A Minute Message that I posted on my YouTube channel on March 28, 2021
https://youtu.be/-i6zLSHyQrk
I have no problem holding people accountable for breaking the law. Unlike Democrats who tend to look the other way or justify the crimes of their own, I'm fine holding conservatives and Republicans to answer for crimes or other wrong doing. However, there is a right way and a wrong way to do it. The current trial of former President Trump in the senate is the wrong way. Here's why:
First, Trump is now a private citizen. The US Senate lost their jurisdiction to try this matter at 121 pm on January 20, when Joe Biden was sworn in. To pursue charges of insurrection (or anything else) against a private citizen, the federal courts are the proper venue, not the US Senate. Now that Trump is out of office, If there is anything to the insurrection charge, then turn it over to the US Attorney for the District of Columbia and let him deal with it. The problem for Democrats is that in the federal courts, it becomes a criminal matter and not a political matter. The rules of procedure and evidence are different, requiring proof beyond a reasonable doubt. Could a prosecutor meet that standard? No way of knowing unless and until it is in a courtroom.
Second, imagine being tried by a judge who has pronounced his opinion that you are guilty (before any evidence is heard) and then sits on the jury that is to decide your fate AND is a witness or potential witness at your trial. No US Court would allow such to happen, namely because of a little problem with things called due process and fundamental fairness. Yet, being (literally) judge, jury member and witness is exactly what Democrat and President Pro-tem of the senate Patrick Leahy is doing. Leahy is the presiding officer over the trial AND as a senator, has a vote on conviction or acquittal. The problem here is that Article 1, Section 3, Clause 6 of the US Constitution states:
When the President of the United States is tried, the Chief Justice SHALL preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Notice, it does not say “should preside” or “might preside” or “may preside.” The wording is very clear: “the Chief Justice SHALL preside.” There is no option for anyone else to preside over a presidential trial in the senate, thus Leahy has no authority to preside over a trial of any president or other person. How Chief Justice Roberts was able to get out of carrying out a constitutionally mandated role is something I’ll have to do more reading about.
Third, if the senate can claim jurisdiction to try former president Trump, what about future senates (or even this one) trying other former presidents or judges or cabinet officials? Why can’t Bill Clinton be hauled back in to the senate to be tried for his crimes against women while in office? Or Hillary Clinton or Barack Obama be tried for their Benghazi screw up? Or Bush 43 and his lying us into a war? Or someone that the majority party simply does not like?
The precedent being set by this trial is as dangerous as it is unconstitutional and will make tinhorn dictators envious
On this page you will find posts about me and the things that interest me.
I am married to Debbie and we are a trans-racial family, being the proud parents of Amelia who is our pride and joy.
I was born in Alabama, but thanks to the United States Air Force, grew up in Alaska where I lived for 21 years.
I am the author of three books (One entitled A Closer Walk (published by 21st Century Christian) and the other Once Saved (not) Always Saved which looks at whether or not a Christian can lose his salvation), New for 2020 is book number 3: God, Grace and You thanks to 21st Century Christian Publishers for publishing that work. I have also authored several articles and essays published in a various periodicals.
I am an FDR (that's a Frederick Douglas Republican) with some small "l" libertarian leanings. Yeah, I'm opinionated, but I am also open minded enough to listen to other points of view. If you lack a sense of humor and/or can't handle honest debate and discussion with someone who might disagree with you, think twice before trying to friend me (On the other hand, you might be surprised, we MIGHT agree on some things, ya NEVER know).
One more thing: if you go creepo, nutso, pschyo make personal attacks on my friends (or me) or are otherwise just plain mean, in the opinion of the proprietor of this page (that’s me) you get three strikes (just like in baseball) and if you don't straighten up, then you’re outta here! I unfriend you and block you.
Any questions, comments, remarks, need for clarification or sarcasms? Let me hear from you. However, I reserve the right to take the 5th ;)