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PREVIEW: What to Expect from Trump's Upcoming Impeachment Trial
American Thinker ^ | February 6, 2021 | Jonathon Moseley

Posted on 02/07/2021 4:30:31 PM PST by Moseley

The U.S. Senate is scheduled to begin a trial on impeachment of Donald J. Trump officially announced for "the week of" February 8. According to C-SPAN, that means 1:00 P.M. EST on February 9, 2021. C-SPAN allows you to watch, live or whenever is convenient on demand, on a special web page.

Here is a preview for thinking Americans of some things to look for. You will be watching something like playing the Super Bowl in five minutes, with the best of players slipping and falling all over each other. No one can elegantly mash a two- to four-week trial into only a couple of half-days, while the Senate also conducts other business in the morning. compression will harm Trump's due process.

Each side has submitted briefs. The Democrat impeachment managers released an 80-page trial brief in small print. Trump's new lead attorneys, Bruce L. Castor, Jr. and David Schoen, submitted an "Answer" from Donald Trump later the same day on February 2, 2021. It is only 13 pages in big type plus a conclusion and signature block.

However, that was not Trump's trial brief. It was a reply to the Articles of Impeachment. It is in the style of "the allegations of paragraph 48 are denied in part and admitted in part." That sort of thing.

Trump's lawyers need to also file an actual trial brief. However, Castor and Schoen came on board only late last week. A case of this magnitude and complexity (more complex than you might think, with lifetime disqualification from public office and even criminal prosecution possibly down the line) would normally afford six months to eighteen months before going to trial. So Castor's and Schoen's Answer for Trump was thin.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections
KEYWORDS: impeachment; preview; trial; trump
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Trump's new lawyers hit hard on a "bill of attainder." The U.S. Constitution absolutely forbids two things: an ex post facto law and a bill of attainder. An ex post facto law means that Congress criminalizes something only after you did it already. In fact, the Democrats are changing interpretations so severely that they are violating the ex post facto prohibition.

A "bill of attainder" is a legislature singling out a person for punishment rather than enacting a law of general application. Because the prohibition in the Constitution is absolute, Trump's lawyers raise it as a total bar.

In other words, they have put tyrannosaurus rex teeth into the argument that you cannot impeach a former president. They belabor the circumstances that the articles of impeachment have created: "a class of one" with only Donald Trump in the class.

That supports both an equal protection violation and a bill of attainder violation. They come close to arguing equal protection, but it sounds as though they ran out of time before hammering that point home.

Now, clearly, everyone is focused on whether Trump is disqualified from holding any political office in the future. That could include something like serving on a board, not just running for president. Democrats have made clear that their goal is to not face Trump at the ballot box on November 5, 2024. How convenient and banana republic–like to disqualify political opponents. The Democrats' fever is practically an admission that they might lose a rematch with Trump.

The news media have been in a fit over whether or not Trump (his lawyers) will argue that the 2020 election was stolen. Don't bet the farm on Castor and Schoen being that brave, because most lawyers are really not. But typically trial lawyers would be mystified by the question "are you going to argue A or B?" As my law professor asked in a (pretend) stunned expression: "Why do I have to choose only one?" A good trial attorney would be required to hit and smash each and every accusation against his client, in a row. Leaving any accusation alive is not in a trial lawyer's DNA.

Amazingly, though, Trump's brief reminds us that the Democrats are actually required to prove that the election was not stolen. The articles of impeachment do not merely open the door and allow Trump to prove there was election fraud. They accuse Trump of falsely claiming there was fraud in the election, thereby inciting protests.

1 posted on 02/07/2021 4:30:31 PM PST by Moseley
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To: Moseley

Can you cry “fire!” in a crowded theater? Well, is there in fact a fire? Then yes. A prosecutor would have to prove there wasn’t any fire.

In order to prove their case, the impeachment managers are actually required to prove that Trump’s statements were false. The burden of proof is on the Democrats to prove that there was no fraud anywhere in the election. If Trump’s statements were true or he reasonably believed they were true, then the articles of impeachment fail. And Trump should be able to respond. Of course, the Senate won’t tolerate that or allow that much time.


2 posted on 02/07/2021 4:31:15 PM PST by Moseley (http://www.MoseleyReport.com)
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To: Moseley

bkmk


3 posted on 02/07/2021 4:32:54 PM PST by sauropod (#ImpeachMcConnell. #Resist. #NotMyPresident.)
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To: Moseley

Does C-Span sell air time to advertisers like other networks? I just had a thought of which industries would considering buying 30 during this Must See second impeachment. I hope not.


4 posted on 02/07/2021 4:42:04 PM PST by lee martell
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To: Moseley

It’s not an impeachment trial.

They are only calling it that, so they can pretend.

This is an illegal trial of a private citizen.

The Senate of the United States is forbidden to conduct
such a trial.

The Chief Justice of the Supreme Court has refused to
reside over this trial. He is required by the Constitution
of the United States to do so, if it is an impeachment.

This would be a joke, if it wasn’t so clearly a criminal
undertaking by the Democrat Controlled Senate.

Private Citizens do not answer to the Senate of the
United States. They stand before a normal court of
law, where a judge or jury evaluate evidence and come
to a verdict.

This is how I understand the law to work. I’m not the
final voice on it, but I believe this to be correct.


5 posted on 02/07/2021 4:44:30 PM PST by DoughtyOne (The Republican Party is dead. Long live the Founders Party.)
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To: Moseley

I have thought that the proper response for Trump should be to ignore it. Announce that it is in his view an unconstitutional puppet show and refuse to dignify it.

Others see it differently, I suppose. I do want to see which Repubs line up against him so they can be dealt with down the road.


6 posted on 02/07/2021 4:45:41 PM PST by marron
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To: Moseley
What to Expect from Trump's Upcoming Impeachment Trial

The United States cements it's status as a Banana Republic.

7 posted on 02/07/2021 4:45:43 PM PST by Navy Patriot (Celebrate Decivilization)
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To: Moseley

Mark Levin had Judge Starr on today. Impeachment of current private citizen Donald Trump is absolutely unconstitutional:

http://www.youtube.com/watch?v=d8BtsU6jiks


8 posted on 02/07/2021 4:47:29 PM PST by Jamestown1630 ("Corn Pop was a bad dude. He ran a bunch of bad boys.")
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To: Moseley

“Third World Kangaroo Court”, if you only look to the first Coup inspired “Impeachment” Show Trial. This time, the Subversives didn’t even follow the “basic” niceties of having hearings, one sided or not.


9 posted on 02/07/2021 4:48:16 PM PST by Howie66 (God Bless TEXAS! #Texit)
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To: Navy Patriot
Article 1, Section 3

...When the President of the United States is tried, the Chief Justice shall preside...

Since Roberts refused to preside, this is not a constitutionality valid impeachment trial. Why are we not screaming this from every corner? If I was a criminal defense attorney I would open every case citing how the Senate refuses to follow the rules so the jury should have no expectations of any one else having to follow them.
10 posted on 02/07/2021 4:52:58 PM PST by RBW in PA
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To: Moseley
"The term “kangaroo court” refers to a system in which the verdict has been decided even before the trial begins. The proceedings are simply staged to give the appearance of fairness and justice, with witnesses hopping in and out notwithstanding.Jan 18, 2020<'>

Shame on the elite GOP Senators for disobeying their sworn oaths to Protect the US Constitution.

11 posted on 02/07/2021 4:59:22 PM PST by yoe (President Trump works for We The People - not China as Biden has and will.)
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To: Moseley

DONT CARE! UNCONSTITUTIONAL AND ILLEGAL CIRCUS ACT. TO HELL WITH ALL OF THEM


12 posted on 02/07/2021 5:00:26 PM PST by Democrat = party of treason
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To: Moseley

Still . . . . . How do you court martial a civilian ?


13 posted on 02/07/2021 5:15:11 PM PST by knarf (The Constitution protects the right to peaceably assemble, not to protest)
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To: Moseley

OMYLANTA!!!! THEY SHOULD TOTALLY SCHEDULE A HALFTIME SHOW!!!

Maybe something from JLow or the Jock Strap Rappers.

Something befitting the class and decorum of this Peachmint Kangaroo Kabuki Sideshow.


14 posted on 02/07/2021 7:24:34 PM PST by CaptainPhilFan (I deleted my Fascistbook account. You should, too. )
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To: Moseley

Cardboard Brains

Cardboard Bowl

Cardboard Impeachment

Cardboard Ballots

Cardboard Congress

Cardboard Supreme Court


15 posted on 02/07/2021 7:32:49 PM PST by Varsity Flight ( "War by the prophesies set before you." I Timothy 1:18)
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To: RBW in PA
"Since Roberts refused to preside, this is not a constitutionality valid impeachment trial. Why are we not screaming this from every corner?"

Even worse,the "judge" is sitting Senator Leahy, a liberal democrat.

This is outrageous!

What kind of legal proceeding has a "judge" working for the prosecution?

16 posted on 02/07/2021 9:30:11 PM PST by boop (Joe Biden is a racist.)
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To: Moseley

Thank you very much! Well done!


17 posted on 02/07/2021 10:22:15 PM PST by familyop
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To: Moseley

It’s a group scolding with publicity. The Democrats are doing it to pander to their national mob of renegade harridans, hens, harpies, baboons,...


18 posted on 02/07/2021 10:24:17 PM PST by familyop
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To: Moseley

I would have filed a Writ of Prohibition and a Writ of Mandamus as per Federal Rule of Appellate Procedure 21.

The impeachment trial of a non-sitting president is clearly unconstitutional. The Writs would have stopped the trial dead in its tracks.


19 posted on 02/08/2021 12:07:29 AM PST by thegagline
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To: Moseley

Give it up.
The verdict is already in.
- He’s Guilty.
- Sentence will be public hanging in the Capitol Rotunda.
- The only thing left is the date.

I love the smell of Kabuki in the morning.


20 posted on 02/08/2021 12:36:58 AM PST by .44 Special (Tiamid Buacach!)
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