Some "Trial"

by Groff Schroeder

On July 27, 2016, a Candidate for President of the United States asked, "Russia, if you're listening..." on live television, requesting an enemy nation (to whom he apparently owes a great deal of money) to interfere in the election on his behalf. That particular nation was already engaged in a sophisticated propaganda attack on the United States designed to divide the American People against themselves and destroy the institutions of the American democratic republic. And Russia's dictator was listening and did interfere in the 2016 election in exactly the way he asked, and he became the 45th President of the United States. But that was just the first time he would ask a foreign nation for help getting elected - which is illegal under United States Code Title 52, Section 30121.

Article 1, Section 2, Clause 5 of the United States Constitution gives the United States House of Representatives "...the sole power of impeachment," and Article 1, Section 3, Clause 6 gives the United States Senate "...the sole power to try all impeachments." On December 18, 2019, the House of Representatives approved two articles of impeachment. The first alleges abuse of power - for attempting to extort an allied nation at war into investigating a political opponent by withholding military aid appropriated by Congress under law. The second alleges obstruction of Congress - by refusing to respond to Congressional Subpoenas (the term "illegal subpoena" is oxymoronic) for evidence, documents, and eyewitness testimony. The Impeachment Trial began on January 16, 2020.

Trials exist to objectively present and assess the evidence against the accused. Refusing to review evidence, documents, and eyewitness testimony directly violates the most important foundation of American jurisprudence. There is no valid reason to prohibit the disclosure of evidence, the review of documents, or the hearing of eyewitness testimony at trial other than to immorally and unlawfully manipulate the verdict – or prevent one's own implication in the alleged criminal acts being tried.

On January 31, 2020, fifty one members of the United States Senate – including Colorado's Cory Gardner – voted to prohibit any evidence, document, or eyewitness testimony of any kind in the impeachment trial. This vote effectively nullified the second article of impeachment. But it also makes this impeachment trial the first impeachment trial (and apparently the only trial of any kind in American history) in which available evidence, documents, and eyewitness testimony were specifically and intentionally eliminated from consideration.

But an impeachment trial is far more important than any other trial. Refusing to review evidence to accomplish the unethical acquittal of a president accused of extorting a foreign nation into interfering in American elections to support his reelection campaign will destroy the fairness of all future American elections because all future presidents will be able to legally extort foreign nations into interfering in American elections. Refusing to review evidence to accomplish the unethical acquittal of a president who is unconstitutionally refusing to respond to Congressional Subpoenas effectively revokes the Separation of Powers and the Checks and Balances of the United States Constitution.

It appears fifty one Senators have abandoned their oaths of office and their duty of Congressional oversight, effectively making an enemy government supported President of the United States a virtual dictator beyond the reach of both Congressional oversight and the rule of law. Russia's dictator must be very pleased.

This essay appeared in the February 5-12 issue of the Colorado Springs Independent with the quotation below.

Every dictator is an enemy of freedom, an opponent of law.

Demosthenes