Confrontation Clause

No, Trump doesn’t have a Constitutional right to confront the whistleblower. What Trump Can Teach Us About Con Law

The Constitutional right to confront your accuser applies only in criminal cases, not impeachment, which is not a criminal case. And even if you assume criminal law applies, the stage of the impeachment we’re in now isn’t the trial — that happens in the Senate. And even if criminal law applied here, Trump doesn’t have the right to confront his whistleblower, because the case against him is being made independent of the whistleblower’s statements.

Trump and the Republicans are exercising one of their main strategies, which is to lie blatantly, openly and obviously, in a manner where anyone can see they’re doing it. It’s like when a little boy punches another boy while saying, “I’m not punching you.”

It goes back to near the beginning, when Trump’s own statement obviously contains a quid pro quo, no matter how many times Trump keeps saying, “No quid pro quo.” That statement alone is enough to convict him of bribery, which is explicitly stated in the Constitution as an impeachable offense.

If we can’t have an honest President, at least we can have a better liar.

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