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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.



    

Sunday, January 19, 2020

THE TRIAL OF TRUMP: JUDGING A JOKE? PART 1.

Donald Trump, Pop Art, Edit, Dollar

WITH THE IMPEACHMENT TRIAL OF DONALD TRUMP  SET TO BEGIN, I THINK A LOOK AT THE U.S. CONSTITUTION, AS IT PERTAINS TO THE UPCOMING PROCEEDINGS, COULD GIVE US A GLIMPSE INTO WHAT THE ARCHITECTS OF THE CONSTITUTION HAD IN MIND WHEN ADDRESSING THIS PARTICULAR SUBJECT.


SINCE I HAVE ALREADY COVERED THE HOUSE OF REP. ROLE IN JUDGING THE ACTIONS AND BEHAVIOR OF DONALD TRUMP, WHICH LED HIM TO BEING  "IMPEACHED," I SHALL NOT REPEAT IT HERE. (My Articles on those proceedings are available on this Website.


With that in mind, let's get started.

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.

What can we take from this?

-  ALL IMPEACHMENT TRIALS, (REMOVAL FROM OFFICE), ARE CONDUCTED BY THE U.S. SENATE. Seems fairly straight forward.THE HOUSE OF REP. "IMPEACHED" TRUMP, NOW THE SENATE TRIES HIM. 

THE MEMBERS OF THE U.S. SENATE ARE THE JURY, AND MUST TAKE AN OATH OR AFFIRMATION. This makes sense. As with any other JUDGE, JURY, OR FINDER OF FACT, you want a promise of IMPARTIALITY, that there is a DUTY to Judge the case on its Merits.

THE CHIEF JUSTICE OF THE SUPREME COURT PRESIDES OVER THE SENATE TRIAL, IF THE IMPEACHED OFFICIAL HAPPENS TO BE POTUS.

- A TWO-THIRDS MAJORITY IS NEEDED TO REMOVE DONALD TRUMP 
FROM OFFICE.

Interesting. So what does this tell us about DONALD TRUMP, AND THE UPCOMING SENATE TRIAL?
SEE PART 2.

TODAY: Support the Women's March on Social Media and in the Streets. #VOTEPROCHOICE



DAVID,

Today is the day! For the fourth year in a row, we're taking to the streets to tell Donald Trump that we reject his hateful, corrupt, and destructive policies on every issue from reproductive rights and immigration to climate and war with Iran.
And this year is special because we will defeat him on Election Day, 
November 3.




https://voteprochoice.us/

Saturday, January 18, 2020

TRUE CONSERVATIVES AND PROGRESSIVES DO HAVE COMMON GROUND: REMINDING SENATORS OF THEIR OATH...YAHOO NEWS.

WITH ALL THE MORAL AND INTELLECTUAL COWARDICE SHOW BY SOME CONGRESSIONAL DEMOCRATS IN DEALING WITH DONALD TRUMP, IT IS REFRESHING TO SEE THAT CONCEPTS SUCH AS HONOR AND DUTY REMAIN IMPORTANT TO MANY POLITICAL CONSERVATIVES.- DAVID.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
A group of prominent anti-Trump conservatives on Friday released a new ad that urges GOP senators to conduct a fair impeachment trial of President Donald Trump over the Ukraine scandal.
The Lincoln Project demands in the caption for its video that Republican lawmakers “consider the impeachment charges against Trump on their merits” instead of simply taking sides along party lines.
Senators must uphold their sworn oaths to “support and defend the Constitution of the United States against all enemies, foreign and domestic,” the project adds.
The ad itself shows footage of Senate Majority Leader Mitch McConnell (R-Ky.) and Sen. Lindsey Graham (R-S.C.) stating they’ve already decided to support Trump in the trial, as the following text appears:
President Donald Trump thinks he’s above the law. He believes he’s untouchable. Senate Republicans want to prove him right. They know who Trump is. They’ve forgotten their oaths. Let’s remind them.
 EMPHASIS MINE: DAVID MCDONALD, WWW.SEARCHINGFORREASON.NET

It then encourages people to sign a petition demanding a fair trial.
Check out the clip here:
The Lincoln Project, which aims to end Trump’s presidency at the ballot box in November, was launched by George Conway, the husband of White House counselor Kellyanne Conway, and anti-Trump GOP strategists Rick WilsonSteve Schmidt and John Weaver.
“We do not undertake this task lightly, nor from ideological preference. We have been, and remain, broadly conservative (or classically liberal) in our politics and outlooks,” they wrote in a New York Times op-ed last month.

“Our many policy differences with national Democrats remain, but our shared fidelity to the Constitution dictates a common effort.”

I COULD NOT HAVE PUT IT BETTER MYSELF- DAVID.