The BS premise for democrats impeaching President Trump a second time was basically that he violated his oath of office to uphold the Constitution. It should come as no surprise that not only didn’t he betray his oath but also that democrats violated the Constitution 6 times to ram through this bogus impeachment. Somehow I doubt they will impeach themselves 6 times for this because that’s how being full of shit works.
Harvard Law professor Alan Dershowitz is definitely a left-leaner but he’s also a stickler for the Constitution. He’s no fan of Donald Trump by any stretch of the imagination but he doesn’t turn his back on the rule of law like everyone else has due to their psychotic hatred for the President. In a piece for The Hill, Dershowitz noted that the democratic-controlled House, “violated six separate provisions of the Constitution” in impeaching President Trump.
First, it violated the First Amendment, which prohibits the government from abridging free speech. By impeaching Trump for free speech that was protected by the unanimous Supreme Court decision in the case of Brandenburg versus Ohio, the First Amendment was violated.
The articles of impeachment quoted Trump as saying, “If you don’t fight like hell you’re not going to have a country anymore” as the words that incited a bunch of leftists to storm the Capitol. They however left out the part where he also said, “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”
Second, the House violated the substantive impeachment criteria in the Constitution, which limits impeachment to “treason, bribery, or other high crimes and misdemeanors.” It cannot be a high crime or misdemeanor for a president to deliver remarks protected by the Constitution. If Congress can pass no law abridging free speech, then it certainly cannot pass one impeachment resolution abridging free speech of a president.
Since when do democrats give a shit about the constitutionality of the things they pass? If they did, we would have never been victimized by the Clinton-era “assault weapons ban” or ObamaCare.
Third, it violated due process by giving the president and his legal team no opportunity to present a defense or to formally challenge the article of impeachment.
In the democrats’ defense, due process is only something afforded to other democrats.
Fourth, by trying to put Trump on trial in the Senate after he leaves office, the House violated the provision that allows Congress to remove a sitting president and, only if the Senate decides to remove him by a vote, could it add the sanction of future disbarment from running for office. Congress has no authority over any president once he leaves office. If Congress had the power to impeach a private citizen to prevent him from running in the future, it could claim jurisdiction over millions of Americans eligible to be candidates for president in 2024. This would be a dangerous reading of the Constitution that would allow the party in control of Congress to impeach a popular candidate and preclude him from running.
Don’t think for a second that this isn’t part of the democrats’ endgame. This was a massive power grab and they want the ability to make it sure they never lose power again.
Fifth, if the Senate were to conduct a trial of a private citizen, including a former president, then it would violate both the spirit and the letter of the prohibition against bills of attainder. In Great Britain, Parliament had the authority to try kings, other officials, and private citizens. The Framers of the Constitution rejected that power of Congress and also limited its trial jurisdiction to impeaching government officials only while they served in office and could be removed. To conduct a show trial of a past president would be in violation of the prohibition against bills of attainder.
What part of “they don’t ever want to lose power again” don’t you understand, homie?
Sixth, Congress voted in favor of a resolution calling on Vice President Mike Pence to violate the 25th Amendment of the Constitution by falsely declaring that Trump is unable to continue to perform his duties. It is clear that the Framers of the 25th Amendment had intended it to apply only to presidents disrupted by physical illnesses, such as a stroke, or by obvious mental incapacity, such as advanced Alzheimers, or by being unconscious after having been shot. To call on the vice president to improperly invoke the 25th Amendment was to act in violation of the Constitution.
I have a feeling the new democrat dictatorship plans on getting rid of all kinds of bothersome amendments to maintain their stranglehold on power.
In impeaching President Trump for a second time, democrats claimed they were reestablishing the rule of law and then, unironically but very hypocritically violated the rule of law 6 times. I honestly can’t think of a better way to describe what it means to be a democrat.