Looking at the rules and procedures the Democrats have proposed for the running of their impeachment efforts, one is reminded that its various features are very similar to another set of adjudication processes designed, implemented and vigorously promoted by progressives as affirmatively better than what is required by the Bill of Rights.
I’m referring to the Title IX compliance requirements the Obama Administration’s Department of Education established for the nation’s colleges and universities via its infamous 2011 “Dear Colleague” letter for adjudicating allegations of sexual misconduct.
As the Obama Administration had every right to expect, the overwhelmingly Left-Wing Administrator corps of the nation’s institutions of higher learning leapt joyously to obey.
They immediately established adjudication procedures that featured some, or all, of the following;
- the accused has no right to counsel, and in some colleges is affirmatively barred from having counsel present.
- the accused is not informed of the specific charges against him or the identity of his accuser until the trial or just before.
- the accused is not allowed to question the accuser or directly challenge the accuser’s testimony.
- the accused’s questions, witnesses and evidence must be preapproved by the accuser’s advocate or counsel.
- the accused is not allowed to question the accuser’s witnesses or directly challenge their testimony.
- the accused is not allowed to see or hear the testimony or examine the evidence against him.
- the accused is not allowed to present witnesses to testify on his behalf or present evidence in his favor.
- the accused is not allowed to have access to any transcripts or records of the proceedings.
- the same official serves as prosecutor, judge, jury – and/or also counsel for the accuser.
- the accuser can alter her testimony (including changing dates and locations), even after the accused has presented a defense.
- the accused can be barred from attending hearings on his case.
- the accused has no presumption of innocence and may be required to disprove his guilt.
- Secret accusers
- Secret testimony
- Secret evidence
- Secret hearings
- Secret transcripts
- Prosecutor (Adam Schiff) has veto power over questions, witnesses and evidence by advocates for the accused.
- No counsel for the accused.
- Prosecutor also acts as judge.
This is scary stuff.
One of the reasons I decided that Trump will get my vote in 2016 was the absolute terror that even more of the folks who came up with the “Dear Colleague” letter, and their willing allies from academia will get their hands on the levers of power if Hillary was ever sworn in as President. I feared that we only saw a mild preview of what a “social justice” driven President can do with Obama.
The National Lawyers Guild has advocated for the very same “Dear Colleague” rules to go off-campus and be applied in real criminal courts…. and there are at least three Supreme Court Justices that would rule trials under these rules to be in keeping with the Constitution.
If anything, it should now be very clear that the removal of civil liberties and due process protections from disfavored individuals and groups is a feature, not a bug, of any system of adjudication favored by the Left.
If they can do this to a sitting President of the United States, imagine what they can do to you.
https://www.redstate.com/diary/Martin_A_Knight/2019/10/31/impeachment-campus-kangaroo-court-rules/
