Is Blagojevich right about being railroaded?
John Faber raises an interesting point: Illinois Gov. Rod Blagojevich, whose impeachment trial began today, has already had the case for the prosecution made in the media. No particular standard of proof is required for members of the State Senate to remove Blagojevich from office.
That being the case, the rules which prevent either Blagojevich or the managers for the prosecution in the Senate from summoning witnesses who might have to testify later in Blagojevich's criminal trial operate against Blagojevich in a way they simply don't operate against the managers for the prosecution. In fact, they effectively prevent Blagojevich from disproving those charges- from answering a case for his removal from office which to all intents and purposes has already been made in the media.
Maybe Blagojevich- who is boycotting the trial on the ground that it's a sham- has a point. Granted, the Sixth Amendment only applies to criminal charges. But it's hard to see that technicality as a legitimate excuse to deny somebody facing even an impeachment trial the right "to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor."
That being the case, the rules which prevent either Blagojevich or the managers for the prosecution in the Senate from summoning witnesses who might have to testify later in Blagojevich's criminal trial operate against Blagojevich in a way they simply don't operate against the managers for the prosecution. In fact, they effectively prevent Blagojevich from disproving those charges- from answering a case for his removal from office which to all intents and purposes has already been made in the media.
Maybe Blagojevich- who is boycotting the trial on the ground that it's a sham- has a point. Granted, the Sixth Amendment only applies to criminal charges. But it's hard to see that technicality as a legitimate excuse to deny somebody facing even an impeachment trial the right "to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor."
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