1st Amendment: “…right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
People have been arrested, and jailed for months for assembling in Washington to protest their grievance against the outcome of the 2020 election.
IV Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
People have been arrested, and held in prison for many months without a single felony charge, let alone, conviction against them.
V Amendment: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor be deprived of life, liberty, or property, without due process of law.”
Have any of the Jan 6 detainees been arraigned on criminal charges? I don’t believe they have. Rather they have been interrogated unmercifully, and pressured to accept plea agreements to stop the torture. Many have lost their jobs, or businesses, or lives as a result of the proceedings, loosing their liberty, property, and their pursuit of happiness.
VI Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”
It has been over a year for many of these detainees, and their trial is still not forthcoming. None of these prospective defendants could possibly receive an impartial jury in Washington DC, but repeated pleas for a change of venue have been refused.
Many of these detainees have not been informed of specific criminal allegations, rather they have been harassed, hoping that they will say something incriminating.
I am unaware of any witnesses against these detainees. (A witness is someone that is willing to testify, in a court of law, under oath.)
I am not aware of any of these detainees having the ability to provide defensive witnesses, and exculpatory evidence is routinely rejected, and stifled by the prosecution.
The phrase, “to have the Assistance of Counsel for his defense,” has been violated by the criminal prosecution of two of President Trump’s attorneys, for their legal advice. This is a flagrant violation of attorney client privilege, and the 1st Amendment freedom of speech.
VIII Amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Many of the Jan 6 detainees have been held, without bail, for many months, sometimes in solitary confinement. (solitary confinement is usually considered cruel and unusual punishment, and reserved for the most egregious offenses, and for small durations.)
The Jan 6th committee hearings are a farce, and a mockery of justice.
The 5th Amendment, in the final phrase, guarantees that every American, including President Trump, will not, “be deprived of life, liberty, or property, without due process of law”
Our Congress, without any constitutional authority, or justification, is attempting to try President Trump for following the legal advice of his attorneys, and the DC Bar has filed ethics charges against Trumps attorney, Rudy Giuliani, for his legal advice.
Judge Matthew Brann, said, “In this action, the Trump Campaign and the Individual Plaintiffs […] seek to discard millions of votes legally cast by Pennsylvanians from all corners – from Greene County to Pike County, and everywhere in between. In other words, Plaintiffs ask this Court to disenfranchise almost seven million voters.”
How can this judge be authorized to declare that these millions of Pennsylvanian votes were legally cast without so much as an investigation, and upon what authority can he prosecute anyone for believing that they were illegally cast? Shouldn’t the legality of the votes in question be fully investigated, and adjudicated before it is possible for President Trump’s opinion to be considered as to seek to discard millions of legal votes.
Our judicial system is deeply compromised, and until it is restored, tyranny will increase. It doesn’t matter if we like President Trump or not, He is entitled to, “a fair hearing, and due process of law.”
Anyone who is accused of committing a crime, or crimes, should be confronted with evidence, and witnesses before an impartial court, and their attorney should not be in fear of criminal prosecution for daring to represent his client effectively.
Either this applies to every American, of we live in a tyranny. President Trump is no exception.
God bless you, Dave