BMX Bandit said:
an argument can be made for anything. arguing the 9th amendment is reason Trump gets to cross examine witnesses during impeachment is not an argument that gets you very far and one Trump's team is not going to ever make.
You're probably right, but
- the 9th amendment deals with rights not enumerated in the Constitution but are still "retained by the people".
(the reasons for this amendment are well described in the Federalist papers, but my understanding is the founding fathers knew they could not codify all rights, especially in unforeseen circumstances)
- an impeachment does not fall within the criminal justice system.
- an impeachment is not a grand jury, which is within the justice system no matter what bag of schiff claims.
- the founding fathers could not foresee an impeachment "investigation" taking place by the House of Representatives, looking for a crime, rather than as typically performed by law enforcement.
- since what is occurring is not covered by the 6th amendment, but the right of an accused to face their accuser is in fact "a right" then the logical extension is to demand the accused in this impeachment must have the right to face the accuser in person and interview the accuser and witnesses.
If bag of schiff contends Trump is guilty of high crimes and misdemeanors, state specifically what the crime is and put it to a vote before the House of Representatives.
Among the latter, under pretence of governing they have divided their nations into two classes, wolves and sheep.”
Thomas Jefferson, Letter to Edward Carrington, January 16, 1787