Senators voted 48-52 on the abuse of power article of impeachment and 47-53 on the obstruction of justice article in Donald Trump’s impeachment proceedings. Following the impeachment votes, the words used to describe the outcome are vindication, acquittal, cleared of all charges and not guilty. One word you may not hear is mistrial. That’s exactly what occurred. A mistrial occurs when neither side wins in a trial. It is also called a hung jury. As a trial attorney and former prosecutor, I can attest that neither side wants a mistrial. A mistrial can occur for several reasons. It happens where the jury cannot agree on a verdict. A mistrial also occurs where a trial is rendered invalid through an error in the proceedings. Through juror misconduct, a judge may also declare a mistrial. A mistrial took place for several reasons in the impeachment proceeding. First, there was never a real trial. It defies reason to have a jury verdict when there is no real trial with sworn witnesses to … [Read more...] about Why Trump’s Impeachment Ended in a Mistrial Without an Acquittal
impeachment
The Impeachment Charade Trial
The Senate votes on Wednesday to convict or acquit Donald Trump after no trial occurred. How can someone be acquitted if there was never a trial? In a real court room instead of a fake political proceeding, witnesses are called to testify under oath before a jury can convict or acquit a defendant. The impeachment trial left all semblance of a trial at home. In a recent The Hill article, I wrote: Please Don't Call the Impeachment Proceeding a Trial; It's Charade. As a trial lawyer, I am appalled at what occurred in the Senate chamber masquerading as s trial. It demeans the term justice to think that what occurred in the impeachment proceeding was anything but a sham. As a trial attorney and former prosecutor, I’ve tried over hundreds of cases. The essence of a trial is to seek justice and search for the truth. I often tell jurors that it’s a fact-finding mission with a juror’s role to determine the facts of the case. As I watched the impeachment trial unfold, I saw little … [Read more...] about The Impeachment Charade Trial
Senator Doug Jones, a Fellow Trial Lawyer, Speaks Truth to Power
The day of the vote to convict or acquit Donald Trump over two articles of impeachment, I watched Alabama Senator Doug Jones deliver his reasons for conviction. As I sat watching Senator Doug Jones give his statement on why he will vote to convict Donald Trump, I felt emotionally moved. He articulated the courage of morals and country over president. He convincingly made the statement that there is only right versus wrong. And right should always prevail over wrong. He cited his upbringing in Alabama as one of the reasons why he must stand with truth and justice over lies and injustice. He stated that: “Doing right is not a courageous act. It is simply following your oath.” “Our country deserves better than this” president. As a trial lawyer like Mr. Jones, he laid out the case for why both articles of impeachment should result in a conviction vote. Just as we do in court rooms to juries, he stated that folks should not leave their common sense at home. In this impeachment … [Read more...] about Senator Doug Jones, a Fellow Trial Lawyer, Speaks Truth to Power
Mitch McConnell’s Chickens may be Soon Coming Home to Roost
Republican cracks of support for Donald Trump became apparent when Trump announced withdrawal of U.S. troops from Syria. These actions unilaterally left the Syrian people faced with hostile take- over, displacement and killing of Kurds by Turkish military forces. This set of circumstances led Trump to reconsider his impulsive move. Vice President Pence announced a cease fire agreement on Thursday, October 17. Less than 24 hours later, Turkey resumed business of firing as usual. Up to now, Senate Majority leader Mitch McConnell’s iron hand kept Republican Senators in line with protecting Trump. Could these new events be the straw that helps break the GOP’s elephant back? There is also something known as karma—what comes around goes around. Senate Majority Leader Mitch McConnell (R. KY) once declared that his main goal was to make President Obama a one-term president. He failed to succeed. He did succeed on his promise to deny a Supreme Court seat vacancy to President Obama as a … [Read more...] about Mitch McConnell’s Chickens may be Soon Coming Home to Roost
White House Gangsta in Chief Needs to Leave
The federal government shutdown has now gone into two missing paychecks for workers without any resolution. It started as Trump’s demand that Mexico would pay for the wall. Then it advanced to American taxpayers would need to pay for the wall. Mexico likely laughed at the suggestion of their paying for it. And now it has snowballed into a hostage take over situation of over 800,000 federal government workers plus contract workers being furloughed until presumably American taxpayers pay for the wall. Trump has placed America at risk in food safety, air safety, health safety, economics, intelligence and basic human rights. While the focus at times has been on federal government workers in the DC, Maryland and Virginia area, federal employees work in all 50 states plus the District of Columbia. Large numbers of workers are located in Montana, Wyoming, New Mexico, South Dakota, West Virginian and Iowa –Trump Red states. There are government contractors who are not government employees who … [Read more...] about White House Gangsta in Chief Needs to Leave
2018- A Year of Sex, Lies, Guns and Trump
Every new year, we look back towards the past year to see the good, bad and ugly. If 2018 can be boiled down to a theme—it would be sex, lies, guns and Trump. Trump fits into all three categories. Guns were rampant again this year with no end in sight in terms of gun control. On February 26, 2018, in Parkland, Florida, one of the safest towns in the U.S. , a school gun shooting occurred and 17 persons died including teachers and students. This time may have been different than previous gun shootings in that it galvanized students to hold the March for Our Lives on March 25, 2018. It once again raised the issue of gun control. Like in so many times and years before, no meaningful gun legislation occurred. On June 29, five journalists were shot and killed at the Annapolis Gazette in Annapolis, MD. Throughout the Trump administration, Donald Trump has shouted chants that the media is the enemy of the state. Our constitution’s first amendment is freedom of the press. Yet, the … [Read more...] about 2018- A Year of Sex, Lies, Guns and Trump