I have been, and still am, a life-long registered Republican. I
never thought I would live to see partisan politics taken to the extremes as in
the now ongoing impeachment of President Trump. Partisan Politics are not useful
or healthy. Democracy is based on cooperation and compromise; not divisiveness.
Here is how I see this impeachment.
A bill of impeachment is like a
bill of indictment. It is a statement of accusation -- nothing more. It is the
formal means of bringing a case accusing the President of high crimes and
misdemeanors. The events of the past several days are not a trial. They are merely a presentation by the
House of Representatives of the accusations and clarification of the charges. The trial is yet to come.
When investigating a case, and
before any indictment is made, the House of Representative (acting similar to a
grand jury) has the right to compel documents and testimony using subpoenas if
necessary. This is well established legal practice. The President denied the
House of Representative this opportunity. While it is the right of any
defendant not to testify against themselves, they do not have the right to
compel others not to testify. Yet, that is exactly what the President has done.
In my opinion, that act in itself is criminal. Despite their inability to get
all of the testimony they sought, the House of Representative still felt they
had enough evidence to bring charges in a Bill of Impeachment (an indictment).
Once charges have been brought
in a Bill of Impeachment, and before any trial, both the
prosecution and the defense have the legal right to issue subpoenas to help
obtain further evidence they might need to testimony they need to either
prosecute or to defend their case. To deny either side the right to do
discovery and obtain further evidence is to make a mockery of the judicial system.
It is simply not fair.. By tabling all proposed amendments, the Senate has
denied the prosecution the opportunity to gather further evidence that may or
may not support their case. By tabling each amendment, the Senate has taken the
cowardly action of refusing to go "on record" and vote upon the
amendments, saying that they would deal with it later during the trial.
In a fair trial, the jury (in
this case the Senators) does not have the right to decide what testimony they
will or will not hear from either side. Admissibility of evidence is decided by
the presiding judge (in this case the Chief Justice of the Supreme Court). That
is not what has happened here. In this case, the jury has made the decision as
to whether or not further documents and witness testimony shall be allowed. By
doing so, they have prejudiced their own actions and decisions. They must hear
both sides fully and completely. Later in their deliberations they can decide
what they are or are not going to believe. They should not have the option of
picking and choosing what testimony can or can not be presented.
Having finished the
presentation and explanation of the Bill of Impeachment (the charges), the next
step is to begin the trial and ask the President (defendant) to state his guilt
or innocence. Normally, a defendant needs to say no more than "I'm
guilty" or "I'm not". They can explain themselves if they want.
Having stated the President's position (guilty or innocent) the trial
begins.
Both sides get to present
their arguments by presenting documents, witnesses and testimony. Both sides
should also have the opportunity to cross examine the evidence. At any point
during a trial, both the prosecution and the defense may present additional
evidence and even compel desired testimony using the vehicle of
subpoena if necessary. Those not honoring such subpoenas are prima
facie guilty of being in "contempt of Congress" which is a
crime.
Cross examination is essential.
It is not just a matter of "I say" and "You rebut". Just as
the defense has the right to question and rebut the prosecution, the
prosecution must also be given the right to rebut the defense. In other words,
it is not fair for either party to present testimony without the other side
having an opportunity to respond. In the case of this impeachment, it would not
be fair for the defense to present its arguments without allowing the
prosecution to rebut them and, if necessary, to recall documents and/or
witnesses in doing so.
I predict that the Republican
controlled Senate will not permit the prosecution to bring any further evidence
beyond the claims already made in the original Bill of Impeachment
(indictment). I believe they will also not permit the President's case to be
challenged in rebuttal. I also believe the Senate will not permit the
prosecution to cross examine the President's testimony, and if necessary, to
obtain the documents and witnesses to support their cross examination. If this
comes to pass, I believe that the very fabric of our legal system and the Constitution
will have been shattered.
I believe that the Republican
Senate therefore must permit additional documents and
witnesses and enforce subpoenas by either the prosecution or defense. They must
also permit cross examination and questioning of testimony by both parties.
Anything less is an unfair trial.
I call upon all Senators
regardless of their political party to rise above partisan allegiances and
strictly follow the law as it is outlined in the Constitution and has been
commonly accepted for centuries. New evidence and cross examination must be
permitted at any point during the trial. The jury (The Senators) must not
be permitted to decide what evidence can or cannot be presented by either side.
The Senate must remain neutral until such time as their deliberations.
Admissibility and timing of evidence should be at the sole discretion of the
presiding judge.
Alan N. Doering
Republican
