Name:   MAJ USA RET - Subject:   A Kangaroo Court Date:   7/22/2022 9:55:46 AM (updated 7/22/2022 9:59:00 AM)

“Hearsay is a statement that is made by a person outside the courtroom and, therefore, not subject to being questioned or challenged through cross-examination by the accused or his lawyer.” ^(a)

The House January 6^th Hearing featured hearsay.

“…the problem that the defense [attorney] really faces is that he can’t cross-examine witness.” ^(a)

No opportunity was afforded by the panel of the House January 6^th Hearing, for anyone representing the former president (Trump) to cross examine the hearsay testimony OR the actual witness.

“Why is cross-examination so important? Because the jury is then able to carefully observe the demeanor of the witness as his version of the facts is being challenged through a rigorous cross-examination. The jury is better able to judge whether the witness is lying (which witnesses do sometimes) or telling the truth. As the U.S. Supreme Court put it Pointer v. Texas (1965)”. ^(a)

“It cannot seriously be doubted… that the right of cross-examination is included in the right of an accused in a criminal case to confront the witnesses against him. And probably no one, certainly no one experienced in the trial of lawsuits, would deny the value of cross-examination in exposing falsehood and bringing out the truth in the trial of a criminal case…. The fact that this right appears in the Sixth Amendment of our Bill of Rights reflects the belief of the Framers of those liberties and safeguards that confrontation was a fundamental right essential to a fair trial in a criminal prosecution.” ^(a)

Because this is a public, kangaroo, special hearing - it is a political/propaganda attempt to co-opt the public into being a jury and rendering the politically preferred outcome at the polls. There was no cross examination of the witnesses.

“The Due Process Clause of the Fourteenth Amendment guarantees every litigant the right “to present his case and have its merits fairly judged.” -and – “Consistent with the provisions of this part, a participant has the right to present such evidence, including rebuttal evidence, to make such objections and arguments, and to conduct such cross-examination, as may be necessary to assure true and full disclosure of the facts.” ^(b)

No opportunity was afforded, by the panel of the House January 6^th Hearing, for anyone representing the former president (Trump) to present evidence or witnesses on behalf of the accused.

THEREFORE: I wish someone would inform me of the intent and/or justification for the The House January 6^th Hearing.

(a) Hornberger, J. G., 2005, The Bill of Rights: The Rights of the Accused, https://www.fff.org/explore-freedom/article/bill-rights-rights-accused/

(b) 18 CFR § 385.505 - Right of participants to present evidence (Rule 505). https://www.law.cornell.edu/cfr/text/18/385.505