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Leahy: Judge, Prosecutor, And Political Executioner
Townhall.com ^ | February 8, 2021 | Ken Blackwell

Posted on 02/08/2021 3:55:56 AM PST by Kaslin

The fact that Democrat Sen. Pat Leahy—not Chief Justice John Roberts—will preside over former President Donald Trump’s impeachment trial this week should draw bipartisan condemnation as an assault on both democracy and the U.S. Constitution. The very Constitution, Democrats claim to be vindicating through this trial.

Traveling the globe representing our nation, and in the years since then continuing as an official international observer for other nations’ elections, is enough to impart a profound reverence for our democratic republic—where people can rule themselves. It is a rare thing, a precious thing, and a fragile thing.

You see this in the Constitution when it carefully sets out the extremely narrow and limited role in our democratic republic for impeachment—the process for removing those in power without going to the ballot box. It is a serious matter for anyone other than the voters to remove a public official.

This is especially true when it comes to removing the president of the United States. America has only one president at a time, uniquely chosen by all the nation to represent all the nation. That is central to the purpose of the Electoral College, giving weight both to the population of each state and the fact that as a sovereign state that its particularly regional concerns should be addressed—thus, that each state gets two electors for being a state (the same as a senator), plus an additional elector for each congressional seat (acknowledging how many people live in that state).

The United States is on a very different path now than it was a year ago, due to the change in the occupant of the White House. Whether you voted for Donald Trump or for Joe Biden, all can agree that this profound shift proves that elections have consequences.

The will of the voters should generally be supreme as a basic principle, so the Constitution places strict limits on undoing the results of an election. The Constitution mandates that the impeachment of an executive officer can only be for specific purposes: treason, bribery, or other high crimes and misdemeanors. It also requires a two-thirds vote in the Senate to convict, rather than a simple majority.

This principle is uniquely heightened when anyone other than voters is considering removing a president from office; superseding the will of the voters to shorten a president’s term by even a single day is something to be approached with the utmost care and reluctance.

When the Senate holds an impeachment trial of the president, the Constitution commands that the chief justice of the United States shall preside. Legal scholars note that this is because otherwise, the vice president could preside as the head of the Senate, a vice president who would stand to gain the ultimate promotion if the trial results in a conviction.

But a second purpose is served by requiring the chief justice to preside. Senators are political animals, elected through the democratic process. Although their six-year terms insulate them from the passions of the moment more than the two-year terms of House members—the ones who begin the removal process by impeaching a president—they can still bend to political pressure.

The chief justice, however, is life-tenured and is the head of the judicial branch of government. His presence is an additional guarantee of due process for the accused, of an impartial judge, of the rule of law rather than mob rule, and as a check on political passions. It also means that only the involvement of both the first branch and the third branch of government can remove the head of the second branch from power. Requiring the chief justice’s assent to the process is to make it as difficult as possible to remove a sitting president.

Leahy’s usurpation of Roberts’s role in the second impeachment trial of Trump highlights how this whole affair is unconstitutional. Leahy is not impartial—he has already called for Trump’s conviction before he’s heard any witnesses or evidence. In fact, there were no such due process features to the snap impeachment in the House, and the Senate is poised to mimic those due process violations—something that the chief justice would surely oppose.

And as Sen. Rand Paul (R-KY) pointed out, the idea of trying a former president is itself unconstitutional. Impeachment is about removing someone from office. Trump is now a private citizen who occupies no office. There is reason to believe either that Roberts would not have gone at all to the Capitol to preside over this unconstitutional circus act, or would have gone, but then ruled in favor of a motion to dismiss the proceeding at the outset. Roberts is clearly no fan of Trump, so the objection would be based solely on the Constitution, and it says volumes that Roberts will not preside over this illegal farce.

What then do Democrats hope to achieve? They want to disqualify Trump from ever running for office again.

But that’s not their decision to make. The voters decide who to elect for president, not senators. The Constitution does not allow them to take away the people’s choice when it comes to former officeholders who might run in the future .

Even if the Senate could impose such a penalty on a former elected official, it would still take a two-thirds supermajority of 67 senators. They clearly do not have the votes for that. Do not fall for the laughable assertion by some Democrats that 51 votes is enough to disqualify Trump. If the Framers of the Constitution required two-thirds to remove someone for a brief period, then they also required two-thirds to bar that same person permanently. Removal and disqualification are the range of penalties for a conviction—and two-thirds is what is required for any conviction—including any of the penalties attached to a conviction.

Leahy’s unconstitutional trial will instead result in a repeat of the headline from last year’s trial: “Trump Acquitted.” Hardly an auspicious maiden voyage for the Democrat-majority Senate.


TOPICS: Culture/Society; Editorial; Politics/Elections
KEYWORDS: impeachment; patrickleahy; trump
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1 posted on 02/08/2021 3:55:56 AM PST by Kaslin
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To: Kaslin

You forgot to include old senile fool.


2 posted on 02/08/2021 3:59:17 AM PST by chopperk ( )
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To: chopperk

Leaky Leahy will be presiding over a Star Chamber, not an impeachment.


3 posted on 02/08/2021 4:00:18 AM PST by mewzilla (Break out the mustard seeds. )
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To: Kaslin

On this thedemocrats have turned kangaroo


4 posted on 02/08/2021 4:10:31 AM PST by Recompennation
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To: Kaslin

Ok let’s try a little tamer version of what didn’t make it to print. Just where the hell is Hunter Elect. And why no collusion special prosecutor for President Elect and him?


5 posted on 02/08/2021 4:23:50 AM PST by Recompennation
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To: Kaslin

Senator Sap Tap is approaching mental toast this season.
Flowing about as well as Slow Joe for lucidity.


6 posted on 02/08/2021 4:23:51 AM PST by Scram1
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To: chopperk
80 years old....

almost blind in one eye....

shuffles through the halls of the capital....

....47 years in congress

and he thinks he can oversee as Judge, Prosecutor, And Political Executioner.


7 posted on 02/08/2021 4:36:41 AM PST by caww (“For the people” and “For the children” - signals we're about to be scammed)
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To: mewzilla

Correct.


8 posted on 02/08/2021 4:42:34 AM PST by sauropod (#ImpeachMcConnell. #Resist. #NotMyPresident.)
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To: Kaslin
"Leahy: Judge, Prosecutor, And Political Executioner"... and, along with the rest of his Demonicrat kakistocracy, traitor to the United States of America.
9 posted on 02/08/2021 4:53:47 AM PST by Carl Vehse
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To: Kaslin
The Class of 1968 and their minions are getting ready for the culmination of their Long March of Marxist destruction through America's institutions.

Trump tried to reverse the process but the level to which our institutions have been infiltrated is too extensive for any one man to accomplish in 4 years.

Here is the reality - too much of our government jobs are filled by entrenched, America hating individuals dedicated to destroying the system from within. They are not our best and brightest which, in a way, is a good thing.

Destroying the country from within under the noses of the American people is very hard work for very smart people. These people are simply too incompetent, stupid, mean and lazy to execute a proper conspiracy on the scale required to get the job done. Unfortunately for us, they have been working with the Chinese to get the job done and the Chinese are sending their best and brightest to seal the deal and bring down America from within via bought and sold political leaders, captains of industry and media propagandists

10 posted on 02/08/2021 4:54:05 AM PST by rdcbn1 (e)
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To: mewzilla
Leaky Leahy will be presiding over a Star Chamber, not an impeachment.

Well at least Leaky Leahy - white liberal 'elite' hater supreme understands in our system a judge must be impartial ...

LOL - just kidding. Old Leaky hates Trump and has already 'judged' him guilty. For Leaky it's guilty until proven innocent... vile people.

The usual hate farce democrats put on for their thugs.

11 posted on 02/08/2021 4:55:24 AM PST by GOPJ (The problem with socialism is you can vote it in - but you can’t vote it out. )
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To: mewzilla
Leaky Leahy will be presiding over a Star Chamber, not an impeachment.

Well at least Leaky Leahy - (white liberal 'elite' hater supreme) understands in our system a judge must be impartial ...

LOL - just kidding. Old Leaky hates Trump and has already 'judged' him guilty. For Leaky it's guilty until proven innocent... he's vile like all of 'em...

It'll be the usual hate farce democrats put on for their thugs.

12 posted on 02/08/2021 4:56:48 AM PST by GOPJ (The problem with socialism is you can vote it in - but you can’t vote it out. )
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To: caww

47 years. Another rotting mushroom.


13 posted on 02/08/2021 4:57:55 AM PST by virgil (The evil that men do lives after them )
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To: chopperk

Yeh, Leahy is in a dead heat with Biden in the senility race for sure.


14 posted on 02/08/2021 4:59:16 AM PST by snoringbear (,W,E.oGovernment is the Pimp, )
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To: Kaslin

When this finally opens will they all be charged with insurrection and treason?


15 posted on 02/08/2021 5:13:38 AM PST by ronnie raygun ( Massive mistakes are made by arrogant fools; massive evils are committed by evil people.")
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To: rdcbn1

But what about diVERsity?


16 posted on 02/08/2021 5:17:36 AM PST by Does so ( “We have put together the most extensive and inclusive voter fraud organization in history.")
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To: Recompennation
"On this thedemocrats have turned kangaroo".

It's time for kangaroo hats...

17 posted on 02/08/2021 5:23:04 AM PST by Does so ( “We have put together the most extensive and inclusive voter fraud organization in history.")
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To: Kaslin

Demonrats don’t need no stinkin’ Constitution.


18 posted on 02/08/2021 5:45:14 AM PST by bgill (Ear piece to Biden, "Salute the Marines." )
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To: snoringbear

Add Feinstein to make a trifecta of senile nest of rats.


19 posted on 02/08/2021 5:49:11 AM PST by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.for corruptiion)
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To: Kaslin

Is a Democratic Republic similar to a Democratic Socialist?


20 posted on 02/08/2021 6:05:55 AM PST by BubbaBasher ("Liberty will not long survive the total extinction of morals" - Sam Adams)
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