constitutional experts will be debating President Trump's misconduct for generations to come, but I think they will reach consensus as to the misconduct of the Senate in the Trump impeachment. This is the first time in the history of impeachment that no witnesses and documents were allowed to be called by the U.S. Senate. It violates the Constitution in the impeachment trial of Donald Trump by its failure to hold a constitutionally fair trial. At one time, I had the opportunity to present as a House manager an impeachment case here in the U.S. Senate on a district court judge by the name of Nixon. I remember, when I appeared before the Senate, I was cautioned immediately, even though Judge Nixon had been convicted of a bribery type of an offense in a criminal court, that it was incumbent for us to present the witnesses and documents in the U.S. Senate and that the Senate would conduct its own record in regard to the proceedings. Yet, here, we are not having witnesses in the President's impeachment trial. We had some help from the Supreme Court on this. In Nixon v. United States, 1993, pertaining to Judge Nixon's trial, Justice Byron White had a concurring opinion. Justice White said that the term ``try,'' as used in article I, section 3, clause 6, meant that the Senate should conduct a proceeding in a manner that a reasonable judge would deem a trial. We failed to conduct a constitutionally fair trial here in the U.S.…
On the recordFebruary 3, 2020
Share
More from Ben Cardin
Dec 18, 2024
section 36(b) of the Arms Export Control Act requires that Congress receive prior notification of certain proposed arms sales as defined by that statute. Upon such notification, the Congress has 30 calendar days during which the sale may…
Dec 5, 2024
if we are going to carry this as a value on the international stage, that the United States stands up for human rights and certain values and the rule of law, is it not important that we be willing to apply these sanctions to accomplish…
Dec 12, 2024
as if in legislative session, notwithstanding rule XXII, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 91, S. 920. The PRESIDING OFFICER. The clerk will report the bill by title. The senior…





