Turley: Swift new impeachment would damage the Constitution By Jonathan Turley

[mystery-ak]

Turley: Swift new impeachment would damage the Constitution
By Jonathan Turley, opinion contributor — 01/09/21 10:00 AM EST

Author Franz Kafka once wrote, “My guiding principle is this: Guilt is never to be doubted.” Congressional Democrats appear close to adopting that Kafkaesque standard into the Constitution as they prepare for a second impeachment of President Trump. In seeking his removal for “incitement,” Democrats would gut not only the impeachment standard but free speech, all in a mad rush to remove Trump just days before the end of his term.

Democrats are seeking to remove Trump on the basis of his speech to supporters before the Jan. 6 rioting at the U.S. Capitol. Like many, I condemned that speech as it was still being given, calling it reckless and wrong. I also opposed the challenges to electoral votes in Congress. However, Trump’s speech does not meet the definition of incitement under the U.S. criminal code. Indeed, it would be considered protected speech by the Supreme Court.

When I testified in both the Clinton and Trump impeachment hearings, I noted that an article of impeachment does not have to be based on a clear crime but that Congress historically has looked to the criminal code to weigh impeachment offenses. In this current controversy, any such comparison would quickly dispel claims of criminal incitement. Despite widespread, justified condemnation of his words, Trump never actually called for violence or a riot. Rather, he urged his supporters to march on the Capitol to express opposition to the certification of electoral votes and to support the challenges being made by some members of Congress. He expressly told his followers “to peacefully and patriotically make your voices heard.”

more
https://thehill.com/opinion/judiciary/533469-swift-second-impeachment-would-damage-the-constitution

[Hoodat]

Poor Turley believes that Democrats actually give a damn about the Constitution.

[catfish1957]

As I have said on other threads, I really don't think it is likely to secure an impeachment/conviction before January 20th, unless this thing went full bore kangaroo. Like other Briefers have stated, there is apparently something going on behind the scenes that has congress freaking out with fear.   That is why there is rancor and clamor around Trump's arrest right now. 

The next few weeks might play out into some epic and unprecedent political drama.

[mystery-ak]

Liberal Law Professor Warns Dems on Impeachment: 'There Was No Call for Lawless Action' from Trump

Jonathan Davis
Posted January 10, 2021

Democrats have destroyed so many norms and traditions in their endless pursuit of President Donald Trump that it shouldn’t surprise anyone they are trashing the Constitution and the rule of law in the process.

During the 2020 presidential election cycle, Democrats in key battleground states went around GOP-controlled state legislatures to unconstitutionally change their voting rules and procedures. And now congressional Democrats are preparing to impeach President Trump for the second time – for no legal reason whatsoever, and that’s according to a constitutional law professor who votes for Democrats.

"In seeking his removal for 'incitement,' Democrats would gut not only the impeachment standard but free speech, all in a mad rush to remove Trump just days before the end of his term," Jonathan Turley wrote in The Hill.

Townhall has more:

    Although the law professor took issue with Trump's speech before supporters, as well as Republicans [sic] objections to certifying the electoral votes in Joe Biden's favor, Turley said the president's speech doesn't "meet the definition of incitement under the U.S. criminal code." In fact, Trump's speech is deemed "protected speech" under the First Amendment, the professor noted.

    Turley also pinpointed one thing Democrats fail to recognize: the President Trump never called for violence. He simply urged his supporters to march towards the Capitol, something that's commonplace in Washington, D.C.

more
https://trendingpolitics.com/liberal-law-professor-warns-dems-on-impeachment-there-was-no-call-for-lawless-action-from-trump/