Democrats are denying Trump due process to poison the well with their Star Chamber Proceeding. The testimony of Vindman yesterday is but one example of it.
Left-wing zealots have often been prepared to ride roughshod over due process and basic considerations of fairness when they think they can get away with it. For them the ends always seems to justify the means. That is precisely how their predecessors came to create the gulag.
The most fundamental right of any citizen under a prosecution by the state is to be able to cross-examine a witness, to explore their testimony for accuracy, to explore a witnesses biases, motivations and character, all so that jurors can best discern the truth. Moreover, an equally important right of the defendant is to object to testimony against him being heard by the jury on grounds that it is irrelevant or insufficiently trustworthy to be admissible. These all a part of due process of law, a practice so ancient in our Anglo legal system that it predates the Magna Carta of 1215. And it is, to quote Justice Story, a “birthright” of ever American, even for non-progressives.
Due process of law also includes other processes and protections. For instance, the federal government has a grand jury system, whereby the government, before indicting and bringing charges against a defendant, first presents its side of the case to a Grand Jury in a secret proceeding. If the Grand Jury agrees that the government has made what appears to be a sufficient claim, they will vote to approve the filing of charges. Importantly, testimony given before a Grand Jury is secret so as not to prejudice the Defendant. It is a significant violation of the law to leak Grand Jury testimony. A trial is then held in public, but the Grand Jury testimony is not admissible at the actual trial, absent some exception to the hearsay rule. Fed. R. Evid. 803.
Lastly, it is fundamental to the due process of law in our modern era that the State, whenever it becomes aware of information that would tend to prove a defendant’s innocence or that would tend to show that a witness for the prosecution’s honesty or accuracy may be put at issue, it must provide that information to the defense as a “Brady Disclosure.”
So, let’s match that up with the Star Chamber process being conducted today by Nancy Pelosi and Adam Schiff.