Rep. Barry Loudermilk echoed a frequently used argument from House Republicans that President Trump has been denied his Sixth Amendment right “of the defendant to face his accuser.”
“The Sixth Amendment guarantees the right of the defendant to face their accusers,” Loudermilk claimed. “But not only have the Democrats prohibited Republicans and the President from questioning the so-called whistleblower, his identity has been kept secret.”
Facts First: Loudermilk is wrong, Trump does not have a constitutional right to face the whistleblower. The Sixth Amendment only applies to criminal prosecutions. The constitutional rights of criminal defendants do not apply to public officials in a House of Representatives impeachment process.
The amendment clearly defines what proceedings it covers. “In all criminal prosecutions,” it states at the beginning, going on to say that the accused has the right “to be confronted with the witnesses against him.”
Steve Vladeck, a Supreme Court analyst for CNN and professor at the University of Texas law school, says invoking the Sixth Amendment to suggest that Trump has the right to face the whistleblower “is so wrong as to be embarrassing.”