Friday, March 31, 2023

"Compulsory Process"

 

Of all the words in the U.S.Constitution that I like, the words "compulsory process" are the ones I like best.  They appear as part of the 6th Amendment:

Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

"Compulsory process" means that, at trial, the defense can subpoena witnesses and force them to testify.  Yes, the 5th amendment protects them from having to testify against themselves, but they can be asked questions like "What did Miss Jones say on that occasion?" and that question they must answer truthfully or risk felony prosecution for perjury.

This is the beast that Manhattan DA Alvin Bragg has now unleashed.  Do you think Trump's lawyers will put it to good use?  Does anyone think they will not?

Let the games begin.

 

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