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Democratic Senator Says Rand Paul May Be Right About ‘Unconstitutional’ Impeachment Trial
The Daily Wire ^ | Feb. 8, 2021 | Tim Pearce

Posted on 02/08/2021 10:18:39 AM PST by The Pack Knight

Sen. Chris Murphy (D-CT) conceded Sunday that Sen. Rand Paul (R-KY) may be right about the unconstitutionality of former President Donald Trump’s upcoming impeachment trial.

Murphy appeared on Fox News Sunday to discuss the upcoming impeachment trial scheduled to begin Tuesday. Murphy has said that he supports impeaching the president and disagrees with Paul’s argument, but said the Kentucky senator made a valid point.

“I admit this is of course a matter of first impression and so I don’t think the case that Senator Paul is making is a ridiculous one,” Murphy said, according to Fox News.

Dozens of Senate Republicans have already signaled opposition to convicting Trump on impeachment because they believe to do so would be unconstitutional after Trump has already left office. Forty-five GOP senators voted in favor of a motion to dismiss the impeachment article on Jan. 26. Prior to the vote, Paul spoke out against the trial. As The Daily Wire reported:

Paul earlier gave a speech on the Senate floor excoriating the second impeachment push against Trump, pointing out that Chief Justice John Roberts does not plan to preside over a second trial because the Constitution requires him to do so only when the president is being tried.

“The Chief Justice’s absence demonstrates that this is not a trial as a president, but of a private citizen,” said Paul. “Therefore I make a point of order, that this proceeding, which would try a private citizen and not a president, a vice president, or civil officer violates the Constitution, and is not in order.”

Paul also blasted the Democrats for continuing to stoke division among Americans, especially when President Joe Biden is now calling for unity. “Hyper-partisan Democrats are about to drag our great country down into the gutter of rancor and vitriol the likes of which has never been seen in our nation’s history. Instead of doing the nation’s work with their new majorities in the House, the Senate, and the executive branch, Democrats are wasting the nation’s time on a partisan vendetta against a man no longer in office.”

“It’s almost as if they have no ability to exist except in opposition to Donald Trump,” Paul added. “Without him as their boogeyman, they might have to legislate and to actually convince Americans that their policy prescriptions are the right ones.”

Trump’s legal team has also embraced Paul’s argument, reasserting it last week while rejecting a Democratic offer for the former president to testify at the Senate impeachment trial.

“We are in receipt of your latest public relations stunt. As you certainly know, there is no such thing as a negative inference in this unconstitutional proceeding,” Trump’s attorney’s Bruce Castor and David Schoen wrote in a response to lead House impeachment manager Rep. Jamie Raskin (D-MD). “Your letter only confirms what is known to everyone: you cannot prove your allegations against the 45th President of the United States, who is now a private citizen.”


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections
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“I admit this is of course a matter of first impression and so I don’t think the case that Senator Paul is making is a ridiculous one,” Murphy said, according to Fox News.

It isn't a matter of first impression, of course. It is a matter that has been disputed for over two hundred years and has been considered several times by the Senate. The problem is that the only tribunal that likely has jurisdiction to consider the issue is the Senate itself, and the Senate is not bound by any concept of stare decisis like ordinary courts are.

1 posted on 02/08/2021 10:18:39 AM PST by The Pack Knight
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To: The Pack Knight

1) Sitting President.
2) Chief Justice.
3) FARCE!!!


2 posted on 02/08/2021 10:20:56 AM PST by Harpotoo (Being a socialist is a lot easier than having to WORK like the rest of US:-))
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To: The Pack Knight

He is correct, murphy ya stupid clodbuster! But— WE will let you play your farce one more stupid time— show your a@@es as disingenuous prevaricating a@@clowns, as targets for very easy administration of.... the Truth. A country wide RICO organization of criminals... the democrat party. Removed, peeled like an onion. Bring it!


3 posted on 02/08/2021 10:25:00 AM PST by John S Mosby (Sic Semper Tyrannis)
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To: The Pack Knight

murphy will incur the wrath of his fellow senator Blue Menthol but the dems will go through with it, and the media is going to repeat the mantra “impeached twice” until the end of the century.


4 posted on 02/08/2021 10:28:26 AM PST by I want the USA back (The nation is in the grips of hysterical insanity, as usual.)
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To: John S Mosby

Look. It either is or it isn’t constitutional. AM I RIGHT? Senator Toomey thinks it is. So as long as you have 2 people looking at the same set of facts and coming up with completely different conclusions they should be made to bet their own money on it. At present these statements/opinions cost them nothing. It’s like schlitz’s ‘proof’ of Russian interference.


5 posted on 02/08/2021 10:29:43 AM PST by DIRTYSECRET
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To: DIRTYSECRET

And Schiff (who’s already voted to impeach in the House) is the “impartial judge” in this kangaroo court Stalinist show trial in the Senate.


6 posted on 02/08/2021 10:33:20 AM PST by a fool in paradise (Call on Joe Biden to follow Donald Trump's example and donate his annual salary to charity. )
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To: The Pack Knight

Constitution? We don’t need no stinking Constitution. We have a political show trial to stage!


7 posted on 02/08/2021 10:36:30 AM PST by Bubba_Leroy (Dementia Joe is Not My President!)
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To: The Pack Knight

Call it what it is: Kangaroo Court


8 posted on 02/08/2021 10:38:50 AM PST by RatRipper ( Democrats and socialists are vile liars, thieves and murderers - enemies of good and America.)
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To: The Pack Knight

Chris Murky from the swamp said that? LOL!


9 posted on 02/08/2021 10:39:35 AM PST by PGalt (confirmed: past peak civilization)
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To: The Pack Knight

BIGGEST WASTE OF TIME EVER..ALL the Dems have in common is their hatred for Trump..notice they never say “I voted for Biden cause he’s a good dude” nah, its only because they hate Trump..you CANNOT impeach a private citizen, Trump is no longer President, you cant impeach him..this is ALL about making sure he cant run again in 2024, and honestly whose to say he would even run again, he will be 78 yrs old, whose to say he wants to deal with the commies again..but the left is terrified he will run and win because they know, they know the truth, he really did win in 2020


10 posted on 02/08/2021 10:47:17 AM PST by Sarah Barracuda
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To: The Pack Knight
Speaking of the Constitution, President Trump has options.

1) Call out Harris for not being a Natural Born Citizen as defined in Sen. Resolution 511 (2008). Neither of her parents were ‘... American citizen parents’ at her birth.

see - link regarding NBC

2) Call out Obama for not being a Natural Born Citizen and remove the 44th President from history.

3) Have the FEC de-certify the Democrat National Committee as an on-going criminal enterprise for proposing unqualified candidates in past elections. Overnite all the (D)s become (I)s.

4) Challenge the seats of all members of Congress who voted to certify Gropin’ Joe and Kamalatoes and remove the ones elected in fraud-ridden elections.

5) Put up a ‘Help Wanted’ with the thought of firing and replacing 2/3 of all non-military federal workers. That would include the entire FBI, and the arrest of all CIA operatives found stateside.

11 posted on 02/08/2021 10:50:53 AM PST by RideForever (We are born to be tested ...)
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To: RideForever

Telling quote from link above

You can find the meaning of Natural Born Citizen here.
http://en.wikisource.org/wiki/United_States_Statutes_at_Large/Volume_1/1st_Congress/2nd_Session/Chapter_3

Look for this part:
“And the children of citizens of the United States, that may be born beyond sea,Also, children of citizens born beyond sea, &c. or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States”

That seams to be a painfully clear definition of what was meant by “Natural Born Citizen” to me.


12 posted on 02/08/2021 10:52:31 AM PST by RideForever (We are born to be tested ...)
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To: a fool in paradise

No it is the slobbering drooling National Security Risk permanently removed from Senate Intel committee for leaking— the gibberish speaking Sen. “Leaky” Leahy of Vermont the other octogenarian from an original Colony. The junior senator of Vt. imagine that is Bernie Socialist Sanders... a “junior’ slobbering Communist. Leahy is barely conscious to be any kind of a ‘judge’.


13 posted on 02/08/2021 10:53:08 AM PST by John S Mosby (Sic Semper Tyrannis)
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To: The Pack Knight
It isn't a matter of first impression, of course. It is a matter that has been disputed for over two hundred years and has been considered several times by the Senate. The problem is that the only tribunal that likely has jurisdiction to consider the issue is the Senate itself, and the Senate is not bound by any concept of stare decisis like ordinary courts are.

A conviction would be subject to collateral review at SCOTUS. It takes a 2/3's vote to convict, but only a simple majority after conviction to bar the convicted from holding office again. Presumably, the Senate might reverse such a bar at a later date. Otherwise, it would required a constitutional amendment to reinstate eligibility. The Senate convicted then Judge Alcee Hastings in 1988, but he was not barred from holding future office. He was then elected to Congress and he remains there as a Dem congressman. That makes a curious precedent.
14 posted on 02/08/2021 10:53:25 AM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: DIRTYSECRET

It is something they are doing— it has ZERO legal force on a private citizen. So— it is not an either/or not situation. It is not Constitutional. So they will waste time as long as they can think they have the stupidist a@@es attention and media cooperation.

Watch how they will try to limit evidence... evidence for DEFENSE!! That alone would be struck down. The People, ones who will take action, are watching.


15 posted on 02/08/2021 10:56:08 AM PST by John S Mosby (Sic Semper Tyrannis)
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To: Sarah Barracuda
BIGGEST WASTE OF TIME EVER

Exactly. That is exactly why we need to string this along for as long as possible. Keep the Senate busy on this and they cannot pass legislation that can actually hurt us.

16 posted on 02/08/2021 10:57:47 AM PST by ShadowAce (Linux - The Ultimate Windows Service Pack )
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To: The Pack Knight

Murphy is o ne of the biggest Left Wing “Loons” in the Senate. If he thinks there is merit in Paul’s argument, you can believe several other Dem. Senators have similar feelings.


17 posted on 02/08/2021 11:03:06 AM PST by Old Retired Army Guy
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To: ShadowAce

The Dems know there is ZERO chance and I mean ZERO chance Trump gets convicted in the Senate, even with those wishy washy commie Republicans like Romney, Collins, Murkowski voting yes, makes no difference, he wont be convicted, they know it, but instead of ya know, giving people 2 grand who really need it, they are wasting their time on this..because this is all they have in common, their hatred of Trump


18 posted on 02/08/2021 11:03:18 AM PST by Sarah Barracuda
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To: RatRipper

Why does our side keep falling for this crap over and over?


19 posted on 02/08/2021 11:25:55 AM PST by lilypad
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To: The Pack Knight
It's almost as if the 'Rats think (or Know) Trump is still POTUS. Prevention from future office is just a cover story.

There are two presidents, with differing claims to the office. Trump, as the legal winner of 11/3. Bitem, as the criminal winner of 11/3. Whomever prevails will get to write the history books of the other. In the meantime, one has control over some domestic agencies and the other has the backing and control of the DOD and FEMA.

I'll close here with pictures of both boarding AF1.


20 posted on 02/08/2021 11:34:09 AM PST by C210N (You can trust government or you can understand history. But you CANNOT do both.)
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