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SEEKONK, MASSACHUSETTS, United States

Monday, January 20, 2020

THE TRIAL OF TRUMP: JUDGING A JOKE? PART 2.

        (REPRINTED FROM PART 1.)


     ARTICLE 1, SECTION 3, CLAUSE 6.
6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

ARTICLE 2, SECTION 4.
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, TreasonBribery, or other high Crimes and Misdemeanors.

Old, Transcript, Constitution, Vintage


SO WHAT CAN WE DERIVE FROM THE CONTENT REFERENCED ABOVE, TAKEN FROM THE BODY OF THE U.S. CONSTITUTION?

DONALD TRUMP WAS NOT CONVICTED OF ANYTHING BY THE HOUSE OF REP. BEING "IMPEACHED" MEANS THAT THERE WAS TANGIBLE AND DEMONSTRABLE EVIDENCE OF WRONGDOING THAT COULD MERIT REMOVAL FROM OFFICE. IT IS THE SENATE THAT "TRIES" ALL "IMPEACHMENTS."

THE "OATH AND AFFIRMATION" TAKEN BY MEMBERS OF THE U.S. SENATE MUST MEAN DIFFERENT THINGS TO DIFFERENT PEOPLE. WHY? IF IT IS DONE TO ENSURE THAT EACH SENATOR SWEARS TO RENDER A FAIR AND JUST VERDICT, ACCORDING TO THE EVIDENCE,THAN HOW DO WE JUSTIFY REPUBLICAN SENATORS SAYING THAT THEY WILL VOTE "NOT GUILTY" BEFORE THE TRIAL HAS EVEN STARTED? IS THIS THEIR DEFINITION OF "DUE PROCESS." IN PRACTICAL TERMS, THEY HAVE VIOLATED THEIR OATH BEFORE ANY TESTIMONY HAS BEEN OFFERED AS EVIDENCE. 

NOTICE THAT THE ONLY TIME THE CHIEF JUSTICE OF THE SUPREME COURT "PRESIDES" OVER AN IMPEACHMENT TRIAL, IS WHEN IT CONCERNS THE POTUS. THIS EXCEPTION MAKES NO SENSE IF IT WAS MEANT TO BE CEREMONIAL IN NATURE, WITH NO REAL POWER OVER THE PROCEEDINGS.


LEGAL DEFINITION OF "PRESIDE"- THELAW.COM LAW DICTIONARY & BLACK'S LAW DICTIONARY 2ND ED.


To preside over a court la to “hold” it-to direct control, and govern it as the chief officer. A judge may “preside” whether sitting as a sole judge or as one of several judges. Smith v. People, 47 N. Y. 384.

GIVEN THIS INFORMATION, HOW DOES EITHER THE PROSECUTION OR DEFENSE, IN THE IMPEACHMENT TRIAL OF DONALD TRUMP, HAVE THE FINAL SAY IN:


- HOW EVIDENCE IS PRESENTED.


- THE TYPE OF EVIDENCE THAT 

  CAN BE PRESENTED.

- WHICH WITNESSES CAN BE CALLED,

  OR RECALLED.

IT IS RIDICULOUS TO HAVE THE PROSECUTION, 

OR DEFENSE TEAM, BEING ABLE TO DICTATE 
HOW THE TRIAL WILL BE CONDUCTED.

THAT IS WHY AN IMPARTIAL THIRD PARTY 

MUST BE THE FINAL ARBITER OF WHAT IS
ALLOWED OR DISALLOWED. THAT IS WHAT
THE FRAMERS OF THE CONSTITUTION REALIZED
WHEN THE MOST POWERFUL INDIVIDUAL IN
GOVERNMENT IS BEING ACCUSED OF ACTIVITIES
THAT VIOLATES HIS OATH, AND POSSIBLY
BETRAYS THE COUNTRY HE IS SUPPOSE TO PUT FIRST.



    

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