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In reply to the discussion: Impeachment: Trump's son tweets name of alleged whistleblower [View all]The Velveteen Ocelot
(129,838 posts)I'm a retired lawyer who once taught constitutional law, so I know very well that they'd have to prove intent. My shorthand comment was intended only to point out that there seems to be quite a bit of evidence, from many statements made by Trump and various members of Congres that the GOPers' desire to disclose the whistleblower's name was for the purpose of discrediting and disparaging him. If that isn't retaliation I don't know what is.
BTW, the 4th Amendment has only to do with unreasonable searches and seizures; the 5th Amendment covers double jeopardy, the right to confront witnesses and due process, but doesn't address the standard of proof. Proof beyond a reasonable doubt has always been required in criminal cases under common law, but it wasn't until in re Winship in 1970 that the Supreme Court held that it is a constitutional requirement of due process.
