pennylynn wrote:
The presumption is there was a crime, or many crimes committed by the POTUS and those crimes have been identified by an individual, the whistleblower. So far, am I understanding you correctly?
Almost. The whistleblower by themselves has no standing to investigate or charge a 'crime'. This was taken over many millenia ago by the government. They investigate (based on a tip or whatever), present it to the grand jury to charge (most of the time), and prosecute it. The whistleblower merely pulls the trigger for the government to investigate, and they take it from there.
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In your presentation you make the case that it is immaterial who or the creditability of said whistleblower. The only relevant fact is the crime came to light.
Does the court and the constitution give you and your attorney (in your absence) the right to face your accuser? The sixth amendment, as part of the Bill of Rights, guarantees certain rights in all criminal prosecutions. One of the enumerated rights in the 6th Amendment is the right to be confronted with the witnesses against the accused. This right is known as the Confrontation Clause. The confrontation clause guarantees criminal defendants the opportunity to face the prosecution's witnesses in the case against them and dispute the witnesses' testimony. This guarantee applies to both statements made in court and statements made outside of court that are offered as evidence during trial.
In your presentation you make the case that it is ... (
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The accuser in this case is the House of Representatives.They are the ones who investigated. The witnesses have been identified and could be called before the Senate. The evidence and witnesses are clearly identified and can be cross-examined at the Senate trial.
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Make no mistake, charges against the POTUS are "political offenses", "crimes" against the constitution, laws, system of government, prerogatives of other institutions, or the rights and liberties of the people – as well as common law offences that might be punishable by ordinary criminal law. Ergo, he or his attorney has a right to face his accuser. His accuser is the whistleblower, not the embassy staff as witnesses, or the opinions of constitutional lawyers.
Once again the whistleblower is irrelevant because they have no standing to press charges. The House in this case has investigated the allegations, found them to be valid, and has brought the Articles of Impeachment based on that investigation. It is the equivalent of the grand jury process in criminal cases.
THE WHISTLEBLOWER IS NOT THE ACCUSER HERE!
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Where are the "political offences" or even criminal law charges? Are you saying that he, the POTUS had no authority to request cooperation and investigation? This would be a mistake on your part, the Ukraine and the US signed an agreement (signed by William Clinton) that gives the POTUS that exact authority.
I would also point out a major detail; who was he making the request for, himself or the nation? If the request was for our nation, then there is no political offence or broken "law".If it was for himself, why would he include the distress or ordeal our nation has suffered? Thinking logically, if I want a favor done, I do not qualify my request... ordinary people simply say "do me a favor."
Where are the "political offences" or ev... (
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The thing here is not so much that something was said or not said by POTUS … it is a pattern of conduct and a timeline that indicates (through fact witnesses and documents) that the president wanted Ukraine not so much to actually investigate the Bidens and Burisma, but to make a public statement that they were going to do so, thus making the Bidens the subject of some concern in the political realm. The appearance is that he didn't really care if the investigation took place (which has been testified to), but that it was publicly announced for domestic political advantage.
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And then, we must deal with intent. Recall that Killary dodged criminal charges because the FBI claimed they could not find evidence of intent. In the phone call, a request was made for investigation into corruption in Ukraine. That is a fact, no walking around it. As the POTUS, this was not a breach of law. The "permission" is the contract between the USA and Ukraine signed by William Clinton. So, asking for the investigation was/is legal. So, it boils down to intent. Did the POTUS intend to use the information gathered in the investigation for his reelection campaign? If for personal use, then why ask the investigating entity to coordinate and provide the information to our Attorney General and not as a sealed dossier to himself? Also, do Democrats think the Ukraine is more proficient or speedier in their investigations than their US counterparts? It took Mueller two years to investigate possible collusion between the POTUS and Russia. Using similar methods as Mueller, the 2020 election would be over. Any dirt on Joe Biden or his son would be overcome by events, useless in the campaign.
And then, we must deal with intent. Recall that Ki... (
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As indicated by the fact witnesses, the president didn't care about the investigation, merely the public announcement that it was going to happen so as to damage the reputations of both Bidens. Additionally, there was never any mention of corruption anywhere else in the world as being a priority at any time in the presidents term of office so far.
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At least you an I agree on one thing...the impeachment process is now broken which is horrible, but even more horrible is what Democrats have done to impact future presidents. The standard bar for impeachment has been lowered to emotions, a popularity contest, or more to the point "any excuse."
Yes it is, but not for the reasons that you state. It is broken because of the intransigence of Republican lawmakers to recognize that this president has violated any number of established procedures and practices that have defined the presidency since the founding of the republic. This is the very essence of 'high crimes and misdemeanors' as conceptualized by the founders who wrote the Constitution.
There is no actual definition of this in the Constitution for exactly the reasons that we see happening here. It is up to the House to define what they are and for the Senate to verify those definitions and convict.
In the same vein, for the Senate Majority leader and several Senators to announce a pre-determined verdict before a trial there has even begun is equivalent to a juror in a criminal case saying that the defendant is guilty before any witnesses or facts being presented.