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Tuesday, January 19, 2021

Stopping Trump from defending himself


As Congress plays its silly (and deadly) impeachment game of trying to remove President Donald John Trump after he leaves the presidency, law professor Jonathan Turley gave very bad legal advice.

In a blog post, he told Donald Trump not to defend himself. This is odd legal advice to just accept a default judgment of guilt.

Hmm.

Turley's post reinforces my call for our beloved president to fight the danged thing with all his might.

If Washington is this afraid of the president defending himself, then they know their case is awful.

And it is.

I have no doubt that a vigorous defense will be met with Republicans saying well, I was going to vote to acquit like last time, but he was rude and demanded a real trial. So what? Republicans senators plan to stab him on the way out anyway.

But he has no choice but to defend himself because he must lead by example. The dark winter begins tomorrow. We must be brave.

If the Light Brigade can ride into the Valley of Death, so can Donald Trump.
   Someone had blundered.
   Theirs not to make reply,
   Theirs not to reason why,
   Theirs but to do and die.
   Into the valley of Death
   Rode the six hundred.
As Navy SEALs say, embrace the suck.

This impeachment is unconstitutional, as was the first. The two elements of an impeachment are a criminal act and a defendant who is holding public office. The first impeachment lacked the former, this impeachment will at high noon tomorrow lack the latter.

Nevertheless, Turley and others believe Congress can damned well do as it pleases.

He wrote, "In fairness, people on both sides are struggling to deal with this novel impeachment."

There is no such thing as a novel impeachment. It is either constitutional or it is not. He is of the opinion that an impeachment, which is the removal of a public official, applies to former officials. If so, the House can impeach George Washington or even Barack Obama. The House can be like Mormons baptizing the dead.

I get that there is precedence for impeaching an official who resigned in the face of impeachment, but that doesn't make it right. The Supreme Court held for 58 years that separate-but-equal treatment of citizens is constitutional.

But this impeachment must be dealt with and Turley gave bad advice.

He wrote, "From a purely strategic perspective, I believe Trump may be wise to skip any trial.

"For a notorious counterpuncher, avoiding a fight might be the most difficult decision of all, particularly because he has obvious defenses. First, he was denied due process when the House held an unprecedented “snap impeachment” without a hearing or inquiry even though a trial likely would not occur immediately. Even a one-day hearing would have allowed evidence to be discussed as well as a formal request for a response.

"Second, the impeachment article is poorly crafted and poorly conceived, built around assertions that Trump’s Jan. 6 speech to supporters was an 'incitement to insurrection.' His speech raised potentially impeachable grounds; I condemned it as he gave it and opposed his challenge of electoral votes from the outset. But as I wrote previously, it would have been far better to censure him for it in a bipartisan, bicameral resolution."

After falsely stating an impeachment needs no crime (the Constitution clearly states impeachments are for "treason, bribery, or other high crimes and misdemeanors") Turley then stated, "Despite the strength of such defenses, the president must first decide whether he wants to sit for trial at all. He can legitimately argue that a private citizen cannot be impeached and that the Senate cannot remove a person from office who has already left."

Turley's argument for not defending himself is based on another constitutional ignorance.

He wrote, "If the Senate were to convict, he would have standing to challenge any disqualification from future federal offices. He could well prevail, and the Senate would have created a precedent against itself: history’s first judicial reversal of an impeachment verdict."

Impeachments cannot be appealed.

Like presidential pardons, once the Senate acts, that is it.

Surely a law professor should know that impeachments need a criminal allegation and a current officeholder, and a conviction cannot be appealed.

Turley has sided with The Donald in the past, but, over time, anyone in Washington turns into a swamp critter.

Duty calls. If the Senate takes up this impeachment, the president must offer the most vigorous defense this nation has ever seen because once they do this to him, no one is safe.

48 comments:

  1. Lawyers are for countries with the Rule of Law, not this one.

    Pelosi staged those Antifa in MAGA hats for this Reichstag Congress-trap. Discovery should be fun!

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    Replies
    1. Laws and lawyers are for countries with a moral population and a sense of right and wrong.

      Delete
  2. Democrats believe in a "living" Constitution and dead voters. Rules don't apply

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    Replies
    1. Liberals believe in a 'living' Constitution so they can abort it. In this case, a post birth abortion.

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  3. Big D, your post relies on two fundamentally flawed premises:

    1) The Constitution still has value.
    2) The rule of law still holds.

    To today’s LibCommie, neither of those are true, EXCEPT when they can be used to beat their opponents into submission. So, playing by those rules, I will be lobbying my state reps at whatever point Joe Mama’s spending bill is formally proposed to begin proceedings for secession. West Virginia tax dollars are gonna be used to rebuild cities in other states where the destruction was not perpetrated by West Virginia residents. That’s enough grounds for me.

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  4. Turley is one of those law professors who study the tea leaves and chicken innards to come up with new and previously untried legal theories. They appear to believe that when it comes to the Constitution "that which is not forbidden is allowed".

    Justice for Ashli Babbitt!

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    1. You ought to be running law schools and the DOJ. Great comment.

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  5. because once they do this to him, no one is safe.

    Actually no one has been safe since the euphemistically named Patriot Act was passed. All they have to do is call you a terrorist and your civil rights are gone forever.

    And gee guess who wrote the first version of the Patriot Act in 1995? That would be Biden who thought it could be passed once Oklahoma City was bombed in what really looked like a false flag to residents and witnesses of that event.

    What's happening now is not new its just accelerating. But it must get worse before it gets better. Until people wake up and see the light nothing will change.

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  6. And about all the troops in DC today. They knew virtually nobody was going to the inauguration, so they are just making sure nobody can go.

    Perception is reality to these crooks.

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  7. If Trump defends himself, they must show the incitement to insurrection, which would require detailed exposure of those who did the real damage in the Capitol and that might not fit their narrative. Yes, Trump supporters foolishly entered the Capitol, but who were those who breached first, who are those in the iconic images, etc.

    Plus, a trial with a defense, would put Biden on hold the Senate finished the trial. Biden should have prevailed on Mad Nancy.

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    1. yelling "FIRE" in a movie theater when there is none is still inciting a riot. Since the Legislative branch turned their backs on the evidence and refused to entertain election malfeasance that leaves the condition from a legal standpoint, NO "PROOF" of fraud. With no proof of fraud, the top elected official has to abide by the Legislative Branches decision! NO fraud. You can't STATE the election was stolen because it might incite a riot. The evidence ship has sailed.

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    2. I'm not sure you're not putting the tailgate before the tail. The venue for the legislative branch to consider evidence of election fraud is the session where they consider certifying the electoral college results, which had not yet been completed when the President gave his remarks.
      And also, the President encouraged his supporters to Peacefully protest, which I'm pretty sure is the opposite of inviting violence. So, frankly, you're wrong.

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  8. If it can keep the senate bottled up for eighteen months, then it is a good thing.

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  9. I'm no lawyer, but if Trump were to respond directly by defending himself at the senate impeachment trial, would he not be legally acknowledging that he concurs with its validity to be undertaken?

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  10. A vigorous defence and ultimate verdict will also clearly identify the Senate RINOs that NUST be successfully primaried

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  11. If they say he lied about the Election steal, then evidence should be able to be presented to show it was stolen.

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  12. Mitch The Bitch sold his soul.

    CSPAN @cspan .@senatemajldr on the U.S. Capitol Attack: "The mob was fed lies. They were provoked by the president and other powerful people."



    https://twitter.com/cspan/status/1351578782826721283

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  13. If he is indeed brought before the Senate , He has not only the right but by necessity to defend himself .
    He can then use testimony of Voter Fraud and such other to aid in said defense

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  14. They threaten him personally.
    They threaten his family.
    They threaten his businesses.
    They threaten his presidential legacy.
    They threaten his supporters.
    He will fight.

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  15. Trump needs to demand a trial in the Senate not only to clear his name but to clear the name of the 500,000 people I joined on the Mall and the rest of his 75 million voters. We assembled to peacefully request that overwhelming evidence of election fraud be answered prior to accepting electors that seemed illegitimately appointed. Trial will show

    Allegations of election fraud were clearly established and documented to a level that they deserve to be addressed. They are not ‘baseless,’ but are supported by thousands of affidavits and supported by analytics that are compelling (Three Navarro reports.) To date I have not seen evidence to refute the claims, only counterclaims that they are false, nothing to see here...
    The Trump MAGA movement supports police and enforcement of our laws. MAGA wanted riots shut down, police funded and zero tolerance for looting, arson and attacking the police. In contrast, Democrats encouraged rioting, defunded police, smeared cops as violent racists and funded bail and legal council for these real domestic terrorists. It was primarily Antifa false flag operators who breached security, certainly not the crowd who was still listening to the President speaking at the other end of the mall.

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    1. three equal branches of government. The president is not above the Legislative branch; he cannot demand. The Legislative branch has turned their back on the evidence. The judicial cannot override the legislative, they are coequal. The evidence of fraud ship has sailed.

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  16. You always fight. You never give up.

    If there's one thing we learned from the Bushes, it's that.

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  17. I think he should fight it as it gives him a very public forum to present the election fraud facts- piece by piece.

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  18. Take it to trial, get the voter fraud evidence out there!

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  19. Have you not been paying attention? They dont give a damned about any evidence, no matter what it is>

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  20. Turley is right because he knows the LAW. The ship has sailed for discussing "evidence" of election fraud. Our legislators chose to ignore our massive evidence that could have been presented after the VP read the states results, but they walked away. The legislative branch was the ONLY Branch of the government that could have overturned the States BLUNDER of CERTIFYING Joe Biden winning. Now, by law, they can say there is no PROOF of election fraud because the only branch that could hear cries of fraud, turned their ears away and rejected the evidence. Now if there is no PROOF of election fraud, then NO official should say that the election was stolen or it might incite a riot. That is the legal state the president faces. The "evidence of fraud" ship has sailed.

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    1. No, it hasn't and never will, any more than "Pearl Harbor should be forgotten" on 8 December 1941.

      There are scores to settle, even if it takes some time. People should go to the gallows for what they did (literally). Justice delayed is justice denied, but that doesn't mean giving up.

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  21. Don Surber is right and Turley is wrong. It’s a political trial not a legal trial. I had to readjust my view here from Turley’s. When only one side of an argument is heard that side usually wins. It’s hard enough with the press showing only one side all the time. Trump needs the best defense he can get. It’s PR and that’s real. This assumes the impeachment trial actually goes forward in the Senate. It might not. It's a clown show.

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  22. Your comparison of the House impeaching Trump after he's left office is an unsound one. Impeachment is, at its foundation, condemnatory, while the practice of Baptism for the dead is fundamentally redemptive.

    If you're going to poke fun at The Church of Jesus Christ of Latter-Day Saints, at least have the decency to do some research first.

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  23. Your comparison of the House impeaching Trump after he's left office to the LDS practice of Baptism for the dead is an unsound one. Impeachment is, at its foundation, condemnatory, while the practice of Baptism for the dead is fundamentally redemptive.

    If you're going to poke fun at The Church of Jesus Christ of Latter-Day Saints, at least have the decency to do some research first.

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  24. Turley was against the impeachment against a President who is no longer in office because it is unconstitutional, not more than a week ago. So it is apparent someone got to him.

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    1. If he totally defends PDJT, he now risks losing his teaching job and his writing gigs while having his home become the site of mass protests.

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  25. Another f-ing TDS clown show. If Trump is reelected in 2024, he needs to take no prisoners and BURN these lying scumbags.

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  26. THE MAGA COUNTERPUNCH IS QUO WARRANTO IN DC DISTRICT COURT: Show The Receipts Of Election Fraud

    https://naturalborncitizen.wordpress.com/2021/01/19/the-maga-counterpunch-is-quo-warranto-in-dc-district-court-show-the-receipts-of-election-fraud/

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  27. As usual, Don Surber is exactly right.

    Turley on the other hand is sometimes right, but often wrong. When you are looking for a compass, Turley is going to put you on the rocks often enough to prevent you from ever relying on his advice. Ever.

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  28. In my life I have only know of two Turleys. The first was Bob Turley and he threw a perfect game. The second is Jonathan Turley who threw bullshyt.

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  29. Mitch McConnell Reportedly Threatened President Trump: "If You Pardon Julian Assange, We are Much More Likely to Convict You in an Impeachment Trial" (VIDEO)
    https://www.thegatewaypundit.com/2021/01/mitch-mcconnell-reportedly-threatened-president-trump-pardon-julian-assange-much-likely-convict-impeachment-trial-video/

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  30. President Trump should defend himself, but he will have great difficulty. I expect that AGs in NY, NJ, and CA will indict him (probably for murky tax and conspiracy charges and perhaps pile on with ) as soon as he is out of office. Local prosecutors in DC will join in as soon as FL delays extradition. (There may shortly be a DC AG to the left of Marx and Engels.) The US Just Us Dept will weigh in in favor of extradition and perhaps pile on incitement charges. The charges will embrace Trumps Children and their spouses. The will want bail set at billions on the theory that Trump may run to Russia.
    200,000 flags surrounded by barbed wire represent America in a concentration camp. Evil symbolism.
    [I suppose it could even be part of someone's evil ceremony:

    Socialite Sally Quinn Says She Hexed Three People Who ...www.wmagazine.com › story › sally-quinn-wont-hex-d...
    Sep 15, 2017 — Socialite and columnist Sally Quinn claims she hexed three people who later died, but won't use her occult witchcraft powers on Donald Trump.

    ] I have an image of a political cartoon in my mind's eye. 200,000 American flags surrounded by barbed wire, carried by ...Chinas terracotta army.

    https://www.pinterest.com/pin/125467539592426095/

    For his defense the President should rename himself Emmanuel Goldstein and read The Theory and Practice of Oligarchical Collectivism into the record.

    Prosecutors will be using Franz Kafka's The Trial as their manual.
    Democrats will be

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  31. I know that a lot of you have focused your anger against those in DC, but we all have to come to terms with the fact that Biden still had far too many people who voted for him. These people need to also be held accountable, as there willful ignorance and irrational hatred of one man led us to where we are. I am insisting that we no longer treat them as misguided and foolish, but instead aggressively point out that all of bad things that are coming are very much their fault, and that they should just shut the hell up and accept what they have caused. They ARE responsible, and should be constantly reminded that they are targets too. Finally, Ican day that the one thing that left has taught me is how to hate! I hope they enjoy tyranny, because if it comes to me and my family over them, I will pick my family and leave them to their miserable fate!

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  32. I've read many articles and comments by TURDLEY - he is a liberal democrat and should not be given a second or even FIRST thought concerning anything of a Conservative or TRULY AMERICAN issue!

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  33. Damn them all to hell! Republicans and democrats as well. They sowed the wind. They will reap the whirlwind. God bless President Trump!🇺🇸

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