d2jsp
Log InRegister
d2jsp Forums > Off-Topic > General Chat > Political & Religious Debate > Senate Impeachment Trial 2020
Prev17576777879134Next
Add Reply New Topic New Poll
Member
Posts: 64,763
Joined: Oct 25 2006
Gold: 0.00
Feb 1 2020 04:56pm
Quote (GLYC123 @ Feb 1 2020 04:50pm)
Which, the subpoenaed witnesses delivered secondhand witness reports.
I watched basically 90% of the Congress hearings, there was nothing.

It was obvious it was going to be easily plucked apart by Trump's legal team.


If we were doing a real trial then every single witness that Trump wanted to block would have come in months ago, as would the recording of the phone call, and Trump's team would be charged with withholding evidence.

This isn't a real court obviously, but that's exactly what would have happened if this was a real case and not an impeachment.
Member
Posts: 32,103
Joined: Dec 29 2009
Gold: 0.00
Feb 1 2020 05:02pm
Quote (GLYC123 @ Feb 1 2020 04:24pm)
They don't charge someone unless they are confident that they at least have a reasonable chance at winning the case. They certainly aren't going to charge a person based on hearsay evidence when it's something serious. That might make them a suspect, but they certainly are not going to proceed with trial based on that.

Hearsay evidence is such a weak form of evidence.

Hearsay evidence isn't probable cause.


That doesn't change the fact that the standard of evidence between grand jury and court trial are significantly different. Prosecutors aren't required to call all witnesses in a grand jury hearing. The only thing they're required to do is present any potentially exculpatory evidence in their possession, since there is no cross examination in grand jury proceedings. They have to present enough of a case to show that there is/was probable cause that the defendant may have committed the crime being investigation. That burden of proof isn't enough for the criminal trial, so additional witnesses/evidence are gathered and presented to meet the "beyond a reasonable doubt" standard.
Member
Posts: 11,757
Joined: Dec 17 2006
Gold: 0.00
Feb 1 2020 05:04pm
Quote (Surfpunk @ Feb 1 2020 05:02pm)
That doesn't change the fact that the standard of evidence between grand jury and court trial are significantly different. Prosecutors aren't required to call all witnesses in a grand jury hearing. The only thing they're required to do is present any potentially exculpatory evidence in their possession, since there is no cross examination in grand jury proceedings. They have to present enough of a case to show that there is/was probable cause that the defendant may have committed the crime being investigation. That burden of proof isn't enough for the criminal trial, so additional witnesses/evidence are gathered and presented to meet the "beyond a reasonable doubt" standard.


What have we seen that creates Probable Cause?

Because it sure as hell wasn't the transcript or the second hand witness reports.

This post was edited by GLYC123 on Feb 1 2020 05:04pm
Member
Posts: 61,688
Joined: Mar 14 2006
Gold: 28.77
Feb 1 2020 05:05pm
Quote (GLYC123 @ Feb 1 2020 03:04pm)
What have we seen that creates Probable Cause?

Because it sure as hell wasn't the transcript or the second hand witness reports.



The transcript is on a classified server. The public hasn’t ever seen it.
Member
Posts: 11,757
Joined: Dec 17 2006
Gold: 0.00
Feb 1 2020 05:09pm
Quote (inkanddagger @ Feb 1 2020 05:05pm)
The transcript is on a classified server. The public hasn’t ever seen it.


But we saw the transcript at the moments when he mentioned Burizma/Biden. We aren't going to see every piece of information exchanged, that's going to be highly confidential if it doesn't pertain to the issue at hand. Foreign leaders will be increasingly skeptic if the information they exchange isn't kept confidential.

Why wouldn't Schiff want the whistle blower to testify?
That evidence would certainly have much more potential for strength and validity than what we've seen. It makes zero sense.

This post was edited by GLYC123 on Feb 1 2020 05:12pm
Member
Posts: 32,103
Joined: Dec 29 2009
Gold: 0.00
Feb 1 2020 05:12pm
Quote (GLYC123 @ Feb 1 2020 05:09pm)
But we saw the transcript at the moments when he mentioned Burizma/Biden. We aren't going to see every piece of information exchanged, that's going to be highly confidential if it doesn't pertain to the issue at hand. Foreign leaders will be increasingly skeptic if the information they exchange isn't kept confidential.


You don't get to support the confidentiality of the transcript and simultaneously bash the transcript for lack of evidentiary value.
Member
Posts: 11,757
Joined: Dec 17 2006
Gold: 0.00
Feb 1 2020 05:12pm
Quote (Surfpunk @ Feb 1 2020 05:12pm)
You don't get to support the confidentiality of the transcript and simultaneously bash the transcript for lack of evidentiary value.


Yes I do. Lol. Considering the released transcript was part of the force for driving the impeachment forward.

This post was edited by GLYC123 on Feb 1 2020 05:13pm
Member
Posts: 12,379
Joined: Jul 14 2008
Gold: 2,620.00
Feb 1 2020 05:14pm
Quote (Thor123422 @ 1 Feb 2020 13:12)
"Enough evidence to proceed" doesn't mean "all the evidence" and also doesn't mean "the senate doesn't collect more evidence".

It's just common sense


Quote (thundercock @ 1 Feb 2020 13:22)
That never happens in the real world. Do you think once an indictment occurs, the DA's office stops gathering evidence? Obviously impeachment trials are different than civil or criminal trials, but this notion that the Senate can't or shouldn't gather new evidence is pure applesauce.


Quote (thundercock @ 1 Feb 2020 15:13)
Well, it would have been another first hand account of what happened so it likely would have corroborated what we already know. I don't think it really changes the calculus much and now we're going to hear about it closer to the election as opposed to next week.



Uh...it's called lobbying your elected Senators lol. Are we not allowed to express disappointment in people we elected or something?



I don't think removal will ever happen with elected officials. We've seen first hand how much people are willing to bend over backwards for their team. If Nixon did what he did NOW, he wouldn't be forced to resign. It's ok though, we have elections to deal with this sort of thing.


Well said.
Member
Posts: 32,103
Joined: Dec 29 2009
Gold: 0.00
Feb 1 2020 05:15pm
Quote (GLYC123 @ Feb 1 2020 05:12pm)
Yes I do. Lol. Considering the transcript was part of the driving force for driving the impeachment forward.


If the majority is confidential and you haven't seen it, how can you claim that it didn't present probable cause? You're trying to have your cake and eat it, and this is where that can go:



This post was edited by Surfpunk on Feb 1 2020 05:16pm
Member
Posts: 64,763
Joined: Oct 25 2006
Gold: 0.00
Feb 1 2020 05:17pm
Quote (GLYC123 @ Feb 1 2020 05:09pm)
But we saw the transcript at the moments when he mentioned Burizma/Biden. We aren't going to see every piece of information exchanged, that's going to be highly confidential if it doesn't pertain to the issue at hand. Foreign leaders will be increasingly skeptic if the information they exchange isn't kept confidential.

Why wouldn't Schiff want the whistle blower to testify?
That evidence would certainly have much more potential for strength and validity than what we've seen. It makes zero sense.


The transcript isn't the recording, and we have reason to think the transcript was compromised.

There isn't a need to show the public the private recordings, it can be shown to members of congress on the senate intelligence committee and they can give their take.

The whistleblower is not relevant. Imagine if I went to the police station and said "Tony said that Jeff said he killed a man". It might start an investigation, but I wouldn't have been close enough to the situation to warrant getting under oath to testify. Tony might, and Jeff definitely is, but I'm not.
Go Back To Political & Religious Debate Topic List
Prev17576777879134Next
Add Reply New Topic New Poll