Democrats reiterated Monday a threat to punish former President Donald Trump for not testifying at the impeachment trial in the Senate, which begins Tuesday.
In a short filing responding to Trump’s lawyer’s 75-page trial memorandum, submitted Monday, the House impeachment managers — all Democrats hand-picked by Speaker of the House Nancy Pelosi (D-CA) — wrote:
[T]he House has invited President Trump to voluntarily testify under oath, yet President Trump immediately rejected that opportunity to tell his story. The House will establish at trial that this decision to avoid testifying supports a strong adverse inference regarding President Trump’s actions (and inaction) on January 6.
The Democrats were responding to Trump’s lawyers’ claim that Democrats’ rushed impeachment, which defied all previous procedural conventions governing impeachment in the House, denied the president the constitutional due process of law.
The Fifth Amendment to the U.S. Constitution provides that “No person … shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.” The impeachment trial is not a criminal case; however, many constitutional scholars argue that the same principles ought to apply — there, above all.
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No bill of attainder... punishment targeting a single individual or group is lawful under our Constitution... The Congress may not single out Trump for punishment thru the legislative process... it is unconstitutional.
See Article 1, Section 9, Clause 3: " No Bill of Attainder or ex post facto Law shall be Passed." Quote US Constitution.
I heard they didn't want any testimony, knowing it would torpedo their sham dog and pony show
The Democratic Party worst fears is President Trump and We the People they are trying to shut us and not mention the election was stolen they are trying to show the other countries of the world that the people voted for them the worst part is some republicans hate Trump so much that they really don't care what happens to the country.
the gop hates and fears President Trump because they are corrupt and TREASONOUS. They fear he will expose them for what they are, complicit, bribe taking TRAITORS!!!!!!!!!!
ARTICLE 1 Section 3 Clause 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."
If this "impeachment trial" can result in a conviction, then it is germaine regarding the right to not self-incriminate.
AMENDMENT 5
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Boy, it will be interesting to see lawyers try to argue themselves out of damnation on Judgement day.
This Colonel is what I mean by the spirit of the law violated by the letter of the law. DISGUSTING!
Michael, I agree. It is going to be interesting when they face the Great White Judgement Seat and accuse Jesus Christ of being a "racist". He will laugh at them and then cast them into the Lake of Fire for eternity. He WILL NOT be intimidated by their hateful arrogance!!!!!!!!!!
Impeachment is not a criminal proceeding... it is a Constitutional administrative procedure for removing officers of the Federal Government; less, the members of Congress and the Civil Service. As such, the argument will be made that the protections of the 4th, 5th, 9th, and 14th Amendments do not apply; as this is not a CRIMINAL PROCEDURE.
The argument regarding 'due process' will be that criminal due process is not mandatory... that those protections are provided in criminal cases only. We will have to see how the Trial in the Senate proceeds. Precedent has already been violated in ramming through the Articles of Impeachment. We can expect precedent for the trial to be challenged by both sides with the Marxist Democrats holding power it doesn't look good.
The Constitutional issue of Jurisdiction... whether IMPEACHMENT is constitutional when applied to FORMER President or member of the Government will have to be decided early and that may take the SCOTUS to rule on its application against a former President. We will have to see how this proceeds.
john roberts already showed where he stands when he refused to preside over this unconstitutional sham. Sen leahy is judge, jury, and executioner????? Not Constitutional, nor was the sham in the House. This is all political theater!!!!!!!!!!
The Constitutional language is adament about the serving Chief Justices participation Article 1 Section 3 paragraph 7, "When the President of the United States is tried, the Chief Justice shall preside:...."
I saw no "maybe, baby" in that phrase.
So this whole event is Constitutionally discredited.
Michael, I have said the same thing on several occasions
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