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Notes on Senate Impeachment trial – #1

The rules for impeachment must be changed

by Dr. Larry Fedewa (January 22, 2020)

Some notes on the early stages of the Senate impeachment of President Trump:

A. Definitions: “crime”, “evidence”

a. It appears that the most basic differences between the two sides in the impeachment trial revolve around the definitions of two terms: “crime” and “evidence”.

b. The President’s team insists that the Constitution language “bribery, treason and other high crimes and misdemeanors” requires that impeachment can be carried forward only if there is an act which breaks a recognizable law, in other words, a “crime” as normally defined. This can be considered a technical definition of “crime”. Keep Reading

This must not stand! (continued)

The rules for impeachment must be changed to save the Republic

By Dr. Larry Fedewa (January 14, 2020)

In my last column of this topic, I urged the President to sue the House of Representatives for malfeasance on the basis of two unconstitutional actions with regard to the recent articles of impeachment passed by the House:

1) denial of due process as protected by the Fifth and Fourteenth Amendments in a procedure which, if upheld by the US Senate, would inflict irreparable harm on the plaintiff by depriving him of his livelihood, reputation and public office, and

2) by re-defining the Constitutional designation of “high crimes and misdemeanors” as the sole rationale for impeachment to include

  1. a) allegations based on hearsay evidence which are too broad to be provable (“abuse of power”) and
  2. b) designation of the time-honored practice of Executive Privilege as “obstruction of justice”.

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This cannot stand!

The highest law

of the land is the

Constitution, 

not the House of Representatives

By Dr. Larry Fedewa (December 20,2019)

The prevailing rationale for the entire impeachment procedure has been that the House of Representatives is the ultimate authority governing the impeachment process. Forgotten in all the blather about the actions of the House is the fact that the highest law of the land is not the will of the House but the Constitution of the United States of America. The Fifth and the Fourteenth Amendments to the Constitution explicitly grant to every citizen of this Republic the inalienable right to due process, including the right to face his or her accuser and the right to defense in a court of law.

The “due process amendments” apply to the President of the United States as well as all others. The House denied those rights in this case. The President should file forthwith a lawsuit against the House asking the court to set aside the entire procedure. Likewise, the Senate should refuse to consider the House action until the Supreme Court renders its verdict.

Why is this important? Because the precedent set by this House action portends the doom of our democracy. The House has proven that no elected official is safe from unlawful dismissal from office by the majority vote of the opposition party. In this case, the Democrat majority has unlawfully indicted an American President duly elected by the people without any semblance of due process as established by law and custom.

In addition, the action resulted in re-defining “high crimes and misdemeanors” to include actions which are not crimes by any accepted practice. In this case, “abuse of power” is not a criminal offense because it is simply too vague to be provable. Likewise, the exercise of Executive Privilege is customary and has been accepted practice for the entire history of the Republic.

Consider the consequences of this current action. All that stands between this President and his removal from office is the incidental fact that his party controls the Senate. Suppose he wins reelection but that the opposition party wins control of both Houses of Congress. The current House of Representatives has proven that partisan politics is the primary factor in the decision as to whether or not to vote for his removal from office. Otherwise, there would have been bipartisan support for the House action. This partisan loyalty was also proven in the Clinton case, when both Houses of Congress voted along party lines. It is therefore reasonable to assume that all actions of impeachment and removal will continue to be governed by partisan loyalties.

Back to our example then. Having failed to remove the President from office the first time, it is entirely predictable that the Democrats would try a second time. This time the Senate would convict. Then suppose the President refused to leave office voluntarily and instead, as Commander-in-Chief, he called up the Army to declare martial law and arrest the Democrat members of Congress. Presto: we are now a “Banana Republic” where the military controls the government and dictatorship is a whisker away. Democracy rapidly becomes a thing of the past. No office is safe from partisan impeachment including Supreme Court Justices.

We cannot let this happen. But, if the current House impeachment is allowed to stand, our democratic elections are doomed to fall.

© 2019, Richfield Press. All rights reserved.

Today’s impeachment hearing

Bias among the elite

By Dr. Larry Fedewa (December 4, 2019)

The first House Judiciary hearing featured three professors in favor of Trump impeachment, one against. The three anti-Trump witnesses elaborated their definitions of “high crimes and misdemeanors” and all came to the conclusion that Mr. Trump was guilty as charged of the three principal charges advocated by the House Intelligence Committee report on its “investigation”, namely, bribery, obstruction of justice, and abuse of power.

Jonathan Turley, the lone expert opposed to impeachment, advocated caution and against proceeding with the current case because it has no solid evidentiary basis and no bipartisan consensus of wrongdoing – hallmarks of the previous two modern cases of impeachment. As expected, the questioning was conducted along partisan lines. Keep Reading

What have the Dems’ impeachment hearings revealed so far?

Interesting but irrelevant

By Dr. Larry Fedewa (November 16,2019)

The much-publicized hearings of the House Intelligence Committee began last Wednesday with three high ranking State Department officials over two days. The hearings revealed two things: 1) how deep the “Deep State” goes, and 2) how shallow the Democrats’ case against President Donald Trump really is.

The Deep State 

There are thousands of honest, hard-working people in the federal bureaucracy, who toil conscientiously every day to do the jobs they have been assigned. Among them are the first three witnesses called by Chairman Adam Schiff (D-CA) to lead off the public testimony phase of his impeachment inquiry.

Their testimony demonstrated just how deep the “Deep State” goes by revealing its characteristics. These people are sincerely dedicated to what they perceive as the official policies of the United States government. The fact that the policy they are dedicated to has been crafted by the senior career officers of their department is simply beyond their grasp. They believe and earnestly defend the un-Constitutional premise that foreign policy should be non-political and that all key decisions and staff should reflect an ongoing strategy and practice which transcends the comings and goings of politicians.    Keep Reading

The Dems are destroying the presidency

The real challenge to the Constitution

 

  Among the many absurd accusations being carelessly hurled around by the Democrats these days is the most absurd of all: that the President is violating the Constitution. In fact, we are seeing another example of the Left’s habit of accusing the President – and conservatives in general – of committing the very crimes that they themselves have actually committed.

The most egregious example of this behavior is the Democrats’ accusations that the Trump campaign colluded with the Russians to overthrow the 2016 election, when in fact the Clintons and their campaign had a long – and very profitable —  influence-peddling scheme going  on, using the Clinton Foundation as their cover – to the tune of over $100 million! Even the Mueller fiasco could not find evidence of Trump involvement.

In this case, Nancy Pelosi, through Adam Schiff, Jerrold Nadler and their cohorts, have all but destroyed any U.S. president’s ability to carry on foreign policy. What leader of a foreign government is going to want to talk confidentially with the American president when they have a well-founded fear of their conversation being broadcast to the public? The same goes for American diplomats. Keep Reading