Thursday, January 30, 2020

Open Letter To Supreme Court Chief Justice

A Common Sense Proposal To The Solution On The Alleged Fraudulent Impeachment Trial

We The People Are The Impeachment Trial Jurors As Well


Donald Trump Still Made The ‘Precedent’ In His Impeachment Case

Donald Trump became the third in US history who was impeached on 12/18/19. But he still made the ‘precedent’. He is the ‘first’ President who was impeached and whose origination misconduct is not ‘private misconduct’ and who almost face no Primary re-election competition within the Republican party.

Clinton’s impeachment case was originated by ‘Private Misconduct’, though he initially denied the ‘misconduct’ and did not tell the truth. Andrew Johnson was voted off from his party. He did not enter into the re-election competition. Clinton was acquitted, but his remaining time at most in the Office was a year.

Trump’s impeachment case was different. His offense was ‘Public Misconduct’. It affects everyone of us. He has/had been consolidating the power within the Republican party, exercising party-wide dictatorship, making Republican party his ‘Golf membership’ Club. The leading Republicans in the House (Devine Nunes, Doug Collins) and Senate (Mitch McConnell, Lindsey Graham) are the leading promoters of the Cult of Blind Loyalty. The potential challengers’ voice was silenced. They are deprived of the right to compete with Trump in the Republican Primary.

Impeachment Proceeding Is Not Exactly The Same As The Criminal Justice Proceeding

Criminal justice proceeding is about the confrontation between one entity versus another entity. Its impact is relatively private, though the case law always sets the precedent. Impeachment proceeding is about removal or not removal of public officers. Its impact is relatively public. The consequence on the individual who is to be removed does not affect his personal liberty as an ordinary citizen. There is no punishment of the sort (imprisonment and fine) imposed on the one who is to be convicted. Impeachment proceedings is not about Felony crimes (let alone if there is felony crimes). It is about the betrayal of the oath of public office.

Conviction vs Acquittal and Proof vs Disproof

Therefore ‘the presumption of innocence until proven guilty’ actually does not apply in the impeachment proceeding. The relationship between conviction and acquittal (exoneration) are also different from the criminal justice system. Conviction requires proof. But not to be convicted due to lack of evidence or non-sufficiency of evidence does not suggest acquittal (exoneration). The other side of the coin or the other side of the spectrum is presumption of ‘misconduct’ or ‘wrongdoing’ until ‘disproof of the ‘misconduct’. In the impeachment proceeding, we have to strike a balance between them to maximize the protection of our national interest and democracy and minimize the risk and stake that might result in the consequence of misleadership.

In the impeachment proceeding acquittal should require disproof. As long as the offence could not be disproved, the offender can not be acquitted; and a simple majority should support that outcome. In Trump’s Ukraine case, his intent (quid pro quo) could never be disproved because of the strong sufficient material evidence to support the conclusion, that even Trump’s Republican henchmen does not contend on the Facts.

Grand Jury vs Senators Jurors

In the criminal justice proceeding, non-qualified Jurors are not allowed to participate in the Grand Jury system. If the Jurors has a conflict of interest with entities in the litigation, they would be excluded and removed by the Court. In the impeachment proceedings, every Senator is a juror, no matter how biased their political position are, no matter how corrupt they are, and no matter how bad their moral and personal character are.

It Is Not About How Many Votes We need, It Is About The Quality Leadership

We need a disqualification formula for leadership quality control

The standards of the impeachment trial for Clinton case is a minimum for Trump’s case. Even the implementation of that standard could not ‘constitute’ an impartial trial for the Trump case, because the disqualification of Trump is much more worse than that of Clinton. We need to formulate an algorithm to score the quality or disquality of the leadership. With Trump’s other disqualification offense - violation of Emolument Clause, Racism, Liar-in-chief, Unethical embracement of foreign election interference (Russia case and Ukraine case), Ignorance of environmental protection, a threat to global security, a seller of national interest (to Russia), a practicer of nepotism, an underminer of press freedom of speech, and the worst - a mob ruler, a dictator, a mob Felony -, if Clinton’s disqualification score is 20, then Trump’s disqualification score must be more than 80.

We need to factor in the disqualification formula into the impeachment trial rule

To make the impeachment trial truly ‘impartial’, we need to factor in the disqualification score and output an impeachment trial rule that could sustain the fundamental principles that govern our Institutions. We almost always make laws (or amend legislation) in response to problems, crises. We seldom make laws (or amend legislation) awaiting crisis to occur, because our ‘foresight’ is relatively limited, particularly if the time frame is remote in advance.

We can afford to stringent our leadership quality control

Instead of loosening the quality control of our leadership, we can afford to stringent oru filter to sift the good from less good or bad leadership. We can afford to do that because our political system is a checks and balances system, our economic system is liberal and market oriented; and our education systems provide us with an abundant inventory of potential quality leadership; and our Bureaucracy is robust and is not subject to the whim of one individual top executive in case he went evil.

We need quality control mechanism for the leadership

Therefore, we should prohibit the President from being entered into the re-election race if a President is impeached or is impeached multiple times. We should formulate a rule of conviction based on a disqualification score. We should not acquit Trump (even if he can not be convicted) if there is ongoing impeachment inquiry based on other drastically different grounds. Trump has to recuse himself on any presidential impeachment rule (law) making.

A Precedent

Our founding fathers knew firmly that the 1789 Constitution must replace that Confederation document. But they knew they could not garner approval from every State. They believed they can secure 3/4 votes. Our founding fathers just made that rule for the ratification of our Constitution.

Constitution has never specified what we can do, what we can not do if a President was impeached multiple times.

Constitution is our living Supreme Law. It is a living document in its spirit and in its fundamental principles, not in it's details of stipulation. As we had filled in the details on the 'Commerce Clause' with Internal Revenue code and many others, it leaves us to fill in the details of the impeachment (trial) proceeding, a rare event actually having no precedent. The impeachment itself suggests wrongdoing.

Constitution has never explicitly specify the role of Chief Justice who presides in the impeachment trial's conviction and removal decision making.

Republican's Notion - "Why we do not trust people and let People's votes to remove Trump - Is Only True In Theory

Theoretically speaking, nothing Is wrong with Republican's notion that we can choose to trust People and let People's votes to determine whether or not to remove Trump. But in practice, this ideal is not easy to achieve. It requires a precondition. That precondition is that 'People' need to be properly informed.

Even if they are properly informed, we can not expect everyone to be a Harvard law professor. The average working class's time after 9:00 am - 5:00 pm are their leisure time, not their truth finding and research time.

Now the Republicans were doing everything they could to influence, misleadingly, misguidedly, the Public. From the Russia case alone, they had sowing numerous confusion in the minds of the American People.

In addition, the popular election was complicated by it's campaign proceeding. These included the fundraising mechanism which introduced partiality through large corporate donors, influential lobbying large interest group. As a result, some candidates were forced out of the competition. Furthermore, the election was complicated by the mechanism of electoral college. Didn't Trump lose the popular vote but 'win' the electoral college?.

Ultimately, our system is 'Representative Democracy', not 'Direct Democracy'. We elect Representatives and Senators to conduct Politics on our behalf. We (or the world) worried the anomaly of the 'Direct Democracy', as did Aristotle 3000 years ago. When direct democracy went wrong, Aristotle defined (called) that anomaly the 'mob rule', though today with the development of economy and education, this would not happen here.

If Trump is to be acquitted, he must solicit foreign and domestic election interference, he must do more than that, and we might not know or be prepared for now. DOJ's investigation on the origination of the Russia probe led by US attorney John Durham now focused on the role of the CIA, perhaps because the leading 'error' pointed out by IG's report was Carter Page's relationship with CIA. Republican's planned time of throwing out that ball was Summer this year - a time critical for the November Election.

We The People Are The Impeachment Jurors As Well

Senate is no longer the 'House of Lord' and House is no longer the 'House of Commons'. Senators are no longer the Elite (relatively more educated, wealthier) group. Now Senators were popularly elected.

When the elected Jurors themselves are corrupted, are criminals, and are Trump's henchmen who had made blatant claims of a fraudulent trial, 'Direct Democracy' is our last resort to avoid making the impeachment (trial) proceeding a rubber stamp mechanism for checks and balances and for leadership quality control.

History Is Demanding Us To Make The Precedent

History is testing the resilience of our system in combating corruption, party dictatorship, disunity factionalism. This is the time we Make the Precedent. This is the time we prove ourselves to outsiders that we did not abandon our children.

Attachments

Trump's Crime Log (published online at weimpeachdonaldtrump.wordpress.com)

Crime Report - Donald Trump fractured my femur bone
Crime Report - The Remote Dental Crime
Crime Report - Burglary and Identity Theft Fraud


Crimes Logged by Victim Hong Gan