Trey Gowdy (@TGowdySC) Has Some Pertinent Impeachment Questions

Trey Gowdy recently asked these very relevant questions about the Trump Impeachment Hearing.

  1. What is the appropriate evidentiary standard by which articles of impeachment should be proven? Preponderance? Clear and convincing? Beyond a reasonable doubt? How would you define those terms to someone unfamiliar with our justice system?
  2. Do any presumptions attach to judges, civil officers, or presidents who are impeached? Is there a presumption of innocence at the beginning of the trial?
  3. What is the proper role for the Senate in impeachment? Deliberate? Investigate? Litigate? Some hybrid of all 3? What is the explanation for calling witnesses in the Senate if those witnesses were not heard in the House?
  4. Can you call a witness you know will invoke a testimonial or investigative privilege?
  5. If a witness does not offer testimony during the investigation, can that witness offer testimony during the trial? Should he or she?
  6. Should branch disputes be fast-tracked in court so the resolution does not linger and a failure to comply is not rewarded?
  7. Should the rules of evidence which govern civil and criminal trials be used in impeachment proceedings?
  8. How do you define hearsay? How do you determine the reliability of hearsay evidence?
  9. Is there a difference between being “fair” and being “complete”? Can you be one without the other? If the House did not consider the testimony of a witness during the impeachment investigation, should the Senate consider that witness in deliberating a verdict? Why/why not?
  10. If witnesses can be summoned, but are not, who bears the burden of explaining why those witnesses were not summoned?
  11. What tends to make you believe certain witnesses over other witnesses if the testimonies are not reconcilable?
  12. What is your definition of “relevant witnesses”?
  13. How many “relevant witnesses” would you access?
  14. Since honest people can tell lies and mendacious people can tell the truth, what are the best tools for determining credibility?

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