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Alan Dershowitz to Newsmax TV: Disqualifying Trump Won't Work Read Newsmax: Alan Dershowitz to Newsmax TV: Disqualifying Trump Won't Work
Newsmax ^ | Saturday, 23 Jan 2021  | Eric Mack

Posted on 01/23/2021 9:24:56 AM PST by Hostage

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To: SaxxonWoods
Outside of Romney, Murkowski, Collins and maybe Mitch and Sasse I doubt if the Dems are going to get any Republicans to vote for them.
Nobody likes Chuck Schumer and Republican Senators need Trump for reelection in 2022.
Any Republicans who vote to impeach Trump will be committing suicide.
Did you see what happened to Liz Cheney?
His own county GOP voted massively to censure her. Sh is going to find it hard to even win the GOP nomination in 2022.
41 posted on 01/23/2021 10:13:51 AM PST by SmokingJoe
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To: Yo-Yo
"It IS in the Constitution."

Yes, but it pertains to a current office holder. Once they have left office, it would be a Bill of Attainder which is strictly forbidden in common language. However, If an act inflicts a milder degree of punishment than death, it is called a bill of pains and penalties. Again, this applies to a sitting president or others who are impeachable.

I doubt there will be a Senate trial. However, I've read where State Legislatures, Governors, and AG's are preparing their own legal and civil lawsuits.

This highly successful President will be hounded for years because he dared to fight the Deep State and Hillary lost. Dem/Soc/Commies are so vindictive. They are children in my mind.

42 posted on 01/23/2021 10:14:15 AM PST by A Navy Vet (I'm not Islamophobic - I'm Islamo nauseated. Also LGBTQxyz nauseated )
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To: SmokingJoe

I suspect there’s a good chance you’re right about the
impeachment trial results in the Senate. I wouldn’t bet
the farm on it.

Look, if you wish to become a party’s nominee, the party
has to allow it. I don’t think the Republican Party
would allow Trump to be it’s standard bearer again. I
could be wrong, but with the reaction he got last time,
and the lack of support he garnered, good luck with
that.

If you wish to start a third party, then sure. Have at
it. Unless you’ve done that years before the election
in mind and the party has solidified to the point you
can actually make a run from it’s platform, it would be
very difficult to prevail.


43 posted on 01/23/2021 10:18:55 AM PST by DoughtyOne (Biden: the Wizard of nLaws > the L is silent because Democrats don't recognize laws.)
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To: SmokingJoe

I hope your trust in Republicans is well placed.


44 posted on 01/23/2021 10:19:19 AM PST by SaxxonWoods (Donald J. Trump is the rightful President of the USA and his own party won't admit that.)
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To: Hostage
Trump has already been impeached.

The Senate trial would be to remove him from office. That is the only power they have.

Trump is already out of office.

A Senate trial would be a waste of time and taxpayer dollars.

45 posted on 01/23/2021 10:23:12 AM PST by Jess Kitting
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To: SaxxonWoods; All

The NITWITS on the FAR LEFT can “CLAIM” anything, no matter how LOONY & OBVIOUSLY FOOLISH. That does NOT mean that they can CHANGE, “at their own motion”, the procedures set out in the US CONSTITUTION.

It is really NO more complicated than that.

Yours, ex-cadet


46 posted on 01/23/2021 10:23:34 AM PST by ex-cadet
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To: DoughtyOne

If you wish to start a third party, then sure. Have at
it. Unless you’ve done that years before the election
in mind and the party has solidified to the point you
can actually make a run from it’s platform, it would be
very difficult to prevail.
__________________________________________
34 million registered Republicans.
74 million Trump voters.

I’m MAGA, not a registered Republican since 2007 and I won’t vote for a ‘Republicrat’ ever again.


47 posted on 01/23/2021 10:24:13 AM PST by SaxxonWoods (Donald J. Trump is the rightful President of the USA and his own party won't admit that.)
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To: Hostage

Quaint that Allen thinks the Constitution matters.


48 posted on 01/23/2021 10:24:30 AM PST by Nuc 1.1 (Liberals aren't Patriots. Remember 1789! )
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To: SmokingJoe
There might be two to five Republican Senators who would vote that Trump is guilty. But the Democrats don't need 17 Republicans to vote with them. They need a two-thirds vote, but if some of the Republicans absent themselves from the vote, they don't need 67 votes.

Since Trump is no longer in office, Roberts should not preside over the trial. That means Kamala will be presiding.

49 posted on 01/23/2021 10:25:11 AM PST by Verginius Rufus
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To: Hostage

If the Articles of impeachment are sent to the Senate private citizen Trump should immediately file in federal court for the violation of his rights under 5th amendment.


50 posted on 01/23/2021 10:25:56 AM PST by Captain Compassion (I'm just sayin')
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To: KarlInOhio

People are assuming that Roberts must preside over this trial, but section 1 of the constitution, in the part about the senate, says:

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

Well, Trump is not the President.


51 posted on 01/23/2021 10:27:46 AM PST by ChronicMA
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To: Hostage

Derschowitz still hanging on to the US Constitution, obviously not accepting that it is more clearer than ever that the US Constitution is a defunct document, words a parchment that mean absolutely nothing. If you don’t believe me, ask a DC communist democrat.


52 posted on 01/23/2021 10:30:47 AM PST by drypowder
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To: Hostage

Derschowitz makes a good argument. Unfortunately there is precedent for impeaching someone out of office. It was done in 1873.

In the current environment I don’t see anyone stopping the dems from doing this. SC? Possibly but I would not count on it.

The dems need 17 pubs to sign on or it becomes a moot point. Let’s see what happens.


53 posted on 01/23/2021 10:38:28 AM PST by plain talk
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Comment #54 Removed by Moderator

To: SaxxonWoods

I’m for a new party. I am a Republican at the moment, but
I’m in the last days of my 51 year run as one.

The party doesn’t realize it, but I remained because I
didn’t see a clear path without it. I haven’t thought
they were on my side in decades.

In California they have just kept the sign in front of the
office up. Other than that...

Locals can still win once in a while. Sometimes a
district will still loft a Republican.

We are in this situation because the Republican party
quit caring if they didn’t have any say in the state’s
affairs. Now they don’t care if they don’t have any
say in the nation’s affairs.

They tossed aside support for the last guy that could
have held the party together, given it fresh blood, and
made a difference on into the future.

What’s more, I think the party may in fact be behind
in part, the demonization of Trump supporters as
terrorists.

The whole two party / uniparty stench in Washington
can be smelled clear out in California.


55 posted on 01/23/2021 10:41:38 AM PST by DoughtyOne (Biden: the Wizard of nLaws > the L is silent because Democrats don't recognize laws.)
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To: Yo-Yo

“...in order to return a Bill of Impeachment against Trump while he was STILL IN OFFICE.”

She has yet to send it to the Senate. Her impeachment is moot, therefore, under normal jurisprudence. If pursued, it will be an unconstitutional joke for the ages.


56 posted on 01/23/2021 10:42:10 AM PST by odawg
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To: Hostage

Alan what part of lawless illegitimate “government” don’t you get...

People need to quit thinking in the old paradigm of the USA as a country of laws...its now a country of a group of lawless tyrannical men.....law, fact and truth are irrelevant its just so much toilet paper


57 posted on 01/23/2021 10:46:35 AM PST by tophat9000 (Tophat9000)
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To: rigelkentaurus

The Constitution does allow a majority vote to ban from office after the 2/3 vote to remove from office is successful.

Dershowitz argues since Trump is already out of office, there cannot be a vote on banning.


58 posted on 01/23/2021 10:54:38 AM PST by joshua c (Jan 20th is Dump Day. Dump them all. Twitter, Facebook, Google, Amazon, cable tv etc)
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To: KeyLargo

If the Scaredy Cats of the US rule this constitution there may not be a need to pack the court.


59 posted on 01/23/2021 10:55:39 AM PST by joshua c (Jan 20th is Dump Day. Dump them all. Twitter, Facebook, Google, Amazon, cable tv etc)
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To: A Navy Vet
Yes, but it pertains to a current office holder. Once they have left office, it would be a Bill of Attainder which is strictly forbidden in common language.

I'm not saying I agree, but the argument on the other side says that 1) Trump was Impeached by the House while he was still in office, and 2) according to prior precedence, (never challenged in Court) resigning from office cannot be used to escape punishment by the Senate. By extension, having your current term expire prior to the Senate trial also cannot be used to escape punishment.

Had the House passed Articles of Impeachment after January 20th, their case against Trump would be far, far weaker.

60 posted on 01/23/2021 10:59:22 AM PST by Yo-Yo (is the /sarc tag really necessary?)
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