Search This Blog

De Omnibus Dubitandum - Lux Veritas

Showing posts with label Impeachment II. Show all posts
Showing posts with label Impeachment II. Show all posts

Sunday, February 21, 2021

The Racist Origins of President Trump's Impeachment

February 21, 2021 @ Sultan Knish Blog 

“We are not in favor of giving a vote to the negro, because we believe that he is not fit to enjoy that right,” Senator Allen G. Thurman once said.

These days, even while Democrats topple the statues of Abraham Lincoln and Ulysses S. Grant, two men that Thurman hated, the old dead racist has become the basis for the unconstitutional Democrat campaign to impeach President Trump after leaving office.

Thurman, who was picked by the Democrats as their nominee for Vice President, had played a major role in the sole case of the Senate deciding to impeach a public official after leaving office. The Democrat case for impeaching President Trump rests on that one case.

And on Thurman.

Legal partisans have spent weeks debating whether President Trump can be impeached after leaving office. Every single one of these analyses is heavy on rhetoric and light on precedent.

There’s a very good reason for that.

Impeachment exists to remove officials who are in office. The brilliant legal scholars who argue otherwise might want to put down their law books and check a dictionary. Impeachment shares its origin with the more commonplace word, ‘impede’. The whole point of impeachment is to impede public officials from holding office by using legislators as investigators and courts.

The post-office impeachment arguments remind me of the movie, Gus, where a mule is allowed to play professional football because the referee can’t find anything in the rule book that says the players can’t be mules. Every argument for impeaching President Trump comes down to the same position that mules can play football because the Constitution never says they can’t.

“It makes no sense whatsoever that the president or any official could commit heinous crimes against our country and then defeat our impeachment powers and avoid the vote on disqualification by simply resigning," Senator Schumer argued.

Like saying, “You can’t fire me, I quit”, that gets the same result.

The purpose of impeachment is removing an official from office. If he quits, then he’s removed. And if he committed “heinous crimes” then a court of law could try him for those offenses.

Democrats are obsessed with removing President Trump from an office he no longer holds, but their only precedent for that is the impeachment of Belknap, Grant’s Secretary of War, who was tried and acquitted by the Senate after leaving office.

“The Senate convened a trial, and voted, as a chamber, that Mr. Belknap could be tried ‘for acts done as Secretary of War, notwithstanding his resignation of said office.’ The language is crystal clear, without any ambiguity,” Schumer blotivated. “The history and precedent is clear: the Senate has the power to try former officials.”

Schumer is quoting a resolution by Senator Allen Thurman, who opposed President Lincoln’s emancipation proclamation and campaigned against allowing black people to vote. But that’s just the old Democrat habit of refighting the Civil War on the side of the Confederacy. Even while accusing President Trump of sedition, the Democrat cause is wedded to sedition.

The Democrat precedent for impeaching President Trump is a resolution put forward by a Senate Democrat who had opposed the Grant administration because he was a violent racist. Senator Thurman had previously delivered a speech to the Democratic State Convention in West Virginia declaring that Republicans wanted "to put the heel of the negro upon the neck of the white man" with the 14th Amendment.

That’s the Constitutional scholar on whose resolution the Democrat impeachment crusade rests.

If Schumer and the Democrats are going to use Thurman’s resolution as a constitutional precedent, making him the arbiter of what the Framers thought, then they must share his opinion of the 14th Amendment and allowing black people to vote. That would be consistent.

Eight years before the impeachment of Belknap, Thurman was warning that there would be another civil war, leading to "a war of races in the South and the extermination of the negro".

Thurman went on to argue that black people were inferior, couldn’t be allowed to vote, and that they were little more than brutes who would be killed if they kept demanding equal rights.

This is the author of the Democrat precedent for trying President Trump after leaving office.

Senator Thurman’s opposition to President Grant and attempts to smear his administration had everything to do with his racism and support for the Confederacy, rather than the rule of law.

The sole Democrat precedent for post-office impeachment comes from a racist who was threatening the country with a second civil war, and the extermination of black people, and was waging a political war against President Grant because he had defeated the Confederacy.

It’s not just Schumer. The Belknap trial and the Thurman resolution have been widely quoted.

Every time the media trots out a legal expert to explain why President Trump can be impeached, he turns to the Belknap trial and the Thurman resolution as if they were the Constitution.

The legal experts, like Schumer, don’t discuss how the Belknap trial concluded.

There were only enough votes to impeach Secretary of War Belknap in the first place because legislators argued that Belknap had resigned to avoid impeachment. But the Senate acquitted Belknap because its members believed that a former official couldn’t actually be impeached.

Impeachment failed because 23 senators voted, “not guilty for want of jurisdiction.”

Not only did the Belknap trial fail because Schumer was wrong, but the entire premise doesn’t even apply. Had Belknap’s term naturally expired, there would have been no impeachment.

It was only because Belknap had so blatantly resigned to avoid impeachment that his behavior was so provocative that he was illegally impeached to avoid creating a bad example.

When your only real precedent for trying a former president in American history is one case from 1876 of a cabinet official that was highly controversial at the time and ultimately failed, you’re gonna need a whole lot more precedents to actually impeach a former president.

Especially when your only real basis for it is a resolution by a Democrat racist seditionist.

Impeaching elected officials can be political theater or serve a legitimate purpose. Impeaching former officials is never anything except political theater. That’s true of the campaign to paint the Grant administration as corrupt which helped pave the way for a Democrat revival by smearing a generation of Republican officials associated with the Grant administration as crooked thieves.

The ultimate goal of that plot was the restoration of Democrat power and of segregation.

Democrats failed to make their case in actual courts, but holding hearings and an absurd impeachment tainted President Grant and Republicans in the eyes of the American public. Grant would labor, even while dying of cancer, to finish his memoirs, provide for his family and redeem his reputation from the Democrat smear campaigns of Grant Derangement Syndrome.

That’s the playbook that Democrats are following in their campaign against President Trump.

If the Democrats believe that President Trump is actually guilty of committing the crimes for which the Constitution says that can be impeached, "treason, bribery, or other high crimes and misdemeanors", then why not bring them into a court of law?

Democrats and their legal hounds have generated numerous investigations. New York has been drowning in blood while Attorney General Letitia James and Manhattan DA Cyrus Vance have spent their time inventing new Trump investigations. And those haven’t fared very well.

The US Attorney’s office in Manhattan is done with the “Individual-1” investigation that Democrats had been claiming would “lock up” President Trump. But surely if the Democrats claim to have evidence of “high crimes and misdemeanors”, their allies in the FBI and among federal prosecutors would be happy to see them. Why settle for a mere impeachment and disqualification when the Democrats could finally fulfill their dream of seeing him behind bars?

Especially when they’re almost certain to lose their latest impeachment again in the Senate.

Instead, the Democrats claim that they have evidence of “high crimes and misdemeanors”, but clearly don’t expect these “high crimes and misdemeanors” to be actionable in an actual court.

Courts try people for actual crimes. Impeachments are political proceedings.

Every single presidential impeachment in our history was a political proceeding. The proliferation of impeachments and attempted impeachments in recent American history is a symptom of partisan abuse of legislative powers, not of higher ethical standards.

The Framers of the Constitution wanted impeachment to be taken seriously.

Impeachment was meant to keep the government clean, instead the government is hopelessly dirty, and impeachment has become a tool for making it even dirtier and keeping it dirty.

The Democrats are turning America into Venezuela, endlessly borrowing and spending money that doesn’t exist, while keeping the streets full of soldiers, and using security powers against political opponents, while their Big Tech oligarchy suppresses opposition political speech.

Washington D.C. is full of razor wire and military checkpoints through impeachment. Impeachment may be doomed, but it provides another justification for extending a manufactured state of emergency. And if any violence does take place, that will extend the D.C. occupation.

Even Chief Justice Roberts, no friend of the Trump administration, has refused to preside over what he clearly doesn’t think is a legal presidential impeachment process. The same Democrats who universally voted for an unconstitutional 25th Amendment coup couldn’t care less. When you’ve got troops in the streets and control over the government, the law is what you make of it.

Those are high crimes and misdemeanors. Maybe the impeachers should impeach themselves.






Daniel Greenfield is a Shillman Journalism Fellow at the David Horowitz Freedom Center. This article previously appeared at the Center's Front Page Magazine.

Click here to subscribe to my articles. 

Thank you for reading.
Tags: , ,
Author Image

About Daniel Greenfield
Daniel Greenfield is a journalist investigating Islamic terrorism and the Left. He is a Shillman Journalism Fellow at the David Horowitz Freedom Center

Wednesday, February 17, 2021

The 2022 Pandora’s Box Has Been Opened

Has Donald Trump become Orwell’s Emmanuel Goldstein? 

The acquittal of President Trump was seen as a foregone conclusion; it has so far been left to the realms of imagination, however, what comes next. It is clear that senior Democrats are not yet done with the 45th president; from Nancy Pelosi’s rage at how little impact censure would have, to CNN running a litany of other possible “high crimes” on its front page, America’s left is not finished with Donald Trump. But does the continued messaging show that those who prefer partisan punishment over the much-touted message of unity are creating a rod for their own collective back?

Senator Lindsey Graham (R-SC), warned:

“We’ve opened Pandora’s Box to future presidents. And if you use this model, I don’t know how Kamala Harris doesn’t get impeached if the Republicans take over the House.”

Sen. Lindsey Graham

Speaking to Fox News’ Chris Wallace, Graham was perhaps being flippant while at the same time making a point about the partisan nature of this latest impeachment effort. The senator said that “Donald Trump is the most vibrant member of the Republican Party,” and that “the Trump movement is alive and well.” Could it be this thinly veiled threat that is inspiring Democrats to continue their pursuit of the former president?

A Manufactured Villain?

In George Orwell’s prescient novel, 1984, the party of Big Brother controlled the population of Airstrip One with fear. Not just fear of the interchangeable Eastasia and Eurasia, but of an enemy within: Emmanuel Goldstein.

Goldstein and his Brotherhood are hell-bent on destroying the “security” and the way of life that keeps Oceanians “safe.” He is the object of the Two-Minute Hate and of propaganda papers, and he must be stopped at all costs, regardless of the liberties restricted along the way.

Donald Trump is fast becoming a phantom for Democrats to hunt. He is used to spark the fear that he and his “Brotherhood” will sweep back in and destroy all that has been built. But this version of Trump is as much a myth as Emmanuel Goldstein … and that is perhaps the point. In the novel, the character O’Brien responds to Winston Smith’s question about whether this supposed monster actually exists, saying:

“That, Winston, you will never know. If we choose to set you free when we have finished with you, and if you live to be ninety years old, still you will never learn whether the answer to that question is Yes or No. As long as you live it will be an unsolved riddle in your mind.”

And now it seems that certain Republicans are willing to play the same mind games.

Fear or Fate?

In much the same way that many on the political left have demonized the former president, members of the GOP may be hoping to use paranoia and fear to wrong-step Democrats before the 2022 midterms.

Barack Obama speechwriter Jon Favreau was quick to respond to Graham’s analysis, tweeting:

“Graham is correct about the stakes of the 2022 midterms:

If Republicans take Congress, they could not only impeach Biden and/or Harris (though unlikely they’d have the votes to convict), they could potentially succeed in overturning the results of the 2024 election.”

Already, politicians are sweating the losses that come all too often for the majority party in midterm elections. Republicans are perhaps hoping that Democrat efforts at 2022 re-elections are squandered in trying to fight a resurgence of Donald Trump, rather than focusing on local campaigning.

According to USA Today, “The DNC is set to announce the creation Tuesday of a ‘Trump Legacy Project,’ a joint effort from the party’s research and rapid response teams to provide information about Trump’s presidency to candidates, political consultants, and journalists involved in the 2022 cycle of congressional and gubernatorial elections.”

Politicians of all stripes do better when they have an enemy, real or imagined. They can fundraise, issue fiery rhetoric, and most importantly, rally their base. But what happens if a party spends two years fighting a mirage? Perhaps Republicans have taken the words of the Chinese military strategist Sun Tzu to heart, who wrote in The Art of War, “Engage people with what they expect; it is what they are able to discern and confirms their projections. It settles them into predictable patterns of response, occupying their minds while you wait for the extraordinary moment — that which they cannot anticipate.”

Read more from Mark Angelides.

Monday, February 15, 2021

GOP Senator Censured by State Party Hours After Impeachment Vote

Bronson Stocking  Bronson Stocking | @BronsonStocking Feb 13, 2021

 Louisiana Republicans aren't happy with their state's senior senator. On Saturday, the Senate voted to acquit private citizen Donald Trump on the impeachment charge of inciting the Jan. 6 Capitol riot. But seven Republican senators broke ranks and voted to convict. Within hours, the Louisiana Republican Party officially censured the state's senior senator, Bill Cassidy (R-LA), for his vote to convict the former president. 

"The Executive Committee of the Republican Party of Lousiana has unanimously voted to censure Sen. Bill Cassidy for his vote cast earlier today to convict former President Donald J. Trump on the impeachment charge," the state party announced in a press release. 

And just a couple of hours before the official censure, the state GOP condemned Cassidy's pro-impeachment vote "in the strongest possible terms." ............To Read More.....

 

Commentary: A Monsoon of Manure

By J. Peder Zane @ RealClearPolitics

 https://assets.realclear.com/images/53/534993_6_.jpg

I refuse to watch the impeachment trial as a matter of principle. To devote any attention to this charade would legitimize the corruption of our Constitution. Tuning in would be a tacit acceptance of the blizzard of BS that has buried the national discourse. At least since Donald Trump’s election in 2016, Democrats and their media allies have demanded that we view their smears and lies as high-minded pursuits of the truth. Consider:

  • When they insisted that Trump was a Russian asset, we were told to believe they were safeguarding national security.
  • When they accused Brett Kavanaugh of sexual assault and even gang rape, we were told to believe they were protecting the Supreme Court.
  • When in 2019 they made Trump only the third president in history to be impeached – and the only one not accused of committing a high crime or misdemeanor – we were told to believe they were defending the rule of law.
  • When scores of BLM protests turned violent last summer, they told us to believe that the gatherings were mostly peaceful.
  • When antifa thugs destroyed property, beat citizens and occupied public lands, they told us to believe that the group didn’t even exist.
  • When some undefined, unaffiliated people online appeared to subscribe to crazy conspiracy theories involving Satan and pedophiles, they told us to believe it was a vast and highly organized group called QAnon that was intent on overthrowing the government.
  • When they argued that “whiteness” and “white privilege” are the underlying source of America’s problems, they told us to believe they were trying to heal the nation.
  • When they censored allegations of the Biden family’s corruption, they told us to believe they were fighting disinformation.
  • When they allowed Twitter mobs to destroy people who had once said something they didn’t agree with or like, they told us to believe that they were seeking justice.
  • And, when they demonize and silence the tens of millions of people who oppose their quest for domination, they tell us to believe they are seeking unity.

Those are just 10 examples; there are scores of others. From their position of power in Washington, Hollywood, Silicon Valley and academia, progressives continually manufacture false narratives that insult reason and decency and demand that we accept them as virtuous.

They are a most dangerous type – unserious people who are deadly serious. I refuse to submit.

J. Peder Zane is an editor for RealClearInvestigations and a columnist for RealClearPolitics.

 

Sunday, February 14, 2021

Trump’s Hundreds Of Miles Away Victory Against The Democrats

Some words can never be taken back—no matter how vigorously deranged and depraved Democrats might try

By —— Bio and Archives--February 12, 2021

Cover Story | 55 Comments | Reader Friendly | Subscribe | Email Us

Even hundreds of miles away from Washington and the National Guard occupied White House, President Donald J. Trump yesterday scored a gargantuan victory on unhinged, impeachment-obsessed Democrats.

Just as cruel regimes the world over like to torture their political victims, the Democrats are trying to cram their own words down the president’s throat before letting up on their attempted criminalization of what in reality is, a vastly admired and still much beloved president.

Democrat Rep.Ted Lieu,  let a snarling cat out of the bag at yesterday’s Trump Impeachment ‘Trial".  A Hollywood movie reality taking place this week before our very eyes.

Democrat Rep.Ted Lieu, serving his 3rd term as California’s 33rd Congressional District since 2015,  let a snarling cat out of the bag at yesterday’s Trump Impeachment ‘Trial’:

“On Thursday during the impeachment trial Lieu said “the National Guard troops in full body armor still patrol outside” because President Trump hasn’t said the words “the election was not stolen.” (Gateway Pundit,  Feb. 11, 2021)

“He does not say the one sentence that will stop future political violence. “The election was not stolen”.

This in the face of the Democrats having done NOTHING to try to stop the violence of Antifa and BLM in Democrat-controlled cities all of last summer!................... This is what the take-no-prisoners-styled Steve Bannon had to say about Lieu’s Russia-China like diktat. 

“Sir, you are a liar.   If that is the truth, then you have lied about why the troops are there. This is state power for crass political reasons to go against the Constitution of the United States.  Sir, let me make sure you understand something. Ted Lieu and Nancy Pelosi and Joe Biden and every distributor and Twitter and all of it: 

  • We will never concede
  • We will never say this election was not stolen.
  • We will never ever ever ever concede. 

 Do you understand that? And you know why? Because you stole this election and you bragged about it on the cover of TIME magazine.”

To Read More.....

 

The Truth Don’t Matter

To the progressive, liberal, secular, socialist, Democrat elites, the simple fact is that truth doesn’t matter 

By —— Bio and Archives--February 11, 2021

Cover Story | 2 Comments | Reader Friendly | Subscribe | Email Us

 


Of all the weird things that have happened during the never ending season of hate, over the last couple of decades, is our culture’s tolerance for out and out lies.  Lies have become the norm because truth and facts just don’t matter anymore.  Politicians lie on the record. (I guess that’s not news.) The media knowingly lies to support whatever their agenda of the day happens to be.  The destruction of the fabric of our culture and our very society is the result of the lies perpetrated by the progressive, liberal, secular, Socialist Democrats elitists (SDe), their surrogates in the various media, and those that bankroll them.

Useful Idiots, Climate Change, Black Lives Matters

The truth is that there is no such thing as a socialist or communist utopia.  No one can point to a successful socialist or communist country anywhere in the world that isn’t run by a tyrannical, elitist, governing class.  The idea of a socialist or communist utopia is a bald faced lie, and this dangerous lie has been sold 100 % to the young American useful idiots by other useful idiots in the out of control education system.  These useful idiots need to try living in one of these socialist or communist utopian countries for three years as a working stiff.  Maybe, just maybe, real education would then take place.

Then there is the case of human caused climate change.  Since the 1970s, the SDe have been using “junk science” to sell a theory that first, climate cooling, then climate warming, and now climate change is human caused. I can safely use the term “junk science” because many of these “scientists” were exposed and have admitted they lied and simply made up data to support the lie of their theory.  Even after the liars were exposed, the SDe are still successfully selling the climate change lie to the useful idiots.........To Read More....

 

Video of the Day: Impeachment Clown Show

Saturday, February 13, 2021

Presidential Impeachment and US Equity Markets

Peter C. Earle Peter C. Earle – February 10, 2021 
 
A fairly broad array of academic studies finds a connection between political stability and economic growth. As the setters and overseers of the rules of the game, elected and appointed government officials have a direct impact upon fiscal, monetary, and regulatory policy. If those policies are consistent over time and thus predictable, firms can budget and plan — which in turn sets the stage for economic growth. 

Compared with other nations, the United States has a fairly consistent record of political stability, with a few brief exceptions: the American Civil War, in particular. (Even during the War of 1812, during a foreign invasion, political rule remained essentially intact.) The United States has also experienced little unforeseen presidential turnover, with a single resignation and a few impeachments. One might argue that presidential impeachments are the closest the United States ever comes to true political uncertainty. 

We likely need not ask whether impeachment proceedings affect the financial markets; rather, we need to determine how impeachments affect the financial markets. ...........To Read More.....

 

Friday, February 12, 2021

Chief Justice Roberts is paving the way for Trump to claim his trial is unconstitutional

By Gregory Mark, opinion contributor 

During my second year of law school at the University of Chicago, the constitutional law final included a question dealing with the hypothetical impeachment and trial of a president — where the chief justice did not preside over the trial. After the exam, I told a classmate the situation seemed so absurd and implausible that it would never happen. 

I was wrong. More than 30 years later, the Senate is set to try former President Trump and Chief Justice John Roberts will not preside over the trial. Instead, Sen. Patrick Leahy (D-Vt.), president pro tempore of the Senate, an elected official and a member of the judiciary, oversees the hearing. This is deeply troubling.

The Constitution calls for the chief justice to preside over an impeachment trial. By stepping aside, Roberts not only is failing to meet his duty, but his actions bring an air of illegitimacy to the trial. 

Impeachments are designed to bring the entire government together for a nonpartisan affair. If Trump is convicted, he would be ineligible to hold federal office. Without the presence of the chief justice, and if there is a conviction, Trump can argue the ruling was unconstitutional because the rules according to the Constitution were not followed.............To Read More.....

Murkowski: 'The Evidence That Has Been Presented Thus Far Is Pretty Damning'

 By Susan Jones | February 11, 2021

 Watching videotapes of a mob storming the U.S. Capitol made Sen. Murkowski "angry," "disturbed" and "sad," she told reporters at the Capitol on Wednesday.

Asked if the attack was "completely Donald Trump's doing," Murkowski said, "I think that -- that the House managers are making a very strong case for a timeline that laid out very clearly -- with the words that were used, when he used them, how he used them -- to really build the -- the anger, the violence that we saw here in this Capitol.".........To Read More..... 

My Take - The only thing that can be gleaned from this article is she's a member of the Club For the Galacticly Stupid.

 

Dems' fighting words! Trumpers expose impeachment managers

'We must fight like hell'

 

Dems’ Next Plot Against Trump If Senate impeachment trial fails

Feb 11, 2021 Joseph Klein

With the Senate impeachment trial underway that is virtually certain to end in acquittal, the Democrats are already planning their next move against Donald Trump. They are looking to use an obscure clause in the Fourteenth Amendment of the Constitution, written in the aftermath of the Civil War and aimed at disqualifying ex-Confederate rebels from public office, to bar Trump from holding any future public office. Section 3 of the Fourteenth Amendment allows for the disqualification of individuals from holding federal or state office who both previously (1) took an oath to support the U.S. Constitution as a federal or state government legislator or officer, and (2) then “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

The Democrats leading the charge on the Fourteenth Amendment gambit include Senators Tim Kaine of Virginia, Sheldon Whitehouse of Rhode Island, and Dick Durbin of Illinois, along with Representatives Debbie Wasserman Schultz of Florida and Steve Cohen of Tennessee. They are being advised by leftist academics who believe that Congress has the unilateral power to pass a joint resolution invoking the Fourteenth Amendment’s disqualification provision against Trump. As far as the Trump-haters are concerned, it is perfectly all right to put aside due process and fundamental fairness, so long as Trump is barred from holding public office ever again.

The Democrats’ unconstitutional Senate show trial is bad enough. The House’s lead impeachment manager has even gone so far as to suggest that Trump’s refusal to testify be used as an inference of guilt – precisely the opposite of the presumption of innocence and the Fifth Amendment’s protection against self-incrimination. But even that is not enough for the Trump-haters. Assuming the likely outcome of acquittal in the Senate impeachment trial on the incitement of insurrection charge, the Democrats want to further upend the Constitution by taking another bite at the apple. This time they want to do so by majority vote of both Democrat-controlled chambers under a perverted reading of the Fourteenth Amendment. They have one insurmountable problem. The Constitution includes a specific provision prohibiting bills of attainder (Article I, Section 9, paragraph 3).........To Read More.....

 

5 Times Joe Biden Openly Urged Violence Against Political Opponents

11, 2021 By

The Senate moved forward with day three of its second pointless impeachment trial Thursday, pursuing the conviction of a president already out of office over alleged “incitement of insurrection” regarding the attacks on the U.S. Capitol building in early January.

House Democrats passed the snap impeachment within a week of the riot, without one hearing or one witness, charging then-President Donald Trump with provoking the mob of his supporters to storm the Capitol building with a speech that encouraged them to protest peacefully. Despite the horde of his supporters beginning their assault before the president had even finished his speech, Democrats declared Trump was solely responsible anyway and have now kept the Senate’s top priority on punishing an ousted president as the nation faces crises on several fronts..........To Read More....

Pollak: 9 Takeaways from the Impeachment Trial, Part One

Joel B. Pollak

The Democrats then made their case over the next two days. Here are the main points — the highlights, and the lowlights — thus far.

  1. Democrats cannot prove incitement..... 
  2.  Democrats claim Trump planned the Capitol riot...... 
  3. Some of the evidence is fraudulent...... 
  4. House managers smeared Trump supporters...... 
  5.  House managers portrayed criticism of the election as incitement...... 
  6. No reckoning with hypocrisy...... 
  7. Fang Fang’s congressman made an appearance....... 
  8. Trump’s lawyers were unprepared...... 
  9. Republicans weren’t buying it......
To Read More......

Wednesday, February 10, 2021

Impeachment II: Vicious Leftist Corruption and Insanity

Rational Db8,  February 9, 2021

I've been watching or listening to much of the first day of the Senate impeachment trial of Donald Trump. This first day was, as I understand it, supposed to be about whether the Senate actually has jurisdiction to try a former president, or if doing so would be unconstitutional. The day began with an allotted two hours for the Democrat impeachment managers to lay out their argument, followed by the same for Trump's lawyers.

I have to say that the Democrat impeachment manager's approach was disgraceful, and downright dishonest time and again. It was mainly one massive appeal to emotion (a logical fallacy, that is, an argument tactic that is false from the get-go but hopes to win simply because it tugs on one's heart strings to elicit empathy/sympathy). 

They began with a 20 minute video compilation of the protests and riot at the Capitol on the 6th, which of course was horrifying to everyone - both on the right and the left - but has nothing to do with either the question of Senate jurisdiction for this trial or even anything to do with whether Trump was in any way responsible for creating it. 

The entire presentation after that was heavily dramatized, one emotional breathless statement after another - all just as irrelevant to the issue of jurisdiction and for the most part even to the issue of whether Trump had anything to do with "inciting insurrection."

Raskin, the lead Impeachment Manager, even worked himself up to the point of a quavery voice, seeming to hold back tears (more than once! And I'll bet anything it was entirely fake), using the idiocracy of "gee, I even told my family that going with me that day would be safe, but we wound up fearing for our lives, and 'gasp' (chokes back crocodile tears again) my daughter wound up saying she never wanted to go back to the Capitol again!  Oh, the horrors!!

Raskin even had the unmitigated gall to use his son's own suicide (entirely unrelated to this issue!) in his appeal to emotion. It's disgusting. Even if what he was saying was true and heartfelt (highly doubtful), it's got nothing to do with whether the Senate has jurisdiction to impeach a former president, or even with whether Trump was in any way responsible for the rioting. It's just attempted guilt by association - "this horrible thing happened, we must have someone, anyone, to blame, let's blame the guy we hate, Trump!"

Beyond that, they blatantly lied multiple times, lying both directly and by omission, did a ton of psychological projection, twisted people's words and took them grossly out of context, etc. all so they could then build factual sounding but grossly false conclusions out of their construct. They even cited Jonathon Turley (leftist/liberal constitutional scholar) multiple times, claiming that he supposedly very recently believed it was constitutional to impeach after someone is out of office, and only changed his tune in the last few weeks. They even displayed some of Turley's writings with highlighted portions. All while failing to tell people that those excerpts were from two or three decades ago, and that in the interim with more experience and research, Turley decided that in fact trying a former official is clearly not constitutional at all - and that he has shown why quite clearly multiple times.

Oh, and ironically, the Democrat impeachment managers even b*tched that Trump is saying he shouldn't be referred to as President, and that he must be referred to as President Trump... only to turn right around and claim that there's no problem with Chief Justice Roberts of the Supreme Court not presiding over the trial, because, gee, the Constitution says that the Supreme Court Chief Justice only presides over presidents - and that there's only one president at a time, and that's Biden. So, magically, according to the Democrats, Trump is actually 'Schrodinger Trump' - both President and not-President at the same time.

It would all be pathetically laughable, if this weren't so serious. This is nothing more than the highest level of our elected government, Congress - well, those on the left in Congress - in a nakedly partisan power grab and transparent attempt to falsely manipulate the system, abuse their power, and thus eliminate their biggest political opponent in 2024 - who they've tried time and again to perpetrate a soft coup on since literally before he even took office in 2020!!!

All at the expense of their actual duties; dealing with the pandemic, unemployment, the massive federal debt, and so on. You know, actually governing the nation. But hey, it's a great distraction to help avoid people noticing that Biden has no pandemic plan and it's Trump's work that got us the vaccines in record time - including distribution - that Biden is already flooding the nation with illegal aliens most of whom aren't even tested for coronavirus before being released into the nation, that he's already killing thousands of jobs, kow-towing to China, Iran and so on while ticking off our allies like Israel and Canada, driving energy prices higher, and all sorts of other actions which are clearly harmful to our nation.

Impeachment Trial Moves Ahead After 56 Senators Fail Civics 101

Trump’s attorneys fail to derail the Trump Derangement Train.

A day before the impeachment trial of former President Donald Trump gets underway in earnest, the Senate convened to hear debate on the constitutionality of trying a man who no longer holds public office. House impeachment managers – the prosecution – presented their case on Feb. 9 for the legitimacy of this trial, but Trump’s defense team dismantled that position, citing the constitutional flaw and the complete absence of due process for their client. They also presented the chamber with a stark warning about the implications for both future and past presidents and government officials.

Still, the trial will go ahead after an almost party-line vote, with six Republicans agreeing that the proceedings were constitutional.

Should I Stay or Should I Go?

It didn’t take long for lead manager Jamie Raskin (D-MD) to reveal a fundamental flaw in his case. He argued that, if a president can commit an impeachable offense during his final weeks in the White House and avoid a later Senate trial on the grounds that he is no longer in office, it creates a “January exception.” The implication is that a president would enjoy what Raskin described as “constitutional immunity” to commit crimes, knowing that he would avoid conviction in the Senate by virtue of his departure from public office.

Immediately following his “January exception” argument, though, Raskin clearly claimed that Trump’s motivation in stirring his supporters to violence was to remain in office by derailing the certification of the 2020 election result and, thus, the commencement of the transfer of power.

There can be no escaping a Senate impeachment trial if the president is still the president. Trump was either inciting insurrection, knowing that he would escape punishment by leaving office, or he was attempting to remain in office. Both things cannot be true simultaneously.

Wrong Side of History

The House impeachment managers made an admirable attempt to use precedent to argue that impeachment and conviction of a former public official were long-accepted practices.

The historical record is not on the Democrats’ side, however. Tennessee Senator William Blount was impeached in 1797. His Senate trial began in December 1798, and the charges against him were dismissed because Blount had already been expelled from Congress. Mark H. Delahay, a federal judge, was impeached in 1873. He resigned before his Senate trial, which was then canceled.

George English and Samuel Kent, both federal judges, were impeached in 1926 and 2009, respectively. Both resigned before the completion of their trials, and in both cases the proceedings were brought to a close prior to their conclusions.

If a precedent has ever been established, then, it is that the Senate does not pass judgement upon accused government officials who have left office.

Inconvenient Facts

The entire question of the constitutionality of putting a now-private citizen on trial is largely moot in the face of the facts. The real question is whether Trump committed the crime of which he is accused, namely, incitement of insurrection. The facts do not favor the accusation. Investigations into the events of Jan. 6 have uncovered a degree of pre-planning, which obviously negates the premise that Trump stirred the crowd to violent action with his speech.

Then there is the inconvenient timeline. Activists were already at the Capitol, tearing down barriers and moving to breach the building itself while the former president was still addressing his supporters some considerable distance away.

Finally, there is the even more inconvenient fact that left-wing activists, such as John Sullivan, who now faces several federal charges in connection with his involvement in the invasion of the Capitol building, are known to have been key instigators during the attack. No senator – or member of the public, for that matter – could possibly believe that these leftists were incited by Trump’s words.

The Perils of This Trial

For the 45th president, attorney Bruce Castor opened the defense’s case for canceling the trial. In a rambling, folksy speech that sounded more like an old man regaling his grandchildren with stories of his misspent youth, Castor waffled on about what great patriots senators are. It became clear that the attorney was attempting to appeal to the better natures of the elected women and men in the chamber, but his remarks did nothing to advance Trump’s case. It was almost a standup routine, minus the humor.

Castor’s colleague, David Schoen, recovered the fumble and headed for the end zone with a long presentation that meticulously dissected the argument that the Senate has the power to try a private citizen. Citing judges, acclaimed legal scholars, and state-level cases, Shoen asserted that, since the mandatory punishment for conviction in the Senate is removal from office, putting on trial an individual who cannot be removed from an office he or she no longer holds is entirely invalid.

Schoen dwelt at length on the lack of due process afforded Trump throughout the impeachment. He described how House Democrats expedited the operation from the start, eliminating the steps that would have allowed the former president his constitutional right to hear the evidence against him and to test that evidence through his defense team.

Equally concerning, the lawyer explained, is the fact that, due to a deliberate delay on the part of House Speaker Nancy Pelosi (D-CA) in transmitting the article of impeachment to the Senate, Trump – now no longer the sitting president – was denied his right to have the chief justice of the Supreme Court preside over his trial. Instead, Sen. Patrick Leahy (D-VT), as the president pro tempore of the Senate, will preside.

Leahy has always been a vocal critic of Trump who has made clear in public statements that he feels the Senate should convict. In addition, Leahy himself gets to vote alongside his fellow senators, making him, literally, both judge and jury.

Shoen pointed out that expanding the instrument of impeachment to include all former public officials regardless of how long ago they served in government could have a chilling effect. Someone serving in government today, the attorney explained, could find himself or herself impeached years in the future by a new Congress that decides some action taken by that official years earlier was somehow impeachable. As an example, Schoen suggested that Jimmy Carter could be impeached for his disastrous handling of the 1979 Iran hostage crisis.

Now that what was largely seen as a formality is over, the trial begins in earnest on Wednesday, Feb. 10. All that really remains to be seen now is whether the six Republican senators who voted to proceed will also vote to convict Trump, who will almost certainly not be convicted and not removed from the office he no longer holds.

Read more from Graham J. Noble.