INTERPRETING THE CONSTITUTION. Article 1 Section 3: IMPEACHMENT
SENATE, the last appeal step, acts like the Supreme Court: Not Trial, but Hearing, No Jury, No Witnesses.-
Article 1, Section 3, Paragraph 6 of the Constitution: “The Senate shall have the sole Power to try all Impeachments. …When the President of 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.”
When the Constitution gives the Chief Justice the Judicial Power of being Chairman in the impeachment proceedings against the President of the U.S.A., it is indicating that the Senate must act following the regulations which apply to the Supreme Court in Criminal Law. That means, the Senate is not an investigator or regular Judge. The function of the Senators, like the Judges of the Supreme Court, is to play the role of a revisionist institution, giving the final decision of a case, analyzing substantive and procedural laws, evidence system and listening to the arguments of conflicted parts.
No Trial, No Jury, No Witnesses at the Senate. Hypothesis, hearsay and ink links not sustained by facts are not considered positive evidence.
Absurd Democratic theory about EVIDENCE
“But unlike a Criminal Court, Trial with standard of proof required to find a defendant guilty, the question of whether to convict in an IMPEACHMENT proceeding has historically been a POLITICAL CHOICE for individual Senators who will cast their votes.”
Was this theory applied by Mr. Schiff, Chairman of the Intelligence Committee?
SIMILARITIES between IMPEACHMENT procedure and the Judicial Branch:
-Intelligence Committee: Investigator, no competence to Sentence.
-Judicial Committee: First Instances Judge and Jury.
- Legislative House: Circuit Court, Second appeal Judge.
-Senate: Last appeal, like the Supreme Court.
Quid Pro Quo vs. Abuse of Power.-
Mr. Schiff, Chair of the Intelligence Committee, the investigator, charged the President on Quid Pro Quo. This infraction, defined as a reciprocal interchange of services or favors, without the intention to hurt anybody, never happened.
This philosophical and routine social behavior, not consider criminal in most countries, that applies to business and international trade, is different from bribe and extortion, which are considered criminal violations everywhere.
This system involves two main characteristics or elements, one part give something and the other retributive. Neither President Trump gave the President of Ukraine aid, weapons, or services, nor did the President of Ukraine give any retribution or provide any investigation services to President Trump.
Abuse of Power.
Mr. Nadler, Chair of the Judicial committee, acting as a first instance JUDGE, defined the Quid Pro Quo differently, in a negative version, not giving, not retribution, and based on the term WITHHOLDING military AID. He described the supposed crime as Abuse of Power, nothing to do with Quid Pro Quo.
Mr. Nadler concluded that Mr. Schiff was completely wrong, and created two new charges, never investigated, calling them ARTICLES:
Abuse of Power, and Obstruction of Congress, “centers on the allegations that Trump WITHHELD military aid and a White House meeting to pressure Ukraine to investigate his political rivals including Biden”.
Nadler, the “Judge”, sent the new charges, which never were investigated by Mr. Schiff, to the Legislative House, acting as a second appeal Judge, to be approved or revoked, to comply with the procedural requirements.
The HOUSE of Representatives “formally voted to send the Senate Charges that Trump abused his office by pressuring Ukraine to help his reelection bid”.
The HOUSE confirmed the two charges, called ARTICLES, described by the Judicial Committee and sent them to the Senate, the Superior appeal Court in the Impeachment procedure, in order to end this process of obsessive political persecution against President Trump.
The hearing at the SENATE, as the final resort, will begin on Tuesday January 21, 2020.