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"New Witnesses" In An Impeachment Trial is Unconstituional
self ^ | January 28, 2020 | Uncle Sham

Posted on 01/28/2020 4:34:32 PM PST by Uncle Sham

The Constitution gives the power of impeachment solely to the House of Representatives. It means that only the House can do the discovery phase of gathering evidence and then putting together Articles of Impeachment to then present to the Senate for the Senate to judge. The Senate can ONLY judge that which the House has constructed and presented. Any witnesses can ONLY be from the witnesses who are included in the Articles presented by the House.

Asking the Senate to help the discovery phase by introducing new evidence at an impeachment trial is the same thing as asking a judge or jury to help the prosecution do it's job in the courtroom. It also would put the Senate in a position of being part of the evidence gathering phase of impeachment that our constitution clearly prohibits as this is only assigned to the House of Representatives. If the House wants new witness testimony, they have every opportunity to get it with the rules that are in place. They can call Bolton to testify IN THE HOUSE, then if they decide to incorporate his testimony into an Article of Impeachment, they are free to do so and then present THAT article of impeachment to the Senate.

In my opinion, if the Senate allows new testimony, Trump's legal team has grounds for getting the entire proceeding thrown out as being unconstitutional.


TOPICS: Your Opinion/Questions
KEYWORDS: impeachment
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1 posted on 01/28/2020 4:34:32 PM PST by Uncle Sham
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To: Uncle Sham

So what. The entire US Government is “unconstitutional.” The “Constitution” had been dead as a hammer for a long, long time.


2 posted on 01/28/2020 4:36:27 PM PST by TTFlyer
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To: Uncle Sham

They can call Bolton to testify IN THE HOUSE, then if they decide to incorporate his testimony into an Article of Impeachment

*************

The trouble is they will have him testify under controlled conditions. Repbulicans would likely be isolated and/or marginalized again.


3 posted on 01/28/2020 4:37:44 PM PST by Starboard
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To: Uncle Sham
Constitution?

What are you, some kind of trouble-maker?
Just shut up and get back in line - or we might just send you to a "camp" for an attitude adjustment....

4 posted on 01/28/2020 4:38:33 PM PST by Psalm 73 ("You'll never hear surf music again".)
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To: Uncle Sham
You're absolutely right, allowing new evidence not presented to them by the House is totally unconstitutional.

Now, if you can point me to the last time either the House or Senate let a little thing like ignoring the Constitution stop them from doing whatever improves their poll numbers or makes them money I'll get excited about the possibility that the whole thing will be thrown out.

No offense, just thinking of recent history.

5 posted on 01/28/2020 4:38:41 PM PST by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory !!)
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To: TTFlyer

The “Constitution” had been dead as a hammer for a long, long time.

****************

As has any semblance of equitable justice. Nobody in DC is ever held accountable for anything.


6 posted on 01/28/2020 4:39:23 PM PST by Starboard
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To: Uncle Sham

Any bets on whether Robert’s would entertain a move by Trump’s defense to do that?

This is turning into a clown car crackup, at the intersection of the U. S. Constitution and 1600 Pennsylvania Avenue.

Any loyal citizen should be furious right about now.


7 posted on 01/28/2020 4:39:29 PM PST by DoughtyOne (It's a New Year, and time to up our FR Monthlies by 5-10%. You'll <hardly miss it and it will help.)
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To: Uncle Sham

Can John Roberts rule that new witnesses can’t be allowed?

I know we’re all talking how the Senate is going to vote on whether to allow John Bolton or others , but isn’t that really the job of a judge in a trial to decide? And John Roberts is the judge? Am I missing something?


8 posted on 01/28/2020 4:39:32 PM PST by Dilbert San Diego
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To: Uncle Sham

Hey, how about calling your congressman with this news? That oughta do help.


9 posted on 01/28/2020 4:40:02 PM PST by workerbee (America finally has an American president again.)
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To: Uncle Sham

Now how to get Roberts to go along with it?


10 posted on 01/28/2020 4:40:08 PM PST by Widget Jr
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To: Starboard

If his testimony does not exist in any of the two Articles of impeachment being considered at this time, it cannot constitutionally be entered into the Senate phase.


11 posted on 01/28/2020 4:40:12 PM PST by Uncle Sham
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To: Rashputin

Bingo! Excellent comment.


12 posted on 01/28/2020 4:40:22 PM PST by Starboard
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To: Uncle Sham

Have you considered that DJT wants Bolton to testify?

Trump’s legal team would rip him apart.


13 posted on 01/28/2020 4:40:47 PM PST by Responsibility2nd (Click my screen name for an analysis on how HIllary wins next November.)
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To: Uncle Sham

There are not enough votes for calling witnesses.

Why?

The past and present Senatorial presidential candidates MUST recuse themselves.


14 posted on 01/28/2020 4:41:03 PM PST by Chickensoup (Voter ID for 2020!! Leftists totalitarian fascists appear to be planning to eradicate conservatives)
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To: Widget Jr

Now how to get Roberts to go along with it?

*************

He’s just a potted plant.


15 posted on 01/28/2020 4:41:48 PM PST by Starboard
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To: Uncle Sham

And that FACT alone should be enough to shut this mess down, proceed and get on with getting this stupidity over. If the damn rats don’t like it they can go back to the drawing board and do all their Tom Foolery again in the House. That is Constitutional and that is all there is to it.


16 posted on 01/28/2020 4:41:51 PM PST by Sequoyah101 (We are governed by the consent of the governed and we are fools for allowing it.)
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To: workerbee
"Hey, how about calling your congressman with this news? That oughta do help"

I did. it was well received.

17 posted on 01/28/2020 4:42:10 PM PST by Uncle Sham
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To: Uncle Sham

Great point !

1 like
1 thumbs up
1 new follower
bunch of stars rating


18 posted on 01/28/2020 4:42:25 PM PST by TheNext (Peaceful Victory)
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To: Dilbert San Diego
-- Can John Roberts rule that new witnesses can't be allowed? --

He could but he's not supposed to enter any rulings as to trial procedure. The senate is the judge, the jury, and the advocates in this trial. It can draw from whatever it wants to draw from.

19 posted on 01/28/2020 4:43:25 PM PST by Cboldt
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To: Uncle Sham

Well I think we all knew from the get-go that Democrats would get new “witnesses” and new made up testimony at the Senate Trial.

But we went from a Bolton for Biden agreement to Bolton only. (Sigh)

We are handing over to the democrats every demand they make.


20 posted on 01/28/2020 4:45:16 PM PST by Responsibility2nd (Click my screen name for an analysis on how HIllary wins next November.)
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