Impeachment

Trump defense team bounces back [UPDATED]

Featured image The defense of Donald Trump at his impeachment trial got off to a rocky start earlier this week. There’s no denying that. Today, however, the defense team came back strong in its closing argument. Trump’s lawyers used only about two and half hours of their allotted 16 to respond to the House managers’ case. That was enough to demolish it and to show the dishonesty of the managers’ presentation. Below »

The Times Loses It

Featured image I rarely look at the New York Times, since it abandoned any pretense of being a real newspaper years ago. Still, I was shocked when I saw the Times’s online front page a little while ago. Here is a screen shot of the top of the page: Trump’s defense is “incendiary”? I guess that means his lawyers aren’t going along with the absurd charge against him. And by “reframing Trump’s »

Impeachment managers appeal to Senators’ emotions, not their reason

Featured image In making their case to the Senate, the House impeachment managers are focusing on the Capitol riot itself rather than on Donald Trump’s responsibility, if any, for it. Yesterday, Senators watched video of a mob going after Mike Pence, Nancy Pelosi, and others, injuring police officers in the process. The video seems to have made an impression on Republican Senators, most of whom, I’m sure, were already disgusted by what »

Why Can’t Trump Get a Good Lawyer?

Featured image That is actually a serious question, and Mark Steyn posed it to me on Fox Prime Time last night, along with some more general conversation about impeachment follies. Here is the segment, which I think you will find interesting: »

The Belknap precedent

Featured image One of the good things about the impeachment of Donald Trump — maybe the only good thing — is that it has brought William Belknap into the spotlight. And that’s a good thing only for history buffs. Belknap is the only member of the executive branch until now to be impeached after leaving office. His impeachment trial is said to be precedent for holding one for Trump. Belknap was a »

Where have you gone?

Featured image (Former) President Trump left office in due course, yet the Senate is set to take up his second impeachment trial this afternoon at 1:00 p.m. (Eastern). The first item on the trial schedule is debate over the constitutionality of trial of a former president. Byron York reviewed the issue of constitutionality in his Daily Memo yesterday. The correct answer is “no.” After the arguments, the Senate will vote on whether »

“Incitement,” then and now

Featured image The Article of Impeachment rushed through the House of Representative by Democrats charges Donald Trump with “incitement of insurrection.” As I argued here, this charge is less than compelling. Indeed, the one statement cited in the article as inciting an insurrection — “if you don’t fight like hell you’re not going to have a country anymore” — falls woefully short of supporting the Dems’ claim. Politicians urge supporters to fight »

Will Trump be able to make the arguments he wants on impeachment?

Featured image Over the weekend, the legal team that was to represent Donald Trump at the impeachment trial resigned. According to this report, the lawyers on that team did not want to argue that Trump won the election. Instead, they wanted to focus on arguing that impeaching a president who has already left office is unconstitutional. To me, such a focus would be bad lawyering. Good lawyering would be to argue in »

Which party will “win” the impeachment trial

Featured image Most conservatives I know are disgusted that the Senate is going to try Donald Trump even now that he’s no longer president. At the same time, most think that holding the trial will either benefit Republicans or be a political wash. However, Andy McCarthy believes that it’s the Democrats who will come out as winners. He argues that the trial will “unite the Left while intensifying the Right’s internecine conflict.” »

Rand rules

Featured image Chief Justice John Roberts will not preside over the Senate impeachment trial of President Trump: the text of the Constitution only requires the Chief Justice to preside over the trial of “the President.” The text of the Constitution only requires the Chief Justice to preside over a Senate impeachment trial of “the President.” Trump is no longer “the President.” Roberts’s presence is therefore not called for. Will private citizen Trump »

“Nastiest Democrat” to preside over Trump impeachment trial

Featured image As expected, Chief Justice Roberts has declined to preside at the Senate trial of President Trump. Roberts is not required to preside because Trump is not the president. Clearly, he wants no part of the proceeding. You might think that, in Roberts’ absence, Kamala Harris would preside. After all, as vice president of the U.S., she is president of the Senate. However, the “honor” will go instead to Sen. Patrick »

On impeachment, Part Five, Mike Pence

Featured image This is the last in my series of posts called “On Impeachment.” Part One is here. Part Two, which set forth some presumptions about impeaching a president, is here. Part Three is here. It discussed the free speech problem with impeaching President Trump for stating his view about the election. Part Four considered the merits of impeaching Trump for what he urged protesters to do. In this post, I want »

Roberts rules

Featured image Today comes word via Senator Rand Paul that Chief Justice Roberts will not preside over any Senate impeachment trial of President Trump: the text of the Constitution only requires the Chief Justice to preside over the trial of “the President.” Trump is no longer “the President.” Roberts’s presence is therefore not called for. Trump is of course a private citizen at this point. The constitutional text does not appear to »

Who will preside over the Senate trial?

Featured image The effort by Democrats to impeach and convict President Trump is raising questions that, in a well-functioning society, would be reserved for law school exams. In such a society, Trump wouldn’t have acted as he did during his final days and Democrats would be content with the fact that those were his final days. One question raised is whether a president can be impeached after he leaves office. A second »

Few GOP Senators likely to vote for convicting Trump

Featured image On Election Day 1964, I handed out pro-Lyndon Johnson leaflets to voters at Connecticut Park Elementary school in Wheaton, Maryland. My friend Bruce stood nearby handing out pro-Barry Goldwater material. As he offered his literature, Bruce’s would say, “Good afternoon, sir (or ma’am), vote for Senator Goldwater.” The sirs and ma’ams seemed disinclined to follow Bruce’s advice. Most were stone faced. Some pushed back. “You’ve got to be kidding” and »

Gaffe of the Year

Featured image OK, the year is young. But Chuck Schumer’s classic moment on the Senate floor today promises to be a contender. First, the entertainment: SCHUMER: "Senators will have to decide if Donald John Trump incited the erection." pic.twitter.com/zL4UDs9UbK — Daily Caller (@DailyCaller) January 22, 2021 I will say that Trump has incited something of the sort in Democrats for the last four years. The more serious point here is that the »

On impeachment, Part Four, the House’s Article

Featured image The single Article of Impeachment passed by the House states, in pertinent part: INCITEMENT OF INSURRECTION On January 6, 2021, pursuant to the 12th Amendment to the Constitution of the United States, the Vice President of the United States, the House of Representatives, and the Senate met at the United States Capitol for a Joint Session of Congress to count the votes of the Electoral College. In the months preceding »