OpinionFebruary 27, 2020

When I was in law school we joked that the most powerful writ known to the judicial system was the habeas fixus. Senate Majority Leader Mitch McConnell and the Republicans he leads showed the usefulness of this legal tool in the recently concluded trial of Donald Trump...

When I was in law school we joked that the most powerful writ known to the judicial system was the habeas fixus. Senate Majority Leader Mitch McConnell and the Republicans he leads showed the usefulness of this legal tool in the recently concluded trial of Donald Trump.

The evidence gathered by Democrats in the House of Representatives provided a solid "preponderance of the evidence" proving the president had done the following:

  • Abused the public trust by soliciting foreign interference in the 2020 presidential election.
  • Abused the public trust by obstructing justice in the investigations of his conduct. He adopted a view of executive power that can justify any of his actions simply by saying it is in the national interest.
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Had John Bolton been allowed to testify, the evidentiary requirement of having "clear and convincing evidence" of wrongdoing would have been met. Since this was not a criminal proceeding, it was not necessary to meet the standard of "beyond a reasonable doubt."

In considering whether the president should be impeached, senators take an oath that they will render, "...impartial justice according to the Constitution and laws,...." Instead of obeying this oath, Senator McConnell said, "Everything I do during this, I'm coordinating with the White House counsel. There will be no difference between the president's position and our position as to how to handle this to the extent that we can." This is hardly the statement of a senator with the personal worth and character needed for his job.

JOHN R. PIEPHO, Cape Girardeau

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