Commentary A “high misdemeanour” is “a crime of a heinous nature, next to High Treason.” — Encyclopaedia Britannica (1778) America has a no lack of organizations allegedly concerned about civil liberties. They and their law-professor allies squawk loudly if any celebrated thug isn’t treated with strict procedural fairness. But the impeachment trial of former President Donald Trump is another matter. Never mind that the sovereign power of the U.S. Congress has been launched to crush a private citizen. Never mind that the proceedings are grossly unfair on multiple counts. The “civil libertarians” have either fallen silent or joined the wolf pack. On any test of fairness, the Trump impeachment proceedings fail badly. Consider the Article of Impeachment itself. An Article of Impeachment serves as an indictment, and procedural fairness requires indictments to delineate their charges clearly. An early draft of the Article alleged the crime of incitement to violence against …
Where Are the Civil Libertarians? The Gross Unfairness of the Trump Impeachment
February 8, 2021
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