Posted on 01/24/2021 12:32:39 PM PST by BlackFemaleArmyColonel
WASHINGTON (AP) — A growing number of Republican senators say they oppose holding an impeachment trial, a sign of the dimming chances that former President Donald Trump will be convicted on the charge that he incited a siege of the U.S. Capitol.
House Democrats, who will walk the impeachment charge of “incitement of insurrection” to the Senate on Monday evening, are hoping that strong Republican denunciations of Trump after the Jan. 6 riot will translate into a conviction and a separate vote to bar Trump from holding office again. But GOP passions appear to have cooled since the insurrection, and now that Trump’s presidency is over, Republican senators who will serve as jurors in the trial are rallying to his legal defense, as they did during his first impeachment trial last year.
“I think the trial is stupid, I think it’s counterproductive,” said Sen. Marco Rubio, R-Fla.. He said that “the first chance I get to vote to end this trial, I’ll do it” because he believes it would be bad for the country and further inflame partisan divisions.
(Excerpt) Read more at breitbart.com ...
Someone brought to my attention the possibility of using the 14th Amendment, Sections 3 and 5 as possible ways to impeach a non serving person to keep them out of office. I don’t have enough lawyerly skills to evaluate this.
The 14th amendment was written to block anyone who participated in a civil war from becoming a Congressman, Elector to the Electoral College, Justice or Cabinet member, or a member of a state government where they might incite rebellion again. The one line in President Trump's speech acknowledging that the participants were going to march to the Capitol is not insurrection or rebellion. Almost everyone who holds a rally at the Mall ends with a march to the Capitol building.
First, the wording on this is such that it seems to include everyone EXCEPT the President and Vice President.
14th Amendment Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Second, when read against the wording of Article II Section 4's impeachment clause...
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
...it is clear that the President and Vice President are separate and distinct from "any office, civil or military, under the United States" because they are included separately in the impeachment clause. "Officers of the United States" means anyone who is appointed by the President and confirmed by the Senate, that is, Justices to the Supreme Court, Cabinet members, and senior military officers. It is not the President, Vice President, or member of Congress.
Third, the 14th amendment excludes the President and Vice President from its scope because an insurrection or rebellion is, by definition, the overthrow of a country's leadership (President), not its legislative body. The assassination of President Lincoln was on their minds, which is likely why the President and Vice President were excluded: the President cannot overthrow himself. Pelosi may fancy herself as the "co-leader" (she's on record saying “The Constitution does.”), but she's not. The Speaker is second in line to fill a vacancy in the Presidency.
Finally, the role of Congress in the 14th amendment is not to make a finding of insurrection or rebellion, it is only to waive the penalty for someone so they can run for office again. It is the opposite of impeachment: by 2/3rds vote, Congress may "remove such disability," not impose it. Some other body must make a finding of insurrection or rebellion.
I'm not a lawyer, but that's my take on it.
-PJ
There is a hoax on top of a hoax. Complicated business.
Just know that the Senate is not interested in the truth. It is a narrative machine similar to the press.
I don't think Trump will be convicted, but I think there is unanimous support in the seante for "entering the Capitol is wrong, no matter what the provoication. Violence is wrong, no matter what the provocation, etc. They don't have to get to the provocation part.
The Senate will use this trial to trumpet "the election was decided correctly" with no rebuttal allowed.
Fake news, fake election, fake government.
Wouldnt send them via usps. Saw what they did to Trump ballots.
Impeach 44!
“Impeach 44!”
Bumper sticker material. Or face mask.
A little too late for that you backstabbing cucks.
Realizing that if they go along with this horsesh!t, there is a primary in their future, and if they should lose reelection, nobody will shed a tear for them, and many will laugh.
“... he believes it would be bad for the country and further inflame partisan divisions.”
No kidding. That last part is a feature not a big.
It is just stupidity on steroids.
President Trump is now a citizen just like you and me. There is no impeachment to remove citizenship like an impeachment does for removal from office.
Hmmm.
What presentation of evidence. They did not even have an indictment from the house Justice Commitee. They just went right to indicting him without any evidence
The Senate will be no different. PDJT will not have a chance to present evidence. Schumer will just go straight to a vote to impeach. No trial will even happen
I believe that the 14th would be used to try and keep someone off a state ballot for election.
GROWING NUMBER?????????? Shouldn’t all the RINOs do this??? THEY ARE NEXT IN THE CROSS HAIRS OF THE MARXIST’S!!!
I don’t know about any Trump exciting an erection, but Smokin Joe may have when he re-allowed trannies for the military.
With Democrats making the rules,“
This. There is no way they will allow Trump to show the cheating evidence. By my count 4-6 Republicans will vote to convict. They know we are outraged at the way Trump was treated. I have no doubt at least 17 would vote to convict if they didn’t have to worry about being re-elected. There is only one party. It is us vs the ruling class their army of clueless idiots
That headline is a problem. It should have been...
GOP senators unanimously oppose impeachment trial from the start.
That it didn’t indicates some primarying needs to occur.
The last few paragraphs
Troops Occupy Capital
This is the context within which a reported 25,000 National Guard troops were called to duty and deployed at stations within Washington, D.C., during the days leading to and including the widely broadcast swearing in of Joe Biden as president on January 20. The military deployment was ordered by the Pentagon, not by Congress, the Senate or the president.
This is the factual context within which armed military forces took up positions around the U. S. Capitol and the White House. The Pentagon is reported to have a corps of 800 high-ranking officers focused upon defeating the insurrection involving collusion with foreign governments described above. Those officers are taking the precautions necessary to protect the nation, preserve and defend the Constitution, and defeat the insurrection.
The Plan and The Delay
A source believed to be reliable ( at 5:00 et seq.) says Pentagon officials were prepared to arrest Joe Biden and numerous others on January 20 at the time of the scheduled inauguration, but were deterred from doing so by an undisclosed consideration (perhaps threatened use of a weapon of mass destruction).
Military officials reportedly sought guidance from President Trump regarding the threat and ultimately determined to defer arrests until the threat is fully debunked. Arrests have been deferred until the threat is dealt with, which may be within a matter of days, weeks or as long as about two months.
Likely Prospects
If these described circumstances of January 20 are true, almost certainly Biden will be treated by law as never having become president. Indeed, he is likely to be treated as one who has conspired and acted to seize the presidency by treasonous means.
Biden is reported already to have been denied access to classified information requested from the Pentagon, and has been instructed not to come to the Pentagon or to send his staff there. These reports, if accurate, indicate the military command has concluded that Biden was declared the winner of the presidential election due to a criminal insurrection as proven by convincing evidence.
If this is indeed the case, Biden's orders and actions in the White House are null, void and additional criminal acts. While military officials complete their work in defeating the reported insurrection, President Donald Trump remains on the sidelines, to be consulted as military officials see fit.
Your post looks like someone’s wishful thinking fantasy.
Thanks
Don’t bother to look at the rest of it.
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