Impeachment Process

Impeachment is a Process

in The Political Slant by

*Our Founding Fathers lived through the wrongs of Europe and knew what they wanted for this country. No one is above the law or our Constitution. No one.

In 1999, part of the media and religious groups focused on Bill Clinton’s infidelity as justification for initiating (charging him) his impeachment. The House charged him with perjury and obstruction of justice. The Senate needed 67 votes to remove him ended up with only 50 and 45 votes to remove him from obstruction of justice and perjury respectively.

Under Article 1, Section 2 of the Constitution, the House of Representatives has the sole power of initiating the process of impeachment. The House drafts the articles of impeachment of a President based on any charges of the constitutional standard of treason, bribery or other high crimes and misdemeanors.

The Constitution’s Section 3 grants the Senate the sole power to bring to trial all impeachments and convicts or dismisses the charges based on the articles. It takes the concurrence of two-thirds’ of senators to convict and remove an official. To date, no president has been removed from office by impeachment and conviction.

Sen. Ted Cruz (left) and Rep. Beto O’Rourke (right)

Republican U.S. Senator Ted Cruz of Texas claims to be a Constitutionalist. He claims he does not want to see the Constitution eroded and once said responding to John McCain, “If standing for liberty and standing for the Constitution make you a wacko bird, then you can count me a very proud wacko bird.”

But for Cruz, not eroding the Constitution does not mean it should change biases he endorses. When the U.S. Supreme Court lifted the ban on same-sex marriage in five states, Cruz asked to amend the U.S. Constitution to prevent the federal government or the U.S. Supreme Court from overturning the ban on same-sex marriage even though the Constitution reads liberty and justice for all.

The marriage of one person to another would not affect him or his family other than conflicting with a biased opinion. The rejection that everyone is equal is unconstitutional; therefore, you should not claim to be a constitutionalist.

Cruz falsely said Beto is the only candidate to call for the impeachment of Donald Trump. Cruz did not mention that Beto voted to table the proposal for impeachment. Impeachment starts by the House and is an indictment laying out the facts for the Articles of Impeachment presented to the Senate for their decision. Impeachment needs two-thirds of the Senate.

Beto has not promoted impeachment at town halls or rallies, has not sent the fundraising or petition emails on it, has not posted social media advocating for it, and has not used his position of public trust to do so through floor speeches, letters or resolutions.

Impeachment, much like an indictment, shows that there is enough there for the case to proceed and, at this point, there is certainly enough there.”

Beto said, “Standing on stage in another country with the leader of another country who wants to and has sought to undermine this country, and to side with him over the United States — if I were asked to vote on this, I would vote to impeach the president. Impeachment, much like an indictment, shows that there is enough there for the case to proceed and, at this point, there is certainly enough there.”

As a hypothetical Senator, a reporter asked Beto if he would convict Trump, Beto said, “Until I’m in that position and am able to hear the case made by each side, all the facts laid out, I can’t give you an answer on that — nor would you want me to.” This consideration sounds like due-process; let me listen to the charges, review the evidence and decide according to the evidence.

That does not seem like an agenda.

What sounds like an agenda and also unconstitutional is what Ted Cruz said, impeachment is not the essence of civility. That does not make sense even after he endorsed substance over rhetoric. Maybe to a politician, but Americans know the meaning of impeachment and civility. Bringing formal charges is not uncivil, it’s a responsibility and a process for law and order if charges are warranted. Although Cruz thinks so, no one in their right mind would consider an injustice should be dismissed or not processed.

Cruz further states an impeachment would bring “utter chaos,” “partisan politics, “Washington gridlock,” “witch hunt” and “partisan circus.” Beto replied, “Really interesting to hear you talk about a partisan circus after your last six years in the Senate.” Both Congress and the Senate relished on unreasonable gridlock for years.

Law and order should not play second fiddle to politics. No law enforcement officer, other than one under indictment, has ever thought of delaying a hearing for a suspect or perpetrator of a crime. It’s not in our Constitution. James Madison, Thomas Jefferson, and George Mason had more sense than Rafael Edward Cruz. Someone other than Beto, tell Ted, Beto is more of a Constitutionalist than Ted. If it came from Beto, Rafael might think it was just political.

Khizr Kahn, please lend Ted Cruz your pocketbook of the Constitution. He must read it.

 

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Sam Martinez is a retired FBI special agent
and author of
Systemic Evil, Mat Perez vs the FBI

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