onePolitics Blog (tm)
a blog exploring politics
If you consider all the evidence, Trump committed an impeachable offense.
As more evidence comes out, it shows that Trump, his lawyer Rudy Giuliani, and Mr. Giuliani's associates engaged in acts of bribery when pressure was placed on Ukraine for a political favor. The evidence shows that Trump, and others, worked in concert to commit an impeachable offense. Moreover, recent news reveals that Giuliani associate Lev Parnas is accusing Giuliani of committing acts of criminal conspiracy with Donald Trump. The Parnas documentary evidence alone is damning. Therefore, as new evidence comes to light, the importance of a Senate trial considering all relevant evidence is now more paramount than ever.
Grand juries consider evidence without a defendant being present. Grand juries consider both direct and circumstantial evidence. A defendant is not allowed to cross-examine witnesses or present evidence to a grand jury.
Grand juries indict. After indictment, some criminal defendants are found guilty, others enter a plea bargain, and others are found not guilty. Of course, there is the presumption of innocence.
The evidence a grand jury considers is both direct and circumstantial. After an indictment, new evidence may be discovered during the criminal trial process and allowed into evidence at trial.
Although impeachment does not require a criminal act, it is logical to compare the House of Representatives to a grand jury. The House of Representatives investigates impeachable offenses. The House can hear witnesses, examine documents, and review any other evidence it deems appropriate to pursue its constitutional authority of impeachment. The evidence can be circumstantial or direct. Moreover, most constitutional scholars agree that the acts committed by a president supporting impeachment do not have to be criminal. Although, those acts can be criminal.
Donald Trump is impeached. Regardless of whether Republicans, Trump supporters, Democrats, or any other American thinks the impeachment is proper, it is apparent that the circumstantial, and direct, evidence shows that Donald Trump committed impeachable offenses. As we progress toward a Senate trial, continuing evidence is unfolding showing that Donald Trump was aware of improper conduct to ask a foreign government to investigate his chief political rival. Evidence shows Trump directed the conduct. Therefore, the United States Senate should consider all the relevant evidence.
The United States Senate has a constitutional duty to hear all the evidence when it considers removal. This duty exists regardless of whether the evidence was considered by the United States House of Representatives. The United States Senate has a constitutional obligation to conduct a full, fair, and objective trial. Anything less is an abdication of the oath Senators took relating to the trial arising from the Articles of Impeachment. That oath is worth posting here:
"Do you solemnly swear that in all things appertaining to the trial of the impeachment of Donald John Trump, president of the United States, now pending, you will do impartial justice according to the Constitution and laws, so help you god?"
If Senators abide by the oath they took they must step away from partisan politics. Senators must disregard the political consequences of their actions. Senators must do impartial justice according to the constitution and laws of the United States. The oath must be adhered to even if it means that Senator loses his or her next election.
The oath is a serious one. It was purposefully written to require Senators to rise above the politics that often impacts their conduct. Political reality, however, shows us that this trial will be politics as usual with many Senators doing the political thing and not the constitutionally mandated thing, making the oath they took meaningless.
Unfortunately, this trial will be politics as usual.
“Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.”
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