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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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To: Uncle Sham

The Constitution is the FINAL word. Amend it if you wish, good luck, Democrats.

Remember how the childish and ignorant Democrats referred to George Bush as “President Select”? They acted like wet babies when the Supreme Court ended their obvious attempt to steal the 2000 presidential election. Ask Chad, Hanging Chad that is.

The hell with them, and who cares that they cry and squeal. Either we uphold and enforce the Constitution, or we don’t. If we don’t, it will surely be a very dark day, and all the days ahead.


21 posted on 01/28/2020 4:45:42 PM PST by Richard Axtell (I am at a loss, how much lower will they go before all hell breaks loose?)
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To: Uncle Sham

Each house can structure it’s own rules per Article 1 Section 5

“Each House may determine the Rules of its Proceedings....”


22 posted on 01/28/2020 4:46:52 PM PST by taxcontrol (Stupid should hurt - dad's wisdom)
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To: Chickensoup

Recusal would only be necessitated if they were Republican senators.

Seriously, you do make a very interesting point. In fact, how can they vote on impeachment at all when they are so obviously conflicted?

Only in corrupt DC where they do whatever they want.


23 posted on 01/28/2020 4:47:05 PM PST by Starboard
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To: Uncle Sham

Good point.


24 posted on 01/28/2020 4:47:46 PM PST by Blood of Tyrants (If gun ownership by private citizens scares DemocRats, the 2nd Amendment is doing its job.)
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To: Dilbert San Diego

Normally, in a REAL trial, the defense team can ask THE JUDGE to dismiss the charges, with prejudice, and if granted, the jury never gets to do anything but go home, and the prosecution never gets to bring charges for the same issue again.

Of course, this isn’t a REAL trial, just a fake one setup by the Deep State with their willing accomplishes in the Senate from BOTH parties.


25 posted on 01/28/2020 4:48:10 PM PST by Henchster (Free Republic - the BEST site on the web!)
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To: Chickensoup

Absolutely right...but they won’t.


26 posted on 01/28/2020 4:48:50 PM PST by sanjuanbob
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To: Responsibility2nd

“””””””Have you considered that DJT wants Bolton to testify?

Trump’s legal team would rip him apart.”””””””””””””

I’m an uneducated deplorable and I could destroy his story in 30 seconds.


27 posted on 01/28/2020 4:49:34 PM PST by shelterguy
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To: Uncle Sham

Whatever.

We’re looking at only “impeachment” “news” for the next several months.


28 posted on 01/28/2020 4:49:55 PM PST by treetopsandroofs
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To: Rashputin

yes


29 posted on 01/28/2020 4:50:58 PM PST by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: DoughtyOne

In the District of Corruption there are no rules, only maneuvers and manipulation.

One postive thing the impeachment is doing is exposing the sham (and the shame) that our government is.


30 posted on 01/28/2020 4:52:15 PM PST by Starboard
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To: Starboard

The Dems are prepared to destroy the structure of our government to gain absolute power and control. They would rather rule over burning ruins if that is what it takes to win. The GOP must have the same resolve to defeat them.


31 posted on 01/28/2020 4:56:01 PM PST by Truth29
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To: workerbee

When voters speak, CONgress critters laugh. Or something.


32 posted on 01/28/2020 5:00:22 PM PST by rktman ( #My2ndAmend! ----- Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: Starboard

The sad part of it is, our pretend leaders don’t give a rat’s ass how the nation looks at a time like this.

It could end in coals and ashes and they would care.


33 posted on 01/28/2020 5:01:30 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

Maybe McConnell is setting the path for the Supreme Court to declare the impeachment of Trump unconstitutional.

Considering the facts on the FICA warrants and the proceedings since the warrants, it would seem to be totally unconstitutional.


34 posted on 01/28/2020 5:02:12 PM PST by old curmudgeon (There is no situation so terrible, so disgraceful, that the federal government can not make worse)
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To: Widget Jr

Roberts to go along....

What if he says we’re right but it sure would take courage for him to actually rule like that (gulp!). Better for me if I stay quietly in the background and let it all go.


35 posted on 01/28/2020 5:02:55 PM PST by frank ballenger (End vote harvesting,non-citizen voting & leftist media news censorship or we are finished.)
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To: Uncle Sham

Then Mitch needs to take a state and say NO


36 posted on 01/28/2020 5:03:32 PM PST by blueyon (`nt to be a nothing burger)
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To: old curmudgeon
Maybe McConnell is setting the path for the Supreme Court to declare the impeachment of Trump unconstitutional.

Now we're dreaming. A courageous man fighting the corrupt Commies in the Dem lynch mob witch hunt.

Alas, a 3-D chess move he probably isn't going to make.

37 posted on 01/28/2020 5:04:59 PM PST by frank ballenger (End vote harvesting,non-citizen voting & leftist media news censorship or we are finished.)
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To: Rashputin

Well, if it is declared unconstitutional then it all ENDS and we can get on with life!


38 posted on 01/28/2020 5:14:13 PM PST by ncpatriot
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To: All

grasping at straws. Roberts might do this for Obongo 0 chance he does it for Trump. I now believe they may remove him, they get him with enough smoke on a QPQ using a parade of assassin witnesses, the same 4 traitors side with the rats on a secret ballot and there you go. Either way we are looking at months of misery.


39 posted on 01/28/2020 5:14:26 PM PST by gibsonguy
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To: Starboard

They cannot vote on impeachment or anything else connected to this clownshow.

They need to be recused now. The GOP had better start screaming about it, now.


40 posted on 01/28/2020 5:16:47 PM PST by Chickensoup (Voter ID for 2020!! Leftists totalitarian fascists appear to be planning to eradicate conservatives)
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