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Re: Image comments for America wants more impeachment !
Posted by: Richard_M_Nixon
Date: 08/08/2006 01:13AM
under the articles of impeachment, how would Mr. Bush be impeached? He has not lied to a grand jury (like Bubba Clinton). So what acticle of impeachment would Mr. Bush be impeached??















"The subjects of [impeachment] jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself. The prosecution of them, for this reason, will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused. In many cases it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side or on the other; and in such cases there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.
















Q. What is the standard of proof at trial (in the Senate) of an impeachment?

A. "The standard of proof should be a high one, such as 'clear and convincing evidence'--the standard used in important, noncriminal cases.... Clear and convincing evidence is typically defined as `that measure or degree of proof which will produce in the mind of the trier of facts a firm belief or conviction as to the allegation sought to be established. It is intermediate, being more than a mere preponderance, but not to the extent of such certainty as is required beyond a reasonable doubt as in criminal cases." R. Rotunda, An Essay on the Constitutional Parameters of Federal Impeachment, 76 Ky. L.J. 707, 719 (1988).


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