Right to Confrontation: The Latest Bogus Legal Argument over the ‘Whistleblower’

Sen. Rand Paul at a press conference on Capitol Hill, September 25, 2017. (File photo: Aaron P. Bernstein/Reuters)
Impeachment is neither a criminal trial nor a legal process, so the president does not have the constitutional right to confront his accuser.

NRPLUS MEMBER ARTICLE A s a constitutional lawyer, Rand Paul makes a good medical doctor.

I used to have occasion to say that in the Patriot Act debates, when the senator was wowing us with his Fourth Amendment theories. With impeachment upon us, he’s now onto the Sixth Amendment — specifically, the confrontation clause. It guarantees the right of cross-examination: In all criminal trials, the accused must be given the right to confront the accusers. Senator Paul has deduced that this must mean that the identity of the so-called whistleblower has to be revealed, lest President Trump be denied his constitutional rights.

Sigh.

Mind you, Senator Paul

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