Posted on Dec 19, 2019
CPO Nate S.
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For the sake of clarity here is the wording to the 6th Amendment (aka 1st 10 Amendments otherwise known as - Bill of Rights):

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

The operative wording is "...the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed..."

By threatening to delay forwarding the recent Articles of Impeachment to the US Senator it would appear that the Speaker is in "Contempt of the American People" (roughly 320 million, men, women and children) regardless of citizenship status.

By asking for "confirmation" of a "...fair trial..." in advance, it would appear to be yet another "linguistic trap" that was not offered in any two prior impeachments or the one imminent impeachment. A sub-question might be - why? It also, seems that every murder, rapist, burglar, arsonist, thief, etc. could then demand as president set by Speaker of the House that a "written guarantee" be offered by every jury for the same. This would seem to undermine our jurisprudence system of "innocent until proven guilty" system.

Even those indicted in a normal court process have the right to a trial to confirm innocence or guilt. If no one is "...above the law..." does it also not stand to reason that "...no person is below the dignity of law of which that person is being accused?"

The question is then:

Is the Speaker of the House in contempt of the US Senate to fulfill the Senate's Article 1, Section 3 responsibilities specific to the 6th Amendments guarantee for a speedy trial?

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Follow-up: To those that have responded so far. Thank you! This is the kind of lively, yet professional (so far), response I was hoping to get. It is import we as Americans derive our own understandings of this process. I would rather as such a question and seek the insights of the RP family in all their diversity, than to listen to just one source to gain perspective. Thank you in advance for your responses. Collectively, as the Founders knew and spoken by Jefferson these words ring true:

"I know no safe depositary of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power." --Thomas Jefferson to William C. Jarvis, 1820. ME 15:278

AND

"The most effectual means of preventing [the perversion of power into tyranny are] to illuminate, as far as practicable, the minds of the people at large, and more especially to give them knowledge of those facts which history exhibits, that possessed thereby of the experience of other ages and countries, they may be enabled to know ambition under all its shapes, and prompt to exert their natural powers to defeat its purposes." --Thomas Jefferson: Diffusion of Knowledge Bill, 1779. FE 2:221, Papers 2:526

FINALLY

"Every government degenerates when trusted to the rulers of the people alone. The people themselves, therefore, are its only safe depositories. And to render even them safe, their minds must be improved to a certain degree." --Thomas Jefferson: Notes on Virginia Q.XIV, 1782. ME 2:207 (PLUS) "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be." --Thomas Jefferson to Charles Yancey, 1816. ME 14:384 (AND) "Convinced that the people are the only safe depositories of their own liberty, and that they are not safe unless enlightened to a certain degree, I have looked on our present state of liberty as a short-lived possession unless the mass of the people could be informed to a certain degree." --Thomas Jefferson to Littleton Waller Tazewell, 1805.

The Founders, especially Jefferson, understood that healthy debate comes from being informed. My goal is always to stimulate conversation that gives me an others to discern for ourselves on balance what is or is not true, or a best truthful! Again, I appreciate each member of the RP family!

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Follow-up (2) - 16 Jan 2020:

I want to thank everyone for the responses to this post. It has been and continues to be an interesting discussion. But, it brings up one more issue. Some have considered that it is time, given the antics on both sides that a Constitutional Impeachment Amendment be developed to further codify the impeachment process to begin to remove it from the political to the criminal and set higher standards and processes for this process.

But, that question of whether or not a constitutional impeachment amendment should or should not be pursued will be created in a separate post, but linked to this post. I find it interesting that some voices are beginning to rise in favor of this.

Once the Senate Trial is finished and a "cooling off period" as it were insues, it would not surprise me if this topic of a constitutional impeachment amendment were addressed. I think the nation completely understood the need for Nixon's impeachment in a very bi-partisan manner. But, I believe the population as a whole (right-center-left) who are thinking "independently" is getting tired tit-for-tat politics.

So, this new issue of an amendment to better manage the impeachment process as we emerge to begin another 250 yrs of independence will be interesting.
Edited 1 mo ago
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CAPT Kevin B.
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Impeachment and trial is an administrative political action, not a criminal trial. The Constitution has no time requirement for transfer. I suspect Pelosi is working things for maximum political advantage vs. anything to do with fairness. Interesting thing. If criminal law is violated which results in a removal from office, then the person can be arrested, tried, and punished accordingly. Since no criminal trial previously occurred, then there is no double jeopardy. That was the case for Nixon for which Ford jumped in right away with the pardon. It cost Ford the next election because too many people wanted their pound of flesh. However time has shown there was a significant benefit for the Country being able to move on. BTW there are no 5th Amendment protections either on administrative actions.
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Cpl Richard Besser
Cpl Richard Besser
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CSM R Wynn - you can call all the BS you want, the next monshoon will was it down the drain :) And the next election will show you just how much the really cares about a stinking phone call.
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MAJ Elmer Tribble
MAJ Elmer Tribble
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Maj E. T. - Where there was smoke. This is not something people made up on DT.He put himself in these situations because he thinks he is above the law. He is a bully and a one on one he is a coward. To hurt people because they told the truth on him. Look the fruits that tree produces. No has gone after DT, he puts himself in the position. He is not
a leader, but most of all the republicans weasels for being scared of him. Who would have thought that a group of senators would be scared of one man. Who runs the senate and Mich is now become a con man himself. He thinks that we don't remember the ship with million of dollars of drug caught and not letter a well known Soviet alagart put a plant in northeastern KY instead of getting one our own plant put one there. It is going to cost a lot with the underground operation of Russian operatives hiding in the plant to line his pockets with money. Where have we gone, this is no play game.
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SSG Danielle Birtha
SSG Danielle Birtha
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MAJ Elmer Tribble - No Sir. With all due respect, I suggest you examine the Law that you raised your hand and swore to protect and defend... and our rights... he IS the Treaty Authority of the U.S. (with the advice and consent of the SENATE)... not Nancy Pelosi... NOT JOE BIDEN... unless you want what happened in Germany on 30 Jan 1933 to apply, which makes Nancy the Chancellor of the U.S., with power outside and above the Reichstag... just like Hitler... nearly to the Day.
The Impeachers denied the President of the U.S. --> ALL of his U.S. Legal Rights, and insist that hearsay is enough for conviction.Think about that, Sir.
That is the gateway to taking all of our rights from all of U.S. ... just like was done for Adolf Hitler in 1933. Followed by... March 24, 1933 - the Enabling Act... which made Hitler the Furor... and the Holocaust began.
I know... you only see the Dem side of the story, because our Press is now reporting only that part of the story that appeals to the ignorant and manipulable.
Gee, Sir... I truly hope the Officers in our U.S. Military are not as manipulable as you...
--> OR OUR NATION'S FREEDOM IS GONE, AS OUR SERVANTS LEAD INVADERS INTO OUR NATION... RE-ENACTING SLAVERY, AND DEMANDING THAT THE PROSPERITY OF THIS NATION THAT THEY ARE COMMANDED TO SECURE... MAY BE GIVEN AWAY TO OUR ENEMIES... CHINA, RUSSIA, JAPAN, BRITAIN, AND THE INVADERS ... GIVING THEM AID AND COMFORT... --> BY LAW >(

WAKE UP! WE ARE UNDER ATTACK FROM WITHIN... AND YOU ARE AIDING IT >(
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Sgt Paul Curreri
Sgt Paul Curreri
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SSG Danielle Birtha - ...we don't even see the irony, do we... amazing..
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Specialist Teacher Primary And Secondary
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From what I. Understand the speaker of the house Pelosi has said she is withholding the impeachment papers until she obtains confirmation of a fair trial...this appears to be prejudging the legal process as unfair before it begins and wielding power to hold up the beginning of trial and extort her demands ...that’s how I understand this ..the legal process hasn’t begun yet, but it’s held up, stalled, therefore answer 1. Yes.
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MSgt Allen Chandler
MSgt Allen Chandler
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CSM John Mead - I believe they are to Mistakes in your statement in your Comments. First about the accomplishments and cost of the Mueller report. It cost for a less that all the research That went into and the hearings about The embassy in Benagazi. The benagazi No wrongdoing (Some dumb mistakes but not crimes) The Mueller Investigation Got dozens of indictments, Quite a few convictions, And numerous referrals to otherAgencies to investigate. Plus Is all the unanswered questions Because he was ordered not to charge or indite A sitting president.
The second Error you made Is about an Active duty soldier Calling the Commander-in-chief a liar. I would certainly agree There is an active duty Person Called for anybody in his chain of command To be removed He would have to back up that statement With proof. But if he had proof Then it wouldn't be insubordination. Donald Trump is a liar. And you could be proven.
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SP5 James Driggers
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SP5 James Driggers
SP5 James Driggers
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I GUESS HIS GOLFING BILL DONT COUNT RIGHT?
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MSgt Ken Flood
MSgt Ken Flood
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you can all yell and scream all you want this was a total partisan linching and an equally partisan acquittal. The people will make the final decision in November and i pray that every sitting member of both houses is removed and term limits applied
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1SG Claims Assistant
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The 6th Amendment is not applicable, at least in the narrow context of the question, because impeachment is not a criminal proceeding.
The Senate will set rules for how the trial will be conducted. Trump or his attorneys can make motions as to what they'd like, subject to rulings from the Chief Justice or majority vote of the members present.
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CPL Steve Freeman
CPL Steve Freeman
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I concur
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CPL Steve Freeman
CPL Steve Freeman
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CW4 (Join to see) if it was such a dire emergency like they said it was they wouldn't have taken recess over Christmas.
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CPL Steve Freeman
CPL Steve Freeman
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CPO Nate S. She has shredded whstever credibility she may have enjoyed prior to December.
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CPL Steve Freeman
CPL Steve Freeman
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CPL Steve Freeman whatever. I suck at button pushing.
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