democrat approach during this trial has been to employ Orwellian use of legal terminology to sell the Trump impeachment as something other than political. The whole point of the Bill of Rights was to assert the rights of us, you and I, and every other individual American, against the U.S. government. Against the prosecution. That’s who the founders thought we needed protection from.
Read more from Scott D. Cosenza.