By DR. LARRY MOSES
No one asked me but… President Trump set a new record, being the only President who was Constitutionally impeached twice and Constitutionally found not guilty of the charges once. The second vote to find him not guilty was an unConstitutional “kangaroo court” decision.
I am not arguing with the decision, I am merely stating that the Constitutional procedure was not followed. Apparently fifty Democrat and seven Republican Senators cannot read.
You may argue that they surely consulted legal advice. I would suggest to you legal advice at that level is not telling the client what he doesn’t want to hear. High powered lawyers don’t make a living disagreeing with their clients. They are hired to make the law fit the wishes of their client not their clients wishes fit the law.
This reminds me of the man who sought out an accountant for his business. When he asked the first two applicants what two plus two was they replied “four.” When he asked the third applicant what two plus two was he answered “What do you want it to be?” He hired the third applicant.
Let’s look at what the Constitution says about impeachment. Article I Section Two Paragraph 5: The House of Representatives…shall have the sole power of Impeachment.
This part of the Constitution would indicate that both impeachments were within the power to the House. Both impeachments were Constitutional. It takes a simple majority of House members voting in favor of impeachment for impeachment to occur. An impeachment is merely a “grand jury” decision. The majority of the House believes the President has committed an offense so egregious that it merits his removal from office. Anytime the party in control of the House decides to impeach a President they can do so. Fear of retaliation when the aggrieved party takes control of the House has kept the attempt to impeach Presidents to a minimum.
Article I Section Three Paragraph 6:The Senate shall have the sole Power to try all Impeachments….When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
The fact that the Senate has the power to oversee all Presidential impeachment trials is spelled out specifically and clearly in the Constitution. Both impeachment trials took place in the Senate as specified. However, the first was Constitutionally carried out and the second was not. Chief Justice Roberts did not preside over the second impeachment trial. Therefore, the trial was illegally and unconstitutionally conducted.
Senator Patrick Leahy, the president pro tempore of the Senate, presided over the second impeachment. When quizzed about this, Senator Leahy replied: “The president pro tempore has historically presided over Senate impeachment trials of non-presidents.”
The issue is President Trump was impeached as a sitting President not as an ex-President. The trial was postponed by Senate action until President Trump became citizen Donald J. Trump.
The Constitution is silent about the impeachment of an ex-President. However, when an ex-Vice President, Aaron Burr, was tried for treason he was not impeached and it was in a court of law, not in the Senate, that his not guilty decision was made.
The very fact that Senator Leahy presided over the proceeding made the procedure un-Constitutional.
Article I Section Three Paragraph 7: Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Senator Leahy and his supporter indicated that even though Donald Trump was no longer President, they could still impeach and inflict the penalties attached to the impeachment.
The Democrats and the seven Republicans who voted for the impeachment revealed their true motives when they said they recognized the fact that Donald Trump was no longer President so the removal from office was not the motive.
The true motive for the impeachment was to be found in the “and” part of the opening sentence of Paragraph seven. “…and disqualification to hold and enjoy any office of honor, Trust or Profit under the United States.”
This was a blatant attempt to remove Donald J. Trump from the election process of 2024. However, the Constitution, does not say removal “or” disqualification it says “and.” This would indicate that if the President was not removed by impeachment, he would not be disqualified so the whole effort was nothing but an attempt to smear the ex-President’s reputation hoping to politically cripple a future run for re-election.
The new leader of the Senate, Senator Chuck Schumer, stated this fact very clearly in a statement before the Senate.
There are those who argue that by leaving office the President escapes all liability. That is not the case as he is open to conviction for any criminal activity in a court of law once his is a private citizen again.
Article II Section 4 Paragraph 1: 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.
This provision of the Constitution does not apply since President Trump was not “convicted of Treason, Bribery, or any other high crime or Misdemeanor.”
Amendment 14 Section 3 Paragraph 1 No person shall…hold any office, civil or military, under the United States…(who) shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.
It is rather interesting that the impeachment document included this provision of the Fourteenth Amendment of the Constitution. The Democrat majority in the House accused President Trump of inciting “insurrection or rebellion” against the federal government.
However, they might want to rethink this attack for many of their members including their President and Vice-President gave “aid or comfort” to those who rebelled against the government by burning down many of the cities of the United States.
The offer to pay bail and the direction to “fight like hell” given by many Democrat mayors, governors, Senators and Representatives could well be construed to have the same meaning when President Trump used those words directed at the demonstrators outside the Senate chambers.
Thoughts of the week… “The mind is easily mesmerized when frightened”
– Toba Beta
Master of Stupidity
“One believes things because one has been conditioned to believe them.”
– Aldous Huxley
Brave New World
