Saturday, November 9, 2019

Right to Confrontation: The Latest Bogus Legal Argument over the ‘Whistleblower’

Andrew C. McCarthy
Impeachment is neither a criminal trial nor a legal process, so the president does not have the constitutional right to confront his accuser.
"As a constitutional lawyer, Rand Paul makes a good medical doctor.
"I used to have occasion to say that in the Patriot Act debates, when the senator was wowing us with his Fourth Amendment theories. With impeachment upon us, he’s now onto the Sixth Amendment — specifically, the confrontation clause. It guarantees the right of cross-examination: In all criminal trials, the accused must be given the right to confront the accusers. Senator Paul has deduced that this must mean that the identity of the so-called whistleblower has to be revealed, lest President Trump be denied his constitutional rights.
"Sigh.
"Mind you, Senator Paul has been making this argument while he himself shrinks from outing the man at issue — whom we are reliably told is a 33-year-old CIA official, formerly tasked to the White House National Security Council as a Ukraine expert. There is but a small circle of people who fit that description, so Paul, like many in Washington, has known the name, to near certainty, for some time.
"The senator makes the fair point that there is no legal barrier to the media’s naming the man. We can be confident that if a Democratic president had been accused of impeachable offenses, that would already have happened weeks ago (and, indeed, some right-leaning media sites have published the name)." . . .

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